[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30954-30956]
[FR Doc No: 2013-12357]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7918; 2002-13411; 2003-14504; 2006-26066; 2008-
0231]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew the exemptions from

the vision requirement in the Federal Motor Carrier Safety Regulations
for 17 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective June 4, 2013. Comments must be
received on or before June 24, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000-
7918; 2002-13411; 2003-14504; 2006-26066; 2008-0231], using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 17 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 17 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Rickie L. Boone (NC)
Michael C. Boyne (FL)
Timothy H. DuBois (MN)
Alf M. Gronstedt (TX)
Dennis K. Harris (GA)
Donald E. Howell (PA)
Timothy T. Hudson (VA)
William D. Johnson (OK)
Phillip L. Mangen (OH)
Tommy R. Masterson (OR)
Clarence M. Miles (OK)
Steven M. Montalbo (CA)
Randel G. Pierce (WI)
Vincent Rubino (NJ)
Randy G. Spilman (OH)
Thomas S. Thompson (NE)
Robert A. Wegner (MN)

    The exemptions are extended subject to the following conditions:
(1) that each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10)
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) the person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 17 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 66286; 66 FR 13825; 67 FR 76439; 68 FR 10298; 68 FR
13360; 68 FR 19598; 68 FR 33570; 70 FR 25878; 71 FR 63379; 72 FR 1050;
72 FR 28093; 73 FR 54888; 73 FR 46973; 74 FR 19270; 74 FR 20253; 76 FR
25762; 76 29026). Each of these 17 applicants has requested renewal of
the exemption and has submitted evidence showing that the vision in the
better eye continues to meet the requirement specified at 49 CFR
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past two years indicates each applicant
continues to meet the vision exemption requirements. These factors
provide an adequate basis for predicting each driver's ability to
continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of two years is likely to achieve a level of safety

equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by June 24, 2013.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 17 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: May 15, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-12357 Filed 5-22-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Notices]
[Pages 5179-5180]
[FR Doc No: 2011-1862]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0464]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Testing
Communications on Biological Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
February 28, 2011.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910--New and
title ``Testing Communications on Biological Products.'' Also include
the FDA docket number found in brackets in the heading of this
document.

FOR FURTHER INFORMATION CONTACT: Johnny Vilela, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B,
Rockville, MD 20850,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Testing Communications on Biological Products--(OMB Control Number
0910--New)

    FDA is authorized by section 1003(d)(2)(D) of the Federal Food Drug
and Cosmetic Act (21 U.S.C. 393(d)(2)(D)) (Attachment 2) to conduct
educational and public information programs relating to the safety of
regulated biological products. FDA must conduct needed research to
ensure that such programs have the highest likelihood of being
effective. FDA expects that improving communications about biological
products including

vaccines and blood products will involve many research methods,
including individual in-depth interviews, mall-intercept interviews,
focus groups, self-administered surveys, gatekeeper reviews, and
omnibus telephone surveys.
    The information collected will serve three major purposes. First,
as formative research it will provide critical knowledge needed about
target audiences to develop messages and campaigns about biological
product use. Knowledge of consumer and healthcare professional
decisionmaking processes will provide the better understanding of
target audiences that FDA needs to design effective communication
strategies, messages, and labels. These communications will aim to
improve public understanding of the risks and benefits of using
biological products including vaccines and blood products by providing
users with a better context in which to place risk information more
completely.
    Second, as initial testing, it will allow FDA to assess the
potential effectiveness of messages and materials in reaching and
successfully communicating with their intended audiences. Testing
messages with a sample of the target audience will allow FDA to refine
messages while still in the developmental stage. Respondents will be
asked to give their reaction to the messages in either individual or
group settings.
    Third, as evaluative research, it will allow FDA to ascertain the
effectiveness of the messages and the distribution method of these
messages in achieving the objectives of the message campaign.
Evaluation of campaigns is a vital link in continuous improvement of
communications at FDA.
    In the Federal Register of October 5, 2010 (75 FR 61492), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received on the information
collection.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                      Annual
         21 CFR Section              Number of    frequency  per   Total annual      Hours per      Total hours
                                    respondents      response        responses       response
----------------------------------------------------------------------------------------------------------------
1003(d)(2)(D)...................          16,448               1          16,448          0.1739           2,860
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           2,860
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: January 24, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-1862 Filed 1-27-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Proposed Rules]
[Pages 6413-6423]
[FR Doc No: 2017-01090]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0784: FRL-9958-41-Region 10]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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, has jurisdiction, and
statewide to source categories over which Ecology has 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 apply to local jurisdictions in separate,
future actions. If finalized, this proposed action would approve 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
would also approve a limited subset of Ecology regulations, for which
there are no corresponding SWCAA corollaries, to apply in SWCAA's
jurisdiction.

DATES: Written comments must be received on or before February 21,
2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2016-0784 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background for Proposed Action
II. Washington SIP Revisions
    A. SWCAA 400-010 Policy and Purpose
    B. SWCAA 400-020 Applicability
    C. SWCAA 400-030 Definitions
    D. SWCAA 400-036 Portable Sources From Other Washington
Jurisdictions
    E. SWCAA 400-040 General Standards for Maximum Emissions
    F. SWCAA 400-050 Emission Standards for Combustion and
Incineration Units
    G. SWCAA 400-052 Stack Sampling of Major Combustion Sources
    H. SWCAA 400-060 Emission Standards for General Process Units
    I. SWCAA 400-070 General Requirements for Certain Source
Categories
    J. SWCAA 400-072 Small Unit Notification for Selected Source
Categories
    K. SWCAA 400-074 Gasoline Transport Tanker Registration
    L. SWCAA 400-081 Startup and Shutdown
    M. SWCAA 400-091 Voluntary Limits on Emissions
    N. SWCAA 400-100 Registration Requirements and SWCAA 400-101
Emission Units Exempt From Registration Requirements
    O. SWCAA 400-105 Records, Monitoring and Reporting
    P. SWCAA 400-106 Emission Testing and Monitoring at Air
Contaminant Sources
    Q. SWCAA 400-109 Air Discharge Permit Applications
    R. SWCAA 400-110 Application Review Process for Stationary
Sources (New Source Review); SWCAA 400-111 Requirements for New
Sources in a Maintenance Plan Area; SWCAA 400-112 Requirements for
New Sources in Nonattainment Areas; and SWCAA 400-113 Requirements
for New Sources in Attainment or Nonclassifiable Areas
    S. SWCAA 400-114 Requirements for Replacement or Substantial
Alteration of Emission Control Technology at an Existing Stationary
Source
    T. SWCAA 400-116 Maintenance of Equipment
    U. SWCAA 400-130 Use of Emission Reduction Credits; SWCAA 400-
131 Deposit of Emission Reduction Credits Into Bank; and SWCAA 400-
136 Maintenance of Emission Reduction Credits in Bank
    V. SWCAA 400-151 Retrofit Requirements for Visibility Protection
and SWCAA 400-161 Compliance Schedules
    W. SWCAA 400-171 Public Involvement
    X. SWCAA 400-190 Requirements for Nonattainment Areas; SWCAA
400-200 Vertical Dispersion Requirement, Creditable Stack Height and
Dispersion Techniques; SWCAA 400-205 Adjustment for Atmospheric
Conditions; and SWCAA 400-210 Emission Requirements of Prior
Jurisdictions
    Y. 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
    Z. SWCAA 400-800 Major Stationary Source and Major Modification
in a Nonattainment Area; SWCAA 400-810 Major Stationary Source and
Major Modification Definitions; SWCAA 400-820 Determining if a New
Stationary

Source or Modification to a Stationary Source is Subject to These
Requirements; SWCAA 400-830 Permitting Requirements; SWCAA 400-840
Emission Offset Requirements; SWCAA 400-850 Actual Emissions--
Plantwide Applicability Limitation (PAL); SWCAA 400-860 Public
Involvement Procedures
    AA. WAC 173-400-117 Special Protection Requirements for Federal
Class I Areas; WAC 173-400-118 Designation of Class I, II, and III
Areas; and WAC 173-400-560 General Order of Approval
    BB. Appendix A--SWCAA Method 9, Visual Opacity Determination
Method
III. The EPA's Proposed Action
    A. Regulations To Approve and Incorporate by Reference Into the
SIP
    B. Regulations To Approve but Not Incorporate by Reference
    C. Regulations To Remove From the SIP
    D. Scope of Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. 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), which the EPA approved in three
phases on October 3, 2014 (79 FR 59653), November 7, 2014 (79 FR
66291), and April 29, 2015 (80 FR 23721). Because the Washington Clean
Air Act allows local clean air agencies to adopt equally stringent or
more stringent standards than the State regulations contained in
Chapter 173-400 WAC, the EPA's approval of Ecology's January 2014
submittal applied only to geographic areas and source categories under
Ecology's direct jurisdiction. We 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.

