[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Rules and Regulations]
[Pages 72548-72551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28588]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0790; FRL-9918-76-Region 10]


Approval and Promulgation of Air Quality Implementation Plans; 
Washington; Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency.

ACTION: Final rule; administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the 
materials that are incorporated by reference (IBR) into the Washington 
State Implementation Plan (SIP). The regulations affected by this 
update have been previously submitted by the Washington State 
Department of Ecology (Ecology) and approved by the EPA. In this 
action, the EPA is also notifying the public of a correction to a 
typographical error the IBR tables. This update affects the SIP 
materials that are available for public inspection at the National 
Archives and Records Administration (NARA), the Air and Radiation 
Docket and Information Center located at EPA Headquarters in 
Washington, DC, and the EPA Regional Office.

DATES: This action is effective December 8, 2014.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Environmental Protection Agency, Region 10, Office of Air, Waste, and 
Toxics (AWT-150), 1200 Sixth Avenue, Seattle, WA 98101; the Air and 
Radiation Docket and Information Center, Environmental Protection 
Agency, 1301 Constitution Avenue NW., Room Number 3334, EPA West 
Building, Washington, DC 20460; or the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, (206) 553-
0256, <a href="/cdn-cgi/l/email-protection#9ff7eaf1ebb1f5faf9f9dffaeffeb1f8f0e9"><span class="__cf_email__" data-cfemail="3b534e554f15515e5d5d7b5e4b5a155c544d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    The SIP is a living document which a state revises as necessary to 
address its unique air pollution problems. Therefore, the EPA from time 
to time, must take action on SIP revisions containing new and/or 
revised regulations as being part of the SIP. On May 22, 1997, the EPA 
revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between the EPA and the 
Office of the Federal Register (OFR) (62 FR 27968). The description of 
the revised SIP document, IBR procedures and ``Identification of plan'' 
format are discussed in further detail in the May 22, 1997 Federal 
Register document. On March 20, 2013, the EPA published a Federal 
Register beginning the new IBR procedure for Washington (78 FR 17108).
    Since the publication of the last IBR update, the EPA approved into 
the Washington SIP the regulatory changes listed below. The EPA also 
reorganized the content and order of the tables contained in 40 CFR 
52.2470 paragraph (c) ``EPA approved regulations'' in order to 
acknowledge the EPA's approval of Washington Administrative Code

[[Page 72549]]

(WAC) 173-400-020 which divides implementation of portions of the 
Washington SIP on a jurisdictional basis, with a corresponding effect 
on the air program agencies listed in Tables 4 through 10. This 
division of the Washington SIP on a jurisdictional basis is described 
in more detail in a final rulemaking published October 3, 2014 (79 FR 
59653).

