41064 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 9, 2022. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements. 

Dated: June 30, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart B—Alabama 

§ 52.49 [Removed and Reserved] 

■ 2. Remove and reserve § 52.49. 

■ 3. In § 52.50(c), amend the table by 

revising the entry for ‘‘Section 335–3–8– 

.72’’ to read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ALABAMA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Section 335–3–8–.72 .............. NOX Budget Program Monitoring and Reporting.12/13/2021 7/11/2022, [Insert citation of 

publication].

* * * * * * * 

* * * * * 

[FR Doc. 2022–14538 Filed 7–8–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0751: FRL–9211–02– 

R10] 

Air Plan Approval; Washington; 

Yakima Regional Clean Air Agency, 

General Air Quality Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Washington State Implementation 

Plan (SIP) that were submitted by the 

Department of Ecology (Ecology) in 

coordination with the Yakima Regional 

Clean Air Agency (YRCAA). In 2014, 

2015, 2016, and 2020, the EPA approved 

revisions to the General Regulations for 

Air Pollution Sources promulgated by 

Ecology in the Washington 

Administrative Code (WAC). In this 

action, the EPA is approving an update 

to the SIP for YRCAA’s jurisdiction to 

reflect these changes to the WAC. We 

are also approving updates to certain 

YRCAA regulations currently in the SIP, 

removing obsolete regulations, and 

approving a small set of YRCAA 

regulations to replace or supplement the 

corresponding WAC regulations for 

sources in YRCAA’s jurisdiction. 

DATES: This final rule is effective August 

10, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2021–0751. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., 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 is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

at https://www.regulations.gov, or 

please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section for additional availability 

information. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, EPA Region 10, 1200 Sixth 

Avenue—Suite 155, Seattle, WA 98101, 

at (206) 553–0256, or hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

intended to refer to the EPA. 

I. Background Information 

On December 7, 2021, the EPA 

proposed to approve Washington’s 

October 14, 2021, SIP revision for 

YRCAA’s jurisdiction as meeting Clean 

Air Act (CAA) requirements (86 FR 

69200). The public comment period for 

the proposed action ended on January 6, 

2022. 

II. Response to Comments 

The EPA received three comments on 

the proposal. We have summarized and 

responded to the comments below. The 

full text of the submitted comments may 

be found in the docket for this action. 


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1Please see the docket for a redline/strikeout 

comparison of section 4.03 and WAC 173–400–091. 

Comment—Emission data, as defined 

by the EPA, and other data used in 

preparation of plans must be publicly 

available. 

Summary—A commenter requested 

confirmation that ‘‘emission data’’ is not 

entitled to confidential treatment under 

YRCAA Regulation 1, section 1.06 

Records. Specifically, subsection 

1.06(D) treats as confidential records 

‘‘any information, other than ambient 

air quality data or emission data’’ that 

is certified by an owner or operator as 

meeting certain requirements, subject to 

review by the agency. The commenter 

noted that Regulation 1 does not contain 

a definition of ‘‘emission data’’ and 

requested that YRCAA confirm that it 

will apply section 1.06 consistent with 

the EPA’s definition of ‘‘emissions data’’ 

in 40 CFR 2.301(a)(2). The commenter 

also states that Regulation 1 cannot 

exempt information that is ‘‘used in the 

preparation of each plan or plan 

revision,’’ citing to 40 CFR 51.116. The 

commenter gave as an example of such 

information the identification of a 

manufacturing process that is used to 

estimate emissions from the facility for 

purposes of an attainment plan, and 

notes that this is an example of emission 

data, which is not entitled to 

confidential treatment. 

Response—In response to the 

comment, the EPA has evaluated the 

commenter’s concern about the meaning 

of the term ‘‘emissions data’’ in 

subsection 1.06(D) and verified that the 

YRCCA uses this term consistent with 

CAA requirements. YRCAA has 

submitted a letter confirming that the 

agency interprets the term ‘‘emission 

data’’ consistent with the EPA’s 

definition of ‘‘emissions data’’ in 40 

CFR 2.301(a)(2). YRCAA’s letter notes 

that this interpretation is consistent 

with the language in YRCAA Regulation 

1, section 1.06 stating that the 

application of this provision is ‘‘to 

provide access to any information 

available under Federal or state law 

concerning the business of the agency.’’ 

Although inclusion of a specific 

definition of ‘‘emissions data’’ in section 

1.06 could be helpful, the EPA is relying 

on YRCAA’s confirmation of the 

meaning of this term as part of the basis 

for this action. A copy of YRCAA’s letter 

is included in the docket for this action. 

The EPA agrees that it is important to 

have clarity about the meaning of the 

term ‘‘emissions data’’ in SIPs. As a 

specific example of potential ambiguity 

about what is emissions data, the 

commenter states: ‘‘One example could 

be identification of a manufacturing 

process that is used to estimate 

emissions from the facility for purposes 

of an attainment plan. Even if the 

facility claims the identification of the 

manufacturing process is confidential, it 

is used in preparation of the plan and 

must be disclosed to the public.’’ The 

commenter then correctly notes that in 

this hypothetical scenario, if 

identification of the manufacturing 

process is in fact necessary information 

in order to estimate the emissions from 

the source, then this information is 

‘‘emissions data’’ under the EPA’s 

definition in 40 CFR 2.301(a)(2). The 

EPA agrees that any information that 

meets the definition of ‘‘emissions data’’ 

in 40 CFR 2.301(a)(2) must be available 

to the public and may not be treated as 

confidential information. 

