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Approval and Promulgation of Implementation Plans; Washington; Puget Sound Clean Air Agency, Regulation I

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Environmental Protection Agency (EPA).


Final rule.


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 the Puget Sound Clean Air Agency (PSCAA). This action updates certain PSCAA regulations currently in the SIP, removes obsolete regulations, and approves a subset of updated Ecology regulations to apply in PSCAA's jurisdiction.


This final rule is effective May 22, 2020.


The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2019-0710. All documents in the docket are listed on the website. Although listed in the index, some information is not publicly available, e.g., 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 will be publicly available only in hard copy form. Publicly available docket materials are available at, or please contact the person listed in the FOR FURTHER INFORMATION CONTACT section for additional availability information.

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Jeff Hunt, EPA Region 10, 1200 Sixth Avenue—Suite 155, Seattle, WA 98101, at (206) 553-0256, or

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Throughout this document, wherever “we,” “us,” or “our” is used, it means the EPA.

I. Background

On January 28, 2020, we proposed to approve updates to certain PSCAA regulations currently in the SIP, remove obsolete regulations, and approve a subset of updated Ecology regulations to apply in PSCAA's jurisdiction (85 FR 4921). The reasons for our proposed approval were stated in the proposed rule and will not be re-stated here.

II. Response to Comments

The public comment period for our proposed action ended on February 27, 2020. We received two comments. Both comments are included in the docket for this action. The first comment focused on permitting requirements under the Prevention of Significant Deterioration (PSD) program operated in Washington State by Ecology and the Energy Facility Site Evaluation Council (EFSEC). Saliently, the EPA did not propose any changes to the PSD regulations in Washington Administrative Code (WAC) 173-400-700 through 173-400-750. Further, as discussed in the proposal for this action, PSCAA does not issue PSD permits in Washington State. For the above reasons, we consider the first comment to be outside the scope of this action. The second comment was a generalized critique of the EPA. We do not consider these comments to be germane or relevant to this action and therefore not adverse to this action. The comments lack the required specificity to the proposed SIP revision and the relevant requirements of Clean Air Act (CAA) section 110. Moreover, none of the comments address a specific regulation or provision in question or recommend a different action on the SIP submission from what the EPA proposed. Therefore, we are finalizing our action as proposed.

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 7—Additional Regulations Approved for the Puget Sound Clean Air Agency (PSCAA) Jurisdiction, the following PSCAA Regulation I sections (effective date):

  • 1.01 (11/01/1999), 1.07 (12/01/2018), 3.03(f) (02/01/2012), 3.04 (07/01/2012), 3.25 (11/01/2019), 5.03 (11/01/2016), 5.05 (02/01/2017), 6.01 (05/01/2013), 6.03 (11/01/2015), 6.09 (05/01/2004), 6.10 (09/01/2001), 7.09 (02/01/2017), 9.03 (05/01/2004), 9.04 (05/01/2004), 9.07 (05/19/1994), 9.08 (05/01/2004), 9.09 (06/01/1998), 9.11(a) (04/17/1999), 9.13 (06/09/1988), 9.15 (04/17/1999), 9.16 (12/02/2010), 9.18 (03/02/2012), and 12.03 (11/01/2015).

The EPA is also approving and incorporating by reference PSCAA's adoption by reference of the following Chapter 173-400 WAC provisions submitted for approval (effective date):

  • 173-400-030 (12/29/2012), 173-400-081 (04/01/2011), 173-400-110 (12/29/2012), 173-400-111 (07/01/2016), 173-400-112 (12/29/2012), 173-400-113 (12/29/2012), 173-400-117 (12/29/2012), 173-400-171 (07/01/2016), 173-400-200 (02/10/2005), 173-400-560 (12/29/2012), 173-400-800 (4/01/2011), 173-400-810 (07/01/2016), 173-400-820 (12/29/2012), 173-400-830 (07/01/2016), 173-400-840 (07/01/2016), 173-400-850 (07/01/2016), and 173-400-860 (4/01/2011).