A. Added Regulations

Table 1--Regulations Approved Statewide
    <bullet> Washington Administrative Code, Chapter 173-433--Solid 
Fuel Burning Device Standards, sections 173-433-140 (Criteria for 
Impaired Air Quality Burn Bans) and 173-433-155 (Criteria for 
Prohibiting the Use of Solid Fuel Burning Devices that Are Not 
Certified). For more information see 79 FR 26628 (May 9, 2014).
    <bullet> Washington Administrative Code, Chapter 173-476--Ambient 
Air Quality Standards, sections 173-476-010 (Purpose), 173-476-020 
(Applicability), 173-476-030 (Definitions), 173-476-100 (Ambient Air 
Quality Standard for PM-10), 173-476-110 (Ambient Air Quality Standards 
for PM-2.5), 173-476-120 (Ambient Air Quality Standard for Lead (Pb)), 
173-476-130 (Ambient Air Quality Standards for Sulfur Oxides (Sulfur 
Dioxide)), 173-476-140 (Ambient Air Quality Standards for Nitrogen 
Oxides (Nitrogen Dioxide)), 173-476-150 (Ambient Air Quality Standard 
for Ozone), 173-476-160 (Ambient Air Quality Standards for Carbon 
Monoxide), 173-476-170 (Monitor Siting Criteria), 173-476-180 
(Reference Conditions), and 173-476-900 (Table of Standards). For more 
information see 79 FR 12077 (March 4, 2014).
Table 2--Additional Regulations Approved for Washington Department of 
Ecology (Ecology) Direct Jurisdiction
    <bullet> Washington Administrative Code, Chapter 173-400--General 
Regulations for Air Pollution Sources, sections 173-400-036 (Relocation 
of Portable Sources), 173-400-111 (Processing Notice of Construction 
Applications for Sources, Stationary Sources and Portable Sources), 
173-400-118 (Designation of Class I, II, and III Areas), 173-400-175 
(Public Information), and 173-400-560 (General Order of Approval). For 
more information see 79 FR 59653 (October 3, 2014).
Table 6--Additional Regulations Approved for the Olympic Region Clean 
Air Agency (Orcaa) Jurisdiction
    <bullet> Rule 6.2 Outdoor Burning, sections 6.2.3 (No Residential 
or Land Clearing Burning), 6.2.6 (Curtailment), and 6.2.7 (Recreational 
Burning). For more information see 78 FR 61188 (October 3, 2013).
    <bullet> Rule 8.1 Wood Heating, sections 8.1.1 (Definitions), 8.1.2 
(b) and (c) (General Emission Standards), 8.1.3 (Prohibited Fuel 
Types), 8.1.4 (Curtailment), 8.1.5 (Exceptions), 8.1.7 (Sale and 
Installation of Uncertified Woodstoves), and 8.1.8 (Disposal of 
Uncertified Woodstoves). For more information see 78 FR 61188 (October 
3, 2013).
Table 7--Additional Regulations Approved for the Puget Sound Clean Air 
Agency (PSCAA) Jurisdiction
    <bullet> Regulation I--Article 13: Solid Fuel Burning Device 
Standards, section 13.06 (Emission Performance Standards). For more 
information see 78 FR 32131 (May 29, 2013).

B. Revised Regulations

Table 1--Regulations Approved Statewide
    <bullet> Washington Administrative Code, Chapter 173-433--Solid 
Fuel Burning Device Standards, sections 173-433-010 (Purpose), 173-433-
030 (Definitions), 173-433-100 (Emission Performance Standards), 173-
433-110 (Opacity Standards), 173-433-120 (Prohibited Fuel Types), and 
173-433-150 (Restrictions on Operation of Solid Fuel Burning Devices). 
For more information see 79 FR 26628 (May 9, 2014).
Table 2--Additional Regulations Approved for Washington Department of 
Ecology (Ecology) Direct Jurisdiction
    <bullet> Washington Administrative Code, Chapter 173-400--General 
Regulations for Air Pollution Sources, sections 173-400-020 
(Applicability), 173-400-030 (Definitions), 173-400-040 (General 
Standards for Maximum Emissions), 173-400-050 (Emission Standards for 
Combustion and Incineration Units), 173-400-060 (Emission Standards for 
General Process Units), 173-400-070 (Emission Standards for Certain 
Source Categories), 173-400-081 (Startup and Shutdown), 173-400-091 
(Voluntary Limits on Emissions), 173-400-105 (Records, Monitoring, and 
Reporting), 173-400-110 (New Source Review (NSR) for Sources and 
Portable Sources), 173-400-112 (Requirements for New Sources in 
Nonattainment Areas--Review for Compliance with Regulations), 173-400-
113 (New Sources in Attainment or Unclassifiable Areas--Review for 
Compliance with Regulations), 173-400-151 (Retrofit Requirements for 
Visibility Protection), 173-400-171 (Opportunity for Public Comment), 
and 173-400-200 (Creditable Stack Height and Dispersion Techniques). 
For more information see 79 FR 59653 (October 3, 2014).
Table 7--Additional Regulations Approved for the Puget Sound Clean Air 
Agency (PSCAA) Jurisdiction
    <bullet> Regulation I--Article 12: Standards of Performance for 
Continuous Emission Monitoring Systems, section 12.03 (Continuous 
Emission Monitoring Systems). For more information see 78 FR 57073 
(September 17, 2013).
    <bullet> Regulation I--Article 13: Solid Fuel Burning Device 
Standards, sections 13.01 (Policy and Purpose), 13.02 (Definitions), 
13.03 (Opacity Standards), 13.04 (Allowed and Prohibited Fuel Types), 
13.05 (Restrictions on Operation of Solid Fuel Burning Devices), and 
13.07 (Prohibitions on Wood Stoves that are not Certified Wood Stoves). 
For more information see 78 FR 32131 (May 29, 2013).
    <bullet> Regulation II--Article 1: Purpose, Policy, Short Title, 
and Definitions, section 1.05 (Special Definitions). For more 
information see 78 FR 57073 (September 17, 2013).
    <bullet> Regulation II--Article 3: Miscellaneous Volatile Organic 
Compound Emission Standards, section 3.04 (Motor Vehicle and Mobile 
Equipment Coating Operations). For more information see 78 FR 57073 
(September 17, 2013).