It is unclear whether the commenter’s 

statement that ‘‘Regulation 1 cannot 

exempt information that is ‘used in the 

preparation of each plan or plan 

revision’’’ is limited to ‘‘emission data’’ 

used in the preparation of a plan or plan 

revision, or whether the commenter is 

making a broader statement that no 

information whatsoever used in 

preparation of a state implementation 

plan or plan revision may be treated as 

confidential and withheld from the 

public. To the extent the commenter is 

broadly asserting that no information 

used in preparation of a state 

implementation plan or plan revision 

may be treated as confidential, the EPA 

disagrees with that position. 

Section 114(d) of the CAA addresses 

the extent to which certain information 

obtained by the EPA under the CAA, 

including information used for the 

purpose of developing or assisting in the 

development of any implementation 

plan under section 110 of the CAA, is 

entitled to confidential treatment. There 

is nothing in 40 CFR part 2, subpart B 

or part 51, however, to suggest that the 

EPA intended to require states to make 

available to the public information used 

in the preparation of an implementation 

plan or plan revision that would be 

entitled to confidential treatment under 

section 114(d) of the CAA. As noted by 

the commenter, however, any such 

claims may not extend to ‘‘emission 

data,’’ as defined in 40 CFR 2.301(a)(2), 

which YRCAA has confirmed is the case 

under YRCAA Regulation 1, section 

1.06. We therefore are finalizing our 

proposal to approve section 1.06 into 

the SIP to replace WAC 173–400–175 

Public Information within YRCAA’s 

jurisdiction. 

Comment—The EPA must fully 

disclose the legal effects of its approval 

of section 4.03 ‘‘Voluntary Limits on 

Emissions’’. 

Summary—Section 4.03 Voluntary 

Limits on Emissions of YRCAA 

Regulation 1, states in subsection (A), 

‘‘Upon request by the owner or operator 

of a new or existing source or stationary 

source, the agency shall issue a 

regulatory order that limits the potential 

to emit any air contaminant or 

contaminants to a level agreed to by the 

owner or operator and the agency.’’ A 

commenter noted that the EPA had not 

stated in its proposed approval whether 

regulatory orders issued pursuant to 

section 4.03 can be enforced by the EPA 

under CAA section 113 or by citizens 

under CAA section 304. The commenter 

goes on to explain why it believes 

regulatory orders issued under YRCAA 

Region I, section 4.03 are enforceable by 

the EPA and citizens under the CAA. 

Response—YRCAA Regulation 1, 

section 4.03 is a nearly verbatim 

adaptation of the state regulation WAC 

173–400–091 Voluntary Limits on 

Emissions, which the EPA last approved 

on October 3, 2014 (79 FR 59653).1 In 

40 CFR 52.2495 Voluntary limits on 

potential to emit, the EPA explicitly 

stated that the terms and conditions of 

regulatory orders covering regulated 

new source review pollutants issued 

pursuant to WAC 173–400–091 shall be 

applicable requirements of the federallyapproved Washington SIP for the 

purposes of CAA section 113 and shall 

be enforceable by the EPA and by any 

person in the same manner as other 

requirements of the SIP. We interpret 40 

CFR 52.2495 to apply to any local clean 

air agency corollary regulation approved 

in lieu of WAC 173–400–091, as well as 

the Energy Facilities Site Evaluation 

Council’s adoption by reference of WAC 

173–400–091. We are revising 40 CFR 

52.2495 with this clarification to remove 

any ambiguity on this issue. With this 

clarification, we are finalizing our 

proposal to approve section 4.03 into 

the SIP to replace WAC 173–400–091 

Voluntary Limits on Emissions. 

Comment—A commenter questions 

whether the EPA should approve a SIP 

for a clean air agency when the 

commenter asserts there are ongoing 

complaints about the agency’s 

legitimacy. 

Summary—A commenter identifies 

what it considers to be numerous 

concerns with YRCAA agency 

leadership and program implementation 

and enforcement. The concerns include 

that the proposed SIP revision was not 

signed by all YRCAA board members, a 

board member rarely attends YRCAA 

board meetings, and that permitting 

decisions are made by staff and not 

board members. The letter also 

summarizes a recent request made by 

the commenter to the Yakima County 

Commissioners to dissolve the YRCAA. 


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The commenter summarized concerns 

raised in their dissolution request, 

including allegations that YRCAA does 

not address significant air pollution in 

a part of its jurisdiction that is an 

environmental justice community, that 

YRCAA has refused to acknowledge 

environmental justice, that YRCAA 

refused to investigate complaints 

regarding odor and dust when the 

source is animal agriculture, that 

YRCAA does not measure levels of 

ammonia, hydrogen sulfide, methane, 

oxygen, or other pollutants when 

citizens complain that they cannot 

breathe due to air pollution in their 

homes, that YRCAA ignores Washington 

laws regulating confined animal feeding 

operations and that YRCAA does not 

regulate dairies in Yakima County. 

