### 1069 Environmental Protection Agency § 52.2470

(ii) Additional Materials—Remainder of April 30, 1997 submittal

[37 FR 10899, May 31, 1972. Redesignated and amended at 65 FR 21320, Apr. 21, 2000]

E DITORIAL N OTE : For F EDERAL R EGISTER citations affecting §52.2465, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.



### Subpart WW—Washington

§ 52.2470 Identification of plan.

(a) Title of plan: ‘‘A Plan for the Implementation, Maintenance and Enforcement of National Ambient Air Quality Standards in the State of Washington.’’

(b) The plan was officially submitted on January 28, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Contingency request for a two year extension for carbon monoxide and nitrogen dioxide in the PugetSound Intrastate Region and for carbon monoxide in the Eastern Washington-Northern Idaho Interstate Region submitted on January 28, 1972, by
the Governor.

(2) Request for a two year extension, delegation of legal authority and amendments to the implementation plan submitted on May 5, 1972, by the
Governor.

(3) Notices of public hearings and certifications that hearings were held regarding implementation plan matterssubmitted on July 18, 1972, by the Department of Ecology.

(4) Clarifying submission (Non-regulatory) to the implementation plan submitted on September 11, 1972, by the
Governor.

(5) Compliance schedules submittedon December 12, 1972, by the Washington Department of Ecology.

(6) Compliance schedules, revisions to WAC 18–04, 18–12 and 18–40, and a new regulation WAC 18–06 submitted on February 15, 1973, by the Governor.

(7) Transportation control plan submitted on April 13, 1973, by the Governor.

(8) Revisions to the transportation control plan submitted on May 31, 1973, by the Governor. (9) Compliance schedules submitted on July 25, 1973, by the Department of Ecology.

(10) Indirect source plan submitted on October 11, 1973, by the Department of Ecology.

(11) Indirect source regulation (WAC 18–24) submitted on June 14, 1974, by
the Governor.

(12) Air quality maintenance area designation submitted on May 31, 1974, by the Washington Department of Ecology.

(13) Revisions to the State and localagency open burning regulations submitted on September 10, 1973, by the Department of Ecology.

(14) Information regarding the approval of the revised open burning regulations submitted on May 23, 1975, by the Department of Ecology.

(15) Revision to section 9.05(c) of Regulation I of the Olympic Air PollutionControl Authority submitted November 6, 1975 by the Governor.

(16) On April 4, 1979 the State of Washington Department of Ecology submitted a request to extend foreighteen months the date for plan submission for all secondary total suspended particulate nonattainment

areas.

(17) On June 26, 1975 the Governor
submitted amendments to WAC 18–24‘‘State jurisdiction over Motor Vehicles’’ which repealed the program for preconstruction review and approval of indirect sources, leaving only Sections 020—Definitions and 030—Assumption of Jurisdiction. On April 27, 1979 the Governor submitted revisions required by Part D of the Clean Air Act as amended in 1977, specifically: plans for the Seattle primary total suspended particulate (TSP) nonattainment area,the Tacoma primary TSP nonattainment area, the Seattle-Tacoma carbonmonoxide (CO) and ozone nonattainment areas (along with a request for an
extension of the attainment dates to beyond December 31, 1982), the Spokane primary TSP nonattainment area, the Clarkston primary TSP nonattainmentarea, the Vancouver primary TSP nonattainment area, and the Yakima CO nonattainment area; revisions to Stateand local regulations for nonattainment areas (WAC 173–400–010, 173–400– 020, 173–400–030, 173–400–040 (except (13)),


### 1070 40 CFR Ch. I (7–1–11 Edition) § 52.2470

173–400–050, 173–400–060, 173–400–070, 173– 400–090, 173–400–100, 173–400–110, and 173– 400–120; WAC 173–420; WAC 173–425, WAC 173–490 (except 173–150); Puget SoundAir Pollution Control Agency Regulation I, Articles 1, 3, 6, 9 (Sections 9.02, 9.02A, 9.03, 9.04, 9.05, 9.06, 9.07(d), 9.07(e),and 9.09); Northwest Air Pollution Control Authority Regulation Section455.11; and Spokane County Air Pollution Control Authority Regulation Article IV, Section 4.01); and the rescission of State and local agency regulations which duplicated applicable Federal or State regulations for nonattainment areas (WAC 18–04–010, 18–04–020, 18–04–030, 18–04–040, 18–04–050, 18–04–060, 18–04–070, 18–04–090, 18–04–100, 18–04–110, and 18–04–120; WAC 18–06; WAC 18–12; WAC 18–20; WAC 18–24; WAC 18–28; WAC 18–32; WAC 18–40; WAC 18–44; WAC 18– 46; WAC 18–48; WAC 18–56; WAC 18–60; Puget Sound Air Pollution ControlAgency Regulation I, Articles 5, 9 (Sections 9.07(a), 9.07(b), 9.11, 9.12, 9.13, 9.15, and 9.16), and 11; Spokane County AirPollution Control Authority Regulations I and II (except Article IV, Section 4.01); Northwest Air Pollution Authority Regulations 1 and 2 and Section 501 Southwest Air Pollution Control Agency Regulations 1 and 2; Olympic Air Pollution Control Agency Regulation I; Yakima County Clean Air Authority Regulation 1; Grant CountyClean Air Authority Regulation; Benton-Franklin-Walla Walla Air Pollution Control Agency Regulation; and Douglas County Air Pollution Control Commission Article V, Section 5.01).On May 18, 1979 the State of Washington Department of Ecology submitted corrections to the Puget Sound area emission inventory in the April 27, 1979 submittal. On June 20, 1979 the Governor submitted the plan for the
Vancouver ozone nonattainment area including a request for an extension ofthe attainment date to beyond December 31, 1982. On December 21, 1979 the State of Washington Department of Ecology submitted statutory authorityfor an automobile inspection and maintenance program and a detailed schedule for its implementation. On May 1,1980 the State of Washington Department of Ecology submitted revised statutory language pertaining to State legal authority. (18) On April 1, 1980 the State of Washington Department of Ecology submitted revisions to the regulations for Kraft Pulping Mills (WAC 173–405– 011; 173–405–021; 173–405–031(1), (4), (5) and (6); 173–405–036(1), (2) and (4); 173– 405–061; 173–405–071(2), (3), (4)(d), (4)(e) and (5); 173–405–077; 173–405–078; 173–405– 086; and 173–405–101), Sulfite Pulping Mills (WAC 173–410–011; 173–410–021; 173– 410–031; 173–410–036(1), (2) and (4); 173– 410–041; 173–410–061 (1) through (8); 173– 410–067; 173–410–071; 173–410–086; and 173– 410–091), and Primary Aluminum Plants (WAC 18–52–010; 18–52–016; 18–52– 021; 18–52–031 (2) and (4); 18–52–036(1); 18– 52–056; 18–52–061; 18–52–071(1)(c), (1)(f),and (2); 18–52–077; and 18–52–086) and rescission of old regulations (WAC 18–36– 010, 18–36–020, 18–36–030, 18–36–040, 18–36– 050, 18–36–060, 18–36–070, 18–36–080, 18–36– 090 and 18–36–100; WAC 18–38–010, 18–38– 020, 18–38–030, 18–38–040, 18–38–050, 18–38– 060, 18–38–070, 18–38–080 and 18–38–090; and WAC 18–52–015, 18–52–020, 18–52–030 (except (3)), 18–52–040, 18–52–060, 18–52–070 and 18–52–080) to satisfy the requirements of Part D of the Clean Air Act.

(19) On April 27, 1979 the Governor submitted the plan for the Spokane carbon monoxide (CO) nonattainment area. On September 10, 1980 the State of Washington Department of Ecology submitted a revised transportationcontrol plan for the Spokane CO nonattainment area.

(20) On March 5, 1980 the State of Washington Department of Ecology submitted a plan revision to meet the requirements of 40 CFR part 58, subpart C, §58.20 Air Quality Monitoring.

(21) On April 27, 1979 the Governor submitted a provision for maintenance of pay (WAC 173–400–160).

(22) On June 24, 1980 the State of Washington Department of Ecology submitted a new regulation WAC 173– 402 ‘‘Civil Sanctions Under Washington Clean Air Act’’. On July 30, 1980 the State of Washington Department of Ecology submitted revisions to WAC 173–400 (specifically 173–020; 173–030; 173– 040 (except (13)); 173–050; 173–060; 173–070; 173–090; 173–100; 173–110; and 173–120), WAC 173–405 (specifically 173–012; 173– 021; 173–040 (1), (2), (3), (4), (5), (6) and (17); 173–072(1), (4) and (5); 173–077, 173– 086; and 173–101; and rescission of 173– 011; 173–031 (1), (4), (5) and (6); 173–036


### 1071 Environmental Protection Agency § 52.2470

(1), (2) and (4); 173–061; 173–071 (2), (3), (4)(d), (4)(e) and (5); and 173–078), WAC 173–410 (specifically 173–012; 173–021; 173– 040 (1), (2), (3), (5) and (16); 173–062 (1), (2) and (3); 173–067; 173–086; 173–090; and 173–091; and rescission of 173–011; 173– 031; 173–036 (1), (2) and (4); 173–041; 173– 061 (1) through (8); and 173–071), WAC 173–415 (specifically 173–010; 173–020; 173– 030(2)(b), (4), (5), (7) and (11); 173–050; 173–060(1)(c) and (2); 173–070; and 173– 090), WAC 173–490 (specifically 173–010; 173–020; 173–025; 173–030; 173–040; 173–070; 173–071; and 173–080), rescission of old WAC 18–52 (specifically 18–010; 18–016; 18–021; 18–030(3); 18–031 (2) and (4); 18– 036(1); 18–056; 18–061; 18–071(1)(c), (1)(f)and (2); 18–077; and 18–086), and revisions to the Seattle-Tacoma carbonmonoxide, Seattle-Tacoma ozone, Vancouver ozone, Seattle primary total suspended particulate (TSP), Tacoma primary TSP, Vancouver primary TSP, Spokane primary TSP and Clarkston primary TSP nonattainment area plans, in order to satisfy the conditions of approval published on June 5, 1980 and July 31, 1980. On November 7, 1980 the State of Washington Department ofEcology submitted clarifying information, including the designated ‘‘no burn’’ areas for the Seattle, Tacoma and Spokane TSP nonattainment areas to satisfy the conditions of approval published on June 5, 1980. On January13, 1981 the State of Washington Department of Ecology submitted further
revisions to WAC 173–400–110 and WAC
173–490–020 and 173–490–040 in order tosatisfy the conditions of approval published on June 5, 1980.

(23) On August 17, 1979 and July 30,
1980 the Governor submitted revisionsto the State of Washington Implementation Plan to provide authority to theEnergy Facility Site Evaluation Council to implement the plan required by
section 110 of the Clean Air Act for energy facilities, specifically, statutoryauthority (80.50 RCW), applicable regulations (WAC 463–39–010; 463–39–020; 463– 39–030 (except (4), (7), (10), (24), (25), (30),(35) and (36)); 463–39–040 (except introductory paragraph); 463–39–050; 463–39–060; 463–39–080; 463–39–100; 463–39–110 (except (1), first two sentences of (3)(b), (3)(c), (3)(d) and (3)(e)); 463–39–120; 463– 39–130; 463–39–135; 463–39–150; and 463–39– 170), and a Memorandum of Agreement between the Energy Facility Site Evaluation Council and the State of Washington Department of Ecology describing program implementation. On May28, 1981, the Energy Facility Site Evaluation Council submitted an Attorney General’s opinion certifying that 80.50RCW provided sufficient enabling authority to meet the requirements of
the Clean Air Act.

(24) On November 17, 1981 the State of Washington Department of Ecology submitted a revision to the plan for theSpokane carbon monoxide nonattainment area, including a schedule for the implementation of an expanded transitservice to satisfy the condition of approval published on December 24, 1980.

(25) On July 30, 1980 the State of Washington Department of Ecology submitted revisions to the regulationsfor sources of volatile organic compounds (VOC), specifically WAC 173– 490–200, 173–490–201, 173–490–202, 173–490– 203, 173–490–204, 173–490–205 (except (d)), 173–490–206 and 173–490–207. On January13, 1981 the State of Washington Department of Ecology submitted a further revision to WAC 173–490–203. On June 25, 1981 the State of Washington Department of Ecology submitted VOC source test methods. On November 13,1981 the State of Washington Department of Ecology submitted clarifying information on the regulations for
sources of VOC.

(26) On July 16, 1982 the State of Washington Department of Ecology submitted an attainment plan for the
Vancouver ozone nonattainment area and amendments to the regulations for sources of volatile organic compounds (WAC–490–020, 490–025, 490–9040, 490–080, 490–203, 490–204, 490–205 and 490–208, and rescission of 490–206).

(27) On July 16, 1982 the State of Washington Department of Ecologysubmitted attainment plans for the Seattle-Tacoma ozone nonattainment
area and the Seattle carbon monoxide (CO) nonattainment area, including regulations for motor vehicle emission inspection (WAC 173–422) and the Puget Sound Air Pollution Control Agencyregulation for sources of volatile organic compounds (Regulation II). OnDecember 1, 1982 the State of Washington Department of Ecology submitted procedures by which conformity


### 1072 40 CFR Ch. I (7–1–11 Edition) § 52.2470

of Federal projects with the SeattleTacoma ozone and Seattle CO plans
will be determined.

(28) Amendments to page III–D–2(TABLE 8—DEPARTMENT OF ECOLOGY SOURCE TEST METHODS
WHICH ARE USED FOR COMPLIANCE) of the Washington State Implementation Plan, submitted by the State Department of Ecology on July 23, 1984.

(29) On September 13, 1983 the State of Washington Department of Ecology
submitted a revision to add a leadstrategy to the Washington Implementation Plan.

(30) On June 15, 1984 the Washington Department of Ecology submitted a
demonstration of attainment of thelead standard for the area around a primary copper smelter in Tacoma, Washington.

(31) On June 16, 1983, the State of Washington Department of Ecology submitted to EPA, the Tacoma carbonmonoxide attainment plan as an official SIP revision. This plan builds upon the July 16, 1982, Ozone SIP for the Puget Sound area.

(32) On September 27, 1984 the State of Washington Department of Ecology submitted a revision to the approved
lead SIP which revised the demonstration of attainment for the secondary
lead smelter in Seattle.

