Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Proposed Rules 43345 

Element 2008 

Pb 

2008 

Ozone 

2010 

NO2

2010 

SO2

(M): Consultation and participation by affected local entities ......................................................... A A A A 

In the above table, the key is as 

follows: 

A Approve 

NA No Action/Separate Rulemaking 

+ Not germane to infrastructure SIPs 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Lead, Ozone, Nitrogen 

dioxide, Sulfur dioxide, Reporting and 

recordkeeping requirements. 

Dated: July 14, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2014–17591 Filed 7–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0343: FRL -9914–34- 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Nonattainment New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Washington State 

Implementation Plan (SIP) that were 

submitted by the Department of Ecology 

(Ecology) on January 27, 2014. These 

revisions update the preconstruction 

permitting regulations for large 

industrial (major source) facilities 

located in designated nonattainment 

areas, referred to as the Nonattainment 

New Source Review (major 

nonattainment NSR or major NNSR) 

program. While these revisions update 

Ecology’s major NNSR program 

generally, the most significant change is 

the incorporation of regulations to 

implement major NNSR for fine 

particulate matter, particles with an 

aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers (PM2.5). 

The major NNSR program is designed to 

ensure that major stationary sources of 

air pollution are constructed or 

modified in a manner that is consistent 

with attainment and maintenance of the 

National Ambient Air Quality Standards 

(NAAQS). 

DATES: Comments must be received on 

or before August 25, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2014–0343, by any of the 

following methods: 

A. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

B. Mail: Jeff Hunt, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. 

C. Email: R10-Public_Comments@

epa.gov. 

D. Hand Delivery: EPA Region 10 

Mailroom, 9th Floor, 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101. 

Attention: Jeff Hunt, Office of Air, Waste 

and Toxics, AWT—107. Such deliveries 

are only accepted during normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2014– 

0343. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 


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comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information the disclosure of which is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Office of Air, Waste and 

Toxics, EPA Region 10, 1200 Sixth 

Avenue, Seattle, WA98101. 

FOR FURTHER INFORMATION CONTACT: For 

information on the major NNSR 

permitting program please contact 

Donna Deneen at (206) 553–6706 or 

deneen.donna@epa.gov. For information 

on the Washington SIP in general or the 

Tacoma-Pierce County PM2.5

nonattainment area, please contact Jeff 

Hunt at (206) 553–0256, hunt.jeff@

epa.gov, or by using the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Purpose of Proposed Action 

II. Background for Proposed Action 

III. Effect of the January 4, 2013 D.C. Circuit 

Decision Regarding PM2.5

Implementation Under Subpart 4 

IV. Washington SIP Revisions 

A. WAC 173–400–110, New Source Review 

(NSR) for Sources and Portable Sources; 

WAC 173–400–111, Processing Notice of 

Construction Applications for Sources, 

Stationary Sources and Portable Sources; 

and WAC 173–400–112 Requirements for 

New Sources in Nonattainment Areas— 

Review for Compliance With Regulations 

B. WAC 173–400–800, Major Stationary 

Source and Major Modification in a 

Nonattainment Area 

C. WAC 173–400–810, Major Stationary 

Source and Major Modification 

Definitions 

D. WAC 173–400–820, Determining If a 

New Stationary Source or Modification 

to a Stationary Source Is Subject to These 

Requirements 

E. WAC 173–400–830, Permitting 

Requirements 

F. WAC 173–400–840, Emission Offset 

Requirements 

G. WAC 173–400–850, Actual Emissions 

Plantwide Applicability Limitation 

(PAL) 

H. WAC 173–400–171, Public Notice and 

Opportunity for Public Comment and 

WAC 173–400–860, Public Involvement 

Procedures Public Involvement 

Procedures 

I. WAC 173–400–131, Issuance of Emission 

Reduction Credits and WAC 173–400– 

136, Use of Emission Reduction Credits 

(ERC) 

