Rule2022-14389
Air Plan Approval; Washington; Yakima Regional Clean Air Agency, General Air Quality Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 11, 2022
Effective
August 10, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 131 (Monday, July 11, 2022)</title>
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[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Rules and Regulations]
[Pages 41064-41074]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14389]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#b3dbc6ddc79dd9d6d5d5f3d6c3d29dd4dcc5"><span class="__cf_email__" data-cfemail="224a574c560c48474444624752430c454d54">[email protected]</span></a>.
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.
[[Page 41065]]
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 federally-
approved 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.
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\1\ Please see the docket for a redline/strikeout comparison of
section 4.03 and WAC 173-400-091.
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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.
[[Page 41066]]
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 SIP-strengthening. 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.
[[Page 41067]]
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:
<bullet> 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:
<bullet> 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 state-wide 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.
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\2\ This 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.
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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
[[Page 41068]]
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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\
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\3\ 62 FR 27968 (May 22, 1997).
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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:
<bullet> 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);
<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 (Pub. L. 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 application of those requirements would be inconsistent
with the CAA; 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).
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
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
0
2. In Sec. 52.2470 amend:
0
a. Paragraph (c) by revising ``Table 10''; and
0
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:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
[[Page 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
State/local citation Title/subject 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 Except sub-section H.
FEDERAL REGISTER Replaces WAC 173-400-
CITATION]. 010.
1.04..................... Applicability......... 11/09/20 7/11/22, [INSERT
FEDERAL REGISTER
CITATION].
1.06..................... Records............... 11/09/20 7/11/22, [INSERT Replaces WAC 173-400-
FEDERAL REGISTER 175.
CITATION].
1.07..................... General Provisions.... 11/09/20 7/11/22, [INSERT Replaces WAC 173-400-
FEDERAL REGISTER 105(6) & (8).
CITATION].
----------------------------------------------------------------------------------------------------------------
Article 2--General Regulations
----------------------------------------------------------------------------------------------------------------
2.04..................... Public Participation 11/09/20 7/11/22, [INSERT
in Permitting. FEDERAL REGISTER
CITATION].
----------------------------------------------------------------------------------------------------------------
Article 3--Rules
----------------------------------------------------------------------------------------------------------------
3.01..................... General Rules......... 11/09/20 7/11/22, [INSERT Except sub-section D.
FEDERAL REGISTER
CITATION].
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 Except sub-sections
FEDERAL REGISTER 3.08(A)(3)(b) and
CITATION]. 3.08(B)(3).
----------------------------------------------------------------------------------------------------------------
[[Page 41070]]
Article 4--Permits and Registration
----------------------------------------------------------------------------------------------------------------
4.01..................... Registration Program.. 11/09/20 7/11/22, [INSERT Excluding any
FEDERAL REGISTER provisions related to
CITATION]. the regulation of
Toxic Air Pollutants.
4.03..................... Voluntary Limits on 11/09/20 7/11/22, [INSERT Replaces WAC 173-400-
Emissions. FEDERAL REGISTER 091 (state effective
CITATION]. 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 12/15/95 2/2/98, 63 FR 5269... Subsections 5.01-5.05
to all Outdoor (state effective 12/
Burning. 15/95) were
subsequently
consolidated and
renumbered to
subsection 3.03 which
will be addressed in
a separate action.
5.03..................... Regulations Applicable 12/15/95 2/2/98, 63 FR 5269... Subsections 5.01-5.05
to all Outdoor (state effective 12/
Burning within 15/95) were
Jurisdiction of the subsequently
Yakima County Clean consolidated and
Air Authority, Local renumbered to
Cities, Towns, Fire subsection 3.03 which
Protection Districts will be addressed in
and Conservation a separate action.
Districts.
5.04..................... Regulations Applicable 12/15/95 2/2/98, 63 FR 5269... Subsections 5.01-5.05
to Permits Issued by (state effective 12/
the Yakima County 15/95) were
Clean Air Authority subsequently
for all Other Outdoor consolidated and
Burning. renumbered to
subsection 3.03 which
will be addressed in
a separate action.