(33) On January 16, 1984 the Washington Department of Ecology submitted revisions to the approved SIP
which added the PSAPCA emission offset and banking program to the approved SIP regulations. The revisions consisted of new section 1.07(s), 1.07(rr), 1.07(xx), 6.07(b)(7) and 6.08 of PSAPCA Regulation I.

(34) A revision to the WashingtonState Implementation Plan was submitted by the Director of the Washington Department of Ecology on September 27, 1984. The revision adds a mandatory Vehicle Inspection and Maintenance program to the Spokane
Carbon Monoxide Plan.

(i) Incorporation by reference. (a) Amendments to Chapter 173–422 Washington Administrative Code, Motor Vehicle Emission Inspection, which was published on April 18, 1984.

(ii) Additional material. ( a ) Technical Support Document as prepared by the Washington State Department of Ecology in support of approval dated January 11, 1985.

(35) On February 21, 1985 the State of Washington Department of Ecology submitted revisions to Regulation II, specifically, §§1.02, 2.13, 3.11 and 4.02,and ‘‘Monitoring and Reporting Procedures for VOC Sources’’ as adopted in Puget Sound Air Pollution Control Agency Resolution 568.

(i) Incorporation by reference. (A) Letter dated February 21, 1985 from the Washington Department of Ecology to EPA Region 10.

(B) Resolution 568—Revisions to Regulation II and ‘‘Monitoring and Reporting Procedures for VOC Sources’’ asadopted by the Puget Sound Air Pollution Control Agency on December 13,
1984.

(36) Washington State’s Visibility Protection Program, except Section V. B. New Source Review, Appendix A—Proposed Best Available Retrofit Technology Regulation and Appendix B—Proposed New Source Review Regulations, submitted by the Director of the Washington Department of Ecology on January 5, 1984; certain provisions of173–403 WAC Implementation of Regulations for Air Contaminant Sources, specifically, WAC 173–403–030(2), (9), (11), (24), (25), (31), (42), (46), (51), and (52), submitted by the Director of the Washington Department of Ecology onApril 1, 1985; WAC 173–403–090, submitted by the Director of the Washington Department of Ecology on September 6, 1983; and the State of Washington Department of Natura1 Resources Smoke Management Program,submitted by the Director of the Washington Department of Ecology on April 27, 1979, and January 5, 1984.

(i) Incorporation by reference. (A) Letter dated April 1, 1985, from
the Director of the State of Washington Department of Ecology to EPA.Provisions of WAC 173–403–030 (Definitions) introductory text, (2), (9), (11), (24), (25), (31), (42), (46), (51), and (52), adopted by the State of Washington Department of Ecology on February 14,
1985.

(B) Letter dated September 6, 1983,
from the Director of the State of Washington Department of Ecology to EPA.


### 1073 Environmental Protection Agency § 52.2470

WAC 173–403–090 (‘‘Retrofit Requirements for Visibility Protection’’), adopted by the State of Washington Department of Ecology on August 25,
1983.

(C) Letter dated January 5, 1984, from
the Director of the State of Washington Department of Ecology to EPA.‘‘Washington State’s Visibility Protection Program (10/3/83),’’ except Section V. B. ‘‘New Source Review,’’ Appendix A—‘‘Proposed Best Available Retrofit Technology Regulation’’ and AppendixB—‘‘Proposed New Source Review Regulations’’ adopted by the State of Washington Department of Ecology on January 5, 1984;

(D) Appendix K (‘‘The State of Washington Department of Natural Resources Air Quality-Prescribed Burning Smoke Management Program’’) revised
June 1975.

(37) On April 28, 1983, the State of Washington Department of Ecology
submitted amendments to the State of Washington sulfur dioxide emission limitation. These amendments clarifythe averaging time for the sulfur dioxide emission limitation in WAC 173–400– 040(6).

(i) Incorporation by reference. (A) Letter dated April 28, 1983, from the Director of the Department of Ecology to EPA Region 10 amendingthe State of Washington State Implementation Plan.

(B) Washington Administrative Code[WAC] Chapter 173–400 [General Regulations for Air Pollution Sources], –040[General Standard for Maximum Emissions], (6) [Sulfur Dioxide] introductory sentence adopted into state law by the State of Washington Department of Ecology on March 30, 1983 and became effective on May 11, 1983.

(38) On January 23, 1989 and May 14, 1991 the Director of the Department ofEcology submitted amended regulations as revisions to the Washington state implementation plan. EPA has approved the following as revisions to the implementation plan: WAC 173–400 (except for –040(1) (c) and (d); –040(2); –040(4); the second paragraph of –040(6); the exception provision in –050(3); –070(7); –075; –115; –120; –131; –136; –141; and –180) as in effect on March 22, 1991; the repeal of WAC 173–403 as in effect on March 22, 1991; WAC 173–405 (except for –033; –035; –040(1)(b); –040(1)(c); –040(3)(b); –040(3)(c); –040(4); –040(7); –040(8); –040(9); and –072(2)) as in effect on March 22, 1991; WAC 173–410 (except for –035; the exception provision in –040(3); and –040(5)) as in effect on March 22, 1991; WAC 173–415 (except for –020(1); –020(2); –030(1); –030(3)(b); –040; and –060(1) (a), (b), and (d)) as in effecton March 22, 1991; WAC 173–425 as in effect on October 18, 1990; WAC 173–430 as in effect on October 18, 1990; WAC 173– 433 as in effect on October 18, 1990; WAC 173–434 (except for –110, –120, and –130(2)) as in effect on October 18, 1990; WAC 173–435 (except for –070(1)); as in effect on January 3, 1989; WAC 173–440 as in effect on October 18, 1990; WAC 173–470 (except for –110 and –150) as in effect on January 3, 1989.

(i) Incorporation by reference. (A) January 23, 1989, letter from the Director of the Department of Ecologyto EPA Region 10 submitting amendments to the Washington state implementation plan.

(B) May 14, 1991, letter from the Director of the Department of Ecology to EPA Region 10 submitting amendmentsto the Washington state implementation plan.

(C) Washington Administrative Code, Chapter 173–400 (General Regulations for Air Pollution Sources) (except for –040(1) (c) and (d), –040(2), –040(4), thesecond paragraph of –040(6), the exception provision in –050(3), –070(7), –075, –115, –120, –131, –136, –141, and –180) as ineffect 3/22/91; Washington Administrative Code, Chapter 173–405 (Kraft Pulp Mills) (except for –033; –035; –040(1)(b), (1)(c), (3)(b), (3)(c), and (4); –040 (7), (8), and (9); and –072(2)) as in effect 3/22/91;Washington Administrative Code Chapter 173–410 (Sulfite Pulping Mills) (except for 035; the exception provision in –040(3); and –040(5)) as in effect 3/22/91;Washington Administrative Code Chapter 173–415 (Primary Aluminum Plants) (except for –020 (1) and (2); –030(1); –030(3)(b); –040; and –060(1) (a), (b), and(d)) as in effect 3/22/91; Washington Administrative Code Chapter 173–425 (Open Burning) as in effect 10/18/90;Washington Administrative Code Chapter 173–430 (Burning of Field and Forage and Turf Grasses Grown for Seed)as in effect 10/18/90; Washington Administrative Code Chapter 173–433 (Solid


### 1074 40 CFR Ch. I (7–1–11 Edition) § 52.2470

Fuel Burning Device Standards) as ineffect 10/18/90; Washington Administrative Code Chapter 173–434 (except for –110, –120, and –130(2)) as in effect 10/18/ 90; Washington Administrative Code Chapter 173–435 (Emergency Episode Plan) (except for–070(1)) as in effect 1/3/ 89; Washington Administrative Code Chapter 173–440 (Sensitive Areas) as ineffect 10/18/90; and Washington Administrative Code Chapter 173–470 (Ambient Air Quality Standards for Particulate Matter) (except for –110 and –150)
as in effect 1/3/89.

(39) On May 14, 1991, the Director of the Department of Ecology submitted revisions to the State of WashingtonImplementation plans for volatile organic compound emissions (WAC 173–
490 ‘‘Emission Standards and Controlsfor Sources Emitting Volatile Compounds’’) attainment from stationary
sources in ozone nonattainment areas.

(i) Incorporation by reference.(A) May 14, 1991, letter from Washington Department of Ecology to EPARegion 10 submitting the VOC nonattainment area state implementation plan for Washington.

(B) WAC 173–490 ‘‘Emission Standards and Controls for Sources Emitting Volatile Compounds’’ as adopted on February 19, 1991, and became effective on March 22, 1991.

(40) On November 15, 1991, EPA received the Washington Department of Ecology submission for a PM 10 nonattainment area state implementation plan for Kent, Washington.

(i) Incorporation by reference. (A) November 5, 1990, letter from Washington Department of Ecology to EPA Region 10 submitting the PM 10nonattainment area state implementation plan for Kent, Washington.

(B) The PM 10 nonattainment area state implementation plan for Kent,Washington as adopted by the Washington Department of Ecology on November 3, 1990, and effective on November 3, 1991.

(C) December 27, 1990, letter from Washington Department of Ecology toEPA Region 10 submitting an addendum to the PM 10 nonattainment area state implementation plan for Kent, Washington. (D) PM 10 SIP addendum, dated June 5, 1990, to the PM 10 Kent, Washington state implementation plan.

(E) November 15, 1991, letter from Washington Department of Ecology toEPA Region 10 submitting a supplement to the PM 10 nonattainment area state implementation plan for Kent, Washington.

(F) PM 10 SIP supplement, dated November 1991, to the PM 10 Kent, Washington state implementation plan.

(41) On February 17, 1989, and November 15, 1991, the State of Washington Department of Ecology submitted PM 10nonattainment area state implementation plan revisions for Thurston County, Washington.

(i) Incorporation by reference. (A) February 17, 1989, letter from Washington Department of Ecology to EPA Region 10 submitting the PM 10nonattainment area state implementation plan for Thurston County, Washington.

(B) The PM 10 nonattainment areastate implementation plan for Thurston County, Washington, as adopted by the Washington Department of Ecology on February 8, 1989.

(C) November 15, 1991, letter from Washington Department of Ecology to EPA Region 10 submitting revisions to
the PM 10 nonattainment area state implementation plan for Thurston County, Washington.

(D) Revision to the PM 10 nonattainment area state implementation plan for Thurston County, Washington, asadopted by the Washington Department of Ecology on November 14, 1991.

(42) On January 22, 1993, the State of Washington Department of Ecologysubmitted revisions to the State Implementation Plan for the State of Washington addressing the attainment and
maintenance of the National AmbientAir Quality Standards for carbon monoxide in the King, Pierce, Snohomish, Clark and Spokane Counties.

(i) Incorporation by reference. (A) January 22, 1993, letters from the State of Washington Department of Ecology to EPA Region 10 submitting amendments to the Washington StateImplementation Plan for Carbon Monoxide in the King, Pierce, Snohomish, Clark, and Spokane Counties.


### 1075 Environmental Protection Agency § 52.2470

(B) Supplements to the State Implementation Plan for Washington State— a plan for attaining and maintainingNational Ambient Air Quality Standards (NAAQS) for the Spokane CarbonMonoxide Nonattainment Area, Vancouver Air Quality Maintenance Area, and Puget Sound Carbon MonoxideNonattainment Area, adopted on January 22, 1993.

(C) State Regulations Appendix BPart 2, ‘‘Motor Fuel Specifications for Oxygenated Gasoline, Chapter 173–492 WAC,’’ of the Washington State SIP appendices, adopted October 6, 1992.

(D) State Policies and Guidelines Appendix D, ‘‘Oxygenated Gasoline Program, Implementation Guidelines,Washington State Department of Ecology, September 1992.’’

(43) On September 11, 1992 and October 8, 1993 the Director of the WDOE
submitted revisions to PSAPCA’s rules for the control of air pollution in Pierce, King, Snohomish, and Kitsap Counties, Washington as revisions to the Washington SIP. These revisions superseded and replaced previously submitted rules by PSAPCA.

(i) Incorporation by reference. (A) September 11, 1992 letter from the Director of WDOE to EPA Region 10 submitting revisions to PSAPCA’s rules for the control of air pollution in King, Pierce, Snohomish, and Kitsap Counties, Washington, for inclusion into the Washington SIP.

(B) Regulations I, II, and III as adopted by the Board of Directors, PSAPCA, and submitted through the WDOE to EPA Region 10, as a revision to theSIP, with a WDOE adopted date of September 16, 1992.

(C) October 8, 1993 letter from the Director of WDOE to EPA Region 10 submitting revisions to PSAPCA’s rules for the control of air pollution in King,Pierce, Snohomish, and Kitsap Counties, Washington, for inclusion into the Washington SIP.

(D) Regulations I, II, and III as adopted by the Board of Directors, PSAPCA, and submitted through WDOE to EPA Region 10, as a revision to the SIP, with a WDOE adopted date of October 18, 1993.

(44) On September 22, 1993, the stateof Washington, through the Washington State Department of Ecology, submitted a request to redesignate Tacoma to attainment for sulfur dioxide (SO 2 ).

(i) Incorporation by reference. (A) September 22, 1993 letter fromWashington State Department of Ecology to EPA Region 10 submitting a redesignation request for the Tacoma
SO 2 Air Quality Maintenance Area (AQMA).

(45) On November 16, 1992 the Director of the Washington State Department of Ecology submitted ‘‘State Implementation Plan for the Washington State Business Assistance Program,’’adopted November 13, 1992, as a revision to the Washington SIP.

(i) Incorporation by reference. (A) November 13, 1992 letter from theDirector of the Washington State Department of Ecology submitting ‘‘StateImplementation Plan for the Washington State Business Assistance Program’’ to EPA.

(B) State Implementation Plan for the Washington State Business Assistance Program, including Appendix B, Revised Code of Washington (RCW) 70.94.035;Appendix D, Washington Administrative Code 173–400–180; Appendix E, RCW70.94.181; and Appendix F, Business Assistance Program Guidelines (and exluding Appendices A, C, and G),dated November 1992, and adopted November 13, 1992.

(46) On January 28, 1993 the State of Washington submitted a SIP revision for the purpose of implementing anemission statement program for stationary sources within the Vancouver Air Quality Maintenance Area and theCentral Puget Sound Ozone Nonattainment Area. The implementation plan was submitted by the State to satisfythe Federal requirements for an emission statement program as part of the SIP for Washington State.

