[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Rules and Regulations]
[Pages 72548-72551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28588]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2014-0790; FRL-9918-76-Region 10]
Approval and Promulgation of Air Quality Implementation Plans;
Washington; Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency.
ACTION: Final rule; administrative change.
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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Washington
State Implementation Plan (SIP). The regulations affected by this
update have been previously submitted by the Washington State
Department of Ecology (Ecology) and approved by the EPA. In this
action, the EPA is also notifying the public of a correction to a
typographical error the IBR tables. This update affects the SIP
materials that are available for public inspection at the National
Archives and Records Administration (NARA), the Air and Radiation
Docket and Information Center located at EPA Headquarters in
Washington, DC, and the EPA Regional Office.
DATES: This action is effective December 8, 2014.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 10, Office of Air, Waste, and
Toxics (AWT-150), 1200 Sixth Avenue, Seattle, WA 98101; the Air and
Radiation Docket and Information Center, Environmental Protection
Agency, 1301 Constitution Avenue NW., Room Number 3334, EPA West
Building, Washington, DC 20460; or the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, (206) 553-
0256, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, the EPA from time
to time, must take action on SIP revisions containing new and/or
revised regulations as being part of the SIP. On May 22, 1997, the EPA
revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between the EPA and the
Office of the Federal Register (OFR) (62 FR 27968). The description of
the revised SIP document, IBR procedures and ``Identification of plan''
format are discussed in further detail in the May 22, 1997 Federal
Register document. On March 20, 2013, the EPA published a Federal
Register beginning the new IBR procedure for Washington (78 FR 17108).
Since the publication of the last IBR update, the EPA approved into
the Washington SIP the regulatory changes listed below. The EPA also
reorganized the content and order of the tables contained in 40 CFR
52.2470 paragraph (c) ``EPA approved regulations'' in order to
acknowledge the EPA's approval of Washington Administrative Code
[[Page 72549]]
(WAC) 173-400-020 which divides implementation of portions of the
Washington SIP on a jurisdictional basis, with a corresponding effect
on the air program agencies listed in Tables 4 through 10. This
division of the Washington SIP on a jurisdictional basis is described
in more detail in a final rulemaking published October 3, 2014 (79 FR
59653).
A. Added Regulations
Table 1--Regulations Approved Statewide
Washington Administrative Code, Chapter 173-433--Solid
Fuel Burning Device Standards, sections 173-433-140 (Criteria for
Impaired Air Quality Burn Bans) and 173-433-155 (Criteria for
Prohibiting the Use of Solid Fuel Burning Devices that Are Not
Certified). For more information see 79 FR 26628 (May 9, 2014).
Washington Administrative Code, Chapter 173-476--Ambient
Air Quality Standards, sections 173-476-010 (Purpose), 173-476-020
(Applicability), 173-476-030 (Definitions), 173-476-100 (Ambient Air
Quality Standard for PM-10), 173-476-110 (Ambient Air Quality Standards
for PM-2.5), 173-476-120 (Ambient Air Quality Standard for Lead (Pb)),
173-476-130 (Ambient Air Quality Standards for Sulfur Oxides (Sulfur
Dioxide)), 173-476-140 (Ambient Air Quality Standards for Nitrogen
Oxides (Nitrogen Dioxide)), 173-476-150 (Ambient Air Quality Standard
for Ozone), 173-476-160 (Ambient Air Quality Standards for Carbon
Monoxide), 173-476-170 (Monitor Siting Criteria), 173-476-180
(Reference Conditions), and 173-476-900 (Table of Standards). For more
information see 79 FR 12077 (March 4, 2014).
Table 2--Additional Regulations Approved for Washington Department of
Ecology (Ecology) Direct Jurisdiction
Washington Administrative Code, Chapter 173-400--General
Regulations for Air Pollution Sources, sections 173-400-036 (Relocation
of Portable Sources), 173-400-111 (Processing Notice of Construction
Applications for Sources, Stationary Sources and Portable Sources),
173-400-118 (Designation of Class I, II, and III Areas), 173-400-175
(Public Information), and 173-400-560 (General Order of Approval). For
more information see 79 FR 59653 (October 3, 2014).
Table 6--Additional Regulations Approved for the Olympic Region Clean
Air Agency (Orcaa) Jurisdiction
Rule 6.2 Outdoor Burning, sections 6.2.3 (No Residential
or Land Clearing Burning), 6.2.6 (Curtailment), and 6.2.7 (Recreational
Burning). For more information see 78 FR 61188 (October 3, 2013).
Rule 8.1 Wood Heating, sections 8.1.1 (Definitions), 8.1.2
(b) and (c) (General Emission Standards), 8.1.3 (Prohibited Fuel
Types), 8.1.4 (Curtailment), 8.1.5 (Exceptions), 8.1.7 (Sale and
Installation of Uncertified Woodstoves), and 8.1.8 (Disposal of
Uncertified Woodstoves). For more information see 78 FR 61188 (October
3, 2013).
