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Air Plan Approval; Washington: General Regulations for Air Pollution Sources, Southwest Clean Air Agency Jurisdiction

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Start Preamble

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

The Environmental Protection Agency (EPA) is approving revisions to the Washington State Implementation Plan (SIP) that were submitted by the Washington Department of Ecology (Ecology) in coordination with Southwest Clean Air Agency (SWCAA) on December 20, 2016. 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 agency, had jurisdiction, and statewide, to source categories over which Ecology had sole jurisdiction. Under the Washington Clean Air Act, local clean air agencies may adopt equally stringent or more stringent 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 applied to local jurisdictions in separate, future actions. This final action approves the submitted SWCAA general air quality regulations to replace or supplement the corresponding Ecology regulations for sources in SWCAA's jurisdiction, including implementation of the minor new source review and nonattainment new source review permitting programs. This action also approves a limited subset of Ecology regulations, for which there are no corresponding SWCAA corollaries, to apply in SWCAA's jurisdiction.

DATES:

This final rule is effective May 10, 2017.

ADDRESSES:

The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2016-0784. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., 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 is publicly available only in hard copy form. Publicly available docket materials are available at http://www.regulations.gov or at EPA Region 10, Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Jeff Hunt, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave, Suite 900, Seattle, WA 98101; telephone number: (206) 553-0256; email address: hunt.jeff@epa.gov.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background Information

II. Response to Comments

III. Final Action

IV. Incorporation by Reference

V. Statutory and Executive Orders Review

I. Background Information

On January 19, 2017, the EPA proposed to approve revisions to SWCAA's general air quality regulations and a limited subset of Ecology regulations to apply in SWCAA's jurisdiction (82 FR 6413). An explanation of the Clean Air Act (CAA) requirements, a detailed analysis of the revisions, and the EPA's reasons for proposing 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 February 21, 2017. The EPA received two, separate anonymous comments on the proposal.

II. Response to Comments

Comment #1: The commenter asserted that the EPA's proposed action is an example of federal overreach on state and local jurisdictions. The commenter also stated that the EPA's review and proposed approval of the SWCAA regulations violates the Tenth Amendment to the United States Constitution.

Response: Under the CAA, as established and amended by Congress, state and local authorities take the lead in developing State Implementation Plans (SIP) that implement, maintain, and enforce the national ambient air quality standards (NAAQS), which are standards designed to protect public health and welfare from air pollution. In reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. 42 U.S.C. 7410(k); 40 CFR 52.02(a). In this case, EPA has done just that—Washington elected to submit the SWCAA and Ecology SIP revision to the EPA, and the EPA has proposed to approve the submission based on our determination that it meets the requirements of the CAA. We are now finalizing our determination.

With respect to the claim that the EPA's action in approving this SIP submittal violates the Tenth Amendment, the Supreme Court has repeatedly affirmed the constitutionality of federal statutes, such as Section 110 of the CAA, that allow States to administer federal programs but provide for direct federal administration if a State chooses not to administer it. See Texas v. EPA, 726 F.3d 180, 196-7 (D.C. Cir. 2013) (citing New York v. United States, 505 U.S. 144, 167-8, 173-4 (1992); Hodel v. Va. Surface Mining & Reclamation Ass'n, Inc., 452 U.S. 264m 288 (1981)).

Comment #2: A second commenter wrote in support of the EPA's proposed approval of the SWCAA and Ecology SIP revision.

Response: We are now finalizing our proposed determination that the SWCAA and Ecology SIP revision meets the requirements of the CAA.