Lastly, for Chapter 173-400 WAC provisions not adopted by reference by PSCAA, we are approving the following updates to apply within PSCAA's jurisdiction (effective date):

  • 173-400-020 (12/29/2012), 173-400-040 (09/16/2018), 173-400-091 (4/1/2011), 173-400-105 (11/25/2018), 173-400-118 (12/29/2012), 173-400-131 (04/1/2011), 173-400-136 (12/29/2012), 173-400-151 (2/10/2005), and 173-400-175 (2/10/2005).

Please see the amendatory text for more detailed information about the provisions submitted and approved in this action, including local agency corollaries which replace certain Chapter 173-400 WAC provisions and exclusions to our approval.

B. Approved But Not Incorporated by Reference Regulations

In addition to the regulations approved and incorporated by reference above, 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. On August 31, 2004, the EPA reviewed and approved Regulation I, sections 3.01, 3.05, 3.09, 3.13, 3.15, 3.17, 3.19, and 3.21 as providing PSCAA adequate enforcement and other general authority for purposes of implementing and enforcing its SIP but did not incorporate these provisions by reference (69 FR 53007). While these provisions remain unchanged since our last review and approval, we are 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. Lastly, PSCAA updated Regulation 1, sections 3.07 and 3.11 which we are approving, but not incorporating by reference.Start Printed Page 22356

C. Regulations To Remove From the SIP

As discussed in the proposal for this action, we are removing from the SIP Regulation I, sections 5.02, 6.03(b)(10) [formerly 6.03(b)(17)], 6.04, 6.06, 6.07, and 6.08. We are also removing outdated Chapter 173-400 WAC provisions and replacing them with the submitted PSCAA replacement corollaries, including PSCAA's adoption by reference of certain Chapter 173-400 WAC provisions, or the currently approved updates to Chapter 173-400 WAC. Please see 85 FR 10301 (February 24, 2020) for our most recent approval of Chapter 173-400 WAC.

D. Scope of Proposed Action

This revision to the SIP applies specifically to the PSCAA jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)—Table 7. As discussed in our proposal, local air agency jurisdiction in Washington is generally defined on a geographic basis; however, there are exceptions. By statute, PSCAA does not have authority for sources under the jurisdiction of 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, PSCAA 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 and EFSEC also retain statewide, direct jurisdiction for issuing PSD permits. Therefore, the EPA is not approving into 40 CFR 52.2470(c)—Table 7 those provisions of Chapter 173-400 WAC related to the PSD program. Specifically, these provisions are WAC 173-400-116 and WAC 173-400-700 through 173-400-750, which the EPA has already approved as applying state-wide under 40 CFR 52.2470(c)—Tables 2 and 3.

Also, as described in our proposal for this action, jurisdiction to implement the visibility permitting program contained in WAC 173-400-117 varies depending on the situation. Ecology and EFSEC retain 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 WAC 173-400-800, incorporated by reference in Regulation I, we are approving PSCAA's implementation of those parts of WAC 173-400-117 as they relate to major nonattainment NSR permits. Therefore, we are 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 implementation of the major nonattainment NSR program in PSCAA's jurisdiction.

Lastly, this SIP revision 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 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). 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.

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, we are finalizing the incorporation by reference as described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through 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). Therefore, these materials have been approved by the EPA for inclusion in the SIP, 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 in the next update to the SIP compilation.[1]

V. Statutory and Executive Order 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);
  • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866;
  • 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 it does not address 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 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). Washington's SIP is approved to apply on non-trust land within the exterior boundaries of the Puyallup Indian Start Printed Page 22357Reservation, 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 provided a consultation opportunity to the Puyallup Tribe in a letter dated March 21, 2018.

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 22, 2020. 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)).

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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
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Dated: April 10, 2020.

Christopher Hladick,

Regional Administrator, Region 10.