(i) Incorporation by reference. (A) Letters dated January 22, 1993 from the Director of the Washington Department of Ecology to EPA Region 10 amending the Washington SIP for both the Vancouver and Central Puget
Sound areas.

(B) ‘‘Supplement to the SIP forWashington State, A Plan for Attaining and Maintaining National Ambient Air Quality Standards for Ozone in


### 1076 40 CFR Ch. I (7–1–11 Edition) § 52.2470

Central Puget Sound,’’ sections 6.0, 6.1, and 6.2, adopted January 22, 1993.

(C) ‘‘Supplement to the SIP for Washington State, A Plan for Attaining and Maintaining National Ambient Air Quality Standards for Ozone in the Vancouver Air Quality Maintenance Area,’’ sections 7.0, 7.1, 7.2, and 7.3, adopted January 22, 1993.

(47) On November 5, 1990, December 27, 1990, November 15, 1991 and May 11,
1994 the Director of WDOE submitted to EPA SIP revisions for the purpose ofbringing about attainment of the National ambient air quality standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM–10). The implementation plan wassubmitted by the State to satisfy certain Federal Clean Air Act requirements for an approvable moderate nonattainment area PM–10 SIP for Seattle, Washington.

(i) Incorporation by reference. (A) Letters dated November 5, 1990, December 27, 1990, November 13, 1991 and May 2, 1994, from WDOE to EPA submitting the revisions to the SIP for the State of Washington.

(B) Revisions to the Washington SIPfor the purpose of bringing about attainment of the National ambient airquality standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM–10):

( 1 ) A Plan for Attaining and Maintaining the National Ambient AirQuality Standard for PM–10 in the Seattle Duwamish Valley, September 1989, adopted November 3, 1990;

( 2 ) Resolution No. 639 (amendments
to the PM–10 attainment and maintenance strategy), adopted December 8, 1988;

( 3 ) State Implementation Plan for
Particulate Matter in the Seattle Duwamish Valley, Supplement, dated November 199l, adopted November 14, 1991; and

( 4 ) State Implementation Plan for
Particulate Matter in the Seattle Duwamish Valley, Supplement, dated January 1, 1994, adopted May 4, 1994.

(48) On November 15, 1991, the Director of WDOE submitted to EPA a PM–
10 nonattainment area SIP revision forthe purpose of bringing about attainment of the National ambient air quality standards (NAAQS) for particulate matter with an aerodynamic diameterless than or equal to a nominal 10 micrometers (PM–10). The implementation plan was submitted by the State to satisfy certain Federal Clean Air Act requirements for an approvable
moderate nonattainment area PM–10 SIP for Tacoma, Washington.

(i) Incorporation by reference. (A) Letters dated November 13, 1991 and June 30, 1994 from WDOE to EPA submitting revisions to the State of Washington SIP.

(B) State Implementation Plan for Particulate Matter in the Tacoma Tideflats, Pierce County, including appendices AF, dated November 1991, and adopted November 14, 1991.

(49) On November 10, 1993, the State of Washington Department of Ecology submitted a CO State Implementation Plan for Clark County, Washington.

(i) Incorporation by reference. (A) November 10, 1993 letter from the State of Washington Department of Ecology to EPA Region 10 submitting the CO State Implementation Plan for Clark County, Washington.

(B) Supplement to a Plan for Attaining and Maintaining National AmbientAir Quality Standards for Carbon Monoxide in the Vancouver Air Quality Maintenance Area, Replacement Pages, as adopted by the Washington State Department of Ecology on November 15, 1993.

(50) By a letter dated December 29, 1993, the Director of WDOE submitted to the Regional Administrator of EPAa revision to the Washington SIP updating the regulations from the Northwest Air Pollution Authority.

(i) Incorporation by reference. (A) The December 29, 1993 letter from the Director of the Washington State Department of Ecology submitting the Northwest Air Pollution AuthorityRegulations as a revision to the Washington SIP.

(B) Regulations of the Northwest Air Pollution Authority—sections 100, 101, 102, 103, 104.1, 105, 106, 110, 111, 112, 113, 114, 120, 121, 122, 123, 124, 130, 131, 132, 133, 134, 135, 140, 145, 150, 180, 200, 300, 301, 302, 303, 310, 320, 321, 322, 323, 324, 325, 340, 341, 342, 360, 365, 366, 400, 401, 410, 420, 421, 424, 450, 451, 452 (except for


### 1077 Environmental Protection Agency § 52.2470

452.5.), 455, 458, 460, 462, 466, 510, 520, 550, 560, and 580, effective on September 8,
1993.

(51) On April 11, 1994 the WashingtonDepartment of Ecology (WDOE) submitted the Southwest Air PollutionControl Authority (SWAPCA) 400 General Regulations for Air Pollution
Sources as a revision to the Washington State Implementation Plan (SIP).

(i) Incorporation by reference.(A) April 11, 1994 letter from the Director of WDOE to EPA Region 10 submitting the Southwest Air PollutionControl Authority SWAPCA 400 Regulation, General Regulations for Air
Pollution Sources.

(B) Regulations of the Southwest Air Pollution Control Authority—Sections 010; 020; 030 except the second sentences of (14) and (43); 040 except (1)(c) and (1)(d) (2) (4) and the exception provisionof (6)(a); 050 except the exception provision of (3); 052; 060; 070 except (7); 081; 090; 100 except the first sentence of (3)(a)(iv) and (5); 101; 105; 107; 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210; 220; 230; 240; 250; and 260, effective on November 8, 1993.

(52) On December 6, 1994, the Director
of WDOE submitted to EPA a contingency measure SIP revision for thePuget Sound Carbon Monoxide Nonattainment Area to satisfy certain applicable requirements of the Act.

(i) Incorporation by reference. (A) Letter dated November 30, 1994 from WDOE to EPA submitting the CO revision for the Puget Sound area and, ‘‘A Plan for Attaining and MaintainingNational Ambient Air Quality Standards for the Puget Sound Carbon Monoxide Nonattainment Area,’’ replacement pages 10–1 through 10–3, dated November 16, 1994, adopted November 29, 1994, and Attachment B of AddendumE, ‘‘Contingency Measure Plan Element for the Central Puget Sound Region Carbon Monoxide State Implementation Plan—Final Plan,’’ pages 1–15, dated May 26, 1994, and adopted November 29, 1994.

(53) Various minor revisions consisting of amended regulations affecting a local air agency, the Puget SoundAir Pollution Control Agency, and a recodified Table of Contents for the SIP were submitted to EPA from WDOE for inclusion into the Washington SIP.

(i) Incorporation by reference. (A) Letters dated April 28, May 25, and December 5, 1994 from the Director of the Washington State Department ofEcology to the EPA Regional Administrator submitting minor revisions to PSAPCA’s regulations for inclusioninto the SIP: Puget Sound Air Pollution Control Agency, Regulations I, II, and III, adopted on May 4, 1994; Puget Sound Air Pollution Control Agency, Regulations I, II, and III, adopted onMay 25, 1994; and Puget Sound Air Pollution Control Agency, Regulations I, II, and III, adopted on December 8, 1994.

(B) Letter dated January 26, 1995 from the Director of the Washington State Department of Ecology to theEPA Regional Administrator submitting the Recodified SIP Table of Contents, dated January 1995, and adopted on February 1, 1995.

(54) On March 8, 1994, the Director ofWDOE submitted to the Regional Administrator of EPA numerous revisionsto the State of Washington Implementation Plan which included updatednew source review regulations and provisions for voluntary limits on asource’s potential to emit. The revisions were submitted in accordance with the requirements of section 110and Part D of the Clean Air Act (hereinafter the Act).

(i) Incorporation by reference.(A) March 8, 1994 and May 8, 1995 letters from WDOE to EPA submitting requests for revisions to the Washington SIP consisting of an amended state regulation; Chapter 173–400 WashingtonAdministrative Code General Regulations for Air Pollution Sources, adopted on August 20, 1993, in its entiretywith the exception of the following sections: –040(1)(c) and (d); –040(2); –040(4);the second paragraph of –040(6); the exception provision in –050(3); –070(7); –075; –112(8); –113(5); –114; –115; –120; –131; –136; –141; and –180.

(55) On January 22, 1993 the Director of the Washington State Department ofEcology (WDOE) submitted the amendment to the Washington SIP for Carbon Monoxide (CO) in the King, Pierce,
and Snohomish Counties’ Urbanized
Areas.

(i) Incorporation by reference.


### 1078 40 CFR Ch. I (7–1–11 Edition) § 52.2470

(A) The January 22, 1993 letter from the Director of the WDOE submitting the Amendment to the Washington SIP for Carbon Monoxide in the King,Pierce, and Snohomish Counties’ Urbanized Areas to EPA, ‘‘Supplement to the SIP for Washington State, Puget
Sound Carbon Monoxide Nonattainment Area, January 1993,’’ Section 6.0 Vehicle Miles Traveled Forecasting and Tracking, adopted on January 22,
1993.

(ii) Additional material. (A) VMT supplements to include the VMT Tracking Report data required for the Puget Sound CO NonattainmentAreas, dated October 13, 1994 and September 19, 1994.

(56) On February 14, 1995, the Director for the Washington State Department of Ecology (WDOE) submitted amendedregulations for the Northwest Air Pollution Authority (NWAPA) as a revision to the Washington State Implementation Plan (SIP).

(i) Incorporation by reference. (A) The February 7, 1995 letter from the Director of WDOE submitting the amended NWAPA regulations to the Environmental Protection Agency (EPA); the Northwest Air PollutionAuthority Regulations (approving sections 104.1, 132, 133, 200, 300, 301, 302, 322, 324 (except for 324.121), 340, 451, 462, 580) adopted on February 10, 1995.

(57) On May 2, 1995, WDOE submitted to EPA revisions to the WashingtonSIP addressing the conditional approval of the State Implementation Plan (SIP) for particulate matter (PM10) in the Tacoma TIdeflats PM10
Nonattainment Area.

(i) Incorporation by reference. (A) May 2, 1995 letter from WDOE toEPA Region submitting the SIP revision for Particulate Matter in the Tacoma Tideflats, A Plan for Attaining and Maintaining the National AmbientAir Quality Standard for PM10, Supplement May 1995, adopted on May 4, 1995.

(58) On February 21, 1995 and May 11,1994, WDOE submitted to EPA revisions to the Washington SIP addressingthe contingency measures for the Seattle and Kent PM–10 nonattainment plans.

(i) Incorporation by reference. (A) February 21, 1995 letter from the Washington Department of Ecology to EPA Region 10 submitting PSAPCA Section 13.07—Contingency Plan, adopted December 8, 1994, as a revision to the Seattle PM–10 attainment plan and the Washington SIP.

(B) May 11, 1994 letter from WDOE to EPA Region 10 submitting clarifying documentation to the contingencymeasure for Kent Valley PM–10 attainment plan.

(59) Various minor revisions consisting of amended regulations affecting a local air agency, PSAPCA, were
submitted to EPA from the WDOE for inclusion into the Washington SIP.

(i) Incorporation by reference.(A) Letters dated May 17, and September 7, 1995 from the Director of theWDOE to the EPA Regional Administrator submitting minor revisions to PSAPCA’s regulations for inclusion into the SIP: PSAPCA, Regulation Iadopted on May 22, 1995; PSAPCA, Regulation III adopted on September 11,
1995.

(60) On November 29, 1995 the Director of WDOE submitted to the RegionalAdministrator of EPA the Energy Facility Site Evaluation Council Regulations (EFSEC) as a revision to the Washington State Implementation Plan (SIP).

(i) Incorporation by reference. (A) The November 29, 1995 letter from WDOE to EPA submitting requests forrevisions to the Washington SIP to include the Energy Facility Site Evaluation Council Regulations; EFSEC Regulation Chapter 463–39 Washington Administrative Code General and Operating Permit Regulations for Air Pollution Sources, (excluding the following sections: 005 (2) through (4); –070; –090; –105; –115; –140; those portions of –005(1), –020, –030, –095, –100, and –120 containing any reference to regulations or provisions of regulations in Chapters 173–400, 173–401, 173–406, 173–460, or 463– 58a) adopted on November 16, 1995.

(61) SIP revisions received fromWDOE on August 21, 1995, requiring vehicle owners to comply with its I/M program in the two Washington ozone
nonattainment areas classified as ‘‘marginal’’ and in the three carbon
monoxide nonattainment areas classified as ‘‘moderate’’. This revision applies to the Washington counties of


### 1079 Environmental Protection Agency § 52.2470

Clark, King, Pierce, Snohomish, and Spokane.

(i) Incorporation by reference. (A) July 26, 1995 letter from Directorof WDOE to the Regional Administrator of EPA submitting revisions to WDOE’s SIP consisting of the July 1995 Washington State Implementation Plan for the Motor Vehicle Inspection and Maintenance Program (including Appendices A through F), adopted August 1, 1995, and a supplement letter and ‘‘Tools and Resources’’ table dated May 10, 1996.

(62) On September 30, 1994, the Director of WDOE submitted to the Regional
Administrator of EPA a revision to theCarbon Monoxide State Implementation Plan for, among other things, the
CO attainment demonstration for the Central Puget Sound carbon monoxide
nonattainment area. This was submitted to satisfy federal requirements under section 187(a)(7) of the Clean Air Act, as amended in 1990, as a revisionto the carbon monoxide State Implementation Plan.

(i) Incorporation by reference. (A) September 30, 1994, letter fromWDOE to EPA submitting an attainment demonstration revision for theCentral Puget Sound CO nonattainment area (adopted on September 30,1994); a supplement letter and document from WDOE, ‘‘Reexamination of
Carbon Monoxide Attainment Demonstration for the Tacoma CarbonMonoxide Monitoring Site for the Supplement to the State Implementation Plan for Washington State, A Plan for Attaining and Maintaining National Ambient Air Quality Standards for Carbon Monoxide in the Puget Sound Nonattainment Area,’’ dated May 10,1996; and a supplement letter and document from WDOE, ‘‘Revisions to the May 1996 Reexamination of Carbon
Monoxide Attainment Demonstration
for the Tacoma Carbon Monoxide Monitoring Site’’, dated September 12, 1996.

(63) On September 30, 1994, the Director of WDOE submitted to the Regional
Administrator of EPA a revision to thecarbon monoxide State Implementation Plan for, among other things, the
1990 and 1995 Emission Inventories forArea, Nonhighway Mobile, and OnRoad Mobile Sources.