III. Final Action

A. Regulations Approved and Incorporated by Reference Into the SIP

The EPA is approving, and incorporating by reference, into the Washington SIP at 40 CFR 52.2470(c)—Table 8—Additional Regulations Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction, the SWCAA and Ecology regulations listed in Tables 1 and 2 below for sources within SWCAA's jurisdiction.Start Printed Page 17137

Table 1—Southwest Clean Air Agency (SWCAA) Regulations for Proposed Approval and Incorporation by Reference

State/local citationTitle/subjectState/local effective dateExplanations
SWCAA 400—General Regulations for Air Pollution Sources
400-010Policy and Purpose03/18/01
400-020Applicability10/09/16
400-030Definitions10/09/16Except: 400-030(21) and (129).
400-036Portable Sources from Other Washington Jurisdictions10/09/16
400-040General Standards for Maximum Emissions10/09/16Except: 400-040(1)(a), (c) and (d); 400-040(2); and 400-040(4).
400-050Emission Standards for Combustion and Incineration Units10/09/16Except: 400-050(3); 400-050(5); and 400-050(6).
400-060Emission Standards for General Process Units10/09/16
400-070General Requirements for Certain Source Categories10/09/16Except: 400-070(2)(a); 400-070(3)(b); 400-070(5); 400-070(6); 400-070(7); 400-070(8)(c); 400-070(9); 400-070(10); 400-070(11); 400-070(12); 400-070(14); and 400-070(15)(c).
400-072Small Unit Notification for Selected Source Categories10/09/16Except: 400-072(5)(a)(ii)(B); 400-072(5)(d)(ii)(B); 400-072(5)(d)(iii)(A); 400-072(5)(d)(iii)(B); and all reporting requirements related to toxic air pollutants.
400-074Gasoline Transport Tanker Registration11/15/09Except: 400-074(2).
400-081Startup and Shutdown10/09/16
400-091Voluntary Limits on Emissions10/09/16
400-105Records, Monitoring and Reporting10/09/16Except: reporting requirements related to toxic air pollutants.
400-106Emission Testing and Monitoring at Air Contaminant Sources10/09/16Except: 400-106(1)(d) through (g); and 400-106(2).
400-109Air Discharge Permit Applications10/09/16Except: The toxic air pollutant emissions thresholds contained in 400-109(3)(d); 400-109(3)(e)(ii); and 400-109(4).
400-110Application Review Process for Stationary Sources (New Source Review)10/09/16Except: 400-110(1)(d).
400-111Requirements for New Sources in a Maintenance Plan Area10/09/16Except: 400-111(7).
400-112Requirements for New Sources in Nonattainment Areas10/09/16Except: 400-112(6).
400-113Requirements for New Sources in Attainment or Nonclassifiable Areas10/09/16Except: 400-113(5).
400-114Requirements for Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source11/09/03
400-116Maintenance of Equipment11/09/03
400-130Use of Emission Reduction Credits10/09/16
400-131Deposit of Emission Reduction Credits Into Bank10/09/16
400-136Maintenance of Emission Reduction Credits in Bank10/09/16
400-151Retrofit Requirements for Visibility Protection11/09/03
400-161Compliance Schedules03/18/01
400-171Public Involvement10/09/16Except: 400-171(2)(a)(xii).
400-190Requirements for Nonattainment Areas10/09/16
400-200Vertical Dispersion Requirement, Creditable Stack Height and Dispersion Techniques10/09/16Except: 400-200(1).
400-205Adjustment for Atmospheric Conditions03/18/01
400-210Emission Requirements of Prior Jurisdictions03/18/01
400-800Major Stationary Source and Major Modification in a Nonattainment Area10/09/16
400-810Major Stationary Source and Major Modification Definitions10/09/16
400-820Determining If a New Stationary Source or Modification to a Stationary Source is Subject to These Requirements10/09/16
400-830Permitting Requirements10/09/16
400-840Emission Offset Requirements10/09/16
400-850Actual Emissions—Plantwide Applicability Limitation (PAL)10/09/16
400-860Public Involvement Procedures10/09/16
Appendix ASWCAA Method 9 Visual Opacity Determination Method10/09/16
Start Printed Page 17138
Appendix BDescription of Vancouver Ozone and Carbon Monoxide Maintenance Area Boundary10/09/16

Table 2—Washington State Department of Ecology Regulations for Proposed Approval and Incorporation by Reference

State/local citationTitle/subjectState/local effective dateExplanations
Chapter 173-400 WAC, General Regulations for Air Pollution Sources
173-400-117Special Protection Requirements for Federal Class I Areas12/29/12For permits issued under the applicability provisions of WAC 173-400-800.
173-400-118Designation of Class I, II, and III Areas12/29/12
173-400-560General Order of Approval12/29/12Except:—The part of 173-400-560(1)(f) that says, “173-460 WAC”.