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

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

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

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Subpart WW—Washington

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2. Amend § 52.2470 by revising Table 7 of paragraph (c) and Table 1 of paragraph (e), to read as follows:

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Identification of plan.
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(c) * * *

Table 7—Additional Regulations Approved for the Puget Sound Clean Air Agency (PSCAA) Jurisdiction

[Applicable in King, Kitsap, Pierce and Snohomish counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction; facilities subject to the Washington Department of Ecology's direct jurisdiction under Chapters 173-405, 173-410, and 173-415 Washington Administrative Code (WAC); Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation); any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of WAC 173-400-700.]

State/local citationTitle/subjectState/local effective dateEPA approval dateExplanations
Puget Sound Clean Air Agency Regulations
Regulation I—Article 1: Policy, Short Title, and Definitions
1.01Policy11/01/994/22/20, [Insert Federal Register citation]Replaces WAC 173-400-010.
1.03Name of Agency11/01/998/31/04, 69 FR 53007
1.05Short Title11/01/998/31/04, 69 FR 53007
1.07Definitions12/01/184/22/20, [Insert Federal Register citation]Except the definition “toxic air pollutant (TAP) or toxic air contaminant.”
Regulation I—Article 3: General Provisions
3.03(f)General Regulatory Orders02/01/124/22/20, [Insert Federal Register citation]
3.04Reasonably Available Control Technology07/01/124/22/20, [Insert Federal Register citation]Except 3.04(e). Replaces WAC 173-400-040(1)(c).
3.06Credible Evidence11/14/988/31/04, 69 FR 53007
3.25Federal Regulation Reference Date11/01/194/22/20, [Insert Federal Register citation]Replaces WAC 173-400-025.
Regulation I—Article 5: Registration
5.03Applicability of Registration Program11/01/164/22/20, [Insert Federal Register citation]Except 5.03(a)(8)(Q) and 5.03(b)(5).
5.05Registration Requirements02/01/174/22/20, [Insert Federal Register citation]Except 5.05(b)(1) and (2).
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Regulation I—Article 6: New Source Review
6.01Components of New Source Review Program8/01/184/22/20, [Insert Federal Register citation]Except the parenthetical in 6.01(b) which states “as delegated by agreement with the US Environmental Protection Agency, Region 10.” See subheading below for revised Chapter 173-400 WAC provisions incorporated by reference.
6.03Notice of Construction11/01/154/22/20, [Insert Federal Register citation]Except 6.03(b)(10). Section 6.03 replaces WAC 173-400-110, except WAC 173-400-110(1)(c)(i) and (1)(d) which are incorporated by reference.
6.09Notice of Completion05/01/044/22/20, [Insert Federal Register citation]
6.10Work Done without an Approval09/01/014/22/20, [Insert Federal Register citation]
Regulation I—Article 7: Operating Permits
7.09General Reporting Requirements for Operating Permits02/01/174/22/20, [Insert Federal Register citation]Excluding toxic air pollutants.
Regulation I—Article 8: Outdoor Burning
8.04General Conditions for Outdoor Burning01/01/018/31/04, 69 FR 53007
8.05Agricultural Burning01/01/018/31/04, 69 FR 53007
8.06Outdoor Burning Ozone Contingency Measure01/23/038/05/04, 69 FR 47364
8.09Description of King County No-Burn Area01/01/018/31/04, 69 FR 53007
8.10Description of Pierce County No-Burn Area01/01/018/31/04, 69 FR 53007
8.11Description of Snohomish County No-Burn Area01/01/018/31/04, 69 FR 53007
8.12Description of Kitsap County No-Burn Area11/30/028/31/04, 69 FR 53007
Regulation I—Article 9: Emission Standards
9.03Emission of Air Contaminant: Visual Standard05/01/044/22/20, [Insert Federal Register citation]Except 9.03(e). Replaces WAC 173-400-040(2).