Table 7--Additional Regulations Approved for the Puget Sound Clean Air
Agency (PSCAA) Jurisdiction
Regulation I--Article 13: Solid Fuel Burning Device
Standards, section 13.06 (Emission Performance Standards). For more
information see 78 FR 32131 (May 29, 2013).
B. Revised Regulations
Table 1--Regulations Approved Statewide
Washington Administrative Code, Chapter 173-433--Solid
Fuel Burning Device Standards, sections 173-433-010 (Purpose), 173-433-
030 (Definitions), 173-433-100 (Emission Performance Standards), 173-
433-110 (Opacity Standards), 173-433-120 (Prohibited Fuel Types), and
173-433-150 (Restrictions on Operation of Solid Fuel Burning Devices).
For more information see 79 FR 26628 (May 9, 2014).
Table 2--Additional Regulations Approved for Washington Department of
Ecology (Ecology) Direct Jurisdiction
Washington Administrative Code, Chapter 173-400--General
Regulations for Air Pollution Sources, sections 173-400-020
(Applicability), 173-400-030 (Definitions), 173-400-040 (General
Standards for Maximum Emissions), 173-400-050 (Emission Standards for
Combustion and Incineration Units), 173-400-060 (Emission Standards for
General Process Units), 173-400-070 (Emission Standards for Certain
Source Categories), 173-400-081 (Startup and Shutdown), 173-400-091
(Voluntary Limits on Emissions), 173-400-105 (Records, Monitoring, and
Reporting), 173-400-110 (New Source Review (NSR) for Sources and
Portable Sources), 173-400-112 (Requirements for New Sources in
Nonattainment Areas--Review for Compliance with Regulations), 173-400-
113 (New Sources in Attainment or Unclassifiable Areas--Review for
Compliance with Regulations), 173-400-151 (Retrofit Requirements for
Visibility Protection), 173-400-171 (Opportunity for Public Comment),
and 173-400-200 (Creditable Stack Height and Dispersion Techniques).
For more information see 79 FR 59653 (October 3, 2014).
Table 7--Additional Regulations Approved for the Puget Sound Clean Air
Agency (PSCAA) Jurisdiction
Regulation I--Article 12: Standards of Performance for
Continuous Emission Monitoring Systems, section 12.03 (Continuous
Emission Monitoring Systems). For more information see 78 FR 57073
(September 17, 2013).
Regulation I--Article 13: Solid Fuel Burning Device
Standards, sections 13.01 (Policy and Purpose), 13.02 (Definitions),
13.03 (Opacity Standards), 13.04 (Allowed and Prohibited Fuel Types),
13.05 (Restrictions on Operation of Solid Fuel Burning Devices), and
13.07 (Prohibitions on Wood Stoves that are not Certified Wood Stoves).
For more information see 78 FR 32131 (May 29, 2013).
Regulation II--Article 1: Purpose, Policy, Short Title,
and Definitions, section 1.05 (Special Definitions). For more
information see 78 FR 57073 (September 17, 2013).
Regulation II--Article 3: Miscellaneous Volatile Organic
Compound Emission Standards, section 3.04 (Motor Vehicle and Mobile
Equipment Coating Operations). For more information see 78 FR 57073
(September 17, 2013).
C. Removed Regulations
Table 1--Regulations Approved Statewide
Washington Administrative Code, Chapter 173-433--Solid
Fuel Burning Device Standards, section 173-433-170 (Retail Sales Fee).
For more information see 79 FR 26628 (May 9, 2014).
Washington Administrative Code, Chapter 173-470--Ambient
Air Quality Standards for Particulate Matter, sections 173-470-010
(Purpose), 173-470-020 (Applicability), 173-470-030 (Definitions), 173-
470-100 (Ambient Air Quality Standards), and 173-470-160 (Reporting of
Data). For more information see 79 FR 12077 (March 4, 2014).
Table 2--Additional Regulations Approved for Washington Department of
Ecology (Ecology) Direct Jurisdiction
Washington Administrative Code, Chapter 173-400--General
Regulations for Air Pollution Sources, section 173-
[[Page 72550]]
400-100 (Registration). For more information see 79 FR 59653 (October
3, 2014).
Table 7--Additional Regulations Approved for the Puget Sound Clean Air
Agency (PSCAA) Jurisdiction
Regulation II--Article 3: Miscellaneous Volatile Organic
Compound Emission Standards, section 3.11 (Coatings and Ink
Manufacturing). For more information see 78 FR 57073 (September 17,
2013).