V. The EPA’s Proposed Action 

A. Rules To Approve Into the SIP 

B. Scope of Proposed Action 

VI. Statutory and Executive Order Reviews 

I. Purpose of Proposed Action 

The EPA is proposing approval of 

revisions to Washington’s SIP related to 

major NNSR that were submitted by 

Ecology on January 27, 2014. The 

revisions update the general air quality 

regulations that apply to sources within 

Ecology’s jurisdiction, including the 

minor new source review permitting 

program; regulations covering the major 

source Prevention of Significant 

Deterioration (PSD); and regulations 

covering major NNSR. On July 10, 2014 

(79 FR 39351) the EPA proposed to 

approve the general provisions 

contained in Chapter 173–400 of the 

Washington Administrative Code 

(WAC) that apply to all sources under 

Ecology’s permitting jurisdiction, as 

well as the minor source permitting 

program. In that first proposal, the EPA 

stated that we would act separately on 

the major source permitting programs. 

In this proposal, the second in the 

series, the EPA is proposing to approve 

the major source NNSR regulations 

contained in WAC 173–400–800 

through 173–400–860, as well as other 

parts of Chapter 173–400 WAC that 

support major NNSR. In a future 

proposal, the third in the series, the EPA 

will act on the remainder of Ecology’s 

January 27, 2014 submittal, covering the 

Prevention of Significant Deterioration 

(PSD) and visibility permitting 

requirements for major stationary 

sources. 

II. Background for Proposed Action 

On July 18, 1997, the EPA revised the 

NAAQS for particulate matter to add 

new standards for fine particles, using 

PM2.5 as the indicator. Previously, the 

EPA used PM10 (inhalable particles 

smaller than or equal to 10 micrometers 

in diameter) as the indicator for the 

particulate matter NAAQS. The EPA 

established health-based (primary) 

annual and 24-hour standards for PM2.5, 

setting an annual standard at a level of 

15 micrograms per cubic meter (mg/m3) 

and a 24-hour standard at a level of 65 

mg/m3 (62 FR 38652). At the time the 

1997 primary standards were 

established, the EPA also established 

welfare-based (secondary) standards 

identical to the primary standards. The 

secondary standards are designed to 

protect against major environmental 

effects of PM2.5, such as visibility 

impairment and materials damage. 

Washington had no areas violating the 

annual or 24-hour 1997 PM2.5 NAAQS at 

the time the standards were 

promulgated. 

On October 17, 2006, the EPA revised 

the primary and secondary PM2.5

NAAQS (71 FR 61236). In that 

rulemaking, the EPA reduced the 24- 

hour PM2.5 NAAQS to 35 mg/m3 and 

retained the existing annual PM2.5

NAAQS of 15 mg/m3. In 2009, as a result 

of the change in the 24-hour PM2.5

NAAQS from 65 mg/m3 to 35 mg/m3, the 

EPA designated part of Pierce County as 

nonattainment based on 2006–2008 

monitoring data (74 FR 58688, 

November 13, 2009). The Tacoma-Pierce 

County PM2.5 nonattainment area covers 

most of the greater Tacoma area and the 

surrounding communities within Pierce 

County’s urban growth area west of 

State Route 167 and is currently the 

only nonattainment area in Washington 

State. Finally, on December 14, 2012, 

the EPA reduced the primary annual 

PM2.5 NAAQS to 12 mg/m3 (78 FR 3086). 

However, the reduced annual PM2.5

NAAQS will likely have minimal 

impact on Washington or the TacomaPierce County PM2.5 nonattainment area 

because the State’s PM2.5 nonattainment 

problems are generally dominated by 

short-term 24-hour spikes associated 

with residential wood combustion 

during winter inversions, when stagnant 

air is trapped in low lying areas. 

