Proposed Rule2024-26171
Air Plan Approval; Washington; Spokane 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
November 14, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Washington State Implementation Plan (SIP) that were submitted by the Department of Ecology (Ecology) in coordination with the Spokane Regional Clean Air Agency (SRCAA). In 2021, the EPA approved a comprehensive update to the SRCAA general air quality regulations in the SIP, which include new source review permitting requirements as well as other general requirements for sources regulated under SRCAA's jurisdiction. In this action, the EPA proposes to approve additional updates to the SRCAA general air quality regulations promulgated since our comprehensive approval in 2021.
Full Text
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<title>Federal Register, Volume 89 Issue 220 (Thursday, November 14, 2024)</title>
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[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Proposed Rules]
[Pages 89942-89946]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26171]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2024-0433: FRL-12248-01-R10]
Air Plan Approval; Washington; Spokane Regional Clean Air Agency,
General Air Quality Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Washington State Implementation Plan (SIP)
that were submitted by the Department of Ecology (Ecology) in
coordination with the Spokane Regional Clean Air Agency (SRCAA). In
2021, the EPA approved a comprehensive update to the SRCAA general air
quality regulations in the SIP, which include new source review
permitting requirements as well as other general requirements for
sources regulated under SRCAA's jurisdiction. In this action, the EPA
proposes to approve additional updates to the SRCAA general air quality
regulations promulgated since our comprehensive approval in 2021.
DATES: Comments must be received on or before December 16, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2024-0433 at https://
[[Page 89943]]
www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
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#68001d061c46020d0e0e280d1809460f071e"><span class="__cf_email__" data-cfemail="147c617a603a7e717272547164753a737b62">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background for Proposed Action
A. Recodification of the Washington Clean Air Act and Other
Miscellaneous Revisions
B. Revision to the Source Categories Subject to Registration
C. Revision to Minor New Source Review Permitting Applicability
Thresholds
D. Use of Woodstoves During Emergency Power Outages
II. The EPA's Proposed Action
A. Proposed Revisions to the Incorporation by Reference Section
of the SIP
B. Approved But Not Incorporated by Reference Regulations
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background for Proposed Action
On May 10, 2021, the EPA approved a comprehensive update of the
general air quality regulations, codified in SRCAA Regulation I, into
the SIP (86 FR 24718). Under the Washington Clean Air Act, local clean
air agencies may adopt equally stringent or more stringent requirements
to apply in lieu of Ecology's Statewide general air quality regulations
for sources regulated under the local agency's jurisdiction, if they so
choose.\1\ SRCAA's jurisdiction covers the geographic area of Spokane
County, with certain exceptions. By statute, SRCAA does not have
authority for sources under the jurisdiction of the Energy Facility
Site Evaluation Council (EFSEC). See Revised Code of Washington Chapter
80.50. Under the applicability provisions of Washington Administrative
Code (WAC) 173-405-012, 173-410-012, and 173-415-012, SRCAA 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 permits under the Prevention of Significant
Deterioration (PSD) program for major stationary sources in attainment
areas. Lastly, SRCAA does not have jurisdiction on Indian reservations
and any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. The regulations approved and
incorporated by reference into the SIP for SRCAA's specific
jurisdiction can be found at 40 CFR 52.2470(c), Table 9--Additional
Regulations Approved for the Spokane Regional Clean Air Agency (SRCAA)
Jurisdiction. The version of Regulation I approved in the SIP includes
updates promulgated by SRCAA effective as of September 1, 2020. SRCAA
subsequently promulgated an update to Regulation I effective July 15,
2023 (Washington State Register 23-12-060 included in the docket for
this action).
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\1\ See our February 24, 2021 proposed rulemaking (86 FR 11204).
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A. Recodification of the Washington Clean Air Act and Other
Miscellaneous Revisions
Effective June 11, 2020, the State legislature recodified the
Washington Clean Air Act from Revised Code of Washington (RCW) 70.94 to
RCW 70A.15. Local air agencies were encouraged to update affected rules
to reflect new statutory references by July 1, 2025. This change
affected SRCAA sections 1.01, 1.04, 2.01, 2.03, 2.04, 2.05, 2.08, 2.11,
2.12, 4.04, 5.02, 5.04, 5.05, 5.07, 5.08, 5.10, 5.13, 6.04, 8.03, 8.07,
8.08, 8.09, and 8.10, which were submitted for reapproval in the SIP.
In addition to the recodification, SRCAA made other generally minor
typographical and formatting changes. Comprehensive redline/strikeout
versions of each updated section of Regulation I are included in the
docket for this action, as well as the EPA's analysis of the revisions
proposed for approval in this action. Therefore, the relatively minor
citation updates, formatting changes, and typographical revisions are
not restated here.