5.05..................... Additional 12/15/95 2/2/98, 63 FR 5269... Subsections 5.01-5.05
Restrictions on (state effective 12/
Outdoor Burning. 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 11/09/20 7/11/22, [INSERT
and Phrases. FEDERAL REGISTER
CITATION].
Appendix B............... Definitions of 11/09/20 7/11/22, [INSERT
Acronyms and FEDERAL REGISTER
Abbreviations. 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 9/16/18 7/11/22, [INSERT
Rules. FEDERAL REGISTER
CITATION].
[[Page 41071]]
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 Except: 173-400-
FEDERAL REGISTER 030(6); 173-400-
CITATION]. 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 12/29/12 7/11/22, [INSERT
Sources. FEDERAL REGISTER
CITATION].
173-400-040(1)(a) & (b).. General Standards for 3/22/91 6/2/95, 60 FR 28726.. Subsections 173-400-
Maximum Emissions. 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 9/16/18 7/11/22, [INSERT Except: 173-400-
Maximum Emissions. FEDERAL REGISTER 040(2); 173-400-
CITATION]. 040(3); 173-400-
040(5);
173-400-050.............. Emission Standards for 9/16/18 7/11/22, [INSERT Except: 173-400-
Combustion and FEDERAL REGISTER 050(2); 173-400-
Incineration Units. CITATION]. 050(4); 173-400-
050(5); 173-400-
050(6).
173-400-060.............. Emission Standards for 11/25/18 7/11/22, [INSERT
General Process Units. FEDERAL REGISTER
CITATION].
173-400-070.............. Emission Standards for 3/22/91 6/2/95, 60 FR 28726.. Except (7).
Certain Source
Categories.
173-400-081.............. Startup and Shutdown.. 9/20/93 6/2/95, 60 FR 28726..
173-400-105.............. Records, Monitoring 11/25/18 7/11/22, [INSERT Except 173-400-105(6)
and Reporting. FEDERAL REGISTER & (8).
CITATION].
173-400-107.............. Excess Emissions...... 9/20/93 6/2/95, 60 FR 28726..
173-400-110.............. New Source Review 12/29/12 7/11/22, [INSERT Except: 173-400-
(NSR) for Sources and FEDERAL REGISTER 110(1)(c)(ii)(C); 173-
Portable Sources. CITATION]. 400-110(1)(e); 173-
400-110(2)(d); The
part of WAC 173-400-
110(4)(b)(vi) that
says,
<bullet> ``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,
<bullet> ``where
toxic air
pollutants as
defined in chapter
173-460 WAC are
not emitted''; The
part of 400-
110(4)(f)(i) that
says,
<bullet> ``that are
not toxic air
pollutants listed
in chapter 173-460
WAC''; The part of
400-110
(4)(h)(xviii) that
says,
<bullet> ``, 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,
<bullet> ``where no
toxic air
pollutants as
listed under
chapter 173-460
WAC are emitted'';
The part of 400-
110(4)(h)(xxxiv)
that says,
<bullet> ``, or
<=1% (by weight)
toxic air
pollutants as
listed in chapter
173-460 WAC''; The
part of 400-
110(4)(h)(xxxv)
that says,
[[Page 41072]]
<bullet> ``or <=1%
(by weight) toxic
air pollutants'';
The part of 400-
110(4)(h)(xxxvi)
that says,
<bullet> ``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 07/01/16 7/11/22, [INSERT Except: 173-400-
Construction FEDERAL REGISTER 111(3)(h); The part
Applications for CITATION]. of 173-400-
Sources, Stationary. 111(8)(a)(v) that
says,
<bullet> ``and 173-460-
040,''; 173-400-
111(9).
173-400-112.............. Requirements for New 12/29/12 7/11/22, [INSERT
Sources in FEDERAL REGISTER
Nonattainment Areas-- CITATION].
Review for Compliance
with Regulations.
173-400-113.............. New Sources in 12/29/12 7/11/22, [INSERT Except: 173-400-
Attainment or FEDERAL REGISTER 113(3), second
Unclassifiable Areas-- CITATION]. sentence.
Review for Compliance
with Regulations.