On May 16, 2008, the EPA finalized 

a rule to implement the 1997 PM2.5

NAAQS, including changes to the New 

Source Review (NSR) program (the NSR 

PM2.5 Rule, 73 FR 28321). The 2008 NSR 

PM2.5 Rule revised the NSR program 

requirements to establish a framework 

for implementing preconstruction 

permit review for the PM2.5 NAAQS in 

both attainment and nonattainment 

areas. The 2008 NSR PM2.5 Rule also 

established the following NSR 

requirements to implement the PM2.5

NAAQS: (1) Required NSR permits to 

address directly emitted PM2.5 and 

precursor pollutants; (2) established 

significant emission rates for direct 

PM2.5 and precursor pollutants, 

including sulfur dioxide (SO2) and 

oxides of nitrogen (NOX); (3) established 

PM2.5 emission offsets for 

nonattainment areas; and (4) required 

states to account for gases that condense 

to form particles (condensables) in PM2.5

emission limits. The Ecology 

regulations, submitted to the EPA on 

January 27, 2014, were revised to 

address the requirements of the 2008 


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1 706 F.3d 428 (D.C. Cir. 2013). 

NSR PM2.5 rule, as well as to provide 

general updates that apply to all 

NAAQS. 

III. Effect of the January 4, 2013 DC 

Circuit Decision Regarding PM2.5

Implementation Under Subpart 4 

On January 4, 2013, the U.S. Court of 

Appeals for the District of Columbia 

Circuit, in Natural Resources Defense 

Council v. EPA1 issued a decision that 

remanded the EPA’s 2007 and 2008 

rules implementing the 1997 PM2.5

NAAQS. Relevant here, the 2008 NSR 

PM2.5 Rule promulgated NSR 

requirements for implementation of 

PM2.5 in both nonattainment areas and 

attainment/unclassifiable areas. The 

Court found that the EPA erred in 

implementing the PM2.5 NAAQS in 

these rules solely pursuant to the 

general implementation provisions of 

subpart 1 of part D of title I of the Clean 

Air Act, rather than pursuant to the 

additional implementation provisions 

specific to particulate matter 

nonattainment areas in subpart 4. The 

Court ordered the EPA to ‘‘repromulgate 

these rules pursuant to Subpart 4 

consistent with this opinion.’’ Id. at 437. 

On June 2, 2014, the EPA published 

a final rulemaking, Identification of 

Nonattainment Classification and 

Deadlines for Submission of State 

Implementation Plan (SIP) Provisions 

for the 1997 Fine Particle (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS) and 2006 PM2.5 NAAQS, that 

begins to address the remand (79 FR 

31566). The final rule classified all 

existing PM2.5 nonattainment areas as 

‘‘Moderate’’ nonattainment areas and set 

a deadline of December 31, 2014, for 

states to submit any SIP submissions, 

including nonattainment NSR SIPs, that 

may be necessary to satisfy the 

requirements of subpart 4, part D, title 

I of the CAA with respect to PM2.5

nonattainment areas. 

In a separate rulemaking process, the 

EPA is evaluating the requirements of 

subpart 4 as they pertain to 

nonattainment NSR for PM2.5 emissions. 

In particular, subpart 4 includes section 

189(e) of the CAA, which requires the 

control of major stationary sources of 

PM10 precursors ‘‘except where the 

Administrator determines that such 

sources do not contribute significantly 

to PM10 levels which exceed the 

standard in the area.’’ Under the Court’s 

decision in NRDC, section 189(e) of the 

CAA also applies to PM2.5. 