Response— The commenter questions 

whether the EPA should approve a SIP 

for YRCAA because the commenter 

contends there are ongoing concerns 

about the legitimacy of the YRCAA and 

states that it has requested Yakima 

County to dissolve YRCAA. In response 

to those concerns, we note that YRCAA 

is established as a local air authority 

under Revised Code of Washington 

(RCW) 70A.15.1500 to 70A.15.2040 of 

the Washington Clean Air Act. The 

Washington Clean Air Act contains a 

mechanism for the state to investigate 

and address concerns with local air 

agency performance. Specifically, under 

RCW 70A.15.3100, the Department of 

Ecology ‘‘may, on its own motion, 

conduct a hearing held in accordance 

with chapters 42.30 and 34.05 RCW, to 

determine whether or not the air 

pollution prevention and control 

program of such authority is being 

carried out in good faith and is as 

effective as possible. If at such hearing 

the department finds that such authority 

is not carrying out its air pollution 

control or prevention program in good 

faith, is not doing all that is possible 

and reasonable to control and/or 

prevent air pollution within the 

geographical area over which it has 

jurisdiction, or is not carrying out the 

provisions of this chapter, it shall set 

forth in a report or order to the 

appropriate authority: (1) Its 

recommendations as to how air 

pollution prevention and/or control 

might be more effectively accomplished; 

and (2) guidelines which will assist the 

authority in carrying out the 

recommendations of the department.’’ 

In letters dated August 31, 2016 and 

April 8, 2019, included in the docket for 

this action, Ecology responded to past 

requests for formal review of YRCAA 

under RCW 70A.15.3100 (previously 

codified at RCW 70.94.405) from the 

commenter based on similar concerns 

raised by the commenter about the 

legitimacy of YRCAA. For the reasons 

set forth in the response letters, Ecology 

did not initiate a formal review of 

YRCAA under RCW 70A.15.3100. 

With respect to the specific proposed 

rulemaking update, the Washington 

Department of Ecology is the Governor’s 

designee for SIP revisions. In March 

2021, YRCAA submitted the revised 

rules to Ecology and requested Ecology 

submit them to the EPA for review and 

approval into the SIP. Ecology held two 

public comment periods from April 8, 

2021 to May 20, 2021 and July 30, 2021 

to August 6, 2021, with supplemental 

documentation. During the state public 

comment periods, the commenter, and 

other associated commenters, raised 

concerns similar to those raised during 

the EPA’s public comment period in 

this action. On October 4, 2021, 

Ecology’s Director, Laura Watson, as the 

Governor’s designee, reviewed the 

results of the public review process and 

made the determination to adopt the SIP 

revision and submit it to the EPA for 

review and approval. Ecology’s response 

to comments is included in the SIP 

revision and was reviewed by the EPA 

prior to our proposed approval. As 

Ecology notes in its responses, if 

Ecology does not submit the current 

YRCAA regulations to the EPA for 

review and approval, the YRCAA rules 

that were in place in 1989 would 

continue to be the rules that the EPA 

and the public can enforce in Federal 

court, and would not correspond to the 

rules YRCAA currently implements, 

creating uncertainty for the public, 

regulated community and regulatory 

agencies. We agree with that 

assessment. 

With respect to the EPA’s review of 

the more specific comments raised by 

this commenter during the public 

comment period in this action, many of 

the concerns, such as the regulation of 

odor and toxic air pollutants regulated 

under Chapter 173–460 WAC, are 

outside the scope of this action. The 

EPA’s authority to approve SIP 

submissions extends to provisions 

related to attainment and maintenance 

of the National Ambient Air Quality 

Standards through regulation of criteria 

pollutants and their precursors and 

carrying out other specific requirements 

of section 110 and Parts C and D of the 

CAA. To the extent that the commenter 

raises concerns regarding YRCAA’s 

regulation of precursors to criteria 

pollutants, such as ammonia and 

volatile organic compounds, none of the 

comments address a specific deficiency 

in a regulation that the EPA proposed to 

approve in this action. In this regard, we 

note that Yakima County is not 

designated nonattainment for any 

criteria pollutants and this SIP revision 

was not submitted to address any 

outstanding CAA Part D nonattainment 

requirements. 

With respect to the assertion that 

YRCAA ignores specified Washington 

laws with respect to confined animal 

feeding operations, the commenter does 

not explain the basis for its concerns 

with any specificity. Several of the 

provisions cited by the commenter are 

clearly outside the scope of this action: 

RCW 70.15.2270 (addressing fees under 

Washington’s title V operating permit 

program) and WAC 173–460 (toxic air 

pollutants). RCW 70A.15.1005 

(declaration of public policies and 

purpose), and RCW 70A.15.3150, 

(penalties) are broad, authorizing 

legislation, and the commenter does not 

explain how YRCAA is ignoring these 

statutes and how such an allegation 

relates to the EPA’s authority to approve 

the revisions and updates to the 

Washington SIP. RCW 70A.15.3050 

(emission control requirements) 

provides that local air authorities in 

Washington must generally have 

requirements for the control of 

emissions that are no less stringent than 

those adopted by the Washington 

Department of Ecology. The commenter 

does not explain with any specificity, 

however, how the YRCAA regulations 

that the EPA proposed to approve in 

this action are less stringent than 

Ecology’s regulations. In this regard, the 

EPA notes that it has proposed to 

approve subsection 3.08(B) Dust from 

Cattle Feeding Operations, which adds 

additional requirements to supplement 

the state requirements in WAC 173– 

400–040(9) Fugitive Dust. Because no 

equivalent requirements for dust control 

plans at cattle feeding operations exist 

in state or Federal regulations, 

subsection 3.08(B) Dust from Cattle 

Feeding Operations is SIPstrengthening. The commenter also cites 

to WAC 173–400–100, Washington’s 

registration requirements. This 

regulation, however, is not in the SIP. 

