Rule2023-21267
Air Plan Approval; Washington; Southwest 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
September 29, 2023
Effective
October 30, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving revisions to the Washington State Implementation Plan (SIP) that were submitted on June 22, 2023, by the Department of Ecology in coordination with the Southwest Clean Air Agency (SWCAA). In 2017, the EPA approved a comprehensive update to SWCAA 400 General Regulations for Air Pollution Sources in the SIP, which includes new source review permitting requirements as well as other general requirements for sources regulated under SWCAA's jurisdiction. In this action, the EPA is approving minor updates to SWCAA 400 promulgated since our comprehensive approval in 2017.
Full Text
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<title>Federal Register, Volume 88 Issue 188 (Friday, September 29, 2023)</title>
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[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Rules and Regulations]
[Pages 67097-67102]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21267]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2023-0342: FRL-11155-02-R10]
Air Plan Approval; Washington; Southwest 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 on June 22, 2023, by the Department of Ecology in
coordination with the Southwest Clean Air Agency (SWCAA). In 2017, the
EPA approved a comprehensive update to SWCAA 400 General Regulations
for Air Pollution Sources in the SIP, which includes new source review
permitting requirements as well as other general requirements for
sources regulated under SWCAA's jurisdiction. In this action, the EPA
is approving minor updates to SWCAA 400 promulgated since our
comprehensive approval in 2017.
DATES: This final rule is effective October 30, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID
[[Page 67098]]
No. EPA-R10-OAR-2023-0342. 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., Confidential Business
Information or other information the disclosure of which is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person listed 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#bed6cbd0ca90d4dbd8d8fedbcedf90d9d1c8"><span class="__cf_email__" data-cfemail="0b637e657f25616e6d6d4b6e7b6a256c647d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it means the EPA.
I. Background
On June 22, 2023, Washington submitted a SIP revision to the EPA.
In the submission, Southwest Clean Air Agency (SWCAA) made minor
revisions to the general air quality regulations and requested, in
coordination with the Washington Department of Ecology, to update the
federally approved SIP. On July 31, 2023, we proposed to approve the
submission (88 FR 49398). The reasons for our proposed approval are
included in the proposal and will not be restated here. The public
comment period closed on August 30, 2023. We received no comments on
our proposed action and therefore we are finalizing our action as
proposed.
II. Final Action
The EPA is approving and incorporating by reference the regulatory
changes to SWCAA 400 General Regulations for Air Pollution Sources
submitted by Washington on June 22, 2023.\1\ The EPA is also approving
a minor, non-substantive change to the Code of Federal Regulations
(CFR) at 40 CFR 52.2470(c)--Table 8 under the applicability subheading
to more clearly reflect jurisdiction for issuing permits under the
Prevention of Significant Deterioration (PSD) program. Upon the
effective date of this action, the Washington SIP will include the
following regulations as they apply in the SWCAA local jurisdiction:
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\1\ On June 22, 2023, Washington also submitted a separate SIP
revision titled ``Startup, Shutdown, and Malfunction (SSM)
Provisions in Southwest Clean Air Agency 400 General Regulations for
Air Pollution Sources'' which is outside the scope of this action.
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<bullet> 400-025 Adoption of Federal Rules (adopting Federal
regulations cited in the local agency rules) state effective September
10, 2021;
<bullet> 400-030 Definitions (establishing definitions used in the
local agency rules) state effective September 10, 2021;
<bullet> 400-036 Portable Sources From Other Washington
Jurisdictions (outlining requirements for portable sources locating
within the local jurisdiction) state effective September 10, 2021;
<bullet> 400-050 Emission Standards for Combustion and Incineration
Units (establishing emissions standards for sources within the local
jurisdiction) state effective September 10, 2021;
<bullet> 400-060 Emission Standards for General Process Units
(establishing particulate matter emissions standards) state effective
March 21, 2020;
<bullet> 400-072 Small Unit Notification for Selected Source
Categories (establishing uniform standards for certain small source
categories) state effective September 10, 2021;
<bullet> 400-074 Gasoline Transport Tanker Registration
(establishing standards for gasoline transport tankers) state effective
June 18, 2017;
<bullet> 400-091 Voluntary Limits on Emissions (allowing stationary
sources to take a voluntary reduction in potential to emit) state
effective September 10, 2021;
<bullet> 400-105 Records, Monitoring and Reporting (establishing
compliance requirements on stationary sources) state effective
September 10, 2021;
<bullet> 400-106 Emission Testing and Monitoring at Air Contaminant
Sources (establishing emissions testing standards for sources and
emissions units) state effective September 10, 2021;
<bullet> 400-109 Air Discharge Permit Applications (establishing
permit processes for new sources in the local jurisdiction) state
effective September 10, 2021;
<bullet> 400-110 Application Review Process for Stationary Sources
(New Source Review) (establishing agency review standards for air
permit applications) state effective September 10, 2021;
<bullet> 400-111 Requirements for New Sources in a Maintenance Plan
