[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Notices]
[Page 61686]
[FR Doc No: 2014-24361]

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 DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2012-0087]

Advisory Committee for Aviation Consumer Protection

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Notice of sixth meeting of advisory committee.

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SUMMARY: This notice announces the sixth meeting of the Advisory
Committee for Aviation Consumer Protection.

DATES: The sixth meeting of the advisory committee is scheduled for
October 29, 2014, from 9:00 a.m. to 4:00 p.m., Eastern Time.

ADDRESSES: The meeting will be held in the Media Center (located on the
lobby level of the West Building) at the U.S. Department of
Transportation (DOT) headquarters, 1200 New Jersey Avenue SE.,
Washington, DC. Attendance is open to the public up to the room's
capacity of 100 attendees. Since space is limited and access to the DOT
headquarters building is controlled for security purposes, any member
of the general public who plans to attend this meeting must notify the
Department contact identified below no later than October 22, 2014.

FOR FURTHER INFORMATION CONTACT: To register to attend the meeting,
please contact Amy Przybyla, Research Analyst, Centra Technology, Inc.,
<EMAIL_ADDRESS>703-894-6910. For other information
please contact Kathleen Blank Riether, Senior Attorney, Office of
Aviation Enforcement and Proceedings<EMAIL_ADDRESS>
U.S. Department of Transportation, 1200 New Jersey Ave. SE.,
Washington, DC 20590;<PHONE_NUMBER> (phone),<PHONE_NUMBER> (fax).

SUPPLEMENTARY INFORMATION: On May 24, 2012, the Secretary, as mandated
by Section 411 of the FAA Modernization and Reform Act of 2012 (Pub. L.
112-95, 126 Stat. 11 (2012)), established the Advisory Committee on
Aviation Consumer Protection. The committee's charter, drafted in
accordance with the Federal Advisory Committee Act (FACA), as amended,
5 U.S.C. App. 2, sets forth policies for the operation of the advisory
committee and is available on the Department's Web site at http://www.facadatabase.gov/committee/charters.aspx?cid=2448&aid=47.
    The sixth meeting of the committee is scheduled for Wednesday,
October 29, 2014, from 9:00 a.m. to 4:00 p.m. Eastern Time in the Media
Center at the DOT headquarters, 1200 New Jersey Avenue SE., Washington,
DC 20590. At the meeting, the three issues that will be discussed are:
(1) The impact of airline mergers and consolidations on consumers and
the aviation industry; (2) regulating the use of mobile wireless
devices for voice calls on aircraft by DOT; and (3) the impact of
government-imposed taxes and fees on consumers and the aviation
industry. Additionally, the DOT's Office of Aviation Enforcement and
Proceedings (Enforcement Office) will provide an update on the
implementation status of the committee's recommendations to the
Secretary as well as an update regarding its rulemaking and enforcement
activities.
    As announced in the notices of previous meetings of the committee,
the meeting will be open to the public, and, time permitting, comments
by members of the public are invited. Attendance will necessarily be
limited by the size of the meeting room (maximum 100 attendees). If
interest exceeds capacity, DOT has the capability to stream the event
live on the Internet. Since space is limited and access to the DOT
headquarters building is controlled for security purposes, we ask that
any member of the general public who plans to attend the sixth meeting
notify the Department contact noted above no later than October 22,
2014.
    Members of the public may present written comments at any time. The
docket number referenced above (DOT-OST-2012-0087, available at https://www.regulations.gov) has been established for committee documents
including any written comments that may be filed. At the discretion of
the Chairperson and time permitting, after completion of the planned
agenda, individual members of the public may provide oral comments. Any
oral comments presented must be limited to the objectives of the
committee and will be limited to five (5) minutes per person.
Individual members of the public who wish to present oral comments must
notify the Department contact noted above via email that they wish to
attend and present oral comments at no later than October 22, 2014.
    Persons with a disability who plan to attend the meeting and
require special accommodations, such as an interpreter for the hearing
impaired, should notify the Department contact noted above no later
than October 22, 2014. Persons attending with a service animal should
also advise us of that fact so that it can be taken into account in
connection with space and possible allergy issues.
    Notice of this meeting is being provided in accordance with the
FACA and the General Services Administration regulations covering
management of Federal advisory committees. (41 CFR Part 102-3.)