B. Approved but Not Incorporated by Reference Regulations

In addition to the regulations approved and incorporated by reference stated previously, 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. The EPA has reviewed and is approving SWCAA 400-220 Requirements for Board Members, SWCAA 400-230 Regulatory Actions and Civil Penalties, SWCAA 400-240 Criminal Penalties, SWCAA 400-250 Appeals, SWCAA 400-260 Conflict of Interest; SWCAA 400-270 Confidentiality of Records and Information, and SWCAA 400-280 Powers of Agency as providing SWCAA adequate enforcement and other general authorities for purposes of implementing and enforcing its SIP. However, the EPA is not incorporating these sections by reference into the SIP codified in 40 CFR 52.2470(c). Instead, the EPA is including these sections in 40 CFR 52.2470(e), EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures, as approved but not incorporated by reference regulatory provisions.

C. Regulations To Remove From the SIP

The Ecology regulations contained in Washington's SIP at 40 CFR 52.2470(c)—Table 8—Additional Regulations Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction were last approved by the EPA on June 2, 1995 (60 FR 28726). As discussed in the proposal for this action, under the Washington Clean Air Act, local air agencies have the option of adopting and implementing equally stringent or more stringent corresponding provisions to apply in lieu of Chapter 173-400 WAC, or parts of Chapter 173-400 WAC. With the exception of updated versions of WAC 173-400-117, 173-400-118, and 173-400-560, SWCAA requested that the submitted SWCAA regulations replace the existing WAC provisions currently in the SIP for its jurisdiction. Also as discussed in the proposal, we are removing from the SIP SWCAA 400-050(3) [formerly 400-050(2)], 400-052, 400-070(6), 400-070(8)(c) [formerly 400-070(7)(c) and (d)], 400-074(2), 400-100, 400-101, and 400-109(4), because removal of these provisions would not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. We also note that the SIP includes a reference to SWCAA 400-090 which was renumbered to SWCAA 400-091 on September 21, 1995. We are removing the reference to SWCAA 400-090 in the SIP which was inadvertently not addressed as part of our February 26, 1997 approval of SWCAA 400-091 (62 FR 8624).

D. Scope of Proposed Action

This revision to the Washington SIP applies specifically to the SWCAA jurisdiction incorporated at 40 CFR 52.2470(c)—Table 8. As discussed in our October 3, 2014 approval of revisions to the WAC, local air agency jurisdiction in Washington is generally defined on a geographic basis; however, there are exceptions (79 FR 59653, at page 59654). By statute, SWCAA 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 WAC 173-405-012, 173-410-012, and 173-415-012, SWCAA also does not have jurisdiction for kraft pulp mills, sulfite pulping mills, and primary aluminum plants. For these sources, Ecology retains statewide, direct jurisdiction. Ecology also retains statewide, direct jurisdiction for the prevention of significant deterioration (PSD) permitting program. Therefore, the EPA is not approving into 40 CFR 52.2470(c)—Table 8 the provisions of Chapter 173-400 WAC related to the PSD program. Specifically, the provisions are WAC 173-400-116 and WAC 173-400-700 through 750, already approved by the EPA as applying state-wide.

Jurisdiction to implement the visibility permitting program contained in WAC 173-400-117 varies depending on the situation (see 80 FR 23721, April 29, 2015, at page 80 FR 23726). Ecology retains authority to implement WAC 173-400-117 as it relates to PSD permits. However, for facilities subject to major nonattainment new source review (NSR) under the applicability provisions of SWCAA 400-800, we are approving SWCAA to implementing those parts of WAC 173-400-117 as they relate to major nonattainment NSR permits. We are also modifying the visibility protection Federal Implementation Plan contained in 40 CFR 52.2498 to reflect the approval of WAC 173-400-117 as it applies to Start Printed Page 17139implementation of the major nonattainment NSR program in SWCAA's jurisdiction.