The most substantive proposed change, other than the changes
described in sections I.B. and I.C. of this preamble, relates to
Regulation I, section 2.08 Falsification of Statements or Documents,
and Treatment of Documents. Previously, as part of the 2021
comprehensive update, SRCAA submitted only subsections (E) and (F)
because they had direct corollaries in the WAC. In this update, SRCAA
submitted, and the EPA is proposing to approve subsections (A) through
(D) which contain additional provisions regarding the treatment of
documents, the prevention of falsifying documents, and the prohibition
against making false or misleading statements to an authorized
representative of the SRCAA Board of Directors.
B. Revision to the Source Categories Subject to Registration
Effective March 9, 2023, as part of Washington State Register 23-
05-21 included in the docket for this action, SRCAA removed marijuana
producers and processors from the list of source categories subject to
regulation under SRCAA section 4.04. We note that in our prior approval
of SRCAA Regulation I, the EPA did not include the marijuana provisions
in subsections (A)(3)(u), (A)(3)(v), and (A)(5)(e)(9) formerly
contained in SRCAA section 4.04, because provisions related to odor and
nuisance are outside the scope of the SIP (86 FR 24718, May 10, 2021).
However, removal of these provisions affected the codification of
citations for other provisions approved in the SIP. Therefore, the EPA
is proposing to approve the updated version of section 4.04, including
the minor typographical and statutory citation revisions discussed
above in section I.A. of this preamble, to reflect the recodification
of citations for the remaining SIP-approved provisions in section 4.04.
SRCAA also made a minor revision to section 5.02 New Source Review
Applicability and When Required to reflect the removal of marijuana
producers and processors in subsection (I)(1)(b). While this provision
is also outside the scope of the SIP, removal of subsection (I)(1)(b)
resulted in recodification of the former subsection (I)(1)(c),
discussed below in section I.C. of this preamble, to (I)(1)(b).
C. Revision to Minor New Source Review Permitting Applicability
Thresholds
As discussed in the proposed rulemaking for our 2021 update of
Regulation I in the SIP, SRCAA uses a registration-based, source
category approach in section 4.04 Stationary Sources and Source
Categories Subject to Registration for determining minor new source
review (NSR) applicability under Regulation I, Article V New
[[Page 89944]]
Source Review for Stationary Sources and Portable Sources (see 86 FR
11204, February 24, 2021, at page 11206). Under subsection 5.02(I), not
all source categories subject to registration require NSR permits. In
our 2021 update, SRCAA did not submit, and the EPA did not approve,
subsection 5.02(I) Stationary Sources Exempt from Article V because the
source categories at the time related primarily to the regulation of
odor and air toxics which are not criteria pollutants and which are
outside the scope of the SIP.
As part of SRCAA's update to Regulation I, SRCAA added a new
provision (c) under subsection 5.02(I)(1) related to surface coating,
which could impact criteria pollutants or precursors to criteria
pollutants. Subsection 5.02(I)(1)(c) continues to require surface
coating operations with the potential to emit (PTE) emissions above 100
pounds per year to register as a source category listed under section
4.04. However, for sources that only use non-spray application methods
(e.g., roller coat, brush coat, flow coat, or pre-packaged aerosol can)
a minor NSR permit is not required unless PTE emissions are above 1,000
pounds per year for any single criteria pollutant or its precursors
under subsection 4.04(A)(5)(a) or a combination of air contaminants
under subsections 4.04(A)(5)(c) and (d).\2\ As discussed in the
analysis of section 5.02 included in the docket for this action, SRCAA
explained that for a non-spray operation there are few substantive
permit requirements that could be put in place. For example, with roll
or dip coating there is no overspray and therefore, no need for a
filtered booth to control particulate matter emissions. For larger
operations above the thresholds in subsections 4.04(A)(5)(a), (c), and
(d), SRCAA explained that there could be some technology or air quality
requirements that should be reviewed in the context of a minor NSR
permit. Similarly, subsection 5.02(I)(1)(b), not previously submitted
as part of the SIP, contains a minor NSR permitting exemption for small
motor vehicle or motor vehicle component surface coating operations
with PTE below 100 pounds per year. To the extent that these small-
scale operations may have criteria pollutant impacts, SRCAA explained
that if there are overspray emissions, or other impacts outside the
scope of the SIP such as odors or toxic air pollutant emissions above
the small quantity emission rates listed in Chapter 173-460 WAC, the
source will no longer qualify for the exemption and must obtain a minor
NSR permit for a paint booth.