    Issued in Washington, DC, on October 6, 2014.
Blane A. Workie,
Acting Assistant General Counsel for Aviation Enforcement &
Proceedings, U.S. Department of Transportation.
[FR Doc. 2014-24361 Filed 10-10-14; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Rules and Regulations]
[Pages 41064-41074]
[FR Doc No: 2022-14389]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2021-0751: FRL-9211-02-R10]

Air Plan Approval; Washington; Yakima Regional Clean Air Agency,
General Air Quality Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Washington State Implementation Plan (SIP) that were
submitted by the Department of Ecology (Ecology) in coordination with
the Yakima Regional Clean Air Agency (YRCAA). In 2014, 2015, 2016, and
2020, the EPA approved revisions to the General Regulations for Air
Pollution Sources promulgated by Ecology in the Washington
Administrative Code (WAC). In this action, the EPA is approving an
update to the SIP for YRCAA's jurisdiction to reflect these changes to
the WAC. We are also approving updates to certain YRCAA regulations
currently in the SIP, removing obsolete regulations, and approving a
small set of YRCAA regulations to replace or supplement the
corresponding WAC regulations for sources in YRCAA's jurisdiction.

DATES: This final rule is effective August 10, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2021-0751. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information the disclosure of which is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the internet and is publicly available only in hard copy form. Publicly
available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at<PHONE_NUMBER>, or
[email protected].

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

I. Background Information

    On December 7, 2021, the EPA proposed to approve Washington's
October 14, 2021, SIP revision for YRCAA's jurisdiction as meeting
Clean Air Act (CAA) requirements (86 FR 69200). The public comment
period for the proposed action ended on January 6, 2022.

II. Response to Comments

    The EPA received three comments on the proposal. We have summarized
and responded to the comments below. The full text of the submitted
comments may be found in the docket for this action.