II. Washington SIP Revisions

    On December 20, 2016, the Director 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 SWCAA.
SWCAA's jurisdiction consists of Clark, Cowlitz, Lewis, Skamania and
Wahkiakum counties, excluding facilities subject to Energy Facility
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 173-405-012, 173-410-012, and 173-415-012, as discussed in
Section III.C. Scope of Proposed Action. Appendices A and B of the SIP
revision, included in the docket for this action, show the SWCAA 400
General Regulations for Air Pollution Sources submitted for approval to
apply in lieu of Chapter 173-400 WAC for sources within SWCAA's
jurisdiction. The regulations contained in SWCAA 400 generally mirror
the Ecology corollaries contained in WAC 173-400, with minor
adaptations to address local priorities and local air pollution
concerns. A summary of the provisions is provided below.

A. SWCAA 400-010 Policy and Purpose

    Aside from the name change ``Southwest Air Pollution Control
Authority'' to ``Southwest Clean Air Agency'' this section remains
unmodified since the EPA's last approval (62 FR 8624, February 26,
1997). The EPA reviewed SWCAA 400-010 and is proposing to approve this
provision to apply in lieu of WAC 173-400-010 within SWCAA's
jurisdiction.

B. SWCAA 400-020 Applicability

    The EPA's October 3, 2014 approval of the Ecology regulations
included a revised version of WAC 173-400-020 which clarified that
local clean air agencies have the option to implement equally stringent
or more stringent corollaries to apply in lieu of Chapter 173-400 WAC,
or parts of Chapter 173-400 WAC, for sources within its jurisdiction.
SWCAA added 400-020(2) to reflect this revision of WAC 173-400-020.
Specifically, SWCAA 400-020(2) states, ``The Agency implements and
enforces the Washington Administrative Code as adopted by Ecology in
Title 173 under Chapter 70.94 RCW, except where the Agency has adopted
corresponding provisions. Agency adopted provisions apply in lieu of
the corresponding WAC provisions.'' SWCAA 400-020(2) also clarifies
that SWCAA has chosen not to adopt WAC 173-400-930, which provides an
optional, alternative means of satisfying new source review permitting
requirements for emergency engines in jurisdictions that choose to
adopt this provision. As discussed later in this preamble, SWCAA 400-
072 Small Unit Notification for Selected Source Categories does contain
alternative means of satisfying new source review requirements for some
emergency service internal combustion engines. However, SWCAA 400-072
covers only a subset of the equipment addressed by WAC 173-400-930, and
is not intended by SWCAA to be a corollary to apply in lieu of WAC 173-
400-930. All other applicability provisions of SWCAA 400-020 remain
unchanged since the EPA's last approval on February 26, 1997. The EPA
reviewed SWCAA 400-020 and is proposing to approve this provision to
apply in lieu of WAC 173-400-020 within SWCAA's jurisdiction.

C. SWCAA 400-030 Definitions

    The majority of definitions contained in SWCAA 400-030 are adapted
or copied verbatim from the definitions contained in WAC 173-400-030,
as approved by the EPA in October 3, 2014. A notable exception is SWCAA
400-030(4) ``Air contaminant'' or ``air pollutant.'' In SWCAA 400-
030(4), the agency clarifies that for the purposes of regulation under
the Washington SIP, air contaminant means only, ``(a) Those air
contaminants for which the EPA has established National Ambient Air
Quality Standards (NAAQS) and precursors to such NAAQS pollutants as
determined by EPA for the applicable geographic area; and (b) Any
additional air contaminants that are required to be regulated under
Part C of Title I of the Federal Clean Air Act (CAA), but only for the
purpose of meeting the requirements of Part C or to the extent those
additional air contaminants are regulated in order to avoid such
requirements.'' This clarification is consistent with the EPA's
interpretation of section 110 of the CAA, and the EPA's response to
comments in our approval of the Chapter 173-400 WAC general provisions
(79 FR 59653, October 3, 2014, at page 59654). Similarly, SWCAA is not
submitting and the EPA is not proposing to approve SWCAA 400-030(21)
``Climate Change'' and SWCAA 400-030(129) ``Toxic Air Pollutant''
because they are not related to the criteria pollutants regulated under
title I of the CAA, not essential for meeting and maintaining the
NAAQS, or not related to the requirements for SIPs under section 110 of
the CAA. The remainder of the SWCAA definitions, not otherwise adapted
from the WAC, generally copy or cite to Federal definitions or internal
SWCAA definitions previously approved in other sections. With the
exception of SWCAA 400-030(21) and (129), we are proposing to approve
SWCAA 400-030 to apply in lieu of WAC 173-400-030 within SWCAA's
jurisdiction.

D. SWCAA 400-036 Portable Sources From Other Washington Jurisdictions

    The EPA's October 3, 2014 approval included Ecology's regulations
in WAC 173-400-036. WAC 173-400-036 allows portable sources to relocate
and operate in any other clean air agency jurisdiction within the
State, without obtaining a site-specific or permitting

agency-specific order of approval, if the permitting authority in the
destination jurisdiction has adopted this provision. Under WAC 173-400-
036, before a source can move it must: Already have an approved notice
of construction order identifying the emission units as a portable
source; submit a relocation notice and a copy of the applicable
portable source order of approval to the permitting agency with
jurisdiction over the intended operation location a minimum of fifteen
calendar days before the portable source begins operation at the new
location; submit the emissions inventory required under WAC 173-400-105
to each permitting agency in whose jurisdiction the portable source
operated during the preceding year; and limit operations to one year or
less. A source moving into a nonattainment area that emits a pollutant
or precursor for which the area is classified as nonattainment must
obtain a site-specific order of approval and may not rely on this
provision. Major stationary sources must comply with all otherwise
applicable Prevention of Significant Deterioration (PSD) requirements.
SWCAA 400-036 generally follows the language of WAC 173-400-036 with
minor revisions to reflect the SWCAA-specific permitting and emissions
inventory regulations. The EPA also notes that portable sources that
move within SWCAA's jurisdiction are regulated under the new source
review requirements of SWCAA 400-110(6), which is a minor difference
from the process used under the WAC. We believe these minor differences
do not affect approvability. The EPA reviewed SWCAA 400-036 and we are
proposing to approve this provision to apply in lieu of WAC 173-400-036
within SWCAA's jurisdiction.

E. SWCAA 400-040 General Standards for Maximum Emissions

    SWCAA 400-040 generally follows the language of WAC 173-400-040,
with minor changes to reflect SWCAA's regulatory structure or to
improve clarity. SWCAA submitted revisions to the introductory
paragraph of 400-040 and sections (1)(b), (1)(e), (3), (5), (6), (7),
and (8) for approval into the SIP. Other regulatory provisions
contained in SWCAA 400-040 were not submitted and SWCAA is not
requesting revision of these provisions in the SIP at this time.
    The revised regulations in sections (1)(b), (1)(e), (3), (5), (6),
(7), and (8) set out general requirements for reasonably available
control technology (RACT), visible emissions, fugitive emissions,
sulfur dioxide concentrations, and dust control. These general
requirements apply to all sources and emission units, unless applicable
emission unit-specific standards are contained in another section of
the regulations. Because the submitted SWCAA 400-040 regulatory text is
consistent with our October 2014 approval of the corresponding WAC 173-
400-040 provisions, we are proposing to approve the introductory
paragraph of SWCAA 400-040 and sections (1)(b), (1)(e), (3), (5), (6),
(7), and (8) to apply in lieu of WAC 173-400-040 within SWCAA's
jurisdiction.