D. Approved, But Not Incorporated by Reference Regulations
As described in the proposed approval for the Thurston County
second 10-year coarse particulate matter (PM10) limited
maintenance plan, the EPA reviews and approves state submissions to
ensure they provide adequate enforcement authority (78 FR 47259, August
5, 2013). However, regulations describing agency enforcement authority
are not incorporated into the SIP to avoid potential conflict with the
EPA's independent authorities. The EPA originally erred in
incorporating WAC 173-433-200, ``Regulatory Actions and Penalties'' by
reference into the SIP. In the final approval of the Thurston County
Second 10-year PM10 Limited Maintenance Plan the EPA
corrected this error by moving WAC 173-433-200 from 40 CFR 52.2470(c)
EPA approved regulations to 40 CFR 52.2470(e) EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures (78 FR 61188,
October 3, 2013).
E. Source-Specific Requirements
The EPA modified 40 CFR 52.2470(d) to include the following source-
specific requirements: BP Cherry Point Refinery (Administrative Order
No. 7836), Alcoa Intalco Works (Administrative Order No. 7837, Revision
1), Tesoro Refining and Marketing Company (Administrative Order 7838),
Port Townsend Paper Corporation (Administrative Order No. 7839,
Revision 1), Lafarge North America, Inc. Seattle, Wa. (Administrative
Revised Order No. 7841), and Weyerhaeuser Corporation, Longview, Wa.
(Administrative Order No. 7840). For more information see 79 FR 33438
(June 11, 2014).
II. EPA Action
In this action, the EPA is announcing the update to the IBR
material as of October 7, 2014. The EPA is also correcting a
typographical error in paragraph 52.2470(c). In ``Table 2--Additional
Regulations Approved for Washington Department of Ecology (Ecology)
Direct Jurisdiction'' the EPA is correcting the entry for WAC 173-400-
050 to add 173-400-050(2) as an exception in the ``Explanations''
column.
The EPA has determined that today's rule falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedures Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation and section 553(d)(3)
which allows an agency to make a rule effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). Today's rule simply codifies provisions which are already in
effect as a matter of law in Federal and approved State programs. Under
section 553 of the APA, an agency may find good cause where procedures
are ``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice in the CFR benefits the public by removing outdated citations
and incorrect table entries.
III. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted below and is also not approved
to apply in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law. Washington's SIP is approved to apply on non-trust land within the
exterior boundaries of the Puyallup Indian Reservation, also known as
the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement
Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and
local agencies in Washington authority over activities on non-trust
lands within the 1873 Survey Area.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
[[Page 72551]]
C. Petitions for Judicial Review
The EPA has also determined that the provisions of section
307(b)(1) of the CAA pertaining to petitions for judicial review are
not applicable to this action. Prior EPA rulemaking actions for each
individual component of the Washington SIP compilations had previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, the
EPA sees no need in this action to reopen the 60-day period for filing
such petitions for judicial review for this ``Identification of plan''
update action for Washington.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 22, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
0
2. Section 52.2470 is amended by:
0
a. Revising paragraph (b);
0
b. Revising paragraph (c), entry 173-400-050 in Table 2--Additional
Regulations Approved for Washington Department of Ecology (Ecology)
Direct Jurisdiction.
The revised text read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(b) Incorporation by reference.
(1) Material listed as incorporated by reference in paragraphs (c)
and (d) of this section with an EPA approved date of October 7, 2014
was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
The material incorporated is as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register Entries in paragraphs (c) and (d) of this section with
EPA approval dates on or after October 7, 2014 will be incorporated by
reference in the next update to the SIP compilation.
(2)(i) EPA Region 10 certifies that the rules and regulations
provided by the EPA at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules and regulations which have been approved as part of the State
Implementation Plan as of October 7, 2014.
(ii) EPA Region 10 certifies that the following source-specific
requirements provided by the EPA at the addresses in paragraph (b)(3)
of this section are an exact duplicate of the officially promulgated
State source-specific requirements which have been approved as part of
the State Implementation Plan as of October 7, 2014.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 10 Office at 1200 Sixth Ave, Seattle, WA
98101. For further information, call (206) 553-0256; the EPA Air and
Radiation Docket and Information Center, Room Number 3334, EPA West
Building, 1301 Constitution Avenue NW., Washington, DC 20460. For
further information, call (202) 566-1742; or at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) * * *
Table 2--Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction
[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat,
Lincoln, Okanogan, Pend Oreille, San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities
subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction. These regulations also apply
statewide for facilities subject to the applicability sections of WAC 173-405-012, WAC 173-410-012, and WAC 173-
415-012.]
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State effective
State citation Title/subject date EPA approval date Explanations
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Washington Administrative Code, Chapter 173-400_General Regulations for Air Pollution Sources
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* * * * * * *
173-400-050.................... Emission Standards 12/29/12 10/3/14, 79 FR Except: 173-400-
for Combustion 59653. 050(2); 173-400-
and Incineration 050(4); 173-400-
Units. 050(5).
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[FR Doc. 2014-28588 Filed 12-5-14; 8:45 am]
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