    Comment--Emission data, as defined by the EPA, and other data used
in preparation of plans must be publicly available.
    Summary--A commenter requested confirmation that ``emission data''
is not entitled to confidential treatment under YRCAA Regulation 1,
section 1.06 Records. Specifically, subsection 1.06(D) treats as
confidential records ``any information, other than ambient air quality
data or emission data'' that is certified by an owner or operator as
meeting certain requirements, subject to review by the agency. The
commenter noted that Regulation 1 does not contain a definition of
``emission data'' and requested that YRCAA confirm that it will apply
section 1.06 consistent with the EPA's definition of ``emissions data''
in 40 CFR 2.301(a)(2). The commenter also states that Regulation 1
cannot exempt information that is ``used in the preparation of each
plan or plan revision,'' citing to 40 CFR 51.116. The commenter gave as
an example of such information the identification of a manufacturing
process that is used to estimate emissions from the facility for
purposes of an attainment plan, and notes that this is an example of
emission data, which is not entitled to confidential treatment.
    Response--In response to the comment, the EPA has evaluated the
commenter's concern about the meaning of the term ``emissions data'' in
subsection 1.06(D) and verified that the YRCCA uses this term
consistent with CAA requirements. YRCAA has submitted a letter
confirming that the agency interprets the term ``emission data''
consistent with the EPA's definition of ``emissions data'' in 40 CFR
2.301(a)(2). YRCAA's letter notes that this interpretation is
consistent with the language in YRCAA Regulation 1, section 1.06
stating that the application of this provision is ``to provide access
to any information available under Federal or state law concerning the
business of the agency.'' Although inclusion of a specific definition
of ``emissions data'' in section 1.06 could be helpful, the EPA is
relying on YRCAA's confirmation of the meaning of this term as part of
the basis for this action. A copy of YRCAA's letter is included in the
docket for this action.
    The EPA agrees that it is important to have clarity about the
meaning of the term ``emissions data'' in SIPs. As a specific example
of potential ambiguity about what is emissions data, the commenter
states: ``One example could be identification of a manufacturing
process that is used to estimate emissions from the facility for
purposes of an attainment plan. Even if the facility claims the
identification of the manufacturing process is confidential, it is used
in preparation of the plan and must be disclosed to the public.'' The
commenter then correctly notes that in this hypothetical scenario, if
identification of the manufacturing process is in fact necessary
information in order to estimate the emissions from the source, then
this information is ``emissions data'' under the EPA's definition in 40
CFR 2.301(a)(2). The EPA agrees that any information that meets the
definition of ``emissions data'' in 40 CFR 2.301(a)(2) must be
available to the public and may not be treated as confidential
information.
    It is unclear whether the commenter's statement that ``Regulation 1
cannot exempt information that is `used in the preparation of each plan
or plan revision''' is limited to ``emission data'' used in the
preparation of a plan or plan revision, or whether the commenter is
making a broader statement that no information whatsoever used in
preparation of a state implementation plan or plan revision may be
treated as confidential and withheld from the public. To the extent the
commenter is broadly asserting that no information used in preparation
of a state implementation plan or plan revision may be treated as
confidential, the EPA disagrees with that position.
    Section 114(d) of the CAA addresses the extent to which certain
information obtained by the EPA under the CAA, including information
used for the purpose of developing or assisting in the development of
any implementation plan under section 110 of the CAA, is entitled to
confidential treatment. There is nothing in 40 CFR part 2, subpart B or
part 51, however, to suggest that the EPA intended to require states to
make available to the public information used in the preparation of an
implementation plan or plan revision that would be entitled to
confidential treatment under section 114(d) of the CAA. As noted by the
commenter, however, any such claims may not extend to ``emission
data,'' as defined in 40 CFR 2.301(a)(2), which YRCAA has confirmed is
the case under YRCAA Regulation 1, section 1.06. We therefore are
finalizing our proposal to approve section 1.06 into the SIP to replace
WAC 173-400-175 Public Information within YRCAA's jurisdiction.
    Comment--The EPA must fully disclose the legal effects of its
approval of section 4.03 ``Voluntary Limits on Emissions''.
    Summary--Section 4.03 Voluntary Limits on Emissions of YRCAA
Regulation 1, states in subsection (A), ``Upon request by the owner or
operator of a new or existing source or stationary source, the agency
shall issue a regulatory order that limits the potential to emit any
air contaminant or contaminants to a level agreed to by the owner or
operator and the agency.'' A commenter noted that the EPA had not
stated in its proposed approval whether regulatory orders issued
pursuant to section 4.03 can be enforced by the EPA under CAA section
113 or by citizens under CAA section 304. The commenter goes on to
explain why it believes regulatory orders issued under YRCAA Region I,
section 4.03 are enforceable by the EPA and citizens under the CAA.
    Response--YRCAA Regulation 1, section 4.03 is a nearly verbatim
adaptation of the state regulation WAC 173-400-091 Voluntary Limits on
Emissions, which the EPA last approved on October 3, 2014 (79 FR
59653).\1\ In 40 CFR 52.2495 Voluntary limits on potential to emit, the
EPA explicitly stated that the terms and conditions of regulatory
orders covering regulated new source review pollutants issued pursuant
to WAC 173-400-091 shall be applicable requirements of the federally-
approved Washington SIP for the purposes of CAA section 113 and shall
be enforceable by the EPA and by any person in the same manner as other
requirements of the SIP. We interpret 40 CFR 52.2495 to apply to any
local clean air agency corollary regulation approved in lieu of WAC
173-400-091, as well as the Energy Facilities Site Evaluation Council's
adoption by reference of WAC 173-400-091. We are revising 40 CFR
52.2495 with this clarification to remove any ambiguity on this issue.
With this clarification, we are finalizing our proposal to approve
section 4.03 into the SIP to replace WAC 173-400-091 Voluntary Limits
on Emissions.
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    \1\ Please see the docket for a redline/strikeout comparison of
section 4.03 and WAC 173-400-091.
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    Comment--A commenter questions whether the EPA should approve a SIP
for a clean air agency when the commenter asserts there are ongoing
complaints about the agency's legitimacy.
    Summary--A commenter identifies what it considers to be numerous
concerns with YRCAA agency leadership and program implementation and
enforcement. The concerns include that the proposed SIP revision was
not signed by all YRCAA board members, a board member rarely attends
YRCAA board meetings, and that permitting decisions are made by staff
and not board members. The letter also summarizes a recent request made
by the commenter to the Yakima County Commissioners to dissolve the
YRCAA.