F. SWCAA 400-050 Emission Standards for Combustion and Incineration
Units

    SWCAA 400-050 is similar in format and content to WAC 173-400-050
Emission Standards for Combustion and Incineration Units, with changes
to reflect SWCAA's regulatory structure or local pollution concerns, or
to improve clarity. SWCAA 400-050(1) provides particulate matter
emission standards that are nearly identical to WAC 173-400-050(1),
which the EPA approved in our October 3, 2014 action. SWCAA 400-050(2)
adds a fuel oil sulfur content limit that is not present in WAC 173-
400-050. The December 20, 2016 submittal explains that this sulfur
content limit became effective January 1, 2013, and is consistent with
Best Available Control Technology (BACT) limits that have routinely
been incorporated into SWCAA air discharge permits for combustion
sources in recent years. SWCAA 400-050(4) provides criteria for
modifying the default oxygen correction factor when appropriate, such
as where the source is also subject to a New Source Performance
Standard (NSPS) and that standard has a different oxygen correction
factor. This mirrors the corresponding EPA-approved provision in WAC
173-400-050(3). The EPA is therefore proposing approval of SWCAA 400-
050(1), (2), and (4) to apply in lieu of the corresponding provisions
of WAC 173-400-050 within SWCAA's jurisdiction.
    Consistent with the EPA's October 2014 final action on WAC 173-400-
050, SWCAA is not submitting and the EPA is not proposing to approve,
certain provisions in SWCAA 400-050 which do not regulate criteria
pollutants covered under title I of the CAA, are not essential for
meeting and maintaining the NAAQS, and are not required for SIPs under
section 110 of the CAA. Specifically, SWCAA requested that the EPA
remove SWCAA 400-050(3) from the SIP. This subsection, which regulates
total carbonyls from incineration units, corresponds to WAC 173-400-
050(2). In the EPA's October 2014 final action we removed WAC 173-400-
050(2) from the SIP, stating that total carbonyls are not a criteria
air pollutant or an EPA designated precursor to criteria pollutants,
and are not appropriate for inclusion in a SIP. Similarly, SWCAA is not
submitting, and the EPA is not proposing to approve, SWCAA 400-050(5)
and (6), which are emission guidelines for commercial, industrial, and
small municipal waste combustion units regulated under section 111 of
the CAA which are not related to section 110 of the CAA and not
appropriate for approval into the SIP.

G. SWCAA 400-052 Stack Sampling of Major Combustion Sources

    Ecology first submitted SWCAA 400-052 for incorporation into the
SIP in 1994. The intent was to establish a regime of emission testing
for large combustion sources that predated the establishment of SWCAA
and had not undergone new source review. In the December 20, 2016
submittal, SWCAA explains that all major sources that would otherwise
be subject to this provision already have periodic testing requirements
established via new source review and/or compliance assurance
monitoring imposed under the Air Operating Permit (AOP) program. For
this reason, SWCAA requested that the EPA remove SWCAA 400-052 from the
SIP. The EPA reviewed SWCAA's demonstration that removal of this
provision would not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of section 110 of the CAA and is proposing to
remove SWCAA 400-052 from the SIP. The demonstration can be found in
the docket for this action.

H. SWCAA 400-060 Emission Standards for General Process Units

    SWCAA 400-060 follows the SIP-approved requirements of WAC 173-400-
060, which stipulate that no person shall cause or allow the emission
of particulate material from any general process operation in excess of
0.23 grams per dry cubic meter at standard conditions of exhaust gas.
SWCAA 400-060 and WAC 173-400-060 use slightly different methods to
determine compliance. WAC 173-400-060 cites test methods found in 40
CFR parts 51, 60, 61 and 63 or contained in Ecology's ``Source Test
Manual--Procedures for Compliance Testing.'' SWCAA 400-060 cites test
methods from 40 CFR parts 51, 60, 61 and 63 and any other appropriate
test procedures approved in advance by both SWCAA and the EPA. The EPA
has

reviewed this minor difference in rule language regarding test methods
and is proposing to approve SWCAA 400-060 to apply in lieu of WAC 173-
400-060 in SWCAA's jurisdiction.

I. SWCAA 400-070 General Requirements for Certain Source Categories

    SWCAA submitted revisions to SWCAA 400-070 sections (1), (2)(b),
(3)(a), (4), (8)(a), (8)(b), (13), (15)(a), (15)(b), and (15)(d) for
approval into the SIP. Other regulatory provisions contained in SWCAA
400-070 were not submitted and SWCAA is not requesting revision of
these provisions in the SIP at this time.
    SWCAA 400-070, which sets separate standards applicable to certain
source categories, generally follows the language of the SIP-approved
provisions of WAC 173-400-070, with some differences. For example, WAC
173-400-070(1) sets requirements for the use of wigwam burners designed
to dispose of wood waste; whereas SWCAA 400-070(1) banned the use of
wigwam or equivalent type burners effective January 1, 1994. SWCAA 400-
070(2)(b) and (3)(a) regulate hog fuel boilers and orchard heaters,
respectively, with regulatory text identical to WAC 173-400-070(2)(b)
and (3)(a). SWCAA 400-070 contains no provisions that correspond to WAC
173-400-070(4) and (6), which regulate grain elevators and certain wood
waste burners, respectively. This has the effect of making SWCAA 400-
070 more stringent, subjecting these source categories to all general
standards rather than providing source category exemptions from the
general standards. SWCAA 400-070(4), which regulates catalytic cracking
units, corresponds to WAC 173-400-070(5). In the December 20, 2016
submittal, SWCAA notes that its jurisdiction has no existing catalytic
cracking units. Therefore SWCAA 400-070(4) focuses exclusively on the
new source review and BACT requirements similar to WAC 173-400-
070(5)(b). SWCAA 400-070(8), (13), and (15), which regulate abrasive
blasting, natural gas fired water heaters, and outdoor wood-fired
boilers, have no corresponding provisions in WAC 173-400-070. Unlike
WAC 173-400-070, which provides exemptions from the general
requirements of WAC 173-400-040, 173-400-050, and 173-400-060, the
source category-specific requirements of SWCAA 400-070 are in addition
to any general requirements that apply. This has the effect of making
SWCAA 400-070 more stringent than WAC 173-400-070 for these source
categories. Lastly, the version of SWCAA 400-070(6) currently
incorporated into the SIP requires ``that all gasoline dispensing
facilities shall meet all the provisions of SWAPCA 400-110(8) and
SWAPCA 491 Emission Standards and Controls for Sources Emitting
Gasoline Vapors.'' Because SWCAA 400-070(6) merely points to other SIP-
approved requirements for informational purposes, SWCAA requested that
the EPA remove SWCAA 400-070(6) from the SIP.
    The EPA is proposing to approve SWCAA 400-070 sections (1), (2)(b),
(3)(a), (4), (8)(a), (8)(b), (13), (15)(a), (15)(b), and (15)(d) to
apply in lieu of WAC 173-400-070 within SWCAA's jurisdiction. The EPA
is also proposing to grant SWCAA's request to remove SWCAA 400-070(6)
from the SIP because removal of this provision would not interfere with
any applicable requirement concerning attainment and reasonable further
progress, or any other applicable requirement of section 110 of the
CAA. We are also proposing to remove SWCAA 400-070(8)(c) [formerly 400-
070(7)(d)] from the SIP because this provision related to toxic air
pollutants, regulated outside the scope of the SIP, was inadvertently
included in our February 26, 1997 approval of SWCAA 400-070 (62 FR
8624).

J. SWCAA 400-072 Small Unit Notification for Selected Source Categories

    SWCAA 400-072 has no corresponding provision in the WAC; however in
many ways it is similar to the EPA-approved WAC 173-400-560 General
Orders of Approval. In our proposed approval of WAC 173-400-560 we
explained that this provision provides an alternative path to meeting
minor new source review permit obligations for certain new sources
where the permitting authority had considerable experience in issuing
approvals, where the BACT emission controls have not been changing or
anticipated to change in the near future, and the use of BACT emission
controls will protect the NAAQS (79 FR 39351, July 10, 2014, at page
39354) To date, Ecology has issued general orders of approval under WAC
173-400-560 for dairy anaerobic digesters, concrete batch plants, gas-
powered emergency electric generators, rock crushers, small water
heaters and steam generating boilers, auto body shops, and asphalt
plants. SWCAA 400-072 covers some of the same source categories, but
takes a different approach. Rather than relying on issuance of general
orders of approval, SWCAA 400-072 sets monitoring, emission limit,
recordkeeping, testing, and reporting requirements for certain small
scale source categories via regulation. Included in the December 20,
2016 submittal, is a demonstration of how SWCAA 400-072 provides
equivalent or better protection than facility-specific minor new source
review permits. SWCAA asserts that certain source categories, such as
coffee roasters, would likely be exempt under the new source review
permitting thresholds of the WAC, making SWCAA 400-072 more stringent
in some cases. The EPA reviewed the regulatory requirements of SWCAA
400-072 covering coffee roasters, small gas fired boilers and heaters,
emergency service internal combustion engines, petroleum dry cleaners,
and rock crushers. We are proposing to determine that SWCAA 400-072
meets the criteria for approval under section 110 of the CAA. We note
that SWCAA did not submit, and the EPA is not proposing to approve the
specific provisions of SWCAA 400-072(5)(a)(ii)(B), (5)(d)(ii)(B),
(5)(d)(iii)(A), (5)(d)(iii)(B) and all reporting requirements related
to toxic air pollutants, because they are not related to the criteria
pollutants regulated under title I of the CAA, not essential for
meeting and maintaining the NAAQS, not related to the requirements for
SIPs under section 110 of the CAA, or contain unbounded director
discretion provisions not appropriate for the SIP. With the exceptions
noted above, we are proposing to approve SWCAA 400-072.