See 79 FR 39351 (July 10, 2014) at page 

39354. 

In summary, the commenter raises 

broad concerns about YRCAA program 

implementation and enforcement of air 

pollution control requirements but does 

not raise specific Regulation 1 

provisions for the EPA to address or 

specify any action the EPA should take 

differently with regards to the submitted 

regulations. 


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2This approval is with respect to the current area 

designations and classifications in the YRCAA 

jurisdiction only. New nonattainment designations 

trigger nonattainment NSR SIP revisions, among 

other area planning requirements. 

III. Final Action 

A. Regulations Approved and 

Incorporated by Reference Into the SIP 

The EPA is approving general air 

quality regulations for the YRCAA 

jurisdiction. These regulations impose 

new source review permitting 

requirements, source registration 

requirements, source testing procedures, 

public participation requirements, 

control measures for certain source 

categories such as dust control 

requirements, and other general 

provisions as necessary to implement 

the requirements above, such as 

definitions and procedures. Specifically, 

the EPA is approving and incorporating 

by reference into the Washington SIP at 

40 CFR 52.2470(c)—Table 10— 

Additional Regulations Approved for 

the Yakima Regional Clean Air Agency 

(YRCAA) Jurisdiction, the following 

YRCAA Regulation 1 sections effective 

November 11, 2020: 

• 1.01, 1.02, 1.03, 1.04, 1.06, 1.07, 

2.04, 3.01, 3.08, 4.01, 4.03, Appendix A, 

and Appendix B. 

The EPA is also approving and 

incorporating by reference the following 

Chapter 173–400 WAC sections (state 

effective as of the date shown below) 

that YRCAA and Ecology submitted to 

apply within YRCAA’s jurisdiction: 

• 173–400–020 (12/29/2012), 173– 

400–025 (9/16/2018), 173–400–030 (9/ 

16/2018), 173–400–036 (12/29/2012), 

173–400–040 (9/16/2018), 173–400–050 

(9/16/2018), 173–400–060 (11/25/2018), 

173–400–105 (11/25/2018), 173–400– 

110 (12/29/2012), 173–400–111 (07/01/ 

2016), 173–400–112 (12/29/2012), 173– 

400–113 (12/29/2012), 173–400–117 

(12/29/2012), 173–400–118 (12/29/ 

2012), 173–400–131 (4/1/2011), 173– 

400–136 (4/1/2011), 173–400–151 (2/10/ 

2005), 173–400–171 (9/16/2018), 173– 

400–200 (2/10/2005), 173–400–560 (12/ 

29/2012), 173–400–800 (4/1/2011), 173– 

400–810 (07/01/2016), 173–400–820 

(12/29/2012), 173–400–830 (07/01/ 

2016), 173–400–840 (07/01/2016), 173– 

400–850 (07/01/2016), and 173–400– 

860 (4/1/2011). 

Please see the amendatory text for 

more detailed information about the 

provisions submitted and approved in 

this action, including local agency 

corollaries which replace certain 

Chapter 173–400 WAC provisions and 

exclusions to our approval. 

B. Approved But Not Incorporated by 

Reference Regulations 

In addition to the regulations 

approved and incorporated by reference 

described in section III.A. of this 

preamble, the EPA reviews and 

approves state and local clean air 

agency submissions to ensure they 

provide adequate enforcement authority 

and other general authority to 

implement and enforce the SIP. 

However, regulations describing such 

agency enforcement and other general 

authority are generally not incorporated 

by reference so as to avoid potential 

conflict with the EPA’s independent 

authorities. Therefore, we are approving 

the following updates to YRCAA’s 

general provisions for inclusion in 40 

CFR 52.2470(e), Table 1—Approved but 

Not Incorporated by Reference 

Regulations: YRCAA Regulation 1, 

sections 1.05, 2.01, 2.02, 2.05, 5.01, 

5.02, and 5.03. 

C. Regulations To Remove From the SIP 

YRCAA and Ecology’s October 14, 

2021, submittal included a request to 

remove several obsolete provisions from 

the SIP and to remove other provisions 

that are not required SIP elements under 

CAA section 110. As discussed in the 

proposal for this action, we are 

removing former section 1.03 which was 

replaced by Appendix A; former section 

2.03 which was replaced by the 

provisions of section 1.07; former 

section 2.04 which was replaced by the 

provisions of section 1.06; former 

section 5.10 which was repealed 

effective May 1, 2000; former section 

5.12 which was replaced by section 3.08 

and WAC 173–400–040; former sections 

13.01, 13.02, and 13.03 which were 

replaced by the provisions of section 

2.02; former section 12.01 which was 

replaced by section 2.03 and is not a 

required SIP element; and former 

sections 3.11, 4.02, 4.03, 5.06, 5.07, 

5.08, and 5.11, for which YRCAA is now 

relying on Chapter 173–400 WAC. We 

are also removing from 40 CFR 

52.2470(c) the former sections 2.02, 

2.05, 3.01, 3.02, 3.03, 3.04, 8.01, 8.02, 

8.03, 8.04, and 8.05, related to local 

agency enforcement and other general 

authority, now consolidated in sections 

1.05, 2.01, 2.02, 2.05, 5.01, 5.02, and 

5.03 approved in 40 CFR 52.2470(e), 

Table 1—Approved But Not 

Incorporated By Reference Regulations. 