The commenter summarized concerns raised in their dissolution request,
including allegations that YRCAA does not address significant air
pollution in a part of its jurisdiction that is an environmental
justice community, that YRCAA has refused to acknowledge environmental
justice, that YRCAA refused to investigate complaints regarding odor
and dust when the source is animal agriculture, that YRCAA does not
measure levels of ammonia, hydrogen sulfide, methane, oxygen, or other
pollutants when citizens complain that they cannot breathe due to air
pollution in their homes, that YRCAA ignores Washington laws regulating
confined animal feeding operations and that YRCAA does not regulate
dairies in Yakima County.
    Response-- The commenter questions whether the EPA should approve a
SIP for YRCAA because the commenter contends there are ongoing concerns
about the legitimacy of the YRCAA and states that it has requested
Yakima County to dissolve YRCAA. In response to those concerns, we note
that YRCAA is established as a local air authority under Revised Code
of Washington (RCW) 70A.15.1500 to 70A.15.2040 of the Washington Clean
Air Act. The Washington Clean Air Act contains a mechanism for the
state to investigate and address concerns with local air agency
performance. Specifically, under RCW 70A.15.3100, the Department of
Ecology ``may, on its own motion, conduct a hearing held in accordance
with chapters 42.30 and 34.05 RCW, to determine whether or not the air
pollution prevention and control program of such authority is being
carried out in good faith and is as effective as possible. If at such
hearing the department finds that such authority is not carrying out
its air pollution control or prevention program in good faith, is not
doing all that is possible and reasonable to control and/or prevent air
pollution within the geographical area over which it has jurisdiction,
or is not carrying out the provisions of this chapter, it shall set
forth in a report or order to the appropriate authority: (1) Its
recommendations as to how air pollution prevention and/or control might
be more effectively accomplished; and (2) guidelines which will assist
the authority in carrying out the recommendations of the department.''
In letters dated August 31, 2016 and April 8, 2019, included in the
docket for this action, Ecology responded to past requests for formal
review of YRCAA under RCW 70A.15.3100 (previously codified at RCW
70.94.405) from the commenter based on similar concerns raised by the
commenter about the legitimacy of YRCAA. For the reasons set forth in
the response letters, Ecology did not initiate a formal review of YRCAA
under RCW 70A.15.3100.
    With respect to the specific proposed rulemaking update, the
Washington Department of Ecology is the Governor's designee for SIP
revisions. In March 2021, YRCAA submitted the revised rules to Ecology
and requested Ecology submit them to the EPA for review and approval
into the SIP. Ecology held two public comment periods from April 8,
2021 to May 20, 2021 and July 30, 2021 to August 6, 2021, with
supplemental documentation. During the state public comment periods,
the commenter, and other associated commenters, raised concerns similar
to those raised during the EPA's public comment period in this action.
On October 4, 2021, Ecology's Director, Laura Watson, as the Governor's
designee, reviewed the results of the public review process and made
the determination to adopt the SIP revision and submit it to the EPA
for review and approval. Ecology's response to comments is included in
the SIP revision and was reviewed by the EPA prior to our proposed
approval. As Ecology notes in its responses, if Ecology does not submit
the current YRCAA regulations to the EPA for review and approval, the
YRCAA rules that were in place in 1989 would continue to be the rules
that the EPA and the public can enforce in Federal court, and would not
correspond to the rules YRCAA currently implements, creating
uncertainty for the public, regulated community and regulatory
agencies. We agree with that assessment.
    With respect to the EPA's review of the more specific comments
raised by this commenter during the public comment period in this
action, many of the concerns, such as the regulation of odor and toxic
air pollutants regulated under Chapter 173-460 WAC, are outside the
scope of this action. The EPA's authority to approve SIP submissions
extends to provisions related to attainment and maintenance of the
National Ambient Air Quality Standards through regulation of criteria
pollutants and their precursors and carrying out other specific
requirements of section 110 and Parts C and D of the CAA. To the extent
that the commenter raises concerns regarding YRCAA's regulation of
precursors to criteria pollutants, such as ammonia and volatile organic
compounds, none of the comments address a specific deficiency in a
regulation that the EPA proposed to approve in this action. In this
regard, we note that Yakima County is not designated nonattainment for
any criteria pollutants and this SIP revision was not submitted to
address any outstanding CAA Part D nonattainment requirements.
    With respect to the assertion that YRCAA ignores specified
Washington laws with respect to confined animal feeding operations, the
commenter does not explain the basis for its concerns with any
specificity. Several of the provisions cited by the commenter are
clearly outside the scope of this action: RCW 70.15.2270 (addressing
fees under Washington's title V operating permit program) and WAC 173-
460 (toxic air pollutants). RCW 70A.15.1005 (declaration of public
policies and purpose), and RCW 70A.15.3150, (penalties) are broad,
authorizing legislation, and the commenter does not explain how YRCAA
is ignoring these statutes and how such an allegation relates to the
EPA's authority to approve the revisions and updates to the Washington
SIP. RCW 70A.15.3050 (emission control requirements) provides that
local air authorities in Washington must generally have requirements
for the control of emissions that are no less stringent than those
adopted by the Washington Department of Ecology. The commenter does not
explain with any specificity, however, how the YRCAA regulations that
the EPA proposed to approve in this action are less stringent than
Ecology's regulations. In this regard, the EPA notes that it has
proposed to approve subsection 3.08(B) Dust from Cattle Feeding
Operations, which adds additional requirements to supplement the state
requirements in WAC 173-400-040(9) Fugitive Dust. Because no equivalent
requirements for dust control plans at cattle feeding operations exist
in state or Federal regulations, subsection 3.08(B) Dust from Cattle
Feeding Operations is SIP-strengthening. The commenter also cites to
WAC 173-400-100, Washington's registration requirements. This
regulation, however, is not in the SIP. See 79 FR 39351 (July 10, 2014)
at page 39354.
    In summary, the commenter raises broad concerns about YRCAA program
implementation and enforcement of air pollution control requirements
but does not raise specific Regulation 1 provisions for the EPA to
address or specify any action the EPA should take differently with
regards to the submitted regulations.