K. SWCAA 400-074 Gasoline Transport Tanker Registration

    SWCAA 400-074, which regulates gasoline transport tankers, has no
corresponding provision in Chapter 173-400 WAC. Aside from minor
revisions to address the agency name change and readability, SWCAA 400-
074 remains unchanged since the EPA's last approval on February 26,
1997. As part of the December 20, 2016 submittal, SWCAA requested that
the EPA remove SWCAA 400-074(2) from the SIP because this agency
registration fee provision is not a required element for SIPs under
section 110 of the CAA. The EPA is proposing to approve the updated
text of SWCAA 400-074, except for SWCAA 400-074(2), which the EPA
proposes to remove from the SIP.

L. SWCAA 400-081 Startup and Shutdown

    SWCAA 400-081 generally follows the language of the EPA-approved
WAC 173-400-081 Startup and Shutdown, with minor revisions for
readability and clarity. These provisions require that the

respective agencies consider any physical and operational constraints
on the ability of a stationary source or source category to comply with
the applicable technology based standard during startup or shutdown.
Under SWCAA 400-081(1) and the corresponding provision of WAC 173-400-
081(4), no provision of SWCAA 400-081 shall be construed to authorize
emissions in excess of SIP-approved emission standards unless
previously approved by the EPA as a SIP amendment. We reviewed SWCAA
400-081 and are proposing to approve this provision to apply in lieu of
WAC 173-400-081 within SWCAA's jurisdiction.

M. SWCAA 400-091 Voluntary Limits on Emissions

    SWCAA 400-091 generally follows the language of WAC 173-400-091,
which the EPA approved in our October 3, 2014 final action. These
provisions authorize the respective agencies to issue regulatory orders
setting voluntary limits on the potential to emit of a source, allowing
the source to avoid applicability of certain major source programs such
as PSD. SWCAA 400-091 contains the same substantive requirements of WAC
173-400-091 with minor revisions to reflect the SWCAA regulatory
structure and to improve clarity. We reviewed SWCAA 400-091 and are
proposing to approve this provision to apply in lieu of WAC 173-400-091
in SWCAA's jurisdiction. We also note that the current SIP includes a
reference to SWCAA 400-090 which was renumbered to SWCAA 400-091 on
September 21, 1995. We are proposing to correct this typographical
error which was inadvertently not addressed as part of our prior
February 26, 1997 action.

N. SWCAA 400-100 Registration Requirements and SWCAA 400-101 Emission
Units Exempt From Registration Requirements

    In the January 27, 2014 submittal of the general air quality
regulations, Ecology explained that WAC 173-400-100 Registration
Program was no longer a means of determining the applicability of
Washington's new source review permitting requirements and did not
impose air pollution control requirements on sources or implement
Federal standards. As described in the proposal for our October 3, 2014
final action, we removed WAC 173-400-100 from the SIP for sources under
Ecology's direct jurisdiction (79 FR 39351, July 10, 2014, at page 79
FR 39354). Similarly, the December 20, 2016 submittal explains that
SWCAA revised its registration program under SWCAA 400-100 and 400-101
to disconnect it from new source review permitting program
applicability. Removing it from the SIP would therefore be consistent
with our removal of WAC 173-400-100 from the SIP. We have reviewed
SWCAA 400-100 and 400-101 and are proposing to grant SWCAA's request to
remove these provisions from the SIP because removal would not
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of CAA
section 110.

O. SWCAA 400-10 Records, Monitoring and Reporting

    SWCAA 400-105 generally follows WAC 173-400-105, which the EPA
approved in October 3, 2014 final action. It contains the emissions
inventory, monitoring, reporting, and recordkeeping requirements for
sources under SWCAA's jurisdiction. SWCAA 400-105 differs slightly from
the WAC in applicability, deadlines for reporting, list of reportable
pollutants, and monitoring requirements, but not in a substantive way.
For example, SWCAA 400-105 applies to all registered sources and
sources subject to operating permits under title V of the CAA; whereas
WAC 173-400-105 applies to all sources receiving notification from the
Director of Ecology. In practical terms, the scope is the same.
Similarly, SWCAA's submittal deadline for emissions inventory
information is March 15th, as opposed to the 105th day of the calendar
year under the WAC. SWCAA 400-105(1) contains additional reportable
pollutants than the WAC, including toxic air pollutants. As previously
discussed, SWCAA is not submitting and the EPA is not approving
provisions related to toxic air pollutants that are inappropriate for
SIP approval under section 110 of the CAA.
    With respect to the difference in monitoring requirements, SWCAA
400-105(4)(e) requires compliance with the specifications and reporting
requirements of 40 CFR part 60, Appendices B and F, in addition to the
specifications and reporting requirements of 40 CFR 51, Appendix P,
Sections 3-5 required under WAC 173-400-105(5)(e). SWCAA 400-105(4)(f)
explicitly contemplates the use of continuous process parameter
monitoring and/or frequent stack testing as potential surrogates to
continuous emission monitoring; whereas WAC 173-400-105(5)(f) states
that alternative monitoring and reporting procedures ``will generally
take the form of stack tests'' but allows agency discretion in
determining other alternatives. In practical terms, the requirements
are the same. We reviewed SWCAA 400-105 and are proposing to approve
this provision to apply in lieu of WAC 173-400-105 within SWCAA's
jurisdiction, except for the reporting requirements related to toxic
air pollutants which are inappropriate for SIP approval under section
110 of the CAA.

P. SWCAA 400-106 Emission Testing and Monitoring at Air Contaminant
Sources

    SWCAA 400-106(1)(a), (b), and (c) take the EPA-approved emission
testing requirements of WAC 173-400-105(4) and incorporate them in
another section with additional requirements not cited in the WAC and
not submitted for the EPA's approval. SWCAA 400-106(1)(a), (b), and
(c), although different in structure, are nearly identical to WAC 173-
400-105(4). The key difference is that SWCAA 400-106(1)(b) allows the
use of selected Oregon Department of Environmental Quality test
methods, due to the geographic proximity to Oregon; whereas the WAC
does not. We reviewed SWCAA 400-106(1)(a), (b), and (c) and are
proposing to approve these provisions to apply in lieu of WAC 173-400-
105(4) within SWCAA's jurisdiction.

Q. SWCAA 400-109 Air Discharge Permit Applications

    SWCAA 400-109 contains the applicability and permit application
procedures for new source review (NSR) that corresponds to the EPA-
approved provisions of WAC 173-400-110. The most significant difference
is that SWCAA 400-109 contains generally lower, more stringent NSR-
applicability exemption thresholds than the corresponding WAC
provisions for many of the criteria pollutants. For example, SWCAA 400-
109(3)(d) sets exemption emission thresholds for nitrogen oxides,
sulfur dioxide, and volatile organic compounds at one ton per year
(tpy) compared to two tpy under the SIP-approved provisions of WAC 173-
400-110(5). Any stationary source that is not otherwise exempt under
SWCAA 400-109(3)(e), discussed below, must undergo preconstruction
permitting review if uncontrolled potential emissions are above these
threshold levels. Like the WAC, if the stationary source emissions are
significant enough to be considered ``major'' for a given pollutant,
SWCAA 400-109 directs the reader to the relevant portions of WAC 173-
400-700 through 750 for the PSD program administered by Ecology, and
SWCAA 400-800 through 860 for major source nonattainment NSR
administered by SWCAA. All other stationary sources, or