C. Removed Regulations

Table 1--Regulations Approved Statewide
    <bullet> Washington Administrative Code, Chapter 173-433--Solid 
Fuel Burning Device Standards, section 173-433-170 (Retail Sales Fee). 
For more information see 79 FR 26628 (May 9, 2014).
    <bullet> Washington Administrative Code, Chapter 173-470--Ambient 
Air Quality Standards for Particulate Matter, sections 173-470-010 
(Purpose), 173-470-020 (Applicability), 173-470-030 (Definitions), 173-
470-100 (Ambient Air Quality Standards), and 173-470-160 (Reporting of 
Data). For more information see 79 FR 12077 (March 4, 2014).
Table 2--Additional Regulations Approved for Washington Department of 
Ecology (Ecology) Direct Jurisdiction
    <bullet> Washington Administrative Code, Chapter 173-400--General 
Regulations for Air Pollution Sources, section 173-

[[Page 72550]]

400-100 (Registration). For more information see 79 FR 59653 (October 
3, 2014).
Table 7--Additional Regulations Approved for the Puget Sound Clean Air 
Agency (PSCAA) Jurisdiction
    <bullet> Regulation II--Article 3: Miscellaneous Volatile Organic 
Compound Emission Standards, section 3.11 (Coatings and Ink 
Manufacturing). For more information see 78 FR 57073 (September 17, 
2013).

D. Approved, But Not Incorporated by Reference Regulations

    As described in the proposed approval for the Thurston County 
second 10-year coarse particulate matter (PM<INF>10</INF>) limited 
maintenance plan, the EPA reviews and approves state submissions to 
ensure they provide adequate enforcement authority (78 FR 47259, August 
5, 2013). However, regulations describing agency enforcement authority 
are not incorporated into the SIP to avoid potential conflict with the 
EPA's independent authorities. The EPA originally erred in 
incorporating WAC 173-433-200, ``Regulatory Actions and Penalties'' by 
reference into the SIP. In the final approval of the Thurston County 
Second 10-year PM<INF>10</INF> Limited Maintenance Plan the EPA 
corrected this error by moving WAC 173-433-200 from 40 CFR 52.2470(c) 
EPA approved regulations to 40 CFR 52.2470(e) EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures (78 FR 61188, 
October 3, 2013).

E. Source-Specific Requirements

    The EPA modified 40 CFR 52.2470(d) to include the following source-
specific requirements: BP Cherry Point Refinery (Administrative Order 
No. 7836), Alcoa Intalco Works (Administrative Order No. 7837, Revision 
1), Tesoro Refining and Marketing Company (Administrative Order 7838), 
Port Townsend Paper Corporation (Administrative Order No. 7839, 
Revision 1), Lafarge North America, Inc. Seattle, Wa. (Administrative 
Revised Order No. 7841), and Weyerhaeuser Corporation, Longview, Wa. 
(Administrative Order No. 7840). For more information see 79 FR 33438 
(June 11, 2014).