Lastly, this SIP revision is not approved to apply on any Indian reservation land in the State, or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.

IV. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference as described in the amendments to 40 CFR part 52 set forth below. These materials have been approved by the EPA for inclusion in the State Implementation Plan, have been incorporated by reference by the EPA into that plan, are fully federally-enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.[1] The EPA has made, and will continue to make, these materials generally available through http://www.regulations.gov and/or at the EPA Region 10 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information).

V. Statutory and Executive Orders Review

Under the 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 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 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).

This SIP revision is not approved to apply on any Indian reservation land in Washington or 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 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).

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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 9, 2017. 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)).

Start List of Subjects

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
End List of Subjects Start Signature

Dated: March 20, 2017.

Michelle L. Pirzadeh,

Acting Regional Administrator, Region 10.

End Signature

For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows:

Start Part

PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

End Part Start Amendment Part

1. The authority citation for part 52 continues to read as follows:

End Amendment Part Start Authority

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

End Authority

Subpart WW—Washington

Start Amendment Part

2. Amend § 52.2470 by revising Table 8 of paragraph (c) and Table 1 of paragraph (e), to read as follows:

End Amendment Part
Identification of plan.
* * * * *

(c) * * * Start Printed Page 17140

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, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability sections of WAC 173-405-012, 173-410-012, and 173-415-012]