certain pollutants at a stationary source, which fall between the minor
NSR exemption emission thresholds and the thresholds for ``major''
stationary sources are subject to the minor NSR permitting program
administered by SWCAA.
    SWCAA 400-109(3)(e) also contains equipment and activity exemptions
comparable to the EPA-approved provisions of WAC 173-400-110(4), with
some differences in source categories to reflect local pollution
concerns. The majority of equipment and activity exemptions contained
in SWCAA 400-109(3)(e) remain the same since the EPA's last approval in
1997. As part of the December 20, 2016 submittal, SWCAA provided a
demonstration to show that the new exemptions added since the EPA's
last approval are unlikely to cause or contribute to an exceedance of
the NAAQS. These new exemptions cover certain wastewater treatment
plants, water heaters, and emergency internal combustion engines.
SWCAA's demonstration describes how these source categories are covered
by other local or Federal standards, such as the Federal engine
standards contained in 40 CFR 63, subpart ZZZZ, or have been found by
SWCAA to have emissions below the thresholds contained in SWCAA 400-
109(3)(d).
    The EPA reviewed SWCAA 400-109 and is proposing to determine that
it meets the criteria for approvability under CAA section 110. The EPA
also notes that SWCAA did not submit, and the EPA does not propose to
approve, the toxic air pollutant provisions contained in SWCAA 400-
109(3)(d) and (3)(e)(ii) because they are outside the scope of this
proposed action under section 110 of the CAA. Lastly, under section
110(a)(2)(L) of the CAA, the State, or local agencies acting in lieu of
the State, must demonstrate the ability to collect adequate fees for
permitting major sources. SWCAA is therefore submitting SWCAA 400-
109(4) to demonstrate adequate fee authority to implement the major
source nonattainment NSR program under SWCAA 400-800 through 860. While
the EPA reviews these submissions to confirm adequate authority, the
EPA generally does not include local or State agency fees as part of
the Washington SIP incorporated by reference in 40 CFR 52.2470(c). The
EPA is also proposing to correct an error from our previous approval in
1997 when the fee provisions of SWCAA 400-109(4) were inadvertently
incorporated by reference. With the exceptions noted above, we are
proposing to approve SWCAA 400-109 to apply in lieu of WAC 173-400-110
within SWCAA's jurisdiction.

R. SWCAA 400-110 Application Review Process for Stationary Sources (New
Source Review); SWCAA 400-111 Requirements for New Sources in a
Maintenance Plan Area; SWCAA 400-112 Requirements for New Sources in
Nonattainment Areas; and SWCAA 400-113 Requirements for New Sources in
Attainment or Nonclassifiable Areas

    As part of the December 20, 2016 submittal, SWCAA explains that an
effort was made to align the SWCAA NSR program to be as consistent as
possible with the EPA-approved Ecology regulations contained in the
WAC. Differences are generally insubstantial, with slightly different
numbering systems, procedures, and edits for readability. One key
difference is that the SWCAA NSR program contains more stringent NSR
provisions for ``designated maintenance plan areas'' to ensure
continued compliance with the NAAQS under SWCAA 400-111. In these
areas, if a violation of an ozone ambient air quality standard or a
second violation of the carbon monoxide ambient air quality standard
has occurred, SWCAA may require the application of lowest achievable
emission rate (LAER) for the maintenance pollutant(s) and any pollutant
for which the proposed new source or modification is major.
    Other less substantive differences between the SWCAA NSR program
and the Ecology program under the WAC are discussed below. SWCAA 400-
110 Application Review Process for Stationary Sources (New Source
Review) requires compliance with the State Environmental Policy Act as
part of the completeness and final determination criteria. This
requirement is not explicitly stated in the corresponding provisions of
WAC 173-400-111 but nonetheless still applies, making the two program
equivalent in effect. The SWCAA regulations also differ slightly from
the WAC with respect to portable sources. SWCAA 400-110(6) applies to
the relocation of portable sources permitted by SWCAA; whereas SWCAA
400-036 applies to relocation of portable sources permitted by other
jurisdictions. The WAC does not make this distinction and regulates all
portable sources under WAC 173-400-036. This minor distinction does not
result in a substantive difference between the two respective NSR
programs. WAC 173-400-111 also does not address reopening of approval
orders for cause, so there is no corresponding section to SWCAA 400-
110(10). Lastly, for the convenience of the reader, SWCAA 400-112
Requirements for New Sources in Nonattainment Areas and SWCAA 400-113
Requirements for New Sources in Attainment or Nonclassifiable Areas
contain pointers to the toxic air pollutant and visibility regulations
that are not explicitly contained in the corresponding WAC provisions.
As previously noted, SWCAA did not submit and the EPA is not proposing
to approve the provisions related to toxic air pollutants in SWCAA 400-
110(1)(d), 400-111(7), 400-112(6), and 400-113(5), because the
regulation of toxic air pollutants is outside the scope of this action
under section 110 of the CAA. With the exceptions noted above, we are
proposing to approve SWCAA 400-110 through 113, including SWCAA's
additional requirements for designated maintenance areas, to apply in
lieu of WAC 173-400-111 through 113 within SWCAA's jurisdiction.

S. SWCAA 400-114 Requirements for Replacement or Substantial Alteration
of Emission Control Technology at an Existing Stationary Source

    SWCAA 400-114 is derived from the statutory provisions of the
Washington Clean Air Act, in particular Revised Code of Washington
(RCW) 70.94.153. Under SWCAA 400-114, any replacement or substantial
alteration of emission control technology installed on an existing
stationary source or emission unit, excluding routine maintenance,
repair or parts replacement, shall require submission of an air
discharge permit application for determining NSR applicability under
SWCAA 400-110. If the stationary source or emission unit is subject to
NSR, all requirements under SWCAA 400-111, 400-112, and/or 400-113
shall apply. If the replacement or substantial alteration is not
subject to NSR, then reasonably available control technology (RACT) or
other requirements shall apply as dictated by RCW 70.94. Aside from
minor wording changes for clarity, SWCAA 400-114 remains substantially
unchanged since the EPA's last approval of this provision in 1997. We
reviewed SWCAA 400-114 and are proposing to determine that it meets the
criteria for approvability under CAA section 110. The corresponding
Ecology provision of WAC 173-400-114 is currently not in the SIP.
However, the EPA is also proposing to approve SWCAA 400-114 to apply in
lieu of WAC 173-400-114 should this WAC provision be approved into the
SIP at some future time.

T. SWCAA 400-116 Maintenance of Equipment

    SWCAA 400-116 has no corresponding provision under the WAC. This
regulation requires that all process and pollution control equipment be
maintained and operated in good working order. SWCAA 400-116(3) gives
the agency authority to require that an Operations and Maintenance
(O&M) plan be developed and implemented for each emission unit or piece
of control or capture equipment in order to assure continuous
compliance with approval conditions. SWCAA 400-116 remains
substantially unchanged since the EPA's last approval in 1997, aside
from minor wording changes for readability. We reviewed the updated
version of SWCAA 400-116 and we propose to approve the changes.

U. SWCAA 400-130 Use of Emission Reduction Credits; SWCAA 400-131
Deposit of Emission Reduction Credits Into Bank; and SWCAA 400-136
Maintenance of Emission Reduction Credits in Bank

    SWCAA 400-130, 400-131, and 400-136 correspond to the Ecology
provisions of WAC 173-400-131 and WAC 173-400-136, which the EPA
approved on November 7, 2014 (79 FR 59653). These provisions implement
a program to issue emission reduction credits (ERCs) useable for
offsets required by the major nonattainment NSR permitting program and
the attainment area offset provisions for sources under SWCAA 400-
113(3) and its corollary, WAC 173-400-113(4). ERCs under this program
may also be used as creditable emission reductions for netting purposes
in the major nonattainment NSR and PSD permitting programs provided
they meet the requirements set forth in the definitions of ``major
modification'' in those programs. SWCAA's ERC program contains all of
the functional requirements of the WAC, but does not contain provisions
for discounting issued ERCs as provided in WAC 173-400-136(6). An
approvable ERC program need not include provisions which spell out how
banked ERC's would be discounted, but it cannot include provisions
which would prevent the air authority from reducing or cancelling ERC's
when necessary to attain and maintain the NAAQS. SWCAA's rules do not
include any provisions which would prevent it from doing such as part
of the development of an attainment or maintenance plan. SWCAA's ERC
program also contains provisions for the establishment and maintenance
of an ERC bank to document and track outstanding ERCs, which does not
exist in the WAC.
    We reviewed SWCAA's ERC program and are proposing to determine that
it meets the criteria for approvability under section 110 of the CAA.
We are also proposing to approve SWCAA 400-130, 400-131, and 400-136 to
apply in lieu of WAC 173-400-131 and 173-400-136 within SWCAA's
jurisdiction.