Ecology’s SIP submission included 

revisions to two definitions in Ecology’s 

nonattainment NSR program. The 

revised definition of ‘‘regulated NSR 

pollutant’’ at WAC 173–400–810(24) 

identifies precursors to both ozone and 

PM2.5 in nonattainment areas. With 

respect to PM2.5, the revised definition 

of ‘‘regulated NSR pollutant’’ at WAC 

173–400–810(24) identifies sulfur 

dioxide and nitrogen oxides as regulated 

PM2.5 precursors while volatile organic 

compounds (VOCs) and ammonia are 

not regulated PM2.5 precursors in PM2.5

nonattainment areas in the State. The 

revised definition of ‘‘significant’’ at 

WAC 173–400–810(27) adds significant 

emission rates for direct PM2.5 and for 

sulfur dioxide and nitrogen oxides as 

PM2.5 precursors. These revisions, 

although consistent with the 2008 NSR 

PM2.5 Rule developed in accordance 

with subpart 1 of the Act, may not 

contain the elements necessary to satisfy 

the Clean Air Act requirements when 

evaluated under the subpart 4 statutory 

requirements. In particular, Ecology’s 

submission does not include regulation 

of VOCs and ammonia as PM2.5

precursors, nor does it include a 

demonstration consistent with section 

189(e) showing that major sources of 

those precursor pollutants would not 

contribute significantly to PM2.5 levels 

exceeding the standard in the area. For 

these reasons, the EPA cannot conclude 

at this time that this part of Ecology’s 

nonattainment NSR submission satisfies 

all of the requirements of subpart 4 as 

they pertain to PM2.5 nonattainment 

NSR permitting. 

Although the revisions to Ecology’s 

nonattainment NSR rule may not 

contain all of the necessary elements to 

satisfy the CAA requirements when 

evaluated under the subpart 4 

provisions, the revisions themselves 

represent a strengthening of the 

currently-approved Washington SIP 

which does not address PM2.5 at all. As 

a result of the June 2014 final rule, 

Ecology will have until December 31, 

2014, to make any additional 

submission necessary to address the 

requirements of subpart 4, including 

addressing the PM2.5 precursors VOCs 

and ammonia. For these reasons, the 

EPA is proposing to approve the major 

NNSR revisions at WAC 173–400–800 

through 173–400–860, as further 

discussed below, without listing as a 

deficiency at this time the absence of 

either the regulation or evaluation of 

VOCs and ammonia as PM2.5 precursors. 

IV. Washington SIP Revisions 

A. WAC 173–400–110, New Source 

Review (NSR) for Sources and Portable 

Sources; WAC 173–400–111, Processing 

Notice of Construction Applications for 

Sources, Stationary Sources and 

Portable Sources; and WAC 173–400– 

112 Requirements for New Sources in 

Nonattainment Areas—Review for 

Compliance With Regulations 

As described in more detail in the 

EPA’s July 10, 2014 proposal, WAC 

173–400–110 through –112 are the 

starting point for any source seeking to 

construct a new source or modify an 

existing source in a nonattainment area 

under Ecology’s rules, whether major or 

minor. Specific provisions in these 

sections direct sources constructing a 

‘‘major’’ source or making a ‘‘major 

modification’’ to a ‘‘major’’ source in a 

nonattainment area to also comply with 

the requirements of WAC 173–400–800 

through –860. See, for example, WAC 

173–400–110(1)(d). As also discussed in 

that July 2014 action, the EPA’s review 

of WAC 173–400–110 through–112 

expressly did not include a 

determination that these revised 

regulations met requirements for 

approval of a SIP-approved major NNSR 

permitting program (40 CFR 51.165). In 

this action, we are proposing to approve 

WAC 173–400–110 through –112 for 

purposes of implementing the major 

NNSR permitting program because these 

provisions require compliance with 

WAC 173–400–800 through –860 

(which, as discussed below, are 

consistent with the CAA requirements 

for a major NNSR permitting program) 

and contain other related permit and 

permit processing provisions that are 

consistent with CAA requirements. 