We are removing from the SIP Chapter 

173–400 WAC provisions approved by 

the EPA on June 2, 1995 (60 FR 28726) 

that we are replacing with the local 

agency corollaries. These provisions are 

WAC 173–400–010 (replaced by section 

1.03), 173–400–091 (replaced by section 

4.03), and 173–400–100 (replaced by 

section 4.01). 

D. Scope of Proposed Action 

This revision to the SIP applies 

specifically to the YRCAA jurisdiction 

incorporated into the SIP at 40 CFR 

52.2470(c), Table 10. As discussed in 

our proposal, local air agency 

jurisdiction in Washington is generally 

defined on a geographic basis; however, 

there are exceptions. By statute, YRCAA 

does not have authority for sources 

under the jurisdiction of the Energy 

Facilities Site Evaluation Council 

(EFSEC). See Revised Code of 

Washington Chapter 80.50. Under the 

applicability provisions of WAC 173– 

405–012, 173–410–012, and 173–415– 

012, YRCAA also does not have 

jurisdiction for kraft pulp mills, sulfite 

pulping mills, and primary aluminum 

plants. For these sources, Ecology 

retains statewide, direct jurisdiction. 

Ecology and EFSEC also retain 

statewide, direct jurisdiction for issuing 

Prevention of Significant Deterioration 

(PSD) permits. Therefore, the EPA is not 

approving into 40 CFR 52.2470(c), Table 

10 those provisions of Chapter 173–400 

WAC related to the PSD program. 

Specifically, these provisions are WAC 

173–400–116 and WAC 173–400–700 

through 173–400–750, which the EPA 

has already approved as applying statewide under 40 CFR 52.2470(c), Tables 2 

and 3. 

Jurisdiction to implement the 

visibility permitting program contained 

in WAC 173–400–117 varies depending 

on the situation. Ecology and EFSEC 

retain authority to implement WAC 

173–400–117 as it relates to PSD 

permits. However, for facilities subject 

to major nonattainment new source 

review (NSR) under the applicability 

provisions of WAC 173–400–800, we are 

approving YRCAA’s implementation of 

those parts of WAC 173–400–117 as 

they relate to major nonattainment NSR 

permits.2 Therefore, we are modifying 

the visibility protection Federal 

Implementation Plan contained in 40 

CFR 52.2498 to reflect the approval of 

WAC 173–400–117 as it applies to 

implementation of the major 

nonattainment NSR program in 

YRCAA’s jurisdiction. 

Lastly, this SIP revision is not 

approved to apply on any Indian 

reservation land within Yakima County 

and is also not approved to apply in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, we are finalizing the incorporation 


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3 62 FR 27968 (May 22, 1997). 

by reference of certain provisions as 

described in section III.A. and removing 

provisions from the SIP as described in 

section III.C. of this preamble. The EPA 

has made, and will continue to make, 

materials incorporated by reference 

generally available through https://

www.regulations.gov and at the EPA 

Region 10 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally-enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rule of the 

EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.3

V. 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, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this final 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 final action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 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). 

This SIP revision is not approved to 

apply on any Indian reservation land 

within Yakima County and is also not 

approved to apply in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Consistent with EPA policy, the EPA 

provided an opportunity to request 

consultation to the Confederated Tribes 

and Bands of the Yakama Nation in a 

letter dated April 5, 2021. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 9, 

2022. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: June 28, 2022. 

Casey Sixkiller, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart WW—Washington 

■ 2. In § 52.2470 amend: 

■ a. Paragraph (c) by revising ‘‘Table 

10’’; and 

■ b. Paragraph (e) by adding a new 

heading for ‘‘Yakima Regional Clean Air 

Agency Regulations’’ and adding new 

entries ‘‘1.05’’, ‘‘2.01’’, ‘‘2.02’’, ‘‘2.05’’, 

‘‘5.01’’, ‘‘5.02’’, and ‘‘5.03’’ at the end of 

Table 1. 

The additions and revisions read as 

follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 41069 

TABLE 10—ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL CLEAN AIR AGENCY (YRCAA) 

JURISDICTION

[Applicable in Yakima county, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction; facilities subject to the 

Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 173–410, and 173–415 Washington Administrative Code 

(WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of WAC 173–400–700.] 

State/local 

citation Title/subject 

State/local 

effective 

date 

EPA approval 

date Explanations 

Yakima Regional Clean Air Agency Regulations 

Article 1—General Administrative Provisions 

1.01 ................ Name of Agency .......................... 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

1.02 ................ Short Title ..................................... 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

1.03 ................ Policy ............................................ 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].Except sub-section H. Replaces WAC 173–400–010. 

1.04 ................ Applicability .................................. 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

1.06 ................ Records ........................................ 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].Replaces WAC 173–400–175. 

1.07 ................ General Provisions ....................... 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].Replaces WAC 173–400–105(6) & (8). 