V. SWCAA 400-151 Retrofit Requirements for Visibility Protection and
SWCAA 400-161 Compliance Schedules

    Aside from minor wording changes for clarity, SWCAA 400-151 and
400-161 remain substantially unchanged since the EPA's last approval of
these provisions on February 26, 1997. Both provisions include the
substantive requirements of the corresponding Ecology regulations
contained in WAC 173-400-151 and 173-400-161. The most significant
change is the modification of SWCAA 400-151 and 400-030 to more clearly
define the term ``existing stationary facility'' to be consistent with
the definition contained in 40 CFR 51.301, under the EPA's visibility
protection program requirements. We reviewed SWCAA 400-151 and 400-161
and are proposing to approve these provision to apply in lieu of WAC
173-400-151 and 173-400-161 within SWCAA's jurisdiction.

W. SWCAA 400-171 Public Involvement

    SWCAA 400-171 closely follows WAC 173-400-171 Public Notice and
Opportunity for Public Comment, which the EPA approved on April 29,
2015 (80 FR 23721). The most significant change to SWCAA 400-171 since
the EPA's last approval in 1997 regards the EPA's interpretation of
``prominent advertisement.'' Specifically, 40 CFR 51.161(b) establishes
that the opportunity for public comment with respect to NSR permitting
shall include, among other requirements, a notice by ``prominent
advertisement'' in the affected area. Historically this information was
shared using a public notice in a newspaper. However in an April 17,
2012 guidance for minor NSR programs, included in the docket for this
action, the EPA acknowledged the public's increased use of web based
sources of information and clarified that the ``prominent
advertisement'' requirement at 40 CFR 51.161(b)(3) is media neutral.\1\
As a result, SWCAA modified the language of SWCAA 400-171 to mirror the
EPA and Ecology's use of the term ``prominent advertisement.'' All
other changes to SWCAA 400-171 were insignificant changes, such as
updating reference dates or minor revisions to improve clarity for the
reader. Lastly, SWCAA did not submit and the EPA is not proposing to
approve SWCAA 400-171(2)(a)(xii) regarding public participation
procedures for toxic air pollutants, because it is outside the scope of
our approval under section 110 of the CAA. With the exception noted
above, we are proposing to approve SWCAA 400-171 to apply in lieu of
WAC 173-400-171 within SWCAA's jurisdiction.
---------------------------------------------------------------------------

    \1\ Janet McCabe, Principal Deputy Assistant Administrator,
``Minor New Source Review Program Public Notice Requirements under
40 CFR 51.161(b)(3),'' Memorandum to EPA Air Division Directors,
Regions 1-10, April 17, 2012.
---------------------------------------------------------------------------

X. SWCAA 400-190 Requirements for Nonattainment Areas; SWCAA 400-200
Vertical Dispersion Requirement, Creditable Stack Height and Dispersion
Techniques; SWCAA 400-205 Adjustment for Atmospheric Conditions; and
SWCAA 400-210 Emission Requirements of Prior Jurisdictions

    Aside from minor updates to the citations, these long-standing
provisions remain substantially unchanged since the EPA's last approval
in 1997. They also closely match the corresponding EPA-approved Ecology
provisions of WAC 173-400-190, 173-400-200, 173-400-205, and 173-400-
210. Minor revisions include the updating of SWCAA 400-190 to reflect
the major source specific nonattainment NSR requirements contained in
SWCAA 800 through 860. SWCAA also revised SWCAA 400-200 to include
vertical dispersion requirements that are not present in the
corresponding WAC requirements. SWCAA is not submitting, and the EPA is
not proposing to approve, these additional requirements contained in
SWCAA 400-200(1). The remaining changes reflect the name change from
``Southwest Air Pollution Control Authority'' to ``Southwest Clean Air
Agency'' that occurred after the EPA's 1997 approval. With the
exception of SWCAA 400-200(1) noted above, we are proposing to approve
SWCAA 400-190, 400-200, 400-205, and 400-210 to apply in lieu of the
corresponding Ecology provisions in WAC 173-400-190, 173-400-200, 173-
400-205, and 173-400-210.

Y. 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

    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
reviewed and is proposing to approve SWCAA 400-220, 400-230, 400-240,
400-250, 400-260, 400-270, and 400-280 as providing SWCAA adequate
enforcement and other general authority for purposes of implementing
and enforcing its SIP. However, we are not proposing to incorporating
these provisions by reference into the SIP codified in 40 CFR
52.2470(c). Instead, the EPA is proposing to include these provisions
in 40 CFR 52.2470(e), EPA Approved Nonregulatory Provisions and Quasi-
Regulatory Measures, as approved but not incorporated by reference
regulatory provisions. The EPA is also proposing to approve SWCAA 400-
220, 400-230, 400-240, 400-250, and 400-260 to apply in lieu of the
corresponding Ecology provisions of WAC 173-400-220, 173-400-230, 173-
400-240, 173-400-250, and 173-400-260. SWCAA 400-270 and 400-280 have
no corresponding provisions in the WAC.

Z. SWCAA 400-800 Major Stationary Source and Major Modification in a
Nonattainment Area; SWCAA 400-810 Major Stationary Source and Major
Modification Definitions; SWCAA 400-820 Determining If a New Stationary
Source or Modification to a Stationary Source Is Subject to These
Requirements; SWCAA 400-830 Permitting Requirements; SWCAA 400-840
Emission Offset Requirements; SWCAA 400-850 Actual Emissions--Plantwide
Applicability Limitation (PAL); SWCAA 400-860 Public Involvement
Procedures

    Aside from minor edits to the citations to reflect the SWCAA
regulatory structure, the SWCAA major nonattainment NSR program
contained in SWCAA 400-800 through 860 is nearly identical to the
Ecology major nonattainment NSR program in WAC 173-400-800 through 860,
which the EPA approved on November 7, 2014 (79 FR 59653). We note that
Ecology's major nonattainment NSR program for PM2.5 under
WAC 173-400-800 through 860 was reviewed pursuant to the EPA's 2008
PM2.5 New Source Review Rule (73 FR 28321, May 16, 2008).
The EPA's 2008 rule was remanded to the EPA by the U.S. Court of
Appeals for the District of Columbia Circuit and replaced by a revised
implementation rule published August 24, 2016, which imposes additional
requirements for PM2.5 nonattainment areas (81 FR 58010).
Because SWCAA does not have nonattainment areas within its jurisdiction
for any criteria pollutant, including PM2.5, the EPA did not
review SCWAA 400-800 through 860 for consistency with the newly revised
PM2.5 implementation rule; nor does SWCAA have an obligation
to submit rule revisions to address the 2016 PM2.5
implementation rule at this time. However, we note that the federal
major nonattainment NSR requirements remain unchanged for all other
criteria pollutants since our review and approval of WAC 173-400-800
through 860. We are therefore proposing approval of SWCAA 400-800
through 860 as meeting the current major nonattainment NSR requirements
for all criteria pollutants except PM2.5 and proposing to
approve these provisions to apply in lieu of the corresponding Ecology
provisions of WAC 173-400-800 through 860.

AA. WAC 173-400-117 Special Protection Requirements for Federal Class I
Areas; WAC 173-400-118 Designation of Class I, II, and III Areas; and
WAC 173-400-560 General Order of Approval

    As discussed above, WAC 173-400-020(1) states that, ``The
provisions of this chapter shall apply statewide, except for specific
subsections where a local authority has adopted and implemented
corresponding local rules that apply only to sources subject to local
jurisdiction as provided under RCW 70.94.141 and 70.94.331.'' SWCAA 400
does not contain any rules that correspond to the EPA-approved
provisions of WAC 173-400-117, 173-400-118, or 173-400-560. In this
action, the EPA therefore proposes to approve these WAC provisions
within SWCAA's jurisdiction, which the EPA has previously approved into
the Washington SIP for areas under Ecology's jurisdiction.