B. WAC 173–400–800, Major Stationary 

Source and Major Modification in a 

Nonattainment Area 

As described in more detail in the 

EPA’s July 10, 2014 proposal, Ecology 

shares permitting jurisdiction with 

seven local clean air agencies and one 

other state agency, the Energy Facilities 

Site Evaluation Council (EFSEC). WAC 

173–400–800, in conjunction with WAC 

173–400–020, describes how Ecology’s 

nonattainment NSR regulations apply in 

the local and EFSEC jurisdictions. At 

this time, the EPA is proposing approval 

of WAC 173–400–800 through 173–400– 

860 only for those facilities subject to 

Ecology’s direct permitting jurisdiction. 

This includes all facilities located in 

Adams, Asotin, Chelan, Columbia, 

Douglas, Ferry, Franklin, Garfield, 

Grant, Kittitas, Klickitat, Lincoln, 

Okanogan, Pend Oreille, San Juan, 

Stevens, Walla Walla, and Whitman 


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Counties. It also included also includes 

kraft pulp mills, sulfite pulping mills, 

and primary aluminum plants, for 

which Ecology has direct state-wide 

permitting jurisdiction under the SIP 

approved provisions of WAC 173–405– 

012, WAC 173–410–012, and WAC 173– 

415–012. Ecology’s direct permitting 

jurisdiction includes the largest 

industrial source in the Tacoma-Pierce 

County PM2.5 nonattainment area, the 

kraft pulp mill owned by RockTenn 

(formerly Simpson Tacoma Kraft). The 

remaining facilities in the 

nonattainment area are subject to the 

Puget Sound Clean Air Agency’s 

permitting jurisdiction. The EPA 

intends to review and act upon Puget 

Sound Clean Air Agency’s 

nonattainment NSR regulations in a 

separate, future action. 

C. WAC 173–400–810, Major Stationary 

Source and Major Modification 

Definitions. 

Section 173–400–810 WAC 

incorporates the definitions contained 

in 40 CFR 51.165, the regulation that 

sets forth the requirements for SIPs for 

major NNSR. This includes important 

definitional changes made in the EPA’s 

2008 NSR PM2.5 Rule establishing SO2

and NOX as presumptive PM2.5

precursors, with significant emission 

rates of 40 tons per year (tpy) for each 

pollutant. It also includes significant 

emission rates for PM10 of 15 tpy and 

PM2.5 of 10 tpy, including gaseous 

emissions from a source or activity 

which condense to form particulate 

matter at ambient temperatures. This 

section makes clear that, in the case of 

a conflict between the definitions 

contained in WAC 173–400–810 and 

other parts of Chapter 173–400 WAC, 

the definitions of WAC 173–400–810 

apply to major NNSR. The EPA 

reviewed Ecology’s submission and is 

proposing to approve the definitions 

contained in WAC 173–400–810 as 

consistent with the EPA’s definitions 

contained in 40 CFR 51.165. 

D. WAC 173–400–820, Determining If a 

New Stationary Source or Modification 

to a Stationary Source Is Subject to 

These Requirements 

WAC 173–400–820 uses the emission 

calculations found in 40 CFR 51.165 to 

determine if a project in a 

nonattainment area is subject to major 

NNSR requirements due to an increase 

in its emissions. The EPA reviewed 

Ecology’s submission and is proposing 

to approve the emission calculations 

provisions contained in WAC 173–400– 

820 as consistent with 40 CFR 51.165(2). 

E. WAC 173–400–830, Permitting 

Requirements 

The majority of this section was part 

of the existing SIP at WAC 173–400–112 

(1993), Requirements for New Sources 

in Nonattainment Areas, which the EPA 

last approved in 1995 (60 FR 28726, 

June 2, 1995). Ecology moved the major 

source nonattainment NSR provisions to 

a new WAC 173–400–800 thorough 

173–400–860 for clarity to the public 

and regulated community. Ecology also 

incorporated other 40 CFR 51.165 

requirements which were added to 

regulation since the EPA’s last approval 

in 1995. The EPA reviewed WAC 173– 

400–830 and is proposing to determine 

that it is consistent with the SIPapproved provisions formerly contained 

in WAC 173–400–112 and the EPA’s 

permitting requirements contained in 40 

CFR 51.165. 