Article 2—General Regulations 

2.04 ................ Public Participation in Permitting 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

Article 3—Rules 

3.01 ................ General Rules .............................. 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].Except sub-section D. 

3.04 ................ Wood Heaters .............................. 11/09/20 1/24/22, 87 FR 

3435.

3.05 ................ Burn Bans .................................... 11/09/20 1/24/22, 87 FR 

3435.

3.08 ................ Specific Dust Controls .................. 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].Except sub-sections 3.08(A)(3)(b) and 3.08(B)(3). 


khammond on DSKJM1Z7X2PROD with RULES
41070 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 

TABLE 10—ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL CLEAN AIR AGENCY (YRCAA) 

JURISDICTION—Continued 

[Applicable in Yakima county, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction; facilities subject to the 

Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 173–410, and 173–415 Washington Administrative Code 

(WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of WAC 173–400–700.] 

State/local 

citation Title/subject 

State/local 

effective 

date 

EPA approval 

date Explanations 

Article 4—Permits and Registration 

4.01 ................ Registration Program ................... 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].Excluding any provisions related to the regulation of 

Toxic Air Pollutants. 

4.03 ................ Voluntary Limits on Emissions ..... 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].Replaces WAC 173–400–091 (state effective 4/1/11). 

The 9/20/93 version of WAC 173–400–091 continues to be approved under the authority of CAA 

Section 112(l) with respect to Section 112 hazardous air pollutants. See the Federal Register of 

June 2, 1995). 

Article V—Emissions Standards and Preventative Measures 

5.01 ................ Outdoor Burning ........................... 12/15/95 2/2/98, 63 FR 

5269.

Subsections 5.01–5.05 (state effective 12/15/95) were 

subsequently consolidated and renumbered to subsection 3.03 which will be addressed in a separate 

action. 

5.02 ................ Regulations Applicable to all Outdoor Burning.12/15/95 2/2/98, 63 FR 

5269.

Subsections 5.01–5.05 (state effective 12/15/95) were 

subsequently consolidated and renumbered to subsection 3.03 which will be addressed in a separate 

action. 

5.03 ................ Regulations Applicable to all Outdoor Burning within Jurisdiction 

of the Yakima County Clean Air 

Authority, Local Cities, Towns, 

Fire Protection Districts and 

Conservation Districts.

12/15/95 2/2/98, 63 FR 

5269.

Subsections 5.01–5.05 (state effective 12/15/95) were 

subsequently consolidated and renumbered to subsection 3.03 which will be addressed in a separate 

action. 

5.04 ................ Regulations Applicable to Permits 

Issued by the Yakima County 

Clean Air Authority for all Other 

Outdoor Burning.

12/15/95 2/2/98, 63 FR 

5269.

Subsections 5.01–5.05 (state effective 12/15/95) were 

subsequently consolidated and renumbered to subsection 3.03 which will be addressed in a separate 

action. 

5.05 ................ Additional Restrictions on Outdoor Burning.12/15/95 2/2/98, 63 FR 

5269.

Subsections 5.01–5.05 (state effective 12/15/95) were 

subsequently consolidated and renumbered to subsection 3.03 which will be addressed in a separate 

action. 

Appendices 

Appendix A .... Definitions of Words and Phrases 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

Appendix B .... Definitions of Acronyms and Abbreviations.11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

Washington Department of Ecology Regulations 

Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources 

173–400–020 Applicability .................................. 12/29/12 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–025 Adoption of Federal Rules ........... 9/16/18 7/11/22, [INSERT FEDERAL REGISTER CITATION].


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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 41071 

TABLE 10—ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL CLEAN AIR AGENCY (YRCAA) 

JURISDICTION—Continued 

[Applicable in Yakima county, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction; facilities subject to the 

Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 173–410, and 173–415 Washington Administrative Code 

(WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of WAC 173–400–700.] 

State/local 

citation Title/subject 

State/local 

effective 

date 

EPA approval 

date Explanations 

173–400– 

030(24).

Definitions ..................................... 3/22/91 6/2/95, 60 FR 

28726.

173–400–030 Definitions ..................................... 9/16/18 7/11/22, [INSERT FEDERAL REGISTER CITATION].Except: 173–400–030(6); 173–400–030(32); 173– 

400–030(38); 173–400–030(45); 173–400–030(83); 

173–400–030(89); 173–400–030(96); 173–400– 

030(97); 173–400–030(100); 173–400–030(103); 

173–400–030(104). 

173–400–036 Relocation of Portable Sources ... 12/29/12 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400– 

040(1)(a) & 

(b).

General Standards for Maximum 

Emissions.

3/22/91 6/2/95, 60 FR 

28726.

Subsections 173–400–040(1)(a)&(b) (state effective 3/ 

22/91) were subsequently revised and renumbered 

to subsection 173–400–040(2) which will be addressed in a separate action. 

173–400–040 General Standards for Maximum 

Emissions.

9/16/18 7/11/22, [INSERT FEDERAL REGISTER CITATION].Except: 173–400–040(2); 173–400–040(3); 173–400– 

040(5); 

173–400–050 Emission Standards for Combustion and Incineration Units.9/16/18 7/11/22, [INSERT FEDERAL REGISTER CITATION].Except: 173–400–050(2); 173–400–050(4); 173–400– 

050(5); 173–400–050(6). 

173–400–060 Emission Standards for General 

Process Units.