BB. Appendix A--SWCAA Method 9, Visual Opacity Determination Method and
Appendix B--Description of Vancouver Ozone and Carbon Monoxide
Maintenance Area Boundary

    SWCAA Appendix A corresponds to the EPA Test Method 9--Visual
Determination of the Opacity of Emissions from Stationary Sources
contained in 40 CFR part 60, Appendix A. SWCAA explains that, ``The
difference between the SWCAA Method 9 and EPA Method 9 is in the data
reduction section. The SWCAA method establishes a three-minute period
in any one-hour period where opacity cannot exceed an opacity limit.
For the SWCAA method, 13 readings in a 1-hour period or less, above the
established opacity limit, no matter how much, constitutes a violation.
The EPA method is an arithmetic average of any 24 consecutive readings
at 15-second intervals. These values are averaged and this average
value cannot exceed the established opacity limit.'' The different data
reduction methods are needed to accommodate the differences in the
forms of the opacity standards in 40 CFR part 60 and in SWCAA's rules.
The EPA reviewed SWCAA Appendix A and we are proposing to determine
that it meets the requirements for approval under section 110 of the
CAA.
    SWCAA Appendix B--Description of Vancouver Ozone and Carbon
Monoxide Maintenance Area Boundary was previously submitted as part of
the Vancouver Carbon Monoxide Maintenance Plan (61 FR 54560, October
21, 1996) and the Vancouver Portion of the AQMA Ozone Maintenance Plan
(62 FR 27204, May 19, 1997). While it remains unchanged, the EPA is
proposing to revise 40 CFR 52.2470(c)--Table 8--Additional Regulations
Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction to
more clearly include Appendix B.

III. The EPA's Proposed Action

A. 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 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.

  Table 1--Southwest Clean Air Agency (SWCAA) Regulations for Proposed
                 Approval and Incorporation by Reference
------------------------------------------------------------------------
                                           State/local
 State/local citation    Title/subject   effective date    Explanation
------------------------------------------------------------------------
        SWCAA 400--General Regulations for Air Pollution Sources
------------------------------------------------------------------------
400-010..............  Policy and              03/18/01  ...............
                        Purpose.
400-020..............  Applicability...        10/09/16  ...............
400-030..............  Definitions.....        10/09/16  Except: 400-
                                                          030(21) and
                                                          (129).
400-036..............  Portable Sources        10/09/16  ...............
                        From Other
                        Washington
                        Jurisdictions.
400-040..............  General                 10/09/16  Except: 400-
                        Standards for                     040(1)(a), (c)
                        Maximum                           and (d); 400-
                        Emissions.                        040(2); and
                                                          400-040(4).
400-050..............  Emission                10/09/16  Except: 400-
                        Standards for                     050(3); 400-
                        Combustion and                    050(5); and
                        Incineration                      400-050(6).
                        Units.
400-060..............  Emission                10/09/16  ...............
                        Standards for
                        General Process
                        Units.
400-070..............  General                 10/09/16  Except: 400-
                        Requirements                      070(2)(a); 400-
                        for Certain                       070(3)(b); 400-
                        Source                            070(5); 400-
                        Categories.                       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)
                                                          .
400-072..............  Small Unit              10/09/16  Except: 400-
                        Notification                      072(5)(a)(ii)(
                        for Selected                      B); 400-
                        Source                            072(5)(d)(ii)(
                        Categories.                       B); 400-
                                                          072(5)(d)(iii)
                                                          (A); 400-
                                                          072(5)(d)(iii)
                                                          (B); and all
                                                          reporting
                                                          requirements
                                                          related to
                                                          toxic air
                                                          pollutants.
400-074..............  Gasoline                11/15/09  Except: 400-
                        Transport                         074(2).
                        Tanker
                        Registration.
400-081..............  Startup and             10/09/16  ...............
                        Shutdown.
400-091..............  Voluntary Limits        10/09/16  ...............
                        on Emissions.
400-105..............  Records,                10/09/16  Except:
                        Monitoring and                    Reporting
                        Reporting.                        requirements
                                                          related to
                                                          toxic air
                                                          pollutants.
400-106..............  Emission Testing        10/09/16  Except: 400-
                        and Monitoring                    106(1)(d)
                        at Air                            through (g);
                        Contaminant                       and 400-
                        Sources.                          106(2).
400-109..............  Air Discharge           10/09/16  Except: The
                        Permit                            toxic air
                        Applications.                     pollutant
                                                          emissions
                                                          thresholds
                                                          contained in
                                                          400-109(3)(d);
                                                          400-109(3)(e)(
                                                          ii); and 400-
                                                          109(4).
400-110..............  Application             10/09/16  Except: 400-
                        Review Process                    110(1)(d).
                        for Stationary
                        Sources (New
                        Source Review).
400-111..............  Requirements for        10/09/16  Except: 400-
                        New Sources in                    111(7).
                        a Maintenance
                        Plan Area.
400-112..............  Requirements for        10/09/16  Except: 400-
                        New Sources in                    112(6).
                        Nonattainment
                        Areas.
400-113..............  Requirements for        10/09/16  Except: 400-
                        New Sources in                    113(5).
                        Attainment or
                        Nonclassifiable
                        Areas.
400-114..............  Requirements for        11/09/03  ...............
                        Replacement or
                        Substantial
                        Alteration of
                        Emission
                        Control
                        Technology at
                        an Existing
                        Stationary
                        Source.
400-116..............  Maintenance of          11/09/03  ...............
                        Equipment.
400-130..............  Use of Emission         10/09/16  ...............
                        Reduction
                        Credits.
400-131..............  Deposit of              10/09/16  ...............
                        Emission
                        Reduction
                        Credits Into
                        Bank.
400-136..............  Maintenance of          10/09/16  ...............
                        Emission
                        Reduction
                        Credits in Bank.
400-151..............  Retrofit                11/09/03  ...............
                        Requirements
                        for Visibility
                        Protection.
400-161..............  Compliance              03/18/01  ...............
                        Schedules.
400-171..............  Public                  10/09/16  Except: 400-
                        Involvement.                      171(2)(a)(xii)
                                                          .
400-190..............  Requirements for        10/09/16  ...............
                        Nonattainment
                        Areas.
400-200..............  Vertical                10/09/16  Except: 400-
                        Dispersion                        200(1).
                        Requirement,
                        Creditable
                        Stack Height
                        and Dispersion
                        Techniques.
400-205..............  Adjustment for          03/18/01  ...............
                        Atmospheric
                        Conditions.
400-210..............  Emission                03/18/01  ...............
                        Requirements of
                        Prior
                        Jurisdictions.
400-800..............  Major Stationary        10/09/16  ...............
                        Source and
                        Major
                        Modification in
                        a Nonattainment
                        Area.
400-810..............  Major Stationary        10/09/16  ...............
                        Source and
                        Major
                        Modification
                        Definitions.
400-820..............  Determining If a        10/09/16  ...............
                        New Stationary
                        Source or
                        Modification to
                        a Stationary
                        Source is
                        Subject to
                        These
                        Requirements.
400-830..............  Permitting              10/09/16  ...............
                        Requirements.
400-840..............  Emission Offset         10/09/16  ...............
                        Requirements.
400-850..............  Actual                  10/09/16  ...............
                        Emissions--Plan
                        twide
                        Applicability
                        Limitation
                        (PAL).
400-860..............  Public                  10/09/16  ...............
                        Involvement
                        Procedures.
Appendix A...........  SWCAA Method 9          10/09/16  ...............
                        Visual Opacity
                        Determination
                        Method.
Appendix B...........  Description of          10/09/16  ...............
                        Vancouver Ozone
                        and Carbon
                        Monoxide
                        Maintenance
                        Area Boundary.
------------------------------------------------------------------------

Table 2--Washington State Department of Ecology Regulations For Proposed
                 Approval and Incorporation by Reference
------------------------------------------------------------------------
                                           State/local
 State/local citation    Title/subject   effective date    Explanation
------------------------------------------------------------------------
   Chapter 173-400 WAC, General Regulations for Air Pollution Sources
------------------------------------------------------------------------
173-400-117..........  Special                 12/29/12  For permits
                        Protection                        issued under
                        Requirements                      the
                        for Federal                       applicability
                        Class I Areas.                    provisions of
                                                          WAC 173-400-
                                                          800.
173-400-118..........  Designation of          12/29/12  ...............
                        Class I, II,
                        and III Areas.
173-400-560..........  General Order of        12/29/12  Except: The
                        Approval.                         part of 173-
                                                          400-560(1)(f)
                                                          that says,
                                                          ``173-460
                                                          WAC''.
------------------------------------------------------------------------