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\2\ Subsection 4.04(A)(5)(b) relates solely to thresholds for
toxic air pollutants regulated under Chapter 173-460 Washington
Administrative Code which is not part of the SIP. See 88 FR 24718
(May 10, 2021).
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We are proposing to determine that the minor NSR applicability
thresholds in subsections 5.02(I)(1)(b) and (c) are reasonable because
emissions at these low thresholds are highly unlikely to impact
continued attainment and maintenance of the national ambient air
quality standards (NAAQS) for criteria pollutants in the Spokane
area.\3\ Therefore, we are proposing to approve the revised subsection
5.02(I) into the SIP as it relates to the regulation of criteria
pollutants under Clean Air Act section 110. We note that SRCAA did not
submit, and the EPA is not proposing to approve, subsection
5.02(I)(1)(a) because this provision regulates nuisance and odor which
are outside the scope of the SIP. We are also not proposing to approve
the application of any provision in 5.02(I)(1), or elsewhere in
Regulation I, to toxic air pollutants regulated under Chapter 173-460
WAC, because regulation of toxic air pollutants is also outside the
scope of the SIP.
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\3\ The EPA designated the Spokane area as nonattainment for the
1971 carbon monoxide NAAQS and the 1987 particulate matter
(PM<INF>10</INF>) NAAQS. The EPA redesignated the Spokane area to
``attainment'' for both pollutants in August 2005 and has designated
the Spokane area as ``unclassifiable/attainment'' for all subsequent
NAAQS revisions.
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D. Use of Woodstoves During Emergency Power Outages
On September 28, 2015, the EPA approved Regulation I, Article VIII
Solid Fuel Burning Device Standards (80 FR 58216). There were no
changes to Article VIII as part of our 2021 update to the SIP because
these provisions remained unchanged since last adopted in 2014.
However, in the rule update, focused primarily on the recodification of
the Washington Clean Air Act, SRCAA also incorporated another recent
revision to the Washington Clean Air Act. Effective June 9, 2016, the
Washington State Legislature voted unanimously to approve House Bill
2785 included in the docket for this action. This bill modified the
Washington Clean Air Act, among other changes, to clarify that
``Nothing in this section restricts a person from burning wood in a
solid fuel burning device, regardless of whether a burn ban has been
called, if there is an emergency power outage.'' SRCAA modified
Regulation I, section 8.08 Exemptions, which the EPA previously
approved in the SIP, to reflect this statutory change in subsection
8.08(A)(4) and requested removal of subsection 8.08(A)(4) from the SIP.
We are proposing to remove subsection 8.08(A)(4) from the SIP because
removal of this exemption from otherwise-applicable SIP requirements
will strengthen the SIP. Therefore, we believe this change meets the
requirements of CAA section 110(l). SRCAA also added a definition for
``Emergency Power Outage'' in subsection 8.03(A)(6), which SRCAA did
not submit as part of the SIP.
The remainder of the changes to Article VIII are syntax,
formatting, and citation updates. These changes, along with the EPA's
analyses of the Article VIII sections submitted for approval, are
included in the docket for this action and are not restated here. With
the exceptions noted above, we are proposing to approve the revisions
to Article VIII consistent with the same exclusions as our 2015
approval.
II. The EPA's Proposed Action
A. Proposed Revisions to the Incorporation by Reference Section of the
SIP
The EPA is proposing to approve and incorporate by reference into
the Washington SIP at 40 CFR 52.2470(c)--Table 9--Additional
Regulations Approved for the Spokane Regional Clean Air Agency (SRCAA)
Jurisdiction, the updated SRCAA regulations listed in the following
table for sources within SRCAA's jurisdiction. Approval of the revised
version of SRCAA Regulation I section 8.08 would have the effect of
removing subsection 8.08(A)(4), as described in section I.C. of this
preamble. Unless otherwise noted in section I of this preamble, the EPA
is approving revisions to the regulations in the following table
consistent with the same conditions and exceptions as our prior 2015
and 2021 approvals.
[[Page 89945]]
Updated Spokane Regional Clean Air Agency Regulations
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State/local
State/local citation Title/subject effective Explanation
date
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Spokane Regional Clean Air Agency Regulation I
----------------------------------------------------------------------------------------------------------------
1.01................................... Policy.................... 7/15/23 Subsections (A) and (B)
replace WAC 173-400-010.
1.04................................... General Definitions....... 7/15/23 Except subsections (17), (41),
(52), (60), (74), (101),
(112), (119), and (122).