F. WAC 173–400–840, Emission Offset 

Requirements 

Under CAA section 173, all major 

sources and major modifications at 

existing major sources within a 

nonattainment area must obtain 

emissions reductions to offset any 

emissions increases of nonattainment 

pollutants resulting from the project in 

an amount that is at least equal to the 

emissions increase, and that is 

consistent with reasonable further 

progress towards attainment. The EPA 

refers to the proportional difference 

between the amount of required offsets 

to the amount of emissions increases as 

the ‘‘offset ratio.’’ The CAA specifies an 

offset ratio for several situations. In 

ozone nonattainment areas subject to 

subpart 2 (of title 1, part D of the CAA), 

the ratio is set between 1.1:1 and 1.5:1 

depending on the level of classification 

pursuant to subpart 2. For other 

nonattainment areas, the CAA 

establishes a minimum offset ratio of 

1:1. The EPA has reviewed Ecology’s 

offset program and ratios and is 

proposing to approve WAC 173–400– 

840 as consistent with the CAA. 

G. Section 173–400–850 WAC, Actual 

Emissions Plantwide Applicability 

Limitation (PAL) 

WAC 173–400–850 adopts by 

reference the plant-wide applicability 

limit process and requirements of 40 

CFR Part 51, Appendix S, with the 

minor clarifications to adapt Appendix 

S to Ecology’s permitting program. The 

EPA has reviewed WAC 173–400–850 

and is proposing to determine that it is 

consistent with 40 CFR Part 51, 

Appendix S. 

H. WAC 173–400–171, Public Notice 

and Opportunity for Public Comment 

and WAC 173–400–860, Public 

Involvement Procedures 

This section states that the public 

participation procedures contained in 

section 173–400–171 WAC, proposed 

for approval by the EPA on July 10, 

2014, shall be used for any major NNSR 

permit issued pursuant to WAC 173– 

400–830 or WAC 173–400–850. Public 

participation requirements for major 

NNSR permitting must be consistent 

with the requirements of 40 CFR 51.160 

and 161. See 40 CFR 51.165(f)(5). 

Having proposed to determine in our 

previous action that WAC 173–400–171 

is consistent with 40 CFR 51.160 and 

161 for purposes of minor NSR, we now 

propose to find that WAC 173–400–171 

and -860 meet CAA requirements for 

major NNSR. 

I. WAC 173–400–131, Issuance of 

Emission Reduction Credits and WAC 

173–400–136, Use of Emission 

Reduction Credits (ERC) 

WAC 173–400–131 and 173–400–136 

implement a program to issue emission 

reduction credits (ERC’s) useable for 

offsets required by the major NNSR 

permitting program and the attainment 

area offset provisions for major sources 

in WAC 173–400–113(4). ERC’s under 

this program may also be used as 

creditable emission reductions for 

netting purposes in the major NNSR and 

PSD permitting programs provided they 

meet the requirements set forth in the 

definitions of ‘‘major modification’’ in 

those programs. Since the EPA last 

approved Chapter 173–400 WAC, 

Ecology has revised these provisions to 

make them consistent with the EPA’s 

Final Emissions Trading Policy 

Statement, (51 FR 43814, December 4, 

1986) and 40 CFR 51.165 and 51.166. 

The EPA is therefore proposing to 

approve both WAC 173–400–131 and 

WAC 173–400–136 as consistent with 

the CAA but only for the purposes of 

implementing Washington’s major 

NNSR program. The EPA will take 

action on these provisions for purposes 

of Ecology’s PSD permitting program in 

a separate, future action. 

V. The EPA’s Proposed Action 

Consistent with the discussion above, 

the EPA proposes to approve the major 

NNSR revisions submitted by Ecology 

on January 27, 2014. The EPA plans to 

take action on the remaining provisions 

related to PSD and visibility permitting 

requirements for major stationary 

sources in a separate, future action. This 

action will result in proposed changes 


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Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Proposed Rules 43349 

to the Washington SIP in 40 CFR part 

52, subpart WW. 