(i) Incorporation by reference. (A) September 30, 1994, letter fromWDOE to EPA submitting emission inventories for the Puget Sound CO nonattainment area (adopted on September 30, 1994); NonHighway Mobile Sources Emission Inventory for Carbon
Monoxide and Precursors of Ozone for King, Pierce and Snohomish Counties Base Year 1990, dated December 1993;Stationary Area Sources Emission Inventory for Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish Counties Base Year 1990, dated December 1993; Stationary Area Sources Emission Inventory for Carbon
Monoxide and Precursors of Ozone for King, Pierce and Snohomish Counties Projection Year 1995, dated September 1994; Supplement to the SIP, ‘‘Puget
Sound Carbon Monoxide Nonattainment Area,’’ Replacement Pages, dated September 1994; Non-Road Mobile Sources Emission Inventory for Carbon
Monoxide and Precursors of Ozone for King, Pierce and Snohomish Counties, Base Year 1990, dated September 1994;Non-Highway Mobile Sources Projections for 1995 Emission Inventory for
Carbon Monoxide and Precursors of Ozone for King, Pierce and SnohomishCounties, dated September 1994; Seattle-Tacoma Urban Carbon Monoxide
Nonattainment Area 1990 Base Year On
Road Mobile Source Emissions Inventory, dated August 1994; and SeattleTacoma Urban Carbon Monoxide Nonattainment Area 1995 Projected Year
On Road Mobile Source Emissions Inventory, dated August 1994.

(64) Minor revisions consisting of amended regulations affecting WDOE and a local air agency, PSAPCA, were
submitted to EPA from WDOE for inclusion into the Washington SIP.

(i) Incorporation by reference. (A) Letters dated January 26, 1995and December 27, 1995 from the Director of the WDOE to the EPA Regional
Administrator which included deletionof two regulations from the Washington SIP (Chapter 173–402 WAC Civil Sanctions under Washington Clean Air Act, and Chapter 173–440 WAC Sensitive Areas), adopted on February 1, 1995, and the following revisions to PSAPCA’s regulations for inclusion into the SIP: Regulation I, Section 3.11


### 1080 40 CFR Ch. I (7–1–11 Edition) § 52.2470

Civil Penalties, Section 5.07 Registration Fees, and Section 5.11 Registration of Oxygenated Gasoline Blenders; and Regulation III, Section 1.01 Policy, all adopted on September 14, 1995.

(65) Several minor revisions consisting of amended regulations affecting a local air agency, the Puget Sound Air Pollution Control Agency, were
submitted to EPA from the Washington State Department of Ecology for inclusion into the Washington State Implementation Plan.

(i) Incorporation by reference. (A) Letter dated May 24, 1996 from the Director of the Washington StateDepartment of Ecology to the EPA Regional Administrator submitting revisions to the Puget Sound Air PollutionControl Agency regulations for inclusion into the State ImplementationPlan: Puget Sound Air Pollution Control Agency, Regulation I, Article 8, Outdoor Fires, sections 8.02, OutdoorFires-Prohibited Types, and 8.05, Agricultural Burning, effective 3/14/96; Puget Sound Air Pollution Control Agency, Regulation III, Article 3, Source-Specific Emission Standards, section 3.03, Perchloroethylene Dry Cleaners, effective 12/14/95.

(66) On March 4, 1996 the Director ofWDOE submitted to the Regional Administrator of EPA a revision to the Ozone State Implementation Plan for the Puget Sound area requesting the Puget Sound Nonattainment Area be
reclassified to attainment and containing a maintenance plan that demonstrates continued attainment of theNAAQS for ozone. The emission inventory projections are included in the maintenance plan.

(i) Incorporation by reference. (A) Letter submitted on March 4, 1996from the Washington State Department of Ecology requesting the redesignation and submitting the maintenance plan; Central Puget Sound Region Redesignation Request and Maintenance Plan for the National Ambient Ozone Standard adopted on Febuary 6,
1996.

(ii) Additional material. (A) Appendices to the Central Puget Sound Region Redesignation Request
and Maintenance Plan for the National Ambient Ozone Standard, November 1995: Appendix A, Technical Analysis Protocol; Appendix B, Ozone Air Quality Monitoring Site Network; Appendix C, Ambient Ozone Monitoring Data; Appendix D, Historical and ProjectedPuget Sound Region VMT and Employment; Appendix E, 1993–2010 Emission Inventory Projection; Appendix F, Transportation Conformity Process; Appendix G, Outline of Puget Sound Tropospheric Ozone Research Plan; andAppendix H, Prospective Vehicle Inspection and Maintenance (Vehicle I/M) Program Evaluation Outline.

(67) On February 29, 1996 the Director of WDOE submitted to the Regional
Administrator of EPA a revision to theCarbon Monoxide State Implementation Plan for the Central Puget Sound area containing a maintenance plan
that demonstrated continued attainment of the NAAQS for carbon monoxide through the year 2010 and alsocontaining an oxygenated fuels program as a contingency measure to be implemented if the area violates the CO NAAQS.

(i) Incorporation by reference. (A) The February 29, 1996 letter fromWDOE to EPA requesting the redesignation of the Puget Sound carbon monoxide nonattainment area to attainment and submitting the maintenance plan; the Central Puget Sound RegionRedesignation Request and Maintenance Plan for the National Ambient
Carbon Monoxide Standard dated January 1996.

(ii) Additional material. (A) Letter dated May 2, 1996, to EPA from the Puget Sound Air PollutionControl Agency, subject ‘‘Carbon Monoxide SIP Applicability on Indian Lands;’’ and Appendices to the Puget Sound Region Redesignation Request
and Maintenance Plan for the National
Ambient Carbon Monoxide Standarddated January 1996: Appendix A, Technical Analysis Protocol; Appendix B, Carbon Monoxide Air Quality DataMonitoring Network; Appendix C, Ambient Carbon Monoxide MonitoringData; Appendix D, Historical and Projected Puget Sound Region VMT andEmployment; Appendix E, Emission Inventory Projection; Appendix F, Analysis of the Probability of Continued COAttainment in Puget Sound; and Appendix G, Transportation Conformity
Process.


### 1081 Environmental Protection Agency § 52.2470

(68) On March 19, 1996, the Director ofWashington State Department of Ecology (Washington) submitted to the Regional Administrator of EPA a revisionto the Carbon Monoxide State Implementation Plan for the Vancouver area containing a maintenance plan that
demonstrated continued attainment of the NAAQS for carbon monoxidethrough the year 2006 and also containing an oxygenated fuels program asa contingency measure to be implemented if the area violates the CO NAAQS.

(i) Incorporation by reference. (A) Letter dated March 19, 1996 fromWashington to EPA requesting the redesignation of the Vancouver carbon
monoxide nonattainment area to attainment and submitting the maintenance plan; the ‘‘Supplement to the State Implementation Plan for CarbonMonoxide (CO) in Vancouver, WA—Redesignation Request for Vancouver,WA as Attainment for CO,’’ dated December 19, 1995, and adopted on February 29, 1996.

(B) Letters dated January 22, 1993 and April 22, 1994 from Washington to EPA submitting a revision and replacement pages to the State Implementation Plan; enclosure dated November 1992
entitled ‘‘Portland-Vancouver CarbonMonoxide Non-attainment Area (Washington State Portion), 1990 Base Year Emissions Inventory,’’ together with the emission inventory replacementpages for carbon monoxide in Vancouver, dated December 1993.

(ii) Additional material. (A) Appendices to the VancouverArea Redesignation Request and Maintenance Plan for the National Ambient
Carbon Monoxide Standard dated December 1995: Appendix A, Technical Analysis Protocol; Appendix B, Carbon Monoxide Air Quality Data MonitoringNetwork; Appendix C, Carbon Monoxide Saturation Study; Appendix D,Carbon Monoxide Air Quality Monitoring Data; Appendix E, Emission Inventory; Appendix F, Conformity Process; Appendix G, Historical and Projected Population, Employment andHouseholds; Appendix H, Portland/Vancouver Carbon Monoxide Nonattainment Area Separation Documentation; Appendix I, Washington Department of Ecology Vancouver Carbon Monoxide Study; and Appendix J, Maintenance Planning Process.

(69) EPA received from the Washington Department of Ecology PM 10 nonattainment area plans for Wallula and Spokane, Washington, as revisionsto the Washington state implementation plan.

(i) Incorporation by reference. (A) November 13, 1991 letter from Washington Department of Ecology (WDOE) to EPA Region 10 submitting
the State Implementation Plan for Particulate Matter in the Wallula Study Area, A Plan for Attaining and Maintaining the National Ambient Air Quality Standard for PM 10 (including Appendices ‘‘D’’ (Exceptional Events Analysis), ‘‘E’’ (Reasonably Available Control Measure Analysis), ‘‘F’’ (Reasonably Available Control Technical Analysis of Boise Cascade, Wallula), and ‘‘H’’ (Discussion
of Modified Attainment Demonstration)), adopted November 14, 1991; May 18, 1993 letter from WDOE forwarding a report titled, ‘‘Addendum to the State Implementation Plan for the WallulaPM–10 Nonattainment Area, Reasonably Available Control Measure Analysis’’, further describing the control measures being implemented in the area; June 23, 1994 letter from WDOEproviding additional information describing the status of the control measures and forwarding an analysis of windblown dust in the area; April 28 and May 18, 1995, letters from WDOE toEPA Region 10, providing additional information on the allowable and fugitive emissions for point sources and air quality dispersion modeling; June 1,1995, letter from WDOE providing information on allowable emissions; and a September 6, 1995, letter from WDOEforwarding a revised emission inventory for point sources within the
Wallula nonattainment area.

(B) December 9, 1994, letter from WDOE submitting the Spokane PM 10Attainment Plan (including Appendices ‘‘C’’ (Analysis of PM 10 Data/ Exceedances of the 24-Hour Standard), ‘‘E’’ (Detailed Analysis of Dust Storms/ Analysis of the Impact of Biogenic
PM 10 Sources), ‘‘F’’ (Analysis of PM 10 Data/Exceedances of the 24–Hour Standard, Excluding Dust Storms), ‘‘I’’


### 1082 40 CFR Ch. I (7–1–11 Edition) § 52.2470

(Reasonable Available Control Measures Analysis), ‘‘J,’’ (Additional Controls/Contingency Measures), ‘‘K,’’ (Dispersion Modelling and AttainmentDemonstration), and ‘‘L,’’ (Demonstration of Attainment of the Annual Standard)), dated December 1994, and adopted December 12, 1994;

(C) Spokane County Air Pollution Control Authority (SCAPCA) Order No. 91–01 providing for an alternate opacity
limit for the Kaiser Aluminum andChemical Corporation, Trentwood aluminum facility; SCAPCA Orders 96–03, 96–04, 96–05 and 96–06 (all dated April 24, 1996) lowering the potential to emit for
the Kaiser Aluminum—Trentwood facility; and

(D) SCAPCA regulations: Article VI, section 6.05, ‘‘Particulate Matter and Preventing Particulate Matter from Becoming Airborne,’’ section 6.14,
‘‘Standards for Control of ParticulateMatter on Paved Surfaces,’’ and section 6.15, ‘‘Standards for Control of Particulate Matter on Unpaved Roads;’’ (effective November 12, 1993); and Article VIII, ‘‘Solid Fuel Burning Device Standards,’’ (adopted April 7, 1988).

(ii) Additional material.(A) SCAPCA’s zoning ordinance provisions requiring the paving of new parking lots (4.17.059 and 4.802.080 of the Zoning Code of Spokane County, dated 5/24/90).

(70) On January 24, 1996 the Director of WDOE submitted to the Regional Administrator of EPA regulations ofthe SWAPCA for the control of air pollution in Clark, Cowlitz, Lewis, Skamania and Wahkiakum Counties, Washington (SWAPCA 400—General Regulation for Air Pollution Sources).

(i) Incorporation by reference. (A) The January 24, 1996, letter from WDOE to EPA submitting requests forrevisions to the Washington SIP to include regulations of the SWAPCA for the control air of pollution in Clark, Cowlitz, Lewis, Skamania and Wahkiakum Counties, Washington, as revisions to the Washington SIP, State-effective September 21, 1995. EPA is approving the following sections of SWAPCA 400—General Regulation forAir Pollution Sources: 010; 020; 030 except the second sentence of (14), (45) and (80); 040 except (1)(c), (1)(d), (2), (4) and (6)(a); 050 except the exception provision of (3); 052; 060; 070 except (5); 074; 081; 091; 100 except the first sentence of (3)(a)(iv) and (4); 101; 105; 107; 109 except for (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i), 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210; 220; 230; 240; 250; 260; 270; and
280.

(71) On March 6, 1996, the Director of the Washington State Department ofEcology (Ecology) submitted to the Regional Administrator of EPA a revisionto the Puget Sound Air Pollution Control Agency Regulations, Regulations I, II, and III.

(i) Incorporation by reference. (A) Letter dated August 6, 1996 fromthe Department of Ecology to EPA revising the Puget Sound Air PollutionControl Agency Regulations; Regulation II Section 3.11 (Coatings and Ink Manufacturing), effective on May 16, 1996; and Regulation III Section 3.01(Hard and Decorative Chromium Electroplating and Chromium Anodizing), effective on July 18, 1996.

(72) On November 26, December 3, and December 11, 1996, the Director of theWashington State Department of Ecology (Washington) submitted to the Regional Administrator of EPA revisionsto the State Implementation Plan consisting of amendments to Washingtonregulations which remove the requirement for oxygenated gasoline in the Vancouver and Central Puget Sound

areas.

(i) Incorporation by reference.(A) Chapter 173–492, Washington Administrative Code (WAC), Motor FuelSpecifications for Oxygenated Gasoline, adopted December 5, 1996; Southwest Air Pollution Control Authority(SWAPCA) 492, Oxygenated Fuels, effective November 21, 1996; and Puget Sound Air Pollution Control Agency, Regulation II, Section 2.09, Oxygenated Gasoline Contingency Measure and Fee Schedule, revised July 11, 1996.

(73) The Washington Department ofEcology (WDOE) and the Oregon Department of Environmental Quality (ODEQ) submitted Maintenance Plans
that demonstrate continued attainment of the NAAQS for O 3 and requested redesignation of the Pdx/Van
interstate nonattainment area from
nonattainment to attainment for O 3
.