II. EPA Action

    In this action, the EPA is announcing the update to the IBR 
material as of October 7, 2014. The EPA is also correcting a 
typographical error in paragraph 52.2470(c). In ``Table 2--Additional 
Regulations Approved for Washington Department of Ecology (Ecology) 
Direct Jurisdiction'' the EPA is correcting the entry for WAC 173-400-
050 to add 173-400-050(2) as an exception in the ``Explanations'' 
column.
    The EPA has determined that today's rule falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedures Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation and section 553(d)(3) 
which allows an agency to make a rule effective immediately (thereby 
avoiding the 30-day delayed effective date otherwise provided for in 
the APA). Today's rule simply codifies provisions which are already in 
effect as a matter of law in Federal and approved State programs. Under 
section 553 of the APA, an agency may find good cause where procedures 
are ``impractical, unnecessary, or contrary to the public interest.'' 
Public comment is ``unnecessary'' and ``contrary to the public 
interest'' since the codification only reflects existing law. Immediate 
notice in the CFR benefits the public by removing outdated citations 
and incorrect table entries.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (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 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:
    <bullet> 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);
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
    <bullet> does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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 this action does not involve technical standards; and
    <bullet> 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).

The SIP is not approved to apply on any Indian reservation land in 
Washington except as specifically noted below 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 as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law. Washington's SIP is approved to apply on 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.

B. Submission to Congress and the Comptroller General

    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 rule 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

[[Page 72551]]

C. Petitions for Judicial Review

    The EPA has also determined that the provisions of section 
307(b)(1) of the CAA pertaining to petitions for judicial review are 
not applicable to this action. Prior EPA rulemaking actions for each 
individual component of the Washington SIP compilations had previously 
afforded interested parties the opportunity to file a petition for 
judicial review in the United States Court of Appeals for the 
appropriate circuit within 60 days of such rulemaking action. Thus, the 
EPA sees no need in this action to reopen the 60-day period for filing 
such petitions for judicial review for this ``Identification of plan'' 
update action for Washington.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 22, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority for citation for part 52 continues to read as follows:

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

Subpart WW--Washington

0
2. Section 52.2470 is amended by:
0
a. Revising paragraph (b);
0
b. Revising paragraph (c), entry 173-400-050 in Table 2--Additional 
Regulations Approved for Washington Department of Ecology (Ecology) 
Direct Jurisdiction.
    The revised text read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (b) Incorporation by reference.
    (1) Material listed as incorporated by reference in paragraphs (c) 
and (d) of this section with an EPA approved date of October 7, 2014 
was approved for incorporation by reference by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
The material incorporated is as it exists on the date of the approval, 
and notice of any change in the material will be published in the 
Federal Register Entries in paragraphs (c) and (d) of this section with 
EPA approval dates on or after October 7, 2014 will be incorporated by 
reference in the next update to the SIP compilation.
    (2)(i) EPA Region 10 certifies that the rules and regulations 
provided by the EPA at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules and regulations which have been approved as part of the State 
Implementation Plan as of October 7, 2014.
    (ii) EPA Region 10 certifies that the following source-specific 
requirements provided by the EPA at the addresses in paragraph (b)(3) 
of this section are an exact duplicate of the officially promulgated 
State source-specific requirements which have been approved as part of 
the State Implementation Plan as of October 7, 2014.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region 10 Office at 1200 Sixth Ave, Seattle, WA 
98101. For further information, call (206) 553-0256; the EPA Air and 
Radiation Docket and Information Center, Room Number 3334, EPA West 
Building, 1301 Constitution Avenue NW., Washington, DC 20460. For 
further information, call (202) 566-1742; or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) * * *

   Table 2--Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction
 [Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat,
   Lincoln, Okanogan, Pend Oreille, San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities
     subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction. These regulations also apply
statewide for facilities subject to the applicability sections of WAC 173-405-012, WAC 173-410-012, and WAC 173-
                                                    415-012.]
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                                                     State effective
         State citation             Title/subject          date        EPA approval date       Explanations
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          Washington Administrative Code, Chapter 173-400_General Regulations for Air Pollution Sources
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                                                  * * * * * * *
173-400-050....................  Emission Standards        12/29/12   10/3/14, 79 FR      Except: 173-400-
                                  for Combustion                       59653.              050(2); 173-400-
                                  and Incineration                                         050(4); 173-400-
                                  Units.                                                   050(5).
 
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[FR Doc. 2014-28588 Filed 12-5-14; 8:45 am]
BILLING CODE 6560-50-P


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