[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Rules and Regulations]
[Pages 66291-66294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26451]


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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 52

[EPA-R10-OAR-2014-0343; FRL-9918-84-Region 10]


Approval and Promulgation of Implementation Plans; Washington: 
Nonattainment New Source Review

AGENCY: Environmental Protection Agency.

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) on

[[Page 66292]]

January 27, 2014. These revisions update the preconstruction permitting 
regulations for large industrial (major source) facilities located in 
designated nonattainment areas, referred to as the Nonattainment New 
Source Review (major nonattainment NSR or major NNSR) program. While 
these revisions update Ecology's major NNSR program generally, the most 
significant change is the incorporation of regulations to implement 
major NNSR for fine particulate matter, particles with an aerodynamic 
diameter less than or equal to a nominal 2.5 micrometers 
(PM2.5). The major NNSR program is designed to ensure that 
major stationary sources of air pollution are constructed or modified 
in a manner that is consistent with attainment and maintenance of the 
National Ambient Air Quality Standards (NAAQS).

DATES: This final rule is effective on December 8, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2014-0343. All documents in the docket are 
listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (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 will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Programs Unit, Office of Air Waste and Toxics, EPA 
Region 10, 1200 Sixth Avenue, Seattle, WA, 98101. The EPA requests that 
if at all possible, you contact the individual listed in the FOR 
FURTHER INFORMATION CONTACT section to view the hard copy of the 
docket. You may view the hard copy of the docket Monday through Friday, 
8:00 a.m. to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, 
hunt.jeff@epa.gov, or by using the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:

    (i) The words or initials ``Act'' or ``CAA'' mean or refer to 
the Clean Air Act, unless the context indicates otherwise.
    (ii) The words ``EPA'', ``we'', ``us'' or ``our'' mean or refer 
to the Environmental Protection Agency.
    (iii) The initials ``SIP'' mean or refer to State Implementation 
Plan.
    (iv) The words ``Washington'' and ``State'' mean the State of 
Washington.

Table of Contents

I. Background Information
II. Final Action
III. Statutory and Executive Orders Review

I. Background Information

    On January 27, 2014, Washington submitted revisions updating the 
general air quality regulations that apply to sources within Ecology's 
jurisdiction, including the major nonattainment NSR permitting program. 
On July 25, 2014, the EPA proposed to approve the major nonattainment 
NSR-related provisions contained in the submittal (79 FR 43345). An 
explanation of the CAA requirements, a detailed explanation of the 
revisions, and the EPA's reasons for approval were provided in the 
notice of proposed rulemaking, and will not be restated here. The 
public comment period for this proposed rule ended on August 25, 2014. 
We did not receive any comments on the proposal.

II. Final Action

    The EPA is approving the major nonattainment NSR-related provisions 
listed in the table below. As discussed in the proposed rulemaking, the 
EPA intends to take action on the remaining provisions included in 
Ecology's January 27, 2014 submittal, related to the Prevention of 
Significant Deterioration and visibility permitting requirements for 
major stationary sources, in a separate, future action. The EPA is also 
approving the general air quality regulations contained in Washington 
Administrative Code (WAC) 173-400-110 through-112 and WAC 173-400-171, 
which were previously approved by the EPA for purposes of minor new 
source review, as consistent with the EPA's requirements for major 
nonattainment NSR. For more information see 79 FR 59653, October 3, 
2014.
    At this time, the EPA's approval of the major nonattainment NSR-
related provisions listed in the table below is limited to only those 
counties or sources where Ecology has direct jurisdiction. This 
approval excludes sources subject to Energy Facility Site Evaluation 
Council (EFSEC) or local clean air agency jurisdiction, as described in 
the proposed rulemaking. The counties where Ecology has direct 
jurisdiction are: Adams, Asotin, Chelan, Columbia, Douglas, Ferry, 
Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend 
Oreille, San Juan, Stevens, Walla Walla, and Whitman. The EPA also 
notes that under the SIP-approved provisions of WAC 173-405-012, WAC 
173-410-012, and WAC 173-415-012, Ecology has statewide, direct 
jurisdiction for kraft pulping mills, sulfite pulping mills, and 
primary aluminum plants, including the RockTenn facility located in the 
Tacoma-Pierce County fine particulate matter nonattainment area.