Section 1.04 replaces WAC 173-
400-030 except the following
WAC 173-400-030 definitions
adopted by reference in
subsection 2.14(A)(1):
Adverse Impact on Visibility;
Capacity Factor; Class I
Area; Dispersion Technique;
Emission Threshold; Excess
Stack Height; Existing
Stationary Facility; Federal
Class I Area; Federal Land
Manager; Fossil Fuel-fired
Steam Generator; General
Process Unit; Greenhouse
Gases; Industrial Furnace;
Mandatory Class I Federal
Area; Natural Conditions;
Projected Width; Reasonably
Attributable; Sulfuric Acid
Plant; and Wood Waste.
2.08................................... Falsification of 7/15/23 Subsection (E) replaces WAC
Statements or Documents, 173-400-105(6). Subsection
and Treatment of (F) replaces WAC 173-400-
Documents. 105(8).
2.13................................... Federal and State 7/15/23 Subsection (A) replaces WAC
Regulation Reference Date. 173-400-025.
4.04................................... Stationary Sources and 7/15/23 Except subsection (A)(5)(b) or
Source Categories Subject any other provision as it
to Registration. relates to the regulation of
toxic air pollutants or
odors.
5.02................................... New Source Review-- 7/15/23 Except subsections (C)(5),
Applicability and when (I)(1)(a), or any other
Required. provision as it relates to
the regulation of toxic air
pollutants or odors. Section
5.02 replaces WAC 173-400-
110. Subsection (F) replaces
WAC 173-400-111(2).
5.04................................... Information Required...... 7/15/23 Except subsection (A)(8).
Collectively, sections 5.04,
5.06, 5.07, 5.10, 5.13, and
5.14 replace the permitting
procedures in WAC 173-400-
111.
5.05................................... Public Involvement........ 7/15/23 Except subsection (C)(15).
Section 5.05 replaces WAC 173-
400-171.
5.07................................... Processing NOC 7/15/23 Except subsections (A)(1)(g)
Applications for and (B). Collectively,
Stationary Sources. sections 5.04, 5.06, 5.07,
5.10, 5.13, and 5.14 replace
the permitting procedures in
WAC 173-400-111, and
subsection 5.07(A)(7)
replaces WAC 173-400-
110(2)(a).
5.08................................... Portable Sources.......... 7/15/23 Except subsection (A)(6).
Section 5.08 replaces WAC 173-
400-036.
5.10................................... Changes to an Order of 7/15/23 Collectively, sections 5.04,
Approval or Permission to 5.06, 5.07, 5.10, 5.13, and
Operate. 5.14 replace the permitting
procedures in WAC 173-400-
111.
5.13................................... Order of Approval 7/15/23 Collectively, sections 5.04,
Construction Time Limits. 5.06, 5.07, 5.10, 5.13, and
5.14 replace the permitting
procedures in WAC 173-400-
111.
6.04................................... Emission of Air 7/15/23 Subsections (A), (B), (C), and
Contaminant: Detriment to (H) only and excepting
Person or Property. provisions in RCW 70A.15.4530
(incorporated by reference)
that relate to odor.
Subsection (C) replaces WAC
173-400-040(6).
8.01................................... Purpose................... 7/15/23
8.02................................... Applicability............. 7/15/23
8.03................................... Definitions............... 7/15/23 Except subsection (A)(6).
8.04................................... Emission Performance 7/15/23 Except the incorporation by
Standards. reference of WAC 173-433-130,
173-433-170, and 173-433-200.
8.05................................... Opacity Standards......... 7/15/23
8.06................................... Prohibited Fuel Types..... 7/15/23
8.07................................... Curtailment............... 7/15/23
8.08................................... Exemptions................ 7/15/23 Except subsection (A)(4).
8.09................................... Procedure to 7/15/23
Geographically Limit
Solid Fuel Burning
Devices.
8.10................................... Restrictions on 7/15/23
Installation of Solid
Fuel Burning Devices.
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B. Approved But Not Incorporated by Reference Regulations
In addition to the regulations proposed for approval and
incorporation by reference in section II.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
proposing to approve but not incorporate by reference revisions,
effective July 15, 2023, to SRCAA sections 2.01, 2.03, 2.04, 2.05,
2.11, 2.12, and 8.11 in 40 CFR 52.2470(e), EPA Approved Nonregulatory
Provisions and Quasi-Regulatory Measures.
III. Incorporation by Reference
In this document, the EPA is proposing to include in a final rule
regulatory text that includes
[[Page 89946]]
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is proposing to incorporate by reference the updated
regulations shown in the table in section II.A. and discussed in
section I of this document. The EPA has made, and will continue to
make, these documents 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).
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 proposed 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 proposed 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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
The EPA defines 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 air agency 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 this action, it 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 communities with EJ concerns.
In addition, this proposed action would not 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 as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
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: November 1, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2024-26171 Filed 11-13-24; 8:45 am]
BILLING CODE 6560-50-P
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