173-400-117.............. Special Protection 12/29/12 7/11/22, [INSERT
Requirements for FEDERAL REGISTER
Federal Class I Areas. CITATION].
173-400-118.............. Designation of Class 12/29/12 7/11/22, [INSERT
I, II, and III Areas. FEDERAL REGISTER
CITATION].
173-400-131.............. Issuance of Emission 4/1/11 7/11/22, [INSERT
Reduction Credits. FEDERAL REGISTER
CITATION].
173-400-136.............. Use of Emission 12/29/12 7/11/22, [INSERT
Reduction Credits FEDERAL REGISTER
(ERC). CITATION].
173-400-151.............. Retrofit Requirements 2/10/05 7/11/22, [INSERT
for Visibility FEDERAL REGISTER
Protection. CITATION].
173-400-161.............. Compliance Schedules.. 3/22/91 6/2/95, 60 FR 28726..
173-400-171.............. Public Notice and 9/16/18 7/11/22, [INSERT Except: The part of
Opportunity for FEDERAL REGISTER 173-400-171(3)(b)
Public Comment. CITATION]. that says,
<bullet> ``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 3/22/91 6/2/95, 60 FR 28726..
Nonattainment Areas.
173-400-200.............. Creditable Stack 2/10/05 7/11/22, [INSERT
Height and Dispersion FEDERAL REGISTER
Techniques. CITATION].
173-400-205.............. Adjustment for 3/22/91 6/2/95, 60 FR 28726..
Atmospheric
Conditions.
[[Page 41073]]
173-400-210.............. Emission Requirements 3/22/91 6/2/95, 60 FR 28726..
of Prior
Jurisdictions.
173-400-560.............. General Order of 12/29/12 7/11/22, [INSERT Except: The part of
Approval. FEDERAL REGISTER 173-400-560(1)(f)
CITATION]. that says, ``173-460
WAC''.
173-400-800.............. Major Stationary 4/1/11 7/11/22, [INSERT EPA did not review WAC
Source and Major FEDERAL REGISTER 173-400-800 through
Modification in a CITATION]. 860 for consistency
Nonattainment Area. 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 7/1/16 7/11/22, [INSERT
Source and Major FEDERAL REGISTER
Modification CITATION].
Definitions.
173-400-820.............. Determining if a New 12/29/12 7/11/22, [INSERT
Stationary Source or FEDERAL REGISTER
Modification to a CITATION].
Stationary Source is
Subject to these
Requirements.
173-400-830.............. Permitting 7/1/16 7/11/22, [INSERT
Requirements. FEDERAL REGISTER
CITATION].
173-400-840.............. Emission Offset 7/1/16 7/11/22, [INSERT
Requirements. FEDERAL REGISTER
CITATION].
173-400-850.............. Actual Emissions 7/1/16 7/11/22, [INSERT
Plantwide FEDERAL REGISTER
Applicability CITATION].
Limitation (PAL).
173-400-860.............. Public Involvement 4/1/11 7/11/22, [INSERT
Procedures. FEDERAL REGISTER
CITATION].
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
Table 1--Approved But Not Incorporated By Reference Regulations
----------------------------------------------------------------------------------------------------------------
State/local
State/local citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Yakima Regional Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
1.05.................... Roles and 11/09/20 7/11/22, [INSERT ........................
Responsibilities. FEDERAL REGISTER
CITATION].
2.01.................... Authority and 11/09/20 7/11/22, [INSERT ........................
Investigation. FEDERAL REGISTER
CITATION].
2.02.................... Authority to Collect 11/09/20 7/11/22, [INSERT ........................
Fees. FEDERAL REGISTER
CITATION].
[[Page 41074]]
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 11/09/20 7/11/22, [INSERT ........................
Alternative FEDERAL REGISTER
Enforcement Actions. CITATION].
5.03.................... Penalties............ 11/09/20 7/11/22, [INSERT ........................
FEDERAL REGISTER
CITATION].
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 52.2495 by revising paragraph (a) to read as follows:
Sec. 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).
* * * * *
0
4. Amend Sec. 52.2498 by revising paragraph (a)(1) to read as follows:
Sec. 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
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