                         Washington State Department of Ecology Regulations for Approval
----------------------------------------------------------------------------------------------------------------
                                                                    State
            State citation                   Title/subject        effective               Explanation
                                                                     date
----------------------------------------------------------------------------------------------------------------
                       Chapter 173-400 WAC, General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
173-400-131..........................  Issuance of Emission           4/1/11  ..................................
                                        Reduction Credits
173-400-136..........................  Use of Emission              12/29/12  ..................................
                                        Reduction Credits (ERC)
173-400-800..........................  Major Stationary Source        4/1/11  ..................................
                                        and Major Modification
                                        in a Nonattainment Area
173-400-810..........................  Major Stationary Source      12/29/12  ..................................
                                        and Major Modification
                                        Definitions
173-400-820..........................  Determining if a New         12/29/12  ..................................
                                        Stationary Source or
                                        Modification to a
                                        Stationary Source is
                                        Subject to these
                                        Requirements

[[Page 66293]]

 
173-400-830..........................  Permitting Requirements      12/29/12  ..................................
173-400-840..........................  Emission Offset              12/29/12  ..................................
                                        Requirements
173-400-850..........................  Actual Emissions             12/29/12  ..................................
                                        Plantwide Applicability
                                        Limitation (PAL)
173-400-860..........................  Public Involvement             4/1/11  ..................................
                                        Procedures
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III. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the 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:
     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 (Pub. L. 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 for 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. Consistent with EPA policy, the EPA 
nonetheless provided a consultation opportunity to the Puyallup Tribe 
in a letter dated February 25, 2014. The EPA did not receive a request 
for consultation.
    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 January 6, 2015. 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: October 22, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.

    For the reasons stated 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. Section 52.2470 is amended in paragraph (c), table 2, by:
0
a. Adding in numerical order entries for 173-400-131, 173-400-136, and 
173-400-800 through 173-400-860.
0
b. Revising the footnote at the bottom of the table.
    The additions and revisions read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

[[Page 66294]]



   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
          State citation               Title/Subject      effective     EPA Approval date       Explanations
                                                             date
----------------------------------------------------------------------------------------------------------------
         Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
173-400-131......................  Issuance of Emission       4/1/11  11/7/14[Insert        ....................
                                    Reduction Credits.                 Federal Register
                                                                       citation].
173-400-136......................  Use of Emission          12/29/12  11/7/14[Insert        ....................
                                    Reduction Credits                  Federal Register
                                    (ERC).                             citation].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
173-400-800......................  Major Stationary           4/1/11  11/7/14[Insert        ....................
                                    Source and Major                   Federal Register
                                    Modification in a                  citation].
                                    Nonattainment Area.
173-400-810......................  Major Stationary         12/29/12  11/7/14[Insert        ....................
                                    Source and Major                   Federal Register
                                    Modification                       citation].
                                    Definitions.
173-400-820......................  Determining if a New     12/29/12  11/7/14[Insert        ....................
                                    Stationary Source                  Federal Register
                                    or Modification to                 citation].
                                    a Stationary Source
                                    is Subject to these
                                    Requirements.
173-400-830......................  Permitting               12/29/12  11/7/14[Insert        ....................
                                    Requirements.                      Federal Register
                                                                       citation].
173-400-840......................  Emission Offset          12/29/12  11/7/14[Insert        ....................
                                    Requirements.                      Federal Register
                                                                       citation].
173-400-850......................  Actual Emissions         12/29/12  11/7/14[Insert        ....................
                                    Plantwide                          Federal Register
                                    Applicability                      citation].
                                    Limitation (PAL).
173-400-860......................  Public Involvement         4/1/11  11/7/14[Insert        ....................
                                    Procedures.                        Federal Register
                                                                       citation].
----------------------------------------------------------------------------------------------------------------
* The EPA's approval of the WAC 173-400-110 through -113, 173-400-036, 173-400-171, and 173-400-560 is not a
  determination that these regulations meet requirements for a SIP-approved Prevention of Significant
  Deterioration permitting program (40 CFR 51.166) or a SIP-approved visibility program (40 CFR 51.307) for
  major sources.

* * * * *
[FR Doc. 2014-26451 Filed 11-6-14; 8:45 am]
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