Area (establishing specific permit requirements within a former
nonattainment area) state effective September 10, 2021;
<bullet> 400-112 Requirements for New Sources in Nonattainment
Areas (establishing permit requirements for current nonattainment
areas) state effective September 10, 2021;
<bullet> 400-113 Requirements for New Sources in Attainment or
Nonclassifiable Areas (establishing permit requirements in areas that
have not been designated as nonattainment for criteria pollutants)
state effective September 10, 2021;
<bullet> 400-114 Requirements for Replacement or Substantial
Alteration of Emission Control Technology at an Existing Stationary
Source (establishing permit requirements for modification of emissions
controls at existing facilities) state effective September 10, 2021;
<bullet> 400-136 Maintenance of Emission Reduction Credits in Bank
(supporting an emissions reduction trading program) state effective
September 10, 2021;
<bullet> 400-151 Retrofit Requirements for Visibility Protection
(establishing requirements to minimize regional haze) state effective
September 10, 2021;
<bullet> 400-171 Public Involvement (establishing public notice and
other requirements for agency actions) state effective September 10,
2021;
<bullet> 400-260 Conflict of Interest (requires SWCAA board members
to comply with Clean Air Act section 128) state effective September 10,
2021;
<bullet> 400-810 Major Stationary Source and Major Modification
Definitions (establishing specific definitions for permitting
requirements at major sources located in a nonattainment area) state
effective September 10, 2021;
<bullet> 400-850 Actual Emissions--Plantwide Applicability
Limitation (PAL) (adopting the Federal Emission Offset Ruling) state
effective March 21, 2020;
<bullet> Appendix A SWCAA Method 9 Visual Opacity Determination
Method (establishing test methods for opacity compliance) state
effective March 21, 2020.
In addition to the regulations approved and incorporated by
reference above, 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. We are
therefore approving the submitted revisions, effective September 10,
2021, to sections 400-230, 400-240, 400-270, and 400-280 in 40 CFR
52.2470(e), EPA Approved Nonregulatory Provisions and Quasi-Regulatory
Measures.
[[Page 67099]]
III. Incorporation by Reference
In this document, 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 by reference of the
Southwest Clean Air Agency regulatory provisions described in section
II of this preamble and set forth in the amendments to 40 CFR part 52
in this document. The EPA has made, and will continue to make, these
materials 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 Clean Air Act 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.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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 Clean Air Act.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Southwest Clean Air Agency and the Washington Department of
Ecology did not evaluate environmental justice considerations as part
of its SIP submittal; the Clean Air Act and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Due to the nature of the action being taken here, this action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of Executive Order 12898 of achieving environmental justice
for people of color, low-income populations, and Indigenous peoples.
In addition, the SIP is not approved to apply on any Indian
reservation land or 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 it 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 November 28, 2023. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 22, 2023.
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. Amend Sec. 52.2470 as follows:
0
a. In paragraph (c), table 8 by:
0
i. Revising the table heading;
0
ii. Under the heading ``SWCAA 400--General Regulations for Air
Pollution Sources'':
0
A. Adding an entry for ``400-025'' in numerical order;
0
B. Revising the entries for ``400-030'', ``400-036'', ``400-050'',
``400-060'', ``400-072'';
[[Page 67100]]
0
C. Adding an entry for ``400-072(5)(b)'' in numerical order;
0
D. Revising the entries for ``400-074'', ``400-091'', ``400-105'',
``400-106'', ``400-109'', ``400-110'', ``400-111'', ``400-112'', ``400-
113'', ``400-114'', ``400-136'', ``400-151'', ``400-171'';
0
E. Adding an entry for ``400-260'' in numerical order; and
0
F. Revising the entries ``400-810'', ``400-850'' and ``Appendix A'';
and
0
b. In paragraph (e), table 1, under the heading ``Southwest Clean Air
Agency Regulations'' by:
0
i. Revising the entries for ``400-230'' and ``400-240'';
0
ii. Removing the entry for ``400-260''; and
0
iii. Revising the entries for ``400-270'', and ``400-280''.
The revisions and additions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
Table 8--Additional Regulations Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction
[Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, 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.]
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State/local
State/local citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
Southwest Clean Air Agency Regulations
SWCAA 400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
400-025...................... Adoption of Federal 9/10/21 9/29/23, [INSERT
Rules. FEDERAL REGISTER
CITATION].
400-030...................... Definitions.......... 9/10/21 9/29/23, [INSERT Except: 400-030(21)
FEDERAL REGISTER and (130).
CITATION].
400-036...................... Portable Sources from 9/10/21 9/29/23, [INSERT
Other Washington FEDERAL REGISTER
Jurisdictions. CITATION].
* * * * * * *
400-050...................... Emission Standards 9/10/21 9/29/23, [INSERT Except: 400-050(3);
for Combustion and FEDERAL REGISTER 400-050(5); 400-
Incineration Units. CITATION]. 050(6); and 400-
050(7).
400-060...................... Emission Standards 3/21/20 9/29/23, [INSERT
for General Process FEDERAL REGISTER
Units. CITATION].
