Approval and Promulgation of Implementation Plans; Washington: Additional Regulations for the Benton Clean Air Agency Jurisdiction

Federal Register, Volume 80 Issue 178 (Tuesday, September 15, 2015)

Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)

Proposed Rules

Pages 55280-55284

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2015-23144

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

EPA-R10-OAR-2015-0600: FRL-9934-07-Region 10

Approval and Promulgation of Implementation Plans; Washington: Additional Regulations for the Benton Clean Air Agency Jurisdiction

AGENCY: Environmental Protection Agency.

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 Benton Clean Air Agency (BCAA) on August 25, 2015. In the fall of 2014 and spring of 2015, the EPA approved numerous revisions to Ecology's general air quality regulations. However, our approval of the updated Ecology regulations applied only to geographic areas where Ecology, and not a local air authority, has jurisdiction, and statewide to source categories over which Ecology has sole jurisdiction. Under the Washington Clean Air Act local clean air agencies, such as BCAA, have the option of adopting equally stringent or more stringent standards or requirements in lieu of Ecology's general air quality regulations, if they so choose. Therefore, the EPA stated that we would evaluate the general air quality regulations as they apply to local jurisdictions in separate, future actions. If finalized, this proposed action would allow BCAA to rely primarily on Ecology's general air quality regulations for sources within BCAA's jurisdiction, including implementation of the minor new source review and nonattainment new source review permitting programs. This action also proposes approval of a small set of BCAA regulatory provisions that replace or supplement parts of Ecology's general air quality regulations.

DATES: Comments must be received on or before October 15, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-

OAR-2015-0600, by any of the following methods:

1. www.regulations.gov: Follow the on-line instructions for submitting comments.

2. Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and Toxics (AWT-150), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.

3. Email: R10-Public_Comments@epa.gov.

4. Hand Delivery: EPA Region 10 Mailroom, 9th Floor, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, Office of Air, Waste and Toxics, AWT-150. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information.

   Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-

   2015-0600. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider

   Page 55281

   your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

   Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 in www.regulations.gov or in hard copy during normal business hours at the Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.

   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: Throughout this document wherever ``we'', ``us'' or ``our'' are used, it is intended to refer to the EPA.

   Table of Contents

   1. Background for Proposed Action

   2. Washington SIP Revisions

   3. The EPA's Proposed Action

1. Regulations To Approve and Incorporate by Reference Into the SIP

2. Regulations To Approve But Not Incorporate by Reference

3. Regulations To Remove From the SIP

4. Scope of Proposed Action

   4. Incorporation by Reference

   5. Statutory and Executive Order Reviews

   1. Background for Proposed Action

      On January 27, 2014, Ecology submitted revisions to update the general air quality regulations contained in Chapter 173-400 of the Washington Administrative Code (WAC) that apply to sources under Ecology's direct jurisdiction. On October 3, 2014 (79 FR 59653), November 7, 2014 (79 FR 66291), and April 29, 2015 (80 FR 23721), the EPA approved updates to Chapter 173-400 WAC as they apply to geographic areas and source categories under Ecology's direct jurisdiction. Under the EPA-approved provisions of WAC 173-400-020, local clean air agencies have the authority to adopt equally stringent or more stringent standards or requirements in lieu of the provisions of Chapter 173-400 WAC. Local clean air agencies also have the option to rely on parts of Chapter 173-400 WAC, but substitute local standards or requirements for other corresponding provisions. For this reason, the EPA stated that we would address the applicability of Chapter 173-400 WAC in local clean air agency jurisdictions on a case-by-case basis in separate, future actions.

   2. Washington SIP Revisions

      On August 25, 2015, the Director of the Washington Department of Ecology, as the Governor's designee for SIP revisions, submitted a request to update the general air quality regulations as they apply to the jurisdiction of BCAA. See 40 CFR 52.2470(c)--Table 4. As shown in Attachment 1 of the SIP revision, included in the docket for this action, BCAA relies primarily on the recently updated provisions of Chapter 173-400 WAC for sources within their jurisdiction in Benton County, including minor new source review permitting and major source nonattainment new source review (if necessary at some point in the future). Attachment 2 of the SIP revision contains a small set of BCAA regulations that either supplement or substitute for provisions of Chapter 173-400 WAC that address regulatory authority, definitions of specific terms, and fugitive emissions. These provisions fall in two categories. The first category includes BCAA Regulation 1, sections: 1.01, Name of Agency; 2.01, Powers and Duties of the Benton Clean Air Agency (BCAA); 2.03, Powers and Duties of the Board of Directors; 2.05, Severability; and 2.06, Confidentiality. These provisions are generally administrative in nature, are adopted nearly verbatim from the Washington Clean Air Act (Revised Code of Washington 70.94), and have no direct corollaries in Chapter 173-400 WAC. The second category includes BCAA Regulation 1, sections: 1.02, Policy and Purpose; 1.03, Applicability; 2.02, Requirements for Board of Directors Members; 4.01(A), Definitions--Fugitive Dust; 4.02(B), Particulate Matter Emissions--Fugitive Emissions; 4.02(C)(1), Particulate Matter Emissions--Fugitive Dust; and 4.02(C)(3), Particulate Matter Emissions--Fugitive Dust. This second category of BCAA regulations adopt parts of Chapter 173-400 WAC nearly verbatim with minor changes for readability and clarity. The EPA is proposing to determine that these changes are consistent with our prior approvals of Chapter 173-