9.04Opacity Standards for Equipment with Continuous Opacity Monitoring Systems05/01/044/22/20, [Insert Federal Register citation]Except 9.04(d)(2) and 9.04(f).
9.05Refuse Burning1/13/9406/29/95, 60 FR 33734
9.07Sulfur Dioxide Emission Standard05/19/944/22/20, [Insert Federal Register citation]Replaces WAC 173-400-040(7).
9.08Fuel Oil Standards05/01/044/22/20, [Insert Federal Register citation]Approved only as it applies to the regulation of criteria pollutants.
9.09Particulate Matter Emission Standards06/01/984/22/20, [Insert Federal Register citation]Replaces WAC 173-400-050(1)&(3) and 173-400-060.
9.11(a)Emission of Air Contaminant: Detriment to Person or Property04/17/994/22/20, [Insert Federal Register citation]Replaces WAC 173-400-040(6).
9.13Emission of Air Contaminant: Concealment and Masking Restricted06/09/884/22/20, [Insert Federal Register citation]Replaces WAC 173-400-040(8).
9.15Fugitive Dust Control Measures04/17/994/22/20, [Insert Federal Register citation]Replaces WAC 173-400-040(9)(a).
9.16Spray-Coating Operations12/02/104/22/20, [Insert Federal Register citation]
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9.18Crushing Operations03/02/124/22/20, [Insert Federal Register citation]
9.20Maintenance of Equipment6/9/8808/29/94, 59 FR 44324
Regulation I—Article 12: Standards of Performance for Continuous Emission Monitoring Systems
12.01Applicability06/01/988/31/04, 69 FR 53007
12.03Continuous Emission Monitoring Systems11/01/154/22/20, [Insert Federal Register citation]Replaces WAC 173-400-105(7).
Regulation I—Article 13: Solid Fuel Burning Device Standards
13.01Policy and Purpose12/01/125/29/13, 78 FR 32131
13.02Definitions12/01/125/29/13, 78 FR 32131
13.03Opacity Standards12/01/125/29/13, 78 FR 32131
13.04Prohibited Fuel Types12/01/125/29/13, 78 FR 32131
13.05Curtailment12/01/125/29/13, 78 FR 32131
13.06Emission Performance Standards12/01/125/29/13, 78 FR 32131
13.07Contingency Plan12/01/125/29/13, 78 FR 32131
Regulation II—Article 1: Purpose, Policy, Short Title, and Definitions
1.01Purpose11/01/9908/31/04, 69 FR 53007
1.02Policy11/01/9908/31/04, 69 FR 53007
1.03Short Title11/01/9908/31/04, 69 FR 53007
1.04General Definitions12/11/8002/28/83, 48 FR 8273
1.05Special Definitions9/1/0309/17/13, 78 FR 57073
Regulation II—Article 2: Gasoline Marketing Emission Standards
2.01Definitions08/13/9908/31/04, 69 FR 53007
2.03Petroleum Refineries07/15/9108/29/94, 59 FR 44324
2.05Gasoline Loading Terminals01/13/9406/29/95, 60 FR 33734
2.06Bulk Gasoline Plants07/15/9108/29/94, 59 FR 44324
2.07Gasoline Stations01/10/0008/31/04, 69 FR 53007
2.08Gasoline Transport Tanks08/13/9908/31/04, 69 FR 53007
2.09Oxygenated Gasoline Carbon Monoxide Contingency Measure and Fee Schedule01/23/0308/05/04, 69 FR 47365
2.10Gasoline Station Ozone Contingency Measure01/23/0308/05/04, 69 FR 47365
Regulation II—Article 3: Miscellaneous Volatile Organic Compound Emission Standards
3.01Cutback Asphalt Paving7/15/9108/29/94, 59 FR 44324
3.02Volatile Organic Compound Storage Tanks8/13/9908/31/04, 69 FR 53007
3.03Can and Paper Coating Operations3/17/9406/29/95, 60 FR 33734
3.04Motor Vehicle and Mobile Equipment Coating Operations9/1/0309/17/13, 78 FR 57073
3.05Graphic Arts Systems1/13/9406/29/95, 60 FR 33734
3.08Polyester, Vinylester, Gelcoat, and Resin Operations1/13/9406/29/95, 60 FR 33734
3.09Aerospace Component Coating Operations1/13/946/29/95, 60 FR 33734
Washington Administrative Code, Chapter 173-400 Regulations Incorporated by Reference in Regulation I, Section 6.01
173-400-030Definitions12/29/124/22/20, [Insert Federal Register citation]Except: 173-400-030(91).
173-400-081Startup and Shutdown04/01/114/22/20, [Insert Federal Register citation]
173-400-110New Source Review (NSR) for Sources and Portable Sources12/29/124/22/20, [Insert Federal Register citation]173-400-110(1)(c)(i) and 173-400-110(1)(d) only.
Start Printed Page 22360