### 1083 Environmental Protection Agency § 52.2470

The SIP revision requests were submitted by the WDOE on June 13, 1996, and by ODEQ on August 30, 1996. A
number of other O 3 supporting revisions are included in this submittal they are: the 1990 O 3 Emission Inventories; changes to the NSR programs; regulations implementing the hybridlow enhanced I/M programs; an expanded vehicle inspection boundary; minor RACT rule changes (Vancouver only); Employee Commute Options rule (Portland only); Voluntary ParkingRatio rule (Portland only); PSEL management rules (Portland only); and local area source supporting rules.

(i) Incorporation by reference. (A) Vancouver, Washington Ozone Maintenance Plan and Redesignation Request—state adopted June, 17, 1996.

(B) Washington Inspection and Maintenance SIP revision WAC 173 422–030,–050, –060, –070, –170, –190—State adopted November 9, 1996.

(C) NSR: SWAPCA 400–030 (except for the second sentence of subsections (14) and (49), and subsection (84)), 101, 109 (except subsections (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i)), 110, 111, 112, 113, 114, 116, and 190, effective November 21,
1996.

(D) Supporting Rules. ( 1 ) SWAPCA 491–010, –015, –020, –030,–040, –050, –060,—State-effective on November 1, 1996.

( 2 ) SWAPCA 490–010, –020, –025, –030, –040, –080, –090, –200, –201, –202, –203, –204,–205, –207, –208—State effective November 21, 1996.

( 3 ) SWAPCA 493–100, 493–200–010, –020, –030, –040, –050, –060, 493–300–010, –020, –030, –040, –050, –060, 493–400–010, –020, –030, –040, –050, –060, –070, 493–500–010, –020, –030, –040,—State effective May 26,
1996.

E DITORIAL N OTE : At 62 FR 42217, Aug. 6, 1997, the following paragraph (c)(73) was added to §52.2470; however, paragraph (c)(73) already exists in the 1997 edition.

(73) On November 26, 1996 and April 7, 1997, the Director of the WashingtonState Department of Ecology (Washington) submitted to the Regional Administration of EPA revisions to the State Implementation Plan consisting of minor amendments to Puget Sound Air Pollution Control Agency (PSAPCA) Regulations I and III.

(i) Incorporation by reference. (A) PSAPC Regulations approved— Regulation I, Sections 3.11, 3.23, 5.02, 5.05, 5.07, 6.03, 7.09—State-adopted 9/12/96. Regulation III, Section 4.03—Stateadopted 9/12/96. Regulation I, Sections 5.03 and 6.04—State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01, and 2.05—State-adopted 12/12/96.

(74) On November 26, 1996 and April 7, 1997, the Director of the WashingtonState Department of Ecology (Washington) submitted to the Regional Administration of EPA revisions to the State Implementation Plan consisting of minor amendments to Puget Sound Air Pollution Control Agency (PSAPCA) Regulations I and III.

(i) Incorporation by reference. (A) PSAPCA Regulations approved— Regulation I, Sections 3.11, 3.23, 5.02, 5.05, 5.07, 6.03, 7.09—State-adopted 9/12/96. Regulation III, Section 4.03—Stateadopted 9/12/96. Regulation I, Sections 5.03 and 6.04—State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01 and 2.05—State-adopted 12/12/96.

(75) On January 22, 1993, September 14, 1993, and April 30, 1996, the Directorof the Washington Department of Ecology submitted to the Regional Administrator of EPA four revisions to the SIP consisting of amendments to the Spokane CO SIP.

(i) Incorporation by reference. (A) Letter dated January 22, 1993, from Washington to EPA requesting approval of revisions to the Spokane CO portion of the Washington StateImplementation Plan; the ‘‘Supplement to the State Implementation Plan for Washington State, Spokane
Carbon Monoxide Nonattainment Area,’’ dated January 1993, Sections 6.0, 6.1, 6.3, and 6.4.

(B) Letter dated September 14, 1993, from Washington to EPA providing supplementary information to thatsubmitted on January 22, 1993; ‘‘Spokane County Carbon Monoxide Non-attainment Area 1990 Base Year Emissions Inventory,’’ dated November 1992.

(C) Two letters dated April 30, 1996, from Washington to EPA submitting two revisions to the SIP; ‘‘Supplementto A Plan for Attaining and Maintaining National Ambient Air Quality Standards for the Spokane Carbon Monoxide Nonattainment Area,’’ dated March 1995; and ‘‘Supplement to the


### 1084 40 CFR Ch. I (7–1–11 Edition) § 52.2470

State Implementation Plan for Washington State, Spokane County CarbonMonoxide Nonattainment Area, Supplement 1 of 2,’’ replacement pages for
Sections 2.5 and 6.2 of Section 4.5.2.CO.1 of the State Implementation Plan, dated January 1996; ‘‘Supplement to the State Implementation Plan for Washington State, Spokane County Carbon Monoxide Nonattainment Area, Supplement 2 of 2,’’ new Section 10.0, Contingency Measures, of Section 4.5.2.CO.1 of the State Implementation Plan, dated January 1996; and SpokaneCounty Air Pollution Control Authority Motor Fuel Specifications forOxygenated Gasoline, Regulation I, Article VI, Section 6.16, adopted July 6,
1995.

(ii) Additional material.(A) Letter of September 29, 1995, submitting CO Periodic Emission Inventory Reports; ‘‘Spokane County Carbon Monoxide Nonattainment Area, 1993 Periodic Update Emissions Inventory,’’ dated September 1995.

(76) On March 24, 1989, the Washington Department of Ecology submitted a plan for attaining and maintaining the NAAQS for PM10 in the
Yakima PM10 moderate nonattainmentarea requesting EPA’s review and approval. The plan was amended with additional submittals between 1992 and
1995.

(i) Incorporation by reference. (A) The attainment plan is containedin the following documents: a submittal of March 24, 1989, adopted thatsame date, from Washington State Department of Ecology, titled, State Implementation Plan for Particulate Matter—Yakima Area A Plan for Attaining and Maintaining the National Ambient Air Quality Standard for PM10 ; a supplement to the plan adopted August 19, 1992, titled, Supplement State Implementation Plan for Particulate Matter (PM10) in Yakima, WA and an addendum adopted February 3, 1994 on contingency

measures.

(B) Portions of Restated Regulation Iof the Yakima County Clean Air Authority, effective December 15, 1995, including Article I; Article II except Section 2.01; Article III; Article IV; ArticleV except Section 5.09; Article VIII; Article IX; Article XI; Article XII except Section 12.02; and, Article XIII except
Sections 13.04 and 13.05.

(ii) Additional material: (A) August 19, 1992: A modeling and inventory supplement to the original plan.

(B) March 10, 1995: A supplemental information package primarily on emissions and modeling.

(C) June 27, 1995: A supplemental letter on monitoring, public notice and
emissions.

(D) August 17, 1995: A supplemental emissions analysis.

(E) November 3, 1995: More emissionsanalysis and the maintenance demonstration.

(77) On December 30, 1997, the Director of the Washington State Department of Ecology submitted to the Regional Administration of EPA revisionsto the State Implementation Plan consisting of minor amendments to Puget Sound Air Pollution Control Agency (PSAPCA) Regulation I.

(i) Incorporation by reference. (A) PSAPCA Regulations approved— Regulation I, Sections 3.11, 5.05, 5.07, 6.04, 6.10—State-adopted 9/11/97.

(78) EPA approves a minor revision tothe SIP dated January 8, 1998 to include a variance to a permit issued to the U.S. Army for the operation ofthree heat recovery incinerators located at Fort Lewis by local air pollution control agency, the Puget Sound Air Pollution Control Agency.

(i) Incorporation by reference.(A) Puget Sound Air Pollution Control Agency, Notice of Construction No. 7216, Date: Nov 25, 1997.

(79) February 22, 1999, letter fromWDOE submitting a revision and replacement pages to the State Implementation Plan for the Spokane PM–10 Attainment Plan that will preserve the applicability of Section 6.14 Standards
for Control of Particulate Matter onPaved Surfaces, and Section 6.15 Standards for Control of Particulate Matter on Unpaved Roads, should the area beredesignated as attainment or the preexisting PM–10 standard is revoked for Spokane.

(i) Incorporation by reference. (A) Spokane County Air PollutionControl Authority’s Regulation I., Article VI: Section 6.14 Standards for
Control of Particulate Matter on Paved


### 1085 Environmental Protection Agency § 52.2470

Surfaces and; Section 6.15 Standards
for Control of Particulate Matter on Unpaved Roads, effective February 13,
1999.

(80) On August 16, 1999, the Washington State Department of Ecologysubmitted a maintenance plan and redesignation request for the Thurston County PM–10 nonattainment area (dated June 11, 1997). EPA approves the Thurston County, Washington PM–10area maintenance plan and the redesignation to attainment.

(81) On August 23, 1999, the Washington State Department of Ecology requested the redesignation of Kent,Seattle, and Tacoma PM–10 nonattainment areas to attainment of the National Ambient Air Quality Standard for particulate matter. EPA approves the State’s PM–10 maintenance planfor Kent, Seattle, and Tacoma and request for redesignation to attainment.

(i) Incorporation by reference. (A) Revised Code of Washington (RCW) 70.94.477(2), dated 1995.

(B) RCW 70.94.457, dated 1995. (ii) Additional Material.(A) August 23, 1999, letter from Washington State Department of Ecology to EPA Region 10 submitting the PM–10 maintenance plan for Kent, Seattle,
and Tacoma nonattainment areas of Washington.

(82) On November 5, 1999, the State of Washington, Department of Ecology submitted a revision to the Visibility SIP. EPA approves all provisions to theNovember 5, 1999 Visibility SIP revision including, but not limited to the 1998 Smoke Management Plan, and
South West Air Pollution Control Agency, Reasonably Available Control Technology order on the Centralia Power plant. EPA is taking no action
on Section VIII. Identification and Analysis for Best Available Retrofit Technology (BART) and Section X, New Source Review, of the November 5, 1999, Visibility SIP revision.

(i) Incorporation by reference. (A) South West Air Pollution Control Agency (SWAPCA) regulatory order, SWAPCA 97–2057R1, Regulatory Order
to Establish RACT Limits and Order of Approval, Adopted February 26, 1998.

(B) [Reserved](83) On December 17, 2003, the Washington Department of Ecology submitted carbon monoxide and ozone second 10-year maintenance plans. The State’s maintenance plans, meet the requirements of the Clean Air Act.

(i) Incorporation by reference. (A) Puget Sound Clean Air Agency, Regulation I, Section 8.06, Outdoor Burning Ozone Contingency Measure, as in effect December 19, 2002.

(B) Puget Sound Clean Air Agency, Regulation II, Section 2.09, Oxygenated
Gasoline Carbon Monoxide Contingency Measures and Fee Schedule, as in effect December 19, 2002.

(C) Puget Sound Clean Air Agency, Regulation II, Section 2.10, Gasoline Station Ozone Contingency Measure, as in effect December 19, 2002.

(84) On September 24, 2001 and February 9, 2004, the Washington State Department of Ecology submitted amendments to Puget Sound Clean Air Agency’s regulations (Regulation I, II, and III) as revisions to the Washington State implementation plan.

(i) Incorporation by reference. (A) The following new and revised sections of Puget Sound Clean Air Agency’s Regulations: Regulation I

, Sections 1.01, Policy; 1.03, Name of Agency; and 1.05, Short Title, adopted September 9, 1999; 3.04, Reasonably Available Control Technology [except(e)], adopted March 11, 1999; 3.06 Credible Evidence, adopted October 8, 1998; 5.03, Registration Required [except(a)(5)], adopted July 8, 1999; 5.05 General Reporting Requirements for Registration, adopted September 10, 1998; 7.09, General Reporting Requirementsfor Operating Permits, adopted September 10, 1998; 8.04, General Conditions for Outdoor Burning; 8.05, Agricultural Burning; 8.09, Description ofKing County No-Burn Area; 8.10, Description of Pierce County No-BurnArea; and 8.11, Description of Snohomish County No-Burn Area, adopted November 9, 2000; and 8.12, Descriptionof Kitsap County No-Burn Area, adopted October 24, 2002; 9.03, Emission ofAir Contaminant: Visual Standard [except (e)], adopted March 11, 1999; 9.04, Opacity Standards for Equipment withContinuous Opacity Monitoring Systems [except (d)(2) and (f)], adopted April 9, 1998; 9.09, Particulate Matter Emission Standards, adopted April 9,


### 1086 40 CFR Ch. I (7–1–11 Edition) § 52.2470

1998; 9.15, Fugitive Dust Control Measures, adopted March 11, 1999; 9.16, Spray-Coating Operations, adopted July 12, 2001; 12.01, Applicability and 12.03, Continuous Emission Monitoring Systems [except (b)(2)], adopted April 9, 1998; 13.01, Policy and Purpose, adopted September 9, 1999; and 13.02, Definitions, adopted October 8, 1998; Regulation II , Sections 1.01, Purpose; 1.02, Policy; 1.03, Short Title; and 1.05, Special Definitions, adopted September 9, 1999; 2.01, Definitions, adopted July 8, 1999; 2.07, Gasoline Stations, adoptedDecember 9, 1999; 2.08, Gasoline Transport Tanks, adopted July 8, 1999; and3.02, Volatile Organic Compound Storage Tanks, adopted July 8, 1999.

(B) The following Puget Sound Clean Air Agency Notice of Construction (NOC) Order of Approvals: Holnam, Inc., Ideal Division (now known as LaFarge North America, Inc.) NOC Order of Approval No. 5183, effective date February 9, 1994; and Saint-GobainContainers LLC, NOC Order of Approval No. 8244, effective date September 30, 2004.

(C) Remove the following provisionsfrom the current incorporation by reference: Regulation I , Sections 3.01, Duties and Powers of the Control Officer;3.05, Investigations by the Control Officer; 3.07, Compliance Tests; 3.09, Violations—Notice; 3.11, Civil Penalties; 3.13,Criminal Penalties; 3.15, Additional Enforcement; 3.17, Appeal of Orders; 3.19,Confidential Information; 3.21, Separability; 3.23, Alternate Means of Compliance; 5.07, Registration Fees; 8.02, Outdoor Fires-Prohibited Types; 8.03, Outdoor Fires-Prohibited Areas; 9.03(e),
Emission of Air Contaminant: Visual Standard; 9.09(c), Particulate Matter Emission Standards; 9.11, Emission of
Air Contaminant: Detriment to Personor Property; 9.13, Emission of Air Contaminant: Concealment and Masking Restricted; 11.01, Ambient Air QualityStandards; 11.02, Ambient Air Monitoring; 12.02, Continuous Emission Monitoring Requirements; and 12.04,Recordkeeping and Report Requirements; Regulation II , Sections 2.04, Volatile Organic Compound Storage Tanks; and 3.07, Petroleum Solvent Dry Cleaning Systems; and Regulation
III

.