11/25/18 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–070 Emission Standards for Certain 

Source Categories.

3/22/91 6/2/95, 60 FR 

28726.

Except (7). 

173–400–081 Startup and Shutdown ................. 9/20/93 6/2/95, 60 FR 

28726.

173–400–105 Records, Monitoring and Reporting.11/25/18 7/11/22, [INSERT FEDERAL REGISTER CITATION].Except 173–400–105(6) & (8). 

173–400–107 Excess Emissions ........................ 9/20/93 6/2/95, 60 FR 

28726.

173–400–110 New Source Review (NSR) for 

Sources and Portable Sources.

12/29/12 7/11/22, [INSERT FEDERAL REGISTER CITATION].Except: 173–400–110(1)(c)(ii)(C); 173–400–110(1)(e); 

173–400–110(2)(d); The part of WAC 173–400– 

110(4)(b)(vi) that says, 

• ‘‘not for use with materials containing toxic air 

pollutants, as listed in chapter 173–460 WAC,’’; 

The part of 400–110 (4)(e)(iii) that says, 

• ‘‘where toxic air pollutants as defined in chapter 

173–460 WAC are not emitted’’; The part of 

400–110(4)(f)(i) that says, 

• ‘‘that are not toxic air pollutants listed in chapter 173–460 WAC’’; The part of 400–110 

(4)(h)(xviii) that says, 

• ‘‘, to the extent that toxic air pollutant gases as 

defined in chapter 173–460 WAC are not emitted’’; The part of 400–110 (4)(h)(xxxiii) that 

says, 

• ‘‘where no toxic air pollutants as listed under 

chapter 173–460 WAC are emitted’’; The part 

of 400–110(4)(h)(xxxiv) that says, 

• ‘‘, or ≤1% (by weight) toxic air pollutants as listed in chapter 173–460 WAC’’; The part of 400– 

110(4)(h)(xxxv) that says, 


khammond on DSKJM1Z7X2PROD with RULES
41072 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 

TABLE 10—ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL CLEAN AIR AGENCY (YRCAA) 

JURISDICTION—Continued 

[Applicable in Yakima county, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction; facilities subject to the 

Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 173–410, and 173–415 Washington Administrative Code 

(WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of WAC 173–400–700.] 

State/local 

citation Title/subject 

State/local 

effective 

date 

EPA approval 

date Explanations 

• ‘‘or ≤1% (by weight) toxic air pollutants’’; The 

part of 400–110(4)(h)(xxxvi) that says, 

• ‘‘or ≤1% (by weight) toxic air pollutants as listed 

in chapter 173–460 WAC’’; 400–110(4)(h)(xl), 

second sentence; The last row of the table in 

173–400–110(5)(b) regarding exemption levels 

for Toxic Air Pollutants. 

173–400–111 Processing Notice of Construction 

Applications for Sources, Stationary.

07/01/16 7/11/22, [INSERT FEDERAL REGISTER CITATION].Except: 173–400–111(3)(h); The part of 173–400– 

111(8)(a)(v) that says, 

• ‘‘and 173–460–040,’’; 173–400–111(9). 

173–400–112 Requirements for New Sources in 

Nonattainment Areas—Review 

for Compliance with Regulations.

12/29/12 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–113 New Sources in Attainment or 

Unclassifiable Areas—Review 

for Compliance with Regulations.

12/29/12 7/11/22, [INSERT FEDERAL REGISTER CITATION].Except: 173–400–113(3), second sentence. 

173–400–117 Special Protection Requirements 

for Federal Class I Areas.

12/29/12 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–118 Designation of Class I, II, and III 

Areas.

12/29/12 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–131 Issuance of Emission Reduction 

Credits.

4/1/11 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–136 Use of Emission Reduction Credits (ERC).12/29/12 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–151 Retrofit Requirements for Visibility 

Protection.

2/10/05 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–161 Compliance Schedules ................ 3/22/91 6/2/95, 60 FR 

28726.

173–400–171 Public Notice and Opportunity for 

Public Comment.

9/16/18 7/11/22, [INSERT FEDERAL REGISTER CITATION].Except: The part of 173–400–171(3)(b) that says, 

• ‘‘or any increase in emissions of a toxic air pollutant above the acceptable source impact level 

for that toxic air pollutant as regulated under 

chapter 173–460 WAC’’; 173–400–171(3)(o); 

173–400–171(12). 

173–400–190 Requirements for Nonattainment 

Areas.

3/22/91 6/2/95, 60 FR 

28726.

173–400–200 Creditable Stack Height and Dispersion Techniques.2/10/05 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–205 Adjustment for Atmospheric Conditions.3/22/91 6/2/95, 60 FR 

28726.


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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 41073 

TABLE 10—ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL CLEAN AIR AGENCY (YRCAA) 

JURISDICTION—Continued 

[Applicable in Yakima county, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction; facilities subject to the 

Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 173–410, and 173–415 Washington Administrative Code 

(WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of WAC 173–400–700.] 

State/local 

citation Title/subject 

State/local 

effective 

date 

EPA approval 

date Explanations 

173–400–210 Emission Requirements of Prior 

Jurisdictions.

3/22/91 6/2/95, 60 FR 

28726.

173–400–560 General Order of Approval ........... 12/29/12 7/11/22, [INSERT FEDERAL REGISTER CITATION].Except: The part of 173–400–560(1)(f) that says, 

‘‘173–460 WAC’’. 