173-400-111Processing Notice of Construction Applications for Sources, Stationary Sources and Portable Sources07/01/164/22/20, [Insert Federal Register citation]Except: 173-400-111(3)(h);—The part of 173-400-111(8)(a)(v) that says, “and 173-460-040,”; 173-400-111(9).
173-400-112Requirements for New Sources in Nonattainment Areas12/29/124/22/20, [Insert Federal Register citation]
173-400-113Requirements for New Sources in Attainment or Unclassifiable Areas12/29/124/22/20, [Insert Federal Register citation]Except: 173-400-113(3), second sentence.
173-400-117Special Protection Requirements for Federal Class I Areas12/29/124/22/20, [Insert Federal Register citation]
173-400-171Public Notice and Opportunity for Public Comment07/01/164/22/20, [Insert Federal Register citation]Except: —The part of 173-400-171(3)(b) that says, “or any increase in emissions of a toxic air pollutant above the acceptable source impact level for that toxic air pollutant as regulated under chapter 173-460 WAC”; 173-400-171(12).
173-400-200Creditable Stack Height and Dispersion Techniques02/10/054/22/20, [Insert Federal Register citation]
173-400-560General Order of Approval12/29/124/22/20, [Insert Federal Register citation]Except: — The part of 173-400-560(1)(f) that says, “173-460 WAC”.
173-400-800Major Stationary Source and Major Modification in a Nonattainment Area4/01/114/22/20, [Insert Federal Register citation]EPA did not review WAC 173-400-800 through 860 for consistency with the August 24, 2016 PM2.5 implementation rule (81 FR 58010); nor does PSCAA have an obligation to submit rule revisions to address the 2016 PM2.5 implementation rule at this time.
173-400-810Major Stationary Source and Major Modification Definitions07/01/164/22/20, [Insert Federal Register citation]
173-400-820Determining if a New Stationary Source or Modification to a Stationary Source is Subject to these Requirements12/29/124/22/20, [Insert Federal Register citation]
173-400-830Permitting Requirements07/01/164/22/20, [Insert Federal Register citation]
173-400-840Emission Offset Requirements07/01/164/22/20, [Insert Federal Register citation]
173-400-850Actual Emissions Plantwide Applicability Limitation (PAL)07/01/164/22/20, [Insert Federal Register citation]
173-400-860Public Involvement Procedures4/01/114/22/20, [Insert Federal Register citation]
Washington Department of Ecology Regulations
Washington Administrative Code, Chapter 173-400—General Regulations for Air Pollution Sources
173-400-020Applicability12/29/124/22/20, [Insert Federal Register citation]
173-400-040General Standards for Maximum Emissions09/16/184/22/20, [Insert Federal Register citation]173-400-040(1)(a) & (b), 173-400-040(4); and 173-400-040(9)(b) only.
173-400-070Emission Standards for Certain Source Categories03/22/9106/02/95, 60 FR 28726Except (7).
Start Printed Page 22361
173-400-091Voluntary Limits on Emissions4/1/114/22/20, [Insert Federal Register citation]9/20/93 version continues to be approved under the authority of CAA Section 112(l) with respect to Section 112 hazardous air pollutants. See 60 FR 28726 (June 2, 1995).
173-400-105Records, Monitoring and Reporting11/25/184/22/20, [Insert Federal Register citation]Except: 173-400-105(7).
173-400-107Excess Emissions09/20/9306/02/95, 60 FR 28726
173-400-118Designation of Class I, II, and III Areas12/29/124/22/20, [Insert Federal Register citation]
173-400-131Issuance of Emission Reduction Credits04/1/114/22/20, [Insert Federal Register citation]
173-400-136Use of Emission Reduction Credits (ERC)12/29/124/22/20, [Insert Federal Register citation]
173-400-151Retrofit Requirements for Visibility Protection2/10/054/22/20, [Insert Federal Register citation]
173-400-161Compliance Schedules3/22/9106/02/95, 60 FR 28726
173-400-175Public Information2/10/054/22/20, [Insert Federal Register citation]
173-400-190Requirements for Nonattainment Areas3/22/9106/02/95, 60 FR 28726
173-400-205Adjustment for Atmospheric Conditions3/22/9106/02/95, 60 FR 28726
173-400-210Emission Requirements of Prior Jurisdictions3/22/9106/02/95, 60 FR 28726
* * * * *