(ii) Additional Material. (A) The following sections of Puget Sound Clean Air Agency Regulation I : Sections 3.01, Duties and Powers of the Control Officer, adopted September 9, 1999; 3.05, Investigations by the Control Officer, adopted February 10, 1994; 3.07, Compliance Tests, adopted February 9, 1995; 3.09, Violations—Notice, adopted August 8, 1991; 3.11, Civil Penalties,adopted September 26, 2002; 3.13, Criminal Penalties, adopted August 8, 1991; 3.15, Additional Enforcement, adopted August 8, 1991; 3.17, Appeal of Orders,adopted October 8, 1998; 3.19, Confidential Information, adopted August 8, 1991; and 3.21, Separability, adopted August 8, 1991.

(85) On November 15, 2004, the Washington State Department of Ecology
submitted a PM10 Limited Maintenance Plan and requested the redesignation of the Spokane County PM10
Nonattainment area to attainment for
PM10. The State’s Limited Maintenance Plan, attainment year emissionsinventory, and the redesignation request meet the requirements of the Clean Air Act. EPA approves the
State’s Limited Maintenance Plan and Moderate Area Plan requirements for the Spokane PM10 nonattainment areaand request for redesignation to attainment.

(i) Incorporation by reference. (A) Spokane County Air Pollution Control Authority (SCAPCA) orders #96–03 (modified October 4, 2000), #96–05 (modified October 4, 2000) and #96–06 (modified October 19, 2000) to regulate particulate matter emissions from the specific emission units of the Kaiser Aluminum and Chemical Corporation, Trentwood aluminum facility.

(86) On November 30, 2004, the Washington Department of Ecology (Ecology) submitted a serious area plan for
the Wallula serious nonattainment
area for PM 10
.

(i) Incorporation by reference.(A) The following terms and conditions limiting particulate matter emissions in the following permits or administrative orders:

(1) Washington Department of Ecology Administrative Order No. 02AQER– 5074 for IBP, Inc. (now known as TysonFoods Inc.) dated December 6, 2002 except for the following: Finding number


### 1087 Environmental Protection Agency § 52.2471

4 (‘‘T-BACT’’), found on page 5 of document and item 3.3 of Approval Condition number 3 (‘‘Emission Limits and Test Methods’’) found on page 7 of the
document.

(2) Washington State Department of Ecology Air Operating Permit for Boise White Paper, L.L.C. Permit No. 000369– 7, dated December 1, 2004, the followingcondition only: 1.Q.1 (‘‘Particulate-fugitive dust’’) of item Q (‘‘Landfill/Compost Operation’’).

(3) Washington State Department of Ecology Administrative Order for Boise Cascade Corporation, Wallula Mill, Order No. 1614–AQ04, dated August 19, 2004 and effective September 15, 2004, the following condition only: No. 1 (‘‘Approval Conditions’’) and Appendix A (‘‘Dust Control Plan’’ for Boise Paper—Wallula Mill, ‘‘Landfill and Composting Areas’’) dated February 18,
2004.

(4) Fugitive Dust Control Plan for Simplot Feeders Limited Partnership, dated December 1, 2003.

(B) [Reserved] (ii) Additional Material. (A) Washington State Department of Ecology Columbia Plateau Windblown Dust Natural Events Action Plan,
dated 2003.

(B) Washington State Department ofEcology Fugitive Dust Control Guidelines for Beef Cattle Feedlots and BestManagement Practices, dated December 13, 1995.

(87) On September 20, 2001, and November 22, 2004, the Washington StateDepartment of Ecology submitted revisions to the Washington State Implementation Plan consisting of A Planfor Attaining Carbon Monoxide National Ambient Air Quality Standards in the Spokane Serious NonattainmentArea. On September 26, 2001, the Washington State Department of Ecology
submitted minor revisions to the Washington State Inspection and Maintenance Program.

(i) Incorporation by reference. (A) Kaiser Aluminum and Chemical Corporation Administrative Order No. DE 01AQIS–3285 dated October 24, 2001,
and Kaiser Aluminum and Chemical Corporation Administrative Order No. DE 01AQIS–3285, Amendment #1 dated April 9, 2003.

(B) Washington Administrative Code173–422–031, ‘‘Vehicle emission inspection schedules,’’ and Washington Administrative Code 173–422–170, ‘‘Exemptions,’’ as effective 12/2/2000.

(ii) Additional material. A Plan for Attaining Carbon Monoxide National Ambient Air Quality Standards in the Spokane Serious Nonattainment Area,adopted September 19, 2001, and November 17, 2004.

(88) On March 1, 2004, the WashingtonState Department of Ecology submitted amendments to WAC Ch. 173– 434, Solid Waste Incinerator Facilities, as revisions to the Washington State implementation plan.

(i) Incorporation by reference. (A) The following new and revised sections of WAC Ch. 173–434, Solid
Waste Incinerator Facilities: WAC 173– 434–020, Applicability and Compliance; –030, Definitions; –110, Standards ofPerformance [except (1)(a)]; –130, Emission Standards [except (2)]; –160, Design and Operation; –170, Monitoring and Reporting; –190, Changes in Operation;and –200, Emission Inventory, State effective January 22, 2004.

(B) Remove the following provisionsfrom the current incorporation by reference: WAC 173–434–050, New SourceReview (NSR);–070, Prevention of Significant Deterioration (PSD); and –100, Requirement of BACT, State effective October 18, 1990.

[37 FR 10900, May 31, 1972]

E DITORIAL N OTE : For F EDERAL R EGISTER citations affecting §52.2470, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§ 52.2471 Classification of regions.

The Washington plan was evaluated on the basis of the following classifications:


### 1088 40 CFR Ch. I (7–1–11 Edition) § 52.2472

Air quality control region Pollutant

Particulate matter Sulfur oxides Nitrogen dioxide Carbon

monoxide Ozone

Eastern Washington-Northern Idaho Interstate ........................................ I IA III I III Northern Washington Intrastate ................................................................ II III III III III Olympic-Northwest Washington Intrastate ................................................ II II III III III
Portland Interstate ..................................................................................... I IA III I I Puget Sound Intrastate ............................................................................. I IA III I I South Central Washington Intrastate ........................................................ I III III III III

[37 FR 10900, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45 FR 37836, June 5, 1980]

§ 52.2472 Extensions.

The Administrator, by authority delegated under section 188(d) of the Clean Air Act, as amended in 1990, extends for one year (until December 31, 1995) the attainment date for the Spokane, Washington, PM–10 nonattainment area and the Wallula, Washington, PM–
10 nonattainment area.

[60 FR 47280, Sept. 12, 1995]

§ 52.2473 Approval status.

With the exceptions set forth in this subpart, the Administrator approves Washington’s plan for the attainment
and maintenance of National Standards under section 110 of the Clean Air Act. The regulations included in the SIP (See Table 52.2479) are applicable
statewide unless otherwise noted in theregulation itself. Furthermore, the Administrator finds that the plan as identified in §52.2470 satisfies requirements of Part D, Title 1, of the Clean Air act as amended in 1977, except as noted inthe following sections. Continued satisfaction of the requirements of Part Dfor the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 forthe sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources coveredby CTGs issued by the previous January. New source review permits pursuant to section 173 of CAA will not bedeemed valid by EPA unless the provisions of Section V of the emission offset interpretive rule published on January 16, 1979 (44 FR 3274) are met.

[45 FR 37836, June 5, 1980, as amended at 46 FR 45609, Sept. 14, 1981; 47 FR 7840, Feb. 23, 1982] § 52.2474 General requirements.

(a) Regulation for public availability of
emission data. (1) Any person who cannot obtain emission data from theAgency responsible for making emission data available to the public, asspecified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may requestthat the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owneror operator of any such source to submit information within 30 days on the
nature and amounts of emissions from such source and any other informationas may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan.

(2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of
the source shall maintain records of
the nature and amounts of emissionsfrom such source and any other information as may be deemed necessary bythe Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information
recorded shall be summarized and reported to the Regional Administrator,on forms furnished by the Regional Administrator, and shall be submittedwithin 45 days after the end of the reporting period. Reporting periods are


### 1089 Environmental Protection Agency § 52.2475

January 1–June 30 and July 1–December 31.

(3) Information recorded by the owner or operator and copies of this summarizing report submitted to theRegional Administrator shall be retained by the owner or operator for 2years after the date on which the pertinent report is submitted.

(4) Emission data obtained from owners or operators of stationary sourceswill be correlated with applicable emission limitations and other controlmeasures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator.

[40 FR 55334, Nov. 28, 1975]

§ 52.2475 Approval of plans.

(a) Carbon Monoxide. (1) Yakima. (i) EPA approves as a revision to the Washington State Implementation Plan, the Yakima Carbon Monoxide maintenance plan submitted by the State on August 31, 2001.

(ii) [Reserved] (2) Spokane. (i) EPA approves as a revision to the Washington State Implementation Plan, A Plan for Attaining CarbonMonoxide National Ambient Air Quality Standards in the Spokane Serious Nonattainment Area submitted by the Washington Department of Ecology on September 20, 2001 and November 22,
2004.

(ii) EPA approves as a revision to the Washington State Implementation Plan, the Spokane Carbon Monoxide Maintenance Plan, adopted April 27, 2004 effective June 24, 2004, submitted by the Washington Department of Ecology on November 29, 2004.

(3) Central Puget Sound. (i) EPA approves as a revision to the Washington State Implementation Plan, the Central Puget Sound Carbon
Monoxide and Ozone Second 10-Year Maintenance Plans submitted by the State on December 17, 2003.

(ii) [Reserved] (4) Vancouver. (i) EPA approves as a revision to the Washington State ImplementationPlan, the Vancouver Air Quality Maintenance Area Second 10-year Carbon Monoxide Maintenance Plan submitted by the Washington Department of Ecology on April 25, 2007.

(ii) [Reserved] (b) Lead. [Reserved] (c) Nitrogen Dioxide. [Reserved] (d) Ozone. [Reserved] (e) Particulate Matter. (1) Yakima. (i) EPA approves as a revision to the Washington State ImplementationPlan, the Yakima County PM–10 Nonattainment Area Limited Maintenance Plan adopted by the Yakima Regional Clean Air Authority on June 9, 2004, and adopted and submitted by the Washington Department of Ecology on July 8, 2004.

(ii) [Reserved] (2) Wallula. (i) EPA approves as a revision to the Washington State Implementation Plan, the Wallula Serious Area Plan
for PM 10 adopted by the State on November 17, 2004 and submitted to EPA on November 30, 2004.

(ii) EPA approves, as a revision to the Washington State Implementation Plan, the Wallula PM 10 maintenanceplan, adopted by the Washington Department of Ecology on March 29, 2005
and submitted to EPA.

(3) Spokane. (i) EPA approves as a revision to the Washington State ImplementationPlan, the Spokane County PM10 Nonattainment Area Limited Maintenance Plan adopted by the Spokane Regional Clean Air Authority on November 17, 2004, and adopted and submitted by the Washington Department of Ecology on November 30, 2004.

(f) Sulfur dioxide. [Reserved] (g) Visibility. (1) EPA approves as arevision to the Washington State Implementation Plan, the November 5, 1999, Visibility SIP revision, exceptthat EPA is taking no action on Section VIII. Identification and Analysis for Best Available Retrofit Technology (BART), and Section X, New SourceReview of the November 5, 1999, Visibility SIP revision.


### 1090 40 CFR Ch. I (7–1–11 Edition) § 52.2476

(2) [Reserved]

[67 FR 66560, Nov. 1, 2002, as amended at 68 FR 34825, June 11, 2003; 69 FR 47366, Aug. 5, 2004; 70 FR 6592, Feb. 8, 2005; 70 FR 22599, May 2, 2005; 70 FR 24992, May 12, 2005; 70 FR 37272, June 29, 2005; 70 FR 38038, July 1, 2005; 70 FR 39927, July 12, 2005; 70 FR 50213, Aug. 26, 2005; 73 FR 36443, June 27, 2008]

§ 52.2476 Discretionary authority.

(a) This section applies to any variance, exception, exemption, alternativeemission limitation, bubble, alternative sampling or testing method,compliance schedule revision, alternative compliance schedule, or any other substantial change to a provision of the state implementation plan, granted by the Department of Ecology, the Department of Natural Resources, the Energy Facility Site Evaluation Council, or a local air pollution controlagency in accordance with any discretionary authority granted under its statutes or regulations, regardless of whether such statutes or regulations are part of the state implementation plan.

(b) Any change to a provision of the state implementation plan described in paragraph (a) of this section must be submitted by the state for approval byEPA in accordance with the requirements of 40 CFR 51.104.

(c) Any change to a provision of the state implementation plan described in paragraph (a) of this section does notmodify the requirements of the federally-approved state implementationplan or a federally-promulgated implementation plan until approved by EPAas a revision to the state implementation plan in accordance with section
110 of the Clean Air Act.

[56 FR 24136, May 29, 1991]

§§ 52.2477–52.2478 [Reserved]

§ 52.2479 Contents of the federally approved, State submitted implementation plan.

The following sections of the state and local regulations and documentsfor the Washington State Implementation Plan for Air Quality, for compliance with requirements of the Federal Clean Air Act, have been approved by
the U.S. Environmental ProtectionAgency (EPA), and are part of the current federally-approved, implementation plan.