State/local citationTitle/subjectState/local effective dateEPA approval dateExplanations
Southwest Clean Air Agency Regulations
SWCAA 400—General Regulations for Air Pollution Sources
400-010Policy and Purpose03/18/0104/10/17, [Insert Federal Register citation]
400-020Applicability10/09/1604/10/17, [Insert Federal Register citation]
400-030Definitions10/09/1604/10/17, [Insert Federal Register citation]Except: 400-030(21) and (129).
400-036Portable Sources from Other Washington Jurisdictions10/09/1604/10/17, [Insert Federal Register citation]
400-040(1)(a)General Standards for Maximum Emissions9/21/952/26/97, 62 FR 8624
400-040General Standards for Maximum Emissions10/09/1604/10/17, [Insert Federal Register citation]Except: 400-040(1)(a), (c) and (d); 400-040(2); and 400-040(4).
400-050Emission Standards for Combustion and Incineration Units10/09/1604/10/17, [Insert Federal Register citation]Except: 400-050(3); 400-050(5); and 400-050(6).
400-060Emission Standards for General Process Units10/09/1604/10/17, [Insert Federal Register citation]
400-070(2)(a)Emission Standards for Certain Source Categories9/21/952/26/97, 62 FR 8624
400-070General Requirements for Certain Source Categories10/09/1604/10/17, [Insert Federal Register citation]Except: 400-070(2)(a); 400-070(3)(b); 400-070(5); 400-070(6); 400-070(7); 400-070(8)(c); 400-070(9); 400-070(10); 400-070(11); 400-070(12); 400-070(14); and 400-070(15)(c).
400-072Small Unit Notification for Selected Source Categories10/09/1604/10/17, [Insert Federal Register citation]Except: 400-072(5)(a)(ii)(B); 400-072(5)(d)(ii)(B); 400-072(5)(d)(iii)(A); 400-072(5)(d)(iii)(B); and all reporting requirements related to toxic air pollutants.
400-074Gasoline Transport Tanker Registration11/15/0904/10/17, [Insert Federal Register citation]Except: 400-074(2).
400-081Startup and Shutdown10/09/1604/10/17, [Insert Federal Register citation]
400-091Voluntary Limits on Emissions10/09/1604/10/17, [Insert Federal Register citation]
400-105Records, Monitoring and Reporting10/09/1604/10/17, [Insert Federal Register citation]Except: Reporting requirements related to toxic air pollutants.
400-106Emission Testing and Monitoring at Air Contaminant Sources10/09/1604/10/17, [Insert Federal Register citation]Except: 400-106(1)(d) through (g); and 400-106(2).
400-107Excess Emissions9/21/952/26/97, 62 FR 8624
400-109Air Discharge Permit Applications10/09/1604/10/17, [Insert Federal Register citation]Except: The toxic air pollutant emissions thresholds contained in 400-109(3)(d); 400-109(3)(e)(ii); and 400-109(4).
400-110Application Review Process for Stationary Sources (New Source Review)10/09/1604/10/17, [Insert Federal Register citation]Except: 400-110(1)(d).
400-111Requirements for New Sources in a Maintenance Plan Area10/09/1604/10/17, [Insert Federal Register citation]Except: 400-111(7).
400-112Requirements for New Sources in Nonattainment Areas10/09/1604/10/17, [Insert Federal Register citation]Except: 400-112(6).
400-113Requirements for New Sources in Attainment or Nonclassifiable Areas10/09/1604/10/17, [Insert Federal Register citation]
400-114Requirements for Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source11/09/0304/10/17, [Insert Federal Register citation]
400-116Maintenance of Equipment11/09/0304/10/17, [Insert Federal Register citation]
400-130Use of Emission Reduction Credits10/09/1604/10/17, [Insert Federal Register citation]
400-131Deposit of Emission Reduction Credits Into Bank10/09/1604/10/17, [Insert Federal Register citation]
Start Printed Page 17141
400-136Maintenance of Emission Reduction Credits in Bank10/09/1604/10/17, [Insert Federal Register citation]
400-151Retrofit Requirements for Visibility Protection11/09/0304/10/17, [Insert Federal Register citation]
400-161Compliance Schedules03/18/0104/10/17, [Insert Federal Register citation]
400-171Public Involvement10/09/1604/10/17, [Insert Federal Register citation]Except: 400-171(2)(a)(xii).
400-190Requirements for Nonattainment Areas10/09/1604/10/17, [Insert Federal Register citation]
400-200Vertical Dispersion Requirement, Creditable Stack Height and Dispersion Techniques10/09/1604/10/17, [Insert Federal Register citation]
400-205Adjustment for Atmospheric Conditions03/18/0104/10/17, [Insert Federal Register citation]
400-210Emission Requirements of Prior Jurisdictions03/18/0104/10/17, [Insert Federal Register citation]
400-800Major Stationary Source and Major Modification in a Nonattainment Area10/09/1604/10/17, [Insert Federal Register citation]
400-810Major Stationary Source and Major Modification Definitions10/09/1604/10/17, [Insert Federal Register citation]
400-820Determining If a New Stationary Source or Modification to a Stationary Source is Subject to These Requirements10/09/1604/10/17, [Insert Federal Register citation]
400-830Permitting Requirements10/09/1604/10/17, [Insert Federal Register citation]
400-840Emission Offset Requirements10/09/1604/10/17, [Insert Federal Register citation]