(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 Members3/22/9106/02/95, 60 FR 28726
173-400-230Regulatory Actions3/20/9306/02/95, 60 FR 28726
173-400-240Criminal Penalties3/22/9106/02/95, 60 FR 28726
173-400-250Appeals9/20/9306/02/95, 60 FR 28726
173-400-260Conflict of Interest07/01/1610/06/16, 81 FR 69385
173-433-200Regulatory Actions and Penalties10/18/9001/15/93, 58 FR 4578
Energy Facility Site Evaluation Council Regulations
463-78-135Criminal Penalties11/11/0405/30/17, 82 FR 24533
463-78-140Appeals Procedure3/26/0605/30/17, 82 FR 24533Except (3) and (4).
463-78-170Conflict of Interest11/11/0405/30/17, 82 FR 24533
463-78-230Regulatory Actions11/11/0405/30/17, 82 FR 24533
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
Start Printed Page 22362
2.06Confidentiality of Records and Information12/11/1411/17/15, 80 FR 71695
Olympic Region Clean Air Agency Regulations
8.1.6Penalties05/22/1010/03/13, 78 FR 61188
Puget Sound Clean Air Agency Regulations
3.01Duties and Powers of the Control Officer11/01/994/22/20, [Insert Federal Register citation]
3.05Investigations by the Control Officer03/17/944/22/20, [Insert Federal Register citation]
3.07Compliance Tests05/01/064/22/20, [Insert Federal Register citation]
3.09Violations—Notice09/12/914/22/20, [Insert Federal Register citation]
3.11Civil Penalties11/01/194/22/20, [Insert Federal Register citation]
3.13Criminal Penalties09/12/914/22/20, [Insert Federal Register citation]
3.15Additional Enforcement09/12/914/22/20, [Insert Federal Register citation]
3.17Appeal of Orders11/14/984/22/20, [Insert Federal Register citation]
3.19Confidential Information09/12/914/22/20, [Insert Federal Register citation]
3.21Separability09/12/914/22/20, [Insert Federal Register citation]
Southwest Clean Air Agency Regulations
400-220Requirements for Board Members3/18/0104/10/17, 82 FR 17136
400-230Regulatory Actions and Civil Penalties10/9/1604/10/17, 82 FR 17136
400-240Criminal Penalties3/18/0104/10/17, 82 FR 17136
400-250Appeals11/9/0304/10/17, 82 FR 17136
400-260Conflict of Interest3/18/0104/10/17, 82 FR 17136
400-270Confidentiality of Records and Information11/9/0304/10/17, 82 FR 17136
400-280Powers of Agency3/18/0104/10/17, 82 FR 17136
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)(1) to read as follows:

End Amendment Part
Visibility protection.

(a) * * *

(1) Sources subject to the jurisdiction of local air authorities (except Benton Clean Air Agency, Puget Sound Clean Air Agency, and Southwest Clean Air Agency);

* * * * *
End Supplemental Information


1.  62 FR 27968 (May 22, 1997).

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[FR Doc. 2020-08124 Filed 4-21-20; 8:45 am]