B. Regulations To Approve But Not Incorporate by Reference

    In addition to the regulations proposed for approval and
incorporation 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. As discussed above, the EPA has reviewed and
is proposing to approve 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 having adequate enforcement and other
general authority for purposes of implementing and enforcing its SIP,
but is not incorporating these sections by reference into the SIP
codified in 40 CFR 52.2470(c). Instead, the EPA is proposing to include
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 previously discussed, under the
Washington Clean Air Act local clean 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 previously
discussed, the EPA is proposing to remove 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 section 110 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
proposing to remove 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 proposed revision to the SIP applies specifically to the SWCAA
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)--Table 8.
As discussed in our October 3, 2014 action (79 FR 59653, at page
59654), local air agency jurisdiction in Washington is generally
defined on a geographic basis; however there are exceptions. 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 PSD permitting program. Therefore, the EPA is not
approving into 40 CFR 52.2470(c)--Table 8 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 750, which the EPA has
already approved as applying state-wide.
    As described in our April 29, 2015 action, jurisdiction to
implement the visibility permitting program contained in WAC 173-400-
117 varies depending on the situation. Ecology retains authority to
implement WAC 173-400-117 as it relates to PSD permits. See 80 FR
23721. However, for facilities subject to major nonattainment NSR under
the applicability provisions of SWCAA 400-800, we are proposing that
SWCAA would be responsible for implementing those parts of WAC 173-400-
117 as they relate to major nonattainment NSR permits. See 80 FR 23726.
If finalized, the EPA is also proposing to modify 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 SWCAA's jurisdiction.
    Lastly, this SIP revision is not approved to apply in Indian
reservations 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 proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the regulations shown in the tables in section III.A.
Regulations to Approve and Incorporate by Reference into the SIP and
the rules proposed for removal from the SIP in section III.C.
Regulations to Remove from the SIP. The EPA has made, and will continue
to make, these materials generally available through
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 Order Reviews

    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
proposed action merely approves the state's law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by the state's law. For that reason, this proposed 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 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. This SIP revision is not approved to
apply in Indian reservations in the State, 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: January 4, 2017.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2017-01090 Filed 1-18-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: April 20, 2010 (Volume 75, Number 75)]
[Notices]
[Page 20618-20619]
[DOCID:fr20ap10-76]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0212]

Interagency Coordinating Committee on Oil Pollution Research
(ICCOPR); Public Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: The Interagency Coordinating Committee on Oil Pollution
Research (ICCOPR) will hold a public meeting in Seattle, Washington to
hear comments on the priorities of oil pollution research, including
projects in the Arctic environment. This meeting is designed to give
the public an opportunity to provide statements as to where the ICCOPR,
a Federally mandated committee, should focus their efforts concerning
oil pollution research. This meeting will be open to the public.

DATES: The Committee will meet on Wednesday, May 19, 2010, from 9 a.m.
to 12 p.m. (noon). This meeting may close early if all business is
finished. Written material (no more than 2 full pages) and requests to
make brief oral presentations should reach the Coast Guard on or before
May 7, 2010. Requests to have a copy of your material (no more than 2
full pages) distributed to each member of the committee should reach
the Coast Guard on or before May 7, 2010.

ADDRESSES: The Committee will meet in Grand Ballroom 1, The
Westin Seattle, 1900 Fifth Avenue, Seattle, Washington 98101. Send
written material (no more than 2 full pages) and requests to make brief
oral presentations to Lieutenant Tracy Wirth, Assistant to the Chairman
of the ICCOPR at Commandant (CG-533), Office of Incident Management and
Preparedness, U.S. Coast Guard, 2100 2nd St., SW., STOP 7363,
Washington, DC 20593-7363. A transcript of this meeting will be
provided in the online docket. In addition, this notice and documents
identified in the Supplementary Information section as being available
in the docket, may be viewed in our online docket, USCG-2010-0212, at
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
or the meeting, contact Lieutenant Tracy Wirth, Assistant to the
Chairman of the ICCOPR, telephone<PHONE_NUMBER>.
    If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Section 7001(a) of the Oil Pollution Act of 1990 (OPA 90)
established the Interagency Coordinating Committee on Oil Pollution
Research. The purpose of the Interagency Committee is twofold: (1) To
prepare a comprehensive, coordinated Federal oil pollution research and
development (R&D) plan; and (2) to promote cooperation with industry,
universities, research institutions, State governments, and other
nations through information sharing, coordinated planning, and joint
funding of projects. The Interagency Committee was commissioned with 13
members and is chaired by the Coast Guard. Membership includes:

Department of Commerce (DOC)

--National Oceanic and Atmospheric Administration (NOAA).
--National Institute of Standards and Technology (NIST).

Department of Energy (DOE)

Department of Interior (DOI)

--Minerals Management Service (MMS).
--United States Fish and Wildlife Service (USFWS).

Department of Transportation (DOT)

--Maritime Administration (MARAD).
--Pipeline and Hazardous Materials Safety Administration (PHMSA).

Department of Defense (DoD)

--United States Army Corps of Engineers (USACE).
--United States Navy (USN).

Environmental Protection Agency (EPA)

National Aeronautics and Space Administration (NASA)

Department of Homeland Security (DHS)

--United States Coast Guard (USCG).
--Federal Emergency Management Agency (FEMA).
--United States Fire Administration (USFA).

    Section 7001(b) of the Oil Pollution Act of 1990 required the
Interagency Committee to prepare an Oil Pollution Research and
Technology Plan. The Interagency Committee prepared the original Oil
Pollution Research and Development (R&D) Technology Plan to define the
roles of each Federal agency involved in oil spill research and
development. The plan was submitted to Congress in April 1992 and later
reviewed by the National Research Council's Committee on Oil Spill
Research and Development under the auspices of the Marine Board. Using
input from the Marine Board, the Committee revised the plan in May 1993
to address spill prevention, human factors, and the field testing/
demonstration of developed response technologies. The current version
of the plan, still based on Marine Board recommendations, is dated
April 1997. The Interagency Committee is coordinating an update of the
Technology Plan during the next two fiscal years.

Tentative Meeting Agenda

    The agenda for the May 19, 2010 Committee meeting is as follows:
    (1) 9 a.m.: Convene: Welcome and Opening Comments by the ICCOPR
Chairman; Captain Anthony S. Lloyd, U.S. Coast Guard.
    (2) 9:15 a.m.: ICCOPR Background and Overview Brief.
    (3) 9:45 a.m.: Public Comment Period.
    (4) 11:45 a.m.: Closing Remarks: Captain Anthony S. Lloyd, U.S.
Coast Guard, Chairman.
    (5) 12 p.m. (noon): Adjourn.

ICCOPR Biennial Report

    The Interagency Coordinating Committee on Oil Pollution Research
Biennial Report for Fiscal Years 2008 and 2009, which will be discussed
by the Committee, may be viewed in our online docket. To view the
Report, this notice, and the transcript of the meeting once it is
concluded, go to http://www.regulations.gov, enter the docket number
for this notice (USCG-2010-0212) in the ``Keyword'' box, and then click
``Search.''
    If you do not have access to the Internet, you may view the docket
online by visiting the Docket Management Facility in Room W12-40 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with

the Department of Transportation to use the Docket Management Facility.

Procedural

    This meeting is open to the public. Please note that the meeting
may close early if all business is finished. Members of the public may
make brief oral presentations during the meeting. If you would like to
make an oral presentation at a meeting, please notify Lieutenant Tracy
Wirth where listed under the ADDRESSES section of this notice no later
than May 7, 2010. Written material (no more than 2 full pages) for
distribution at a meeting should reach the Coast Guard no later than
May 7, 2010. If you would like a copy of your material (no more than 2
full pages) distributed to each member of the committee in advance of a
meeting, please submit 25 copies to Lieutenant Tracy Wirth no later
than May 7, 2010.
    The transcript of the meeting, including all comments received
during the meeting, will be posted to http://www.regulations.gov and
will include any personal information you have provided. You may review
a Privacy Act notice regarding our public dockets in the January 17,
2008, issue of the Federal Register (73 FR 3316).

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
the Chairman as soon as possible.

    Authority: This notice is issued under authority of 5 U.S.C.
552(a).

    Dated: April 9, 2010.
A.S. Lloyd,
Captain, U.S. Coast Guard, Chief, Office of Incident Management &
Preparedness.
[FR Doc. 2010-9017 Filed 4-19-10; 8:45 am]
BILLING CODE 9110-04-P