WASHINGTON S TATE I MPLEMENTATION P LAN FOR A IR Q UALITY S TATE AND L OCAL R EQUIREMENTS TABLE OF C ONTENTS

**Section 1—General [Dates in brackets indicate EPA approval date]**

1.2 Energy Facilities Site Evaluation Council (EFSEC) Memorandum of Agreement [02/23/82] 1.3 Air Quality Monitoring, Data Reporting and Surveillance Provisions [04/15/81] 1.4 Maintenance of Pay Provision [08/14/81]

**Section 2—State Regulations and Statutes [Dates in brackets indicate date state adopted]**

2.2 Department of Ecology Regulations
2.2.400 WAC 173–400 General Regulation for Air Pollution Sources 173–400–010 Policy and purpose [08/20/93] 173–400–020 Applicability [08/20/93] 173–400–030 Definitions [08/20/93] 173–400–040 General standards for maximum emissions [08/20/93, except for sections (1)(c), (1)(d), (2), (4), and the second paragraph of (6)]173–400–050 Emission standards for combustion and incineration units [08/20/93 except for the exception provision in section (3)] 173–400–060 Emission standards for general process units [08/20/93] 173–400–070 Emission standards for certain source categories [08/20/93, except for section (7)] 173–400–081 Startup and shutdown [08/20/93] 173–400–091 Voluntary limits on emissions [08/20/93] 173–400–100 Registration [08/20/93] 173–400–105 Records, monitoring, and reporting [08/20/93] 173–400–107 Excess Emissions [08/20/93] 173–400–110 New source review (NSR) [08/20/93]


### 1091 Environmental Protection Agency § 52.2479

WASHINGTON S TATE I MPLEMENTATION P LAN FOR A IR Q UALITY S TATE AND L OCAL R EQUIREMENTS TABLE OF C ONTENTS—Continued

173–400–112 Requirements for new souces in nonattainment areas [08/20/93, except for section (8)] 173–400–113 Requirements for new sources in attainment or unclassifiable areas [08/ 20/93, except for section (5)] 173–400–151 Retrofit requirements for visibility protection [08/20/93] 173–400–161 Compliance schedules [08/20/93] 173–400–171 Public involvement [08/20/93] 173–400–190 Requirements for nonattainment areas [08/20/93] 173–400–200 Creditable stack height and dispersion techniques [08/20/93] 173–400–205 Adjustment for atmospheric conditions [08/20/93] 173–400–210 Emission requirements of prior jurisdictions [08/20/93] 173–400–220 Requirements for board members [08/20/93] 173–400–230 Regulatory actions [08/20/93] 173–400–240 Criminal penalties [08/20/93] 173–400–250 Appeals [08/20/93] 173–400–260 Conflict of interest [08/20/93] 2.2.402 WAC 173–402 Civil Sanctions under Washington Clean Air Act 173–402–010 Prior regulations [06/24/80] 173–402–020 Subsequent regulations [06/24/80] 2.2.405 WAC 173–405 Kraft Pulp Mills 173–405–012 Statement of purpose [02/19/91] 173–405–021 Definitions [02/19/91] 173–405–040 Emission standards [02/19/91 except for sections (1)(b), (1)(c), (3)(b), (3)(c), (4), (7), (8), and (9)] 173–405–045 Creditable stack height and dispersion techniques [02/19/91] 173–405–061 More restrictive emission standards [02/19/91] 173–405–072 Monitoring requirements [02/19/91 except section (2)] 173–405–077 Report of startup, shutdown, breakdown or upset conditions [02/19/91] 173–405–078 Emission inventory [02/19/91] 173–405–086 New source review (NSR) [02/19/91] 173–405–087 Prevention of significant deterioration (PSD) [02/19/91] 173–405–091 Special studies [02/19/91] 2.2.410 WAC 173–410 Sulfite Pulping Mills 173–410–012 Statement of purpose [02/19/91] 173–410–021 Definitions [02/19/91] 173–410–040 Emission standards [02/19/91 except sections (3) and (5)] 173–410–045 Creditable stack height and dispersion techniques [02/19/91] 173–410–062 Monitoring requirements [02/19/91] 173–410–067 Report of startup, shutdown, breakdown or upset conditions [02/19/91] 173–410–071 Emission inventory [02/19/91] 173–410–086 New source review (NSR) [02/19/91] 173–410–087 Prevention of significant deterioration (PSD) [02/19/91] 173–410–100 Special studies [02/19/91] 2.2.415 WAC 173–415 Primary Aluminum Plants 173–415–010 Statement of purpose [02/19/91] 173–415–020 Definitions [02/19/91 except sections (1) and (2)] 173–415–030 Emission standards [02/19/91 except sections (1) and (3)(b)] 173–415–045 Creditable stack height and dispersion techniques [02/19/91] 173–415–050 New source review (NSR) [02/19/91] 173–415–051 Prevention of significant deterioration (PSD) [02/19/91] 173–415–060 Monitoring and reporting [02/19/91 except sections (1)(a)(b)(d)] 173–415–070 Report of startup, shutdown, breakdown or upset conditions [02/19/91] 173–415–080 Emission inventory [02/19/91] 2.2.422 WAC 173–422 Motor Vehicle Emission Inspection 173–422–010 Purpose [02/28/80] 173–422–020 Definitions [02/28/80] 173–422–030 Vehicle emission inspection requirement [02/28/80] 173–422–040 Noncompliance areas [12/31/81] 173–422–050 Emission contributing areas [12/31/81] 173–422–060 Gasoline vehicle emission standards [12/31/81] 173–422–070 Gasoline vehicle inspection procedures [12/31/81] 173–422–090 Exhaust gas analyzer specifications [12/31/81] 173–422–100 Testing equipment maintenance and calibration [12/31/81]


### 1092 40 CFR Ch. I (7–1–11 Edition) § 52.2479

WASHINGTON S TATE I MPLEMENTATION P LAN FOR A IR Q UALITY S TATE AND L OCAL R EQUIREMENTS TABLE OF C ONTENTS—Continued

173–422–110 Data system requirements [12/31/81] 173–422–120 Quality assurance [02/28/80] 173–422–130 Inspection fees [12/31/81] 173–422–140 Inspection forms and certificates [12/31/81] 173–422–160 Fleet and diesel owner vehicle testing requirements [12/31/81] 173–422–170 Exemptions [12/31/81] 173–422–180 Air quality standards [12/31/81] 2.2.425 WAC 173–425 Open Burning 173–425–010 Purpose [09/17/90] 173–425–020 Applicability [09/17/90] 173–425–030 Definitions [09/17/90] 173–425–036 Curtailment during episodes of impaired air quality [09/17/90] 173–425–045 Prohibited materials [01/03/89] 173–425–055 Exceptions [09/17/90] 173–425–065 Residential open burning [09/17/90] 173–425–075 Commercial open burning [09/17/90] 173–425–085 Agricultural open burning [09/17/90] 173–425–095 No burn area designation [09/17/90] 173–425–100 Delegation of agricultural open burning program [09/17/90] 173–425–115 Land clearing projects [09/17/90] 173–425–120 Department of Natural Resources Smoke Management Plan [09/17/90] 173–425–130 Notice of violation [09/17/90] 173–425–140 Remedies [09/17/90] 2.2.430 WAC 173–430 Burning of Field and Forage and Turf Grasses Grown for Seed 173–430–010 Purpose [09/17/90] 173–430–020 Definitions [09/17/90] 173–430–030 Permits, conditions, and restrictions [09/17/90] 173–430–040 Mobile field burners [09/17/90] 173–430–050 Other approvals [09/17/90] 173–430–060 Study of alternatives [09/17/90] 173–430–070 Fees [09/17/90] 173–430–080 Certification of alternatives [09/17/90] 2.2.433 WAC 173–433 Solid Fuel Burning Device Standards 173–433–010 Purpose [12/16/87] 173–433–020 Applicability [12/16/87] 173–433–030 Definitions [09/17/90] 173–433–100 Emission performance standards [09/17/90] 173–433–110 Opacity standards [09/17/90] 173–433–120 Prohibited fuel types [09/17/90] 173–433–130 General emission standards [09/17/90] 173–433–150 Curtailment [09/17/90] 173–433–170 Retail sales fees [01/03/89] 173–433–200 Regulatory actions and penalties [09/17/90]
2.2.434

WAC
173–434 Solid Waste Incinerator Facilities

173–434–010 Purpose [10/18/90] 173–434–020 Applicability and Compliance [1/22/04] 173–434–030 Definitions [1/22/04] 173–434–090 Operation and Maintenance Plan [10/18/90] 173–434–110 Standards of Performance, except (1)(a) [1/22/04] 173–434–130 Emission Standards, except (2) [1/22/04] 173–434–160 Design and Operation [1/22/04] 173–434–170 Monitoring and Reporting [1/22/04] 173–434–190 Changes in Operation [1/22/04] 173–434–200 Emission Inventory [1/22/04] 173–434–210 Special Studies [10/18/90] 2.2.435 WAC 173–435 Emergency Episode Plan 173–435–010 Purpose [01/03/89] 173–435–015 Significant harm levels [01/03/89] 173–435–020 Definitions [01/03/89] 173–435–030 Episode stage criteria [01/03/89] 173–435–040 Source emission reduction plans [01/03/89]


### 1093 Environmental Protection Agency § 52.2479

WASHINGTON S TATE I MPLEMENTATION P LAN FOR A IR Q UALITY S TATE AND L OCAL R EQUIREMENTS TABLE OF C ONTENTS—Continued

173–435–050 Action procedures [01/03/89] 173–435–060 Enforcement [01/03/89] 173–435–070 Sampling sites, equipment, and methods [01/03/89 except section (1)]
2.2.440 WAC 173–440 Sensitive Areas 173–440–010 Purpose [09/17/90] 173–440–020 Applicability [09/16/87] 173–440–030 Definitions [09/17/90] 173–440–040 Sensitive areas designated [09/16/87] 173–440–100 Standards [09/17/90] 173–440–900 Appendix A—Map [09/16/87] 2.2.470 WAC 173–470 Ambient Air Quality Standards for Particulate Matter 173–470–010 Purpose [09/16/87] 173–470–020 Applicability [09/16/87] 173–470–030 Definitions [01/03/89] 173–470–100 Ambient air quality standards [01/03/89] 173–470–160 Reporting of data [09/16/87] 2.2.490 WAC 173–490 Emission Standards and Controls for Sources Emitting Volatile Organic Compounds 173–490–010 Policy and purpose [02/19/91] 173–490–020 Definitions [02/19/91] 173–490–025 General applicability [02/19/91] 173–490–030 Registration and reporting [02/19/91] 173–490–040 Requirements [02/19/91] 173–490–080 Exceptions and alternative methods [02/19/91] 173–490–090 New source review (NSR) [02/19/91] 173–490–200 Petroleum refinery equipment leaks [02/19/91] 173–490–201 Petroleum liquid storage in external floating roof tanks [02/19/91] 173–490–202 Leaks from gasoline transport tanks and vapor collection systems [02/19/ 91] 173–490–203 Perchloroethylene dry cleaning systems [02/19/91] 173–490–204 Graphic arts systems [02/19/91] 173–490–205 Surface coating of miscellaneous metal parts and products [02/19/91] 173–490–207 Surface coating of flatwood paneling [02/19/91] 173–490–208 Aerospace assembly and component coating operations [02/19/91] 2.2.490 WAC 173–492 Motor Fuel Specifications for Oxygenated Gasoline 173–492–010 Policy and purpose [10/07/92] 173–492–020 Applicability [10/07/92] 173–492–030 Definitions [10/07/92] 173–492–060 Labeling requirements [10/07/92] 173–492–070 Control areas and control periods [10/07/92] 2.3.EFSEC Energy Facilities Site Evaluation Council Regulation (EFSEC)

2.3.463–39 WAC 463–39 General Regulations for Air Pollution Sources 463–39–010 Purpose [07/23/79] 463–39–020 Applicability [07/23/79] 463–39–030 Additional definitions [07/23/79 except sections (4), (7), (10), (24), (25), (30), (35), and (36)] 463–39–040 General standards for maximum permissible emissions [07/23/79 except introductory paragraph]
463–39–050 Minimum emission standards for combustion and incineration sources [07/23/79] 463–39–060 Minimum emission standards for general process sources [07/23/79] 463–39–080 Compliance schedules [07/23/79] 463–39–100 Registration [07/23/79]463–39–110 New source review (NSR) [07/23/79 except sections (1), the first two sentences of (3)(b), (3)(c), (d), and (e)] 463–39–120 Monitoring and special report [07/23/79] 463–39–130 Regulatory actions [07/23/79] 463–39–135 Criminal penalties [07/23/79] 463–39–150 Variance [07/23/79] 463–39–170 Conflict of interest [07/23/79]


### 1094 40 CFR Ch. I (7–1–11 Edition) § 52.2479

WASHINGTON S TATE I MPLEMENTATION P LAN FOR A IR Q UALITY S TATE AND L OCAL R EQUIREMENTS TABLE OF C ONTENTS—Continued

**Section 3—Local Air Authority Regulations [Dates in brackets indicate local air authority adoption date]** 

3.NW Northwest Air Pollution Authority (NWAPA) 100 Name of Authority [02/10/93] 101 Short Title [02/10/93] 102 Policy [02/10/93] 103 Duties and Powers [04/14/93] 104 Adoption of State and Federal Laws and Rules [10/13/94] 105 Separability [01/08/69] 106 Public Records [01/08/69] 110 Investigation and Studies [01/08/69] 111 Interference or Obstruction [02/14/73] 112 False and Misleading Oral Statements [02/14/73] 113 Service of Notice [02/14/73] 114 Confidential Information [04/14/93] 120 Hearings [04/14/93] 121 Orders [11/15/88] 122 Appeals from Orders or Violations [11/15/88] 123 Status of Orders on Appeal [11/15/88] 124 Display of Orders [02/14/73] 130 Citations—Notices [02/14/73] 131 Violations—Notices [04/14/93] 132 Criminal Penalty [10/13/94] 133 Civil Penalty [10/13/94] 134 Restraining Orders—Injunction [02/10/93] 135 Additional Enforcement—Compliance schedules [04/14/93] 140 Reporting By Government Agencies [04/14/93] 145 Motor Vehicle Owner Responsibility [02/14/73] 150 Pollutant Disclosure—Reporting by Air Contaminant Sources [09/08/93] 200 Definitions [10/13/94]