III. Final Action

A. Regulations Approved and Incorporated by Reference Into the SIP

    The EPA is approving general air quality regulations for the YRCAA
jurisdiction. These regulations impose new source review permitting
requirements, source registration requirements, source testing
procedures, public participation requirements, control measures for
certain source categories such as dust control requirements, and other
general provisions as necessary to implement the requirements above,
such as definitions and procedures. Specifically, the EPA is approving
and incorporating by reference into the Washington SIP at 40 CFR
52.2470(c)--Table 10--Additional Regulations Approved for the Yakima
Regional Clean Air Agency (YRCAA) Jurisdiction, the following YRCAA
Regulation 1 sections effective November 11, 2020:
     1.01, 1.02, 1.03, 1.04, 1.06, 1.07, 2.04, 3.01, 3.08,
4.01, 4.03, Appendix A, and Appendix B.
    The EPA is also approving and incorporating by reference the
following Chapter 173-400 WAC sections (state effective as of the date
shown below) that YRCAA and Ecology submitted to apply within YRCAA's
jurisdiction:
     173-400-020 (12/29/2012), 173-400-025 (9/16/2018), 173-
400-030 (9/16/2018), 173-400-036 (12/29/2012), 173-400-040 (9/16/2018),
173-400-050 (9/16/2018), 173-400-060 (11/25/2018), 173-400-105 (11/25/
2018), 173-400-110 (12/29/2012), 173-400-111 (07/01/2016), 173-400-112
(12/29/2012), 173-400-113 (12/29/2012), 173-400-117 (12/29/2012), 173-
400-118 (12/29/2012), 173-400-131 (4/1/2011), 173-400-136 (4/1/2011),
173-400-151 (2/10/2005), 173-400-171 (9/16/2018), 173-400-200 (2/10/
2005), 173-400-560 (12/29/2012), 173-400-800 (4/1/2011), 173-400-810
(07/01/2016), 173-400-820 (12/29/2012), 173-400-830 (07/01/2016), 173-
400-840 (07/01/2016), 173-400-850 (07/01/2016), and 173-400-860 (4/1/
2011).
    Please see the amendatory text for more detailed information about
the provisions submitted and approved in this action, including local
agency corollaries which replace certain Chapter 173-400 WAC provisions
and exclusions to our approval.

B. Approved But Not Incorporated by Reference Regulations

    In addition to the regulations approved and incorporated by
reference described in section III.A. of this preamble, 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. Therefore, we are approving the
following updates to YRCAA's general provisions for inclusion in 40 CFR
52.2470(e), Table 1--Approved but Not Incorporated by Reference
Regulations: YRCAA Regulation 1, sections 1.05, 2.01, 2.02, 2.05, 5.01,
5.02, and 5.03.

C. Regulations To Remove From the SIP

    YRCAA and Ecology's October 14, 2021, submittal included a request
to remove several obsolete provisions from the SIP and to remove other
provisions that are not required SIP elements under CAA section 110. As
discussed in the proposal for this action, we are