A. Rules To Approve Into the SIP 

The EPA proposes to approve into the 

SIP at 40 CFR part 52, subpart WW, the 

Ecology regulations listed in Table 1. 

The EPA is also affirming that the July 

10, 2014 proposed approval of the 

general air quality regulations contained 

WAC 173–400–110 through -112 and 

WAC 173–400–171 meet the EPA’s 

requirements for major NNSR. 

TABLE 1—WASHINGTON STATE DEPARTMENT OF ECOLOGY REGULATIONS FOR PROPOSED APPROVAL

State citation Title/Subject 

State 

effective 

date 

Explanation 

Chapter 173–400 WAC, General Regulations for Air Pollution Sources 

173–400–131 .................................... Issuance of Emission Reduction Credits .................................................... 4/1/11 

173–400–136 .................................... Use of Emission Reduction Credits (ERC) ................................................. 12/29/12 

173–400–800 .................................... Major Stationary Source and Major Modification in a Nonattainment Area 4/1/11 

173–400–810 .................................... Major Stationary Source and Major Modification Definitions ...................... 12/29/12 

173–400–820 .................................... Determining if a New Stationary Source or Modification to a Stationary 

Source is Subject to these Requirements.

12/29/12 

173–400–830 .................................... Permitting Requirements ............................................................................. 12/29/12 

173–400–840 .................................... Emission Offset Requirements ................................................................... 12/29/12 

173–400–850 .................................... Actual Emissions Plantwide Applicability Limitation (PAL) ......................... 12/29/12 

173–400–860 .................................... Public Involvement Procedures .................................................................. 4/1/11 

B. Scope of Proposed Action 

As previously discussed in the EPA’s 

July 10, 2014 proposal regarding 

applicability under section 173–400– 

020 WAC, the EPA’s proposed approval 

at this time is limited to only those 

counties or sources where the 

Department of Ecology has direct 

jurisdiction. This proposed action 

excludes sources subject to EFSEC or 

local clean air agency jurisdiction. The 

counties where Ecology has direct 

jurisdiction are: Adams, Asotin, Chelan, 

Columbia, Douglas, Ferry, Franklin, 

Garfield, Grant, Kittitas, Klickitat, 

Lincoln, Okanogan, Pend Oreille, San 

Juan, Stevens, Walla Walla, and 

Whitman Counties. The EPA also notes 

that under the SIP approved provisions 

of WAC 173–405–012, WAC 173–410– 

012, and WAC 173–415–012, Ecology 

has statewide, direct jurisdiction for 

kraft pulp mills, sulfite pulping mills, 

and primary aluminum plants, 

including the RockTenn facility located 

in the Tacoma-Pierce County PM2.5

nonattainment area. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves the state’s law 

as meeting Federal requirements and 

does not impose additional 

requirements beyond those imposed by 

the state’s law. For that reason, this 

proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to the requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. The 

SIP is not approved to apply in Indian 

country located in the state, except for 

non-trust land within the exterior 

boundaries of the Puyallup Indian 

Reservation, also known as the 1873 

Survey Area. Under the Puyallup Tribe 

of Indians Settlement Act of 1989, 25 

U.S.C. 1773, Congress explicitly 

provided state and local agencies in 

Washington authority over activities on 

non-trust lands within the 1873 Survey 

Area and the EPA is therefore approving 

this SIP on such lands. Consistent with 

EPA policy, the EPA nonetheless 

provided a consultation opportunity to 

the Puyallup Tribe in a letter dated 

February 25, 2014. The EPA did not 

receive a request for consultation. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 16, 2014. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2014–17607 Filed 7–24–14; 8:45 am] 

BILLING CODE 6560–50–P 


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