Control Procedures
300 Notice of Construction When Required [10/13/94] 301 Information Required for Notice of Construction [10/13/94] 302 Issuance of Approval or Order [10/13/94] 303 Notice of Completion—Notice of Violation [08/09/78] 310 Approval to Operate Required [04/14/93] 320 Registration Required [04/14/93] 321 General Requirements for Registration [04/14/93] 322 Exemptions from Registration [10/13/94] 323 Classes of Registration [4/14/93] 324 Fees [10/13/94, except section .121] 325 Transfer [04/14/93] 340 Report of Breakdown and Upset [10/13/94] 341 Schedule Report of Shutdown or Start-up [09/08/93] 342 Operation and Maintenance [09/08/93] 360 Testing and Sampling [02/14/73] 365 Monitoring [02/08/89] 366 Instrument Calibration [09/08/93]

Standards
400 Ambient Air Standards—Forward [04/14/93] 401 Suspended Particulate Standards (PM–10) [04/14/93] 410 Sulfur Oxide Standards [04/14/93] 420 Carbon Monoxide Standards [04/14/93] 422 Nitrogen Oxide Standards [4/14/93] 424 Ozone Standards [04/14/93] 450 Emission Standards—Forward [04/14/93] 451 Emission of Air Contaminant—Visual Standards [10/13/94] 452 Motor Vehicle Visual Standard [04/14/93, except section .5] 455 Emission of Particulate Matter [04/14/93] 458 Incinerators—Wood Waste Burners [08/08/78]


### 1095 Environmental Protection Agency § 52.2479

WASHINGTON S TATE I MPLEMENTATION P LAN FOR A IR Q UALITY S TATE AND L OCAL R EQUIREMENTS TABLE OF C ONTENTS—Continued

460 Sulfur Compounds—Heat/Weight Rate Standard [04/14/93] 462 Sulfur Compounds—Emission Standard [04/14/93] 466 Portland Cement Plants [04/14/93]

Regulated Activities and Prohibitions 510 Incinerator Burning [04/14/93] 520 Sulfur Compounds in Fuel [04/14/93] 550 Particulate Matter from Becoming Airborne [01/08/69] 560 Storage of Organic Liquids [04/14/93] 580 Volatile Organic Compound Control (VOC) [10/13/94] 3.PS Puget Sound Air Pollution Control Agency (PSAPCA) 3.PS.1 Regulation I
Article 1—Policy, short title, and definitions Section 1.01 Policy [9/9/99] Section 1.03 Name of Agency [9/9/99] Section 1.05 Short Title [9/9/99] Section 1.07 Definitions [4/14/94]

Article 3—General Provisions Section 3.04 Reasonably Available Control Technology, except (e) [3/11/99] Section 3.06 Credible Evidence [10/8/98]
Article 5—Registration Section 5.02 Applicability and Purpose of the Registration Program [9/12/96] Section 5.03 Registration Required, except (a)(5) [7/8/99] Section 5.05 General Reporting Requirements for Registration [9/10/98]

Article 6—New Source Review
Section 6.03 Notice of Construction [9/12/96] Section 6.04 Notice of Construction Review Fees [9/11/97] Section 6.06 Public Notice [4/14/94] Section 6.07 Order of Approval—Order to Prevent Construction [4/14/94] Section 6.08 Emission Reduction Credit Banking [11/19/92] Section 6.09 Notice of Completion [4/14/94] Section 6.10 Work Done without an Approval [9/11/97] Article 7—Operating Permits Section 7.09 General Reporting Requirements for Operating Permits [9/10/98]

Article 8—Outdoor Fires Section 8.04 General Conditions for Outdoor Burning [11/9/00] Section 8.05 Agricultural Burning [11/9/00] Section 8.06 Outdoor Burning Ozone Contingency Measure [12/19/02] Section 8.09 Description of King County No-Burn Area [11/9/00] Section 8.10 Description of Pierce County No-Burn Area [11/9/00] Section 8.11 Description of Snohomish County No-Burn Area [11/9/00] Section 8.12 Description of Kitsap County No-Burn Area [10/24/02]

Article 9—Emission Standards
Section 9.03 Emission of Air Contaminant: Visual Standard, except (e) [3/11/99] Section 9.04 Opacity Standards for Equipment With Continuous Opacity Monitoring Systems, except (d)(2) and (f) [4/9/98] Section 9.05 Refuse Burning [12/9/93] Section 9.07 Sulfur Dioxide Emission Standard [4/14/94] Section 9.08 Fuel Oil Standards [4/14/94] Section 9.09 Particulate Matter Emission Standards [4/9/98] Section 9.15 Fugitive Dust Control Measures [3/11/99] Section 9.16 Spray-Coating Operations [7/12/01] Section 9.20 Maintenance of Equipment [6/9/88] Article 12—Standards of Performance for Continuous Emission Monitoring Systems

Section 12.01 Applicability [4/9/98] Section 12.03 Continuous Emission Monitoring System, except (b)(2) [4/9/98] Article 13—Solid Fuel Burning Device Standards Section 13.01 Policy and Purpose [9/9/99]


### 1096 40 CFR Ch. I (7–1–11 Edition) § 52.2479

WASHINGTON S TATE I MPLEMENTATION P LAN FOR A IR Q UALITY S TATE AND L OCAL R EQUIREMENTS TABLE OF C ONTENTS—Continued

Section 13.02 Definitions [10/8/98] Section 13.03 Opacity Standards [10/11/90] Section 13.04 Prohibited Fuel Types [9/26/91] Section 13.05 Curtailment [9/26/91] Section 13.07 Contingency [12/8/94] 3.PS.2—Regulation II Article 1—Purpose, Policy, Short Title, and Definitions Section 1.01 Purpose [9/9/99] Section 1.02 Policy [9/9/99] Section 1.03 Short Title [9/9/99] Section 1.04 General Definitions [12/11/80] Section 1.05 Special Definitions [9/9/99] Article 2—Gasoline Marketing Emission Standards Section 2.01 Definitions [7/8/99] Section 2.03 Petroleum Refineries [6/13/91] Section 2.05 Gasoline Loading Terminals [12/9/93] Section 2.06 Bulk Gasoline Plants [6/13/91] Section 2.07 Gasoline Stations [12/9/99] Section 2.08 Gasoline Transport Tanks [7/8/99] Section 2.09 Oxygenated Gasoline Carbon Monoxide Contingency Measure and Fee Schedule [12/19/02] Section 2.10 Gasoline Station Ozone Contingency Measure [12/19/02] Article 3—Miscellaneous Volatile Organic Compound Emission Standards Section 3.01 Cutback Asphalt Paving [6/13/91] Section 3.02 Volatile Organic Compound Storage Tanks [7/8/99] Section 3.03 Can and Paper Coating Operations [2/10/94] Section 3.04 Motor Vehicle and Mobile Equipment Coating Operations [12/9/93] Section 3.05 Graphic Arts Systems [12/9/93] Section 3.08 Polyester, Vinylester, Gelcoat, and Resin Operations [12/9/93] Section 3.09 Aerospace Component Coating Operations [12/9/93] Section 3.11 Coatings and Ink Manufacturing [4/11/96]

**Section 4—Regional Air Quality Plans [Dates in brackets indicate EPA approval date]**

4.1 Olympic-Northwest Washington Intrastate
4.1.2 Attainment Plans 4.1.2.PM Particulate Matter (PM 10 ) 4.1.2.PM.1 Thurston County PM 10 [07/27/93] 4.1.2.TSP Total Suspended Particulates (TSP) 4.1.2.TSP.1 Longview TSP [06/05/80] 4.2 Puget Sound Intrastate
4.2.2 Attainment Plans 4.2.2.CO Carbon Monoxide (CO) 4.2.2.CO.1 Seattle CO [02/28/83] 4.2.2.CO.2 Tacoma CO [07/16/84] 4.2.2.CO.3 Puget Sound CO section 5.2 [01/22/93] 4.2.2.OZ Ozone (O 3 ) 4.2.2.OZ.1 Seattle-Tacoma O 3 [02/28/83] 4.2.2.PM Particulate Matter (PM 10 )
4.2.2.PM.1 Kent PM 10 [07/27/93] 4.2.2.PM.2 Seattle PM 10 [conditional approval 08/22/94]
4.2.2.PM.3 Tacoma PM 10 [conditional approval 12/12/94] 4.2.3 Lead Implementation Plan [04/01/85] 4.3 Southwest Washington Interstate
4.3.2 Attainment Plans 4.3.2.CO Carbon Monoxide (CO) 4.3.2.CO.1 Vancouver CO [12/30/94] 4.3.2.OZ Ozone (O 3 ) 4.3.2.OZ.1 Vancouver O3 [11/14/94] 4.3.2.TSP Total Suspended Particulates (TSP) 4.3.2.TSP.1 Vancouver TSP [09/14/81] 4.5 Eastern Washington Interstate


### 1097 Environmental Protection Agency § 52.2497

WASHINGTON S TATE I MPLEMENTATION P LAN FOR A IR Q UALITY S TATE AND L OCAL R EQUIREMENTS TABLE OF C ONTENTS—Continued

4.5.2 Attainment Plans 4.5.2.CO Carbon Monoxide (CO) 4.5.2.CO.1 Spokane CO [03/22/82] 4.5.2.CO.1a Spokane CO section 5.2 [01/22/93] 4.5.2.TSP Total Suspended Particulates (TSP) 4.5.2.TSP.1 Spokane TSP [09/14/81] 4.6 South Central Washington Intrastate
4.6.2 Attainment Plans 4.6.2.CO Carbon Monoxide (CO) 4.6.2.CO.1 Yakima CO [09/14/81]

**Section 5—Federally Mandated Programs [Dates in brackets indicate EPA approval date]**

5.BAP—Business Assistance Program [5/8/95] 5.IM—Motor Vehicle Inspection/Maintenance Program [9/25/96] 5.OXY—Oxygenated Gasoline Program [3/21/94] 5.SMP—Smoke Management Program [7/6/87] 5.VIS—Washington State Visibility Protection Program [7/6/87] 5.VIS.NSR—Visibility New Source Review (NSR) for nonattainment areas for Washington [7/28/86]

**Supplemental Section A—Reference Material [Date in brackets indicate EPA effective date]**

A.1—Description of Source test Program for the State Implementation Plan [10/24/84]

**Supplemental B—Administrative and Procedural Material [Dates in brackets indicate EPA effective**

**date]**

B.3—Correspondence B.3.1—Legal Authority [6/05/80] B.3.2—Correspondence prior to 1991 B.3.2.1—New Source Performance Standards (NSPS) for Tri-Counties [9/23/81]

[60 FR 33735, June 29, 1995, as amended at 62 FR 68188, Dec. 31, 1997; 68 FR 34825, June 11, 2003; 69 FR 53010, Aug. 31, 2004; 70 FR 44857, Aug. 4, 2005]

§§ 52.2480–52.2494 [Reserved]

§ 52.2495 Voluntary limits on potential to emit

Terms and conditions of regulatory orders issued pursuant to WAC 173–400– 091 ‘‘Voluntary limits on emissions’’ and in accordance with the provisions of WAC 173–400–091, WAC 173–400–105 ‘‘Records, monitoring, and reporting,’’
and WAC 173–400–171 ‘‘Public involvement,’’ shall be applicable requirements of the federally-approved Washington SIP and Section 112(l) program for the purposes of section 113 of the
Clean Air Act and shall be enforceable by EPA and by any person in the same manner as other requirements of theSIP and Section 112(l) program. Regulatory orders issued pursuant to WAC 173–400–091 are part of the Washington
SIP and shall be submitted to EPA Region 10 in accordance with the requirements of §§51.104(e) and 51.326.

[60 FR 28728, June 2, 1995]

§ 52.2496 [Reserved]

§ 52.2497 Significant deterioration of air quality.

(a) The requirements of sections 160 through 165 of the Clean Air Act arenot met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality.

(b) Regulations for preventing significant deterioration of air quality.The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Washington.

(c) In accordance with section 164 of the Clean Air Act and the provisions of 40 CFR 52.21(g), the Spokane Indian


### 1098 40 CFR Ch. I (7–1–11 Edition) § 52.2498

Reservation is designated as a Class Iarea for the purposes of preventing significant deterioration of air quality.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 56 FR 14862, Apr. 12, 1991; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003]

§ 52.2498 Visibility protection.

(a) The requirements of section 169Aof the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal

areas.

(b) Regulations for visibility new source review. The provisions of §52.28 are hereby incorporated and made a part of the applicable plan for the State of Washington.

[51 FR 23228, June 26, 1986]

§ 52.2499 Interstate Transport for the 1997 8-hour ozone and PM 2

. 5 NAAQS.

On January 17, 2007, the WashingtonState Department of Ecology submitted a SIP revision to meet the requirements of Clean Air Act section 110(a)(2)(D)(i). EPA is approving this
submittal.

[74 FR 1593, Jan. 13, 2009]



### Subpart XX—West Virginia

§ 52.2520 Identification of plan.

(a) Purpose and scope. This sectionsets forth the applicable State implementation plan for West Virginia under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality standards.

(b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) wasapproved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C.552(a) and 1 CFR part 51. Material incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the
F EDERAL R EGISTER . Entries in paragraphs (c) and (d) of this section withEPA approval dates on or after November 1, 2010 will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region III certifies that the rules/regulations and source-specific requirements provided by EPA at the addresses in paragraph (b)(3) of thissection are an exact duplicate of the officially promulgated State rules/regulations and source-specific requirements which have been approved as part of the State implementation plan as of November 1, 2010.

(3) Copies of the materials incorporated by reference may be inspected at the EPA Region III Office at 1650 Arch Street, Philadelphia, PA 19103. For further information, call (215) 814–2108; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building,1301Constitution Avenue, NW., Washington, DC 20460. For further information, call (202) 566–1742; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal

lregister/
code

l of

l

federal

lregulations/
ibr

l locations.html.

(c) EPA-Approved Regulations

EPA-A PPROVED R EGULATIONS IN THE W EST V IRGINIA SIP

State citation [Chapter 16–20 or 45 CSR] Title/subject State effective

date EPA approval date Additional explanation/ citation at 40 CFR 52.2565

**[45 CSR] Series 2 To Prevent and Control Particulate Air Pollution From Combustion of Fuel in Indirect Heat Exchangers** 

Section 45–2–1 ..................... General ................................................ 8/31/00 8/11/03; 68 FR

47473. (c)(56).

Section 45–2–2 ..................... Definitions ............................................ 8/31/00 8/11/03; 68 FR

47473. (c)(56).

Section 45–2–3 ..................... Visible Emissions of Smoke And/Or
Particulate Matter Prohibited And
Standards of Measurement. 8/31/00 8/11/03; 68 FR

47473. (c)(56).