400-850Actual Emissions—Plantwide Applicability Limitation (PAL)10/09/1604/10/17, [Insert Federal Register citation]
400-860Public Involvement Procedures10/09/1604/10/17, [Insert Federal Register citation]
Appendix ASWCAA Method 9 Visual Opacity Determination Method10/09/1604/10/17, [Insert Federal Register citation]
Appendix BDescription of Vancouver Ozone and Carbon Monoxide Maintenance Area Boundary10/09/1604/10/17, [Insert Federal Register citation]
Emission Standards and Controls for Sources Emitting Volatile Organic Compounds
490-010Policy and Purpose11/21/965/19/97, 62 FR 27204
490-020Definitions11/21/965/19/97, 62 FR 27204
490-025General Applicability11/21/965/19/97, 62 FR 27204
490-030Registration and Reporting11/21/965/19/97, 62 FR 27204
490-040Requirements11/21/965/19/97, 62 FR 27204
490-080Exceptions & Alternative Methods11/21/965/19/97, 62 FR 27204
490-090New Source Review11/21/965/19/97, 62 FR 27204
490-200Petroleum Refinery Equipment Leaks11/21/965/19/97, 62 FR 27204
490-201Petroleum Liquid Storage in External Floating Roof Tanks11/21/965/19/97, 62 FR 27204
490-202Leaks from Gasoline Transport Tanks and Vapor Collection Systems11/21/965/19/97, 62 FR 27204
490-203Perchloroethylene Dry Cleaning Systems11/21/965/19/97, 62 FR 27204
490-204Graphic Arts Systems11/21/965/19/97, 62 FR 27204
490-205Surface Coating of Miscellaneous Metal Parts and Products11/21/965/19/97, 62 FR 27204
490-207Surface Coating of Flatwood Paneling11/21/965/19/97, 62 FR 27204
490-208Aerospace Assembly & Component Coating Operations11/21/965/19/97, 62 FR 27204
Start Printed Page 17142
Emissions Standards and Controls for Sources Emitting Gasoline Vapors
491-010Policy and Purpose11/21/965/19/97, 62 FR 27204
491-015Applicability11/21/965/19/97, 62 FR 27204
491-020Definitions11/21/965/19/97, 62 FR 27204
491-030Registration11/21/965/19/97, 62 FR 27204
491-040Gasoline Vapor Control Requirements11/21/965/19/97, 62 FR 27204
491-050Failures, Certification, Testing & Recordkeeping11/21/965/19/97, 62 FR 27204
491-060Severability11/21/965/19/97, 62 FR 27204
Oxygenated Fuels
492-010Policy and Purpose11/21/964/30/97, 62 FR 23363
492-020Applicability11/21/964/30/97, 62 FR 23363
492-030Definitions11/21/964/30/97, 62 FR 23363
492-040Compliance Requirements11/21/964/30/97, 62 FR 23363
492-050Registration Requirements11/21/964/30/97, 62 FR 23363
492-060Labeling Requirements11/21/964/30/97, 62 FR 23363
492-070Control Area and Control Period11/21/964/30/97, 62 FR 23363
492-080Enforcement and Compliance11/21/964/30/97, 62 FR 23363
492-090Unplanned Conditions11/21/964/30/97, 62 FR 23363
492-100Severability11/21/964/30/97, 62 FR 23363
VOC Area Source Rules
493-100Consumer Products (Reserved)05/26/965/19/97, 62 FR 27204
493-200-010Applicability05/26/965/19/97, 62 FR 27204
493-200-020Definitions05/26/965/19/97, 62 FR 27204
493-200-030Spray Paint Standards & Exemptions05/26/965/19/97, 62 FR 27204
493-200-040Requirements for Manufacture, Sale and Use of Spray Paint05/26/965/19/97, 62 FR 27204
493-200-050Recordkeeping & Reporting Requirements05/26/965/19/97, 62 FR 27204
493-200-060Inspection and Testing Requirements05/26/965/19/97, 62 FR 27204
493-300-010Applicability5/26/965/19/97, 62 FR 27204
493-300-020Definitions5/26/965/19/97, 62 FR 27204
493-300-030Standards5/26/965/19/97, 62 FR 27204
493-300-040Requirements for Manufacture, Sale and Use of Architectural Coatings5/26/965/19/97, 62 FR 27204
493-300-050Recordkeeping & Reporting Requirements5/26/965/19/97, 62 FR 27204
493-300-060Inspection and Testing Requirements5/26/965/19/97, 62 FR 27204
493-400-010Applicability05/26/965/19/97, 62 FR 27204
493-400-020Definitions05/26/965/19/97, 62 FR 27204
493-400-030Coating Standards & Exemptions05/26/965/19/97, 62 FR 27204
493-400-040Requirements for Manufacture & Sale of Coating05/26/965/19/97, 62 FR 27204
493-400-050Requirements for Motor Vehicle Refinishing in Vancouver AQMA05/26/965/19/97, 62 FR 27204
493-400-060Recordkeeping and Reporting Requirements05/26/965/19/97, 62 FR 27204
493-400-070Inspection & Testing Requirements05/26/965/19/97, 62 FR 27204
493-500-010Applicability05/26/9605/19/97, 62 FR 27204
493-500-020Compliance Extensions05/26/9605/19/97, 62 FR 27204
493-500-030Exemption from Disclosure to the Public05/26/9605/19/97, 62 FR 27204
493-500-040Future Review05/26/9605/19/97, 62 FR 27204
Washington Department of Ecology Regulations
Washington Administrative Code, Chapter 173-400—General Regulations for Air Pollution Sources
173-400-117Special Protection Requirements for Federal Class I Areas12/29/1204/10/17, [Insert Federal Register citation]For permits issued under the applicability provisions of WAC 173-400-800.
Start Printed Page 17143
173-400-118Designation of Class I, II, and III Areas12/29/1204/10/17, [Insert Federal Register citation]
173-400-560General Order of Approval12/29/1204/10/17, [Insert Federal Register citation]Except:—The part of 173-400-560(1)(f) that says, “173-460 WAC”.
* * * * *