173–400–800 Major Stationary Source and 

Major Modification in a Nonattainment Area.

4/1/11 7/11/22, [INSERT FEDERAL REGISTER CITATION].EPA did not review WAC 173–400–800 through 860 

for consistency with the 2016 PM2.5 implementation 

rule (see the Federal Register of August 24, 2016); 

nor does YRCAA have an obligation to submit rule 

revisions to address the 2016 PM2.5 implementation 

rule at this time. 

173–400–810 Major Stationary Source and 

Major Modification Definitions.

7/1/16 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–820 Determining if a New Stationary 

Source or Modification to a Stationary Source is Subject to 

these Requirements.

12/29/12 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–830 Permitting Requirements .............. 7/1/16 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–840 Emission Offset Requirements .... 7/1/16 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–850 Actual Emissions Plantwide Applicability Limitation (PAL).7/1/16 7/11/22, [INSERT FEDERAL REGISTER CITATION].

173–400–860 Public Involvement Procedures ... 4/1/11 7/11/22, [INSERT FEDERAL REGISTER CITATION].

* * * * * (e) * * * 

TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS

State/local 

citation Title/subject State/local effective date EPA approval date Explanations 

*******

Yakima Regional Clean Air Agency Regulations 

1.05 ................ Roles and Responsibilities ............................. 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

2.01 ................ Authority and Investigation ............................. 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

2.02 ................ Authority to Collect Fees ................................ 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].


khammond on DSKJM1Z7X2PROD with RULES
41074 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 

1A ‘‘fuel burning unit’’ is defined as ‘‘each unit, 

or any combination of units discharging to a 

common stack used for the burning of fuel or other 

combustible material for the primary purpose of 

utilizing the thermal energy released.’’ This 

definition is included in the Delaware SIP at 40 

CFR 52.420(c). 

TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS—Continued 

State/local 

citation Title/subject State/local effective date EPA approval date Explanations 

2.05 ................ Appeals ........................................................... 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

5.01 ................ General Information ........................................ 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

5.02 ................ Additional or Alternative Enforcement Actions 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

5.03 ................ Penalties ......................................................... 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

* * * * * 

■ 3. Amend § 52.2495 by revising 

paragraph (a) to read as follows: 

§ 52.2495 Voluntary limits on potential to 

emit. 

(a) Terms and conditions of regulatory 

orders covering regulated NSR 

pollutants (as defined in 40 CFR 

52.21(b)), 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 for 

the purposes of section 113 of the Clean 

Air Act and shall be enforceable by the 

EPA and by any person in the same 

manner as other requirements of the 

SIP. Such 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 40 

CFR 51.326. This includes any local 

clean air agency corollary approved by 

the EPA to act in lieu of WAC 173–400– 

091 or the adoption by reference of 

WAC 173–400–091 by any state or local 

agency. The EPA-approved provisions 

of the WAC are identified in 40 CFR 

52.2470(c). 

* * * * * 

■ 4. Amend § 52.2498 by revising 

paragraph (a)(1) to read as follows: 

§ 52.2498 Visibility protection. 

(a) * * * 

(1) Sources subject to the jurisdiction 

of Olympic Region Clean Air Agency; 

* * * * * 

[FR Doc. 2022–14389 Filed 7–8–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0204; FRL–9440–02– 

R3] 

Air Plan Approval; Delaware; Sulfur 

Content of Fuel Oil 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the State of Delaware. The 

revision pertains to the reduction of the 

maximum allowable sulfur content limit 

for distillate fuels, from a current limit 

of 3000 parts per million (ppm) (0.3% 

by weight) to 15 ppm (0.0015% by 

weight) and residential fuels from a 

current limit of 1.0% by weight to 0.5% 

by weight. This revision also adds 

requirements for sampling and testing 

along with certification and 

recordkeeping. Additionally, start up, 

shut down and malfunction provisions 

that were previously included in the 

Delaware SIP have been removed in this 

revision. EPA has determined that such 

removal corrects a deficiency identified 

in the June 12, 2015, SIP call issued to 

Delaware. EPA is approving the revision 

to the Delaware SIP in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective August 

10, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0204. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) or other information 

whose disclosure 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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Mallory Moser, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2030. Ms. Moser can also be 

reached via electronic mail at 

moser.mallory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 28, 2022 (87 FR 4528), 

EPA published a notice of proposed 

rulemaking (NPRM) for the State of 

Delaware which proposed to approve a 

revision to Title 7 of Delaware’s 

Administrative Code (7 DE Admin. 

Code) 1108—Sulfur Dioxide Emissions 

from Fuel Burning Equipment into the 

Delaware SIP. The revision will reduce 

the amount of sulfur in fuel oils used in 

fuel burning units.1 The revised 

regulation also establishes the date of 

compliance and adds necessary record 

keeping and recording provisions to 

ensure compliance with the regulation. 

Additionally, the revision removes start 

up, shut down and malfunction 

provisions that were previously 

included in the Delaware SIP. The 

formal SIP revision was submitted by 

Delaware on July 10, 2013, and 

amended on August 19, 2016, by a 

supplemental letter from Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

withdrawing a portion of Section 3.0 of 

7 DE Admin. Code 1108. The letter is 


khammond on DSKJM1Z7X2PROD with RULES