* * * * * * *
400-072...................... Small Unit 9/10/21 9/29/23, [INSERT Except: 400-
Notification for FEDERAL REGISTER 072(5)(a)(ii)(B);
Selected Source CITATION]. 400-072(5)(d)(ii)(B
Categories. ); 400-
072(5)(d)(iii)(A);
400-072(5)(d)(iii)(
B); all reporting
requirements
related to toxic
air pollutants; and
400-072(5)(b),
which EPA
previously approved
with a state-
effective date of
October 9, 2016.
400-072 (5)(b)............... Small Unit 10/9/16 04/10/17, 82 FR
Notification for 17136.
Selected Source
Categories.
400-074...................... Gasoline Transport 6/18/17 9/29/23, [INSERT Except: 400-074(2).
Tanker Registration. FEDERAL REGISTER
CITATION].
* * * * * * *
400-091...................... Voluntary Limits on 9/10/21 9/29/23, [INSERT
Emissions. FEDERAL REGISTER
CITATION].
400-105...................... Records, Monitoring 9/10/21 9/29/23, [INSERT Except: reporting
and Reporting. FEDERAL REGISTER requirements
CITATION]. related to toxic
air pollutants.
400-106...................... Emission Testing and 9/10/21 9/29/23, [INSERT Except: 400-
Monitoring at Air FEDERAL REGISTER 106(1)(d) through
Contaminant Sources. CITATION]. (g); and 400-
106(2).
* * * * * * *
400-109...................... Air Discharge Permit 9/10/21 9/29/23, [INSERT Except: The toxic
Applications. FEDERAL REGISTER air pollutant
CITATION]. emissions
thresholds
contained in 400-
109(3)(d); 400-
109(3)(e)(ii); and
400-109(4).
400-110...................... Application Review 9/10/21 9/29/23, [INSERT Except: 400-
Process for FEDERAL REGISTER 110(1)(d).
Stationary Sources CITATION].
(New Source Review).
400-111...................... Requirements for New 9/10/21 9/29/23, [INSERT Except: 400-111(7).
Sources in a FEDERAL REGISTER
Maintenance Plan CITATION].
Area.
[[Page 67101]]
400-112...................... Requirements for New 9/10/21 9/29/23, [INSERT Except: 400-112(6).
Sources in FEDERAL REGISTER
Nonattainment Areas. CITATION].
400-113...................... Requirements for New 9/10/21 9/29/23, [INSERT Except: 400-113(5).
Sources in FEDERAL REGISTER
Attainment or CITATION].
Nonclassifiable
Areas.
400-114...................... Requirements for 9/10/21 9/29/23, [INSERT
Replacement or FEDERAL REGISTER
Substantial CITATION].
Alteration of
Emission Control
Technology at an
Existing Stationary
Source.
* * * * * * *
400-136...................... Maintenance of 9/10/21 9/29/23, [INSERT
Emission Reduction FEDERAL REGISTER
Credits in Bank. CITATION].
400-151...................... Retrofit Requirements 9/10/21 9/29/23, [INSERT
for Visibility FEDERAL REGISTER
Protection. CITATION].
* * * * * * *
400-171...................... Public Involvement... 9/10/21 9/29/23, [INSERT Except: 400-
FEDERAL REGISTER 171(2)(a)(xii).
CITATION].
* * * * * * *
400-260...................... Conflict of Interest. 9/10/21 9/29/23, [INSERT
FEDERAL REGISTER
CITATION].
* * * * * * *
400-810...................... Major Stationary 9/10/21 9/29/23, [INSERT
Source and Major FEDERAL REGISTER
Modification CITATION].
Definitions.
* * * * * * *
400-850...................... Actual Emissions-- 3/21/20 9/29/23, [INSERT
Plantwide FEDERAL REGISTER
Applicability CITATION].
Limitation (PAL).
* * * * * * *
Appendix A................... SWCAA Method 9 Visual 3/21/20 9/29/23, [INSERT
Opacity FEDERAL REGISTER
Determination Method. CITATION].
* * * * * * *
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* * * * *
(e) * * *
Table 1--Approved but Not Incorporated by Reference Regulations
----------------------------------------------------------------------------------------------------------------
State/local
State/local citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Southwest Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
400-230................... Regulatory Actions 9/10/21 9/29/23, [INSERT
and Civil FEDERAL REGISTER
Penalties. CITATION].
400-240................... Criminal Penalties 9/10/21 9/29/23, [INSERT
FEDERAL REGISTER
CITATION].
[[Page 67102]]
* * * * * * *
400-270................... Confidentiality of 9/10/21 9/29/23, [INSERT
Records and FEDERAL REGISTER
Information. CITATION].
400-280................... Powers of Agency.. 9/10/21 9/29/23, [INSERT
FEDERAL REGISTER
CITATION].
* * * * * * *
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* * * * *
[FR Doc. 2023-21267 Filed 9-28-23; 8:45 am]
BILLING CODE 6560-50-P
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