(e) * * *

Table 1—Approved but not Incorporated by Reference Regulations

State/local citationTitle/subjectState/local effective dateEPA approval dateExplanations
Washington Department of Ecology Regulations
173-400-220Requirements for Board Members3/22/916/2/95, 60 FR 28726
173-400-230Regulatory Actions3/20/936/2/95, 60 FR 28726
173-400-240Criminal Penalties3/22/916/2/95, 60 FR 28726
173-400-250Appeals9/20/936/2/95, 60 FR 28726
173-400-260Conflict of Interest07/01/1610/6/16, 81 FR 69385
173-433-200Regulatory Actions and Penalties10/18/901/15/93, 58 FR 4578
Benton Clean Air Agency Regulations
2.01Powers and Duties of the Benton Clean Air Agency (BCAA)12/11/1411/17/15, 80 FR 71695
2.02Requirements for Board of Directors Members12/11/1411/17/15, 80 FR 71695Replaces WAC 173-400-220.
2.03Powers and Duties of the Board of Directors12/11/1411/17/15, 80 FR 71695
2.04Powers and Duties of the Control Officer12/11/1411/17/15, 80 FR 71695
2.05Severability12/11/1411/17/15, 80 FR 71695
2.06Confidentiality of Records and Information12/11/1411/17/15, 80 FR 71695
Olympic Region Clean Air Agency Regulations
8.1.6Penalties5/22/1010/3/13, 78 FR 61188
Southwest Clean Air Agency Regulations
400-220Requirements for Board Members3/18/0104/10/17, [Insert Federal Register citation]
400-230Regulatory Actions and Civil Penalties10/9/1604/10/17, [Insert Federal Register citation]
400-240Criminal Penalties3/18/0104/10/17, [Insert Federal Register citation]
400-250Appeals11/9/0304/10/17, [Insert Federal Register citation]
400-260Conflict of Interest3/18/0104/10/17, [Insert Federal Register citation]
400-270Confidentiality of Records and Information11/9/0304/10/17, [Insert Federal Register citation]
400-280Powers of Agency3/18/0104/10/17, [Insert Federal Register citation]
Spokane Regional Clean Air Agency Regulations
8.11Regulatory Actions and Penalties09/02/1409/28/15, 80 FR 58216
* * * * *
Start Amendment Part

3. Amend § 52.2498 by revising paragraph (a)(2) to read as follows:

End Amendment Part
Visibility protection.

(a) * * *Start Printed Page 17144

(2) Sources subject to the jurisdiction of local air authorities (except Benton Clean Air Agency and Southwest Clean Air Agency);

* * * * *
End Supplemental Information

Footnotes

1.  62 FR 27968 (May 22, 1997).

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[FR Doc. 2017-07022 Filed 4-7-17; 8:45 am]

BILLING CODE 6560-50-P