      400 WAC and meet Clean Air Act requirements.

   3. The EPA's Proposed Action

1. Regulations To Approve and Incorporate by Reference Into the SIP

   The EPA proposes to approve and incorporate by reference into the Washington SIP at 40 CFR 52.2470(c)--Table 4, Additional Regulations Approved for the Benton Clean Air Agency (BCAA) Jurisdiction, the BCAA and Ecology regulations listed in the tables below for sources within BCAA's jurisdiction.

   Benton Clean Air Agency (BCAA) Regulations for Proposed Approval

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   State/local

   State/local citation Title/subject effective date Explanation

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   Regulation 1

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   1.01............................... Name of Agency................. 12/11/14 ..........................

   1.02............................... Policy and Purpose............. 12/11/14 Replaces WAC 173-400-010.

   1.03............................... Applicability.................. 12/11/14 Replaces WAC 173-400-020.

   4.01(A)............................ Definitions--Fugitive Dust..... 12/11/14 Replaces WAC 173-400-030

   (38).

   4.01(B)............................ Definitions--Fugitive Emissions 12/11/14 Replaces WAC 173-400-030

   (39).

   4.02(B)............................ Particulate Matter Emissions-- 12/11/14 Replaces WAC 173-400-

   Fugitive Emissions. 040(4).

   4.02(C)(1)......................... Particulate Matter Emissions-- 12/11/14 Replaces WAC 173-400-

   Fugitive Dust. 040(9)(a).

   4.02(C)(3)......................... Particulate Matter Emissions-- 12/11/14 Replaces WAC 173-400-

   Fugitive Dust. 040(9)(b).

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   Washington State Department of Ecology Regulations for Proposed Approval

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   State/local

   State/local citation Title/subject effective date Explanation

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   Chapter 173-400 WAC, General Regulations for Air Pollution Sources

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   173-400-030........................ Definitions............... 12/29/12 Except: 173-400-030(38); 173-

   400-030(39); 173-400-030(91).

   173-400-036........................ Relocation of Portable 12/29/12 ...............................

   Sources.

   173-400-040........................ General Standards for 4/1/11 Except: 173-400-040(2)(c); 173-

   Maximum Emissions. 400-040(2)(d); 173-400-040(3);

   173-400-040(4); 173-400-

   040(5); 173-400-040(7), second

   paragraph; 173-400-040(9)(a);

   173-400-040(9)(b).

   173-400-050........................ Emission Standards for 12/29/12 Except: 173-400-050(2); 173-400-

   Combustion and 050(4); 173-400-050(5).

   Incineration Units.

   173-400-060........................ Emission Standards for 2/10/05 ...............................

   General Process Units.

   173-400-070........................ Emission Standards for 12/29/12 Except: 173-400-070(7); 173-400-

   Certain Source Categories. 070(8).

   173-400-081........................ Startup and Shutdown...... 4/1/11 ...............................

   173-400-091........................ Voluntary Limits on 4/1/11 ...............................

   Emissions.

   173-400-105........................ Records, Monitoring and 12/29/12 ...............................

   Reporting.

   173-400-110........................ New Source Review (NSR) 12/29/12 Except: 173-400-

   for Sources and Portable 110(1)(c)(ii)(C); 173-400-

   Sources. 110(1)(e); 173-400-110(2)(d);

   --The part of WAC 173-400-

   110(4)(b)(vi) that says, ``not

   for use with materials

   containing toxic air

   pollutants, as listed in

   chapter 173-460 WAC,'';

   --The part of 400-

   110(4)(e)(iii) that says,

   ``where toxic air pollutants

   as defined in chapter 173-460

   WAC are not emitted'';

   --The part of 400-

   110(4)(e)(f)(i) that says,

   ``that are not toxic air

   pollutants listed in chapter

   173-460 WAC'';

   --The part of 400-

   110(4)(h)(xviii) that says,

   ``, to the extent that toxic

   air pollutant gases as defined

   in chapter 173-460 WAC are not

   emitted'';

   --The part of 400-

   110(4)(h)(xxxiii) that says,

   ``where no toxic air

   pollutants as listed under

   chapter 173-460 WAC are

   emitted'';

   --The part of 400-

   110(4)(h)(xxxiv) that says,

   ``, or Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

   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 the 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).

   In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not impose substantial direct costs on tribal governments or preempt tribal law. As discussed above, the SIP is not approved to apply in Indian reservations in the state, except for non-

   trust land within the exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area), or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.

   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.

   Authority: 42 U.S.C. 7401 et seq.

   Dated: September 2, 2015.

   Dennis J. McLerran,

   Regional Administrator, Region 10.

   FR Doc. 2015-23144 Filed 9-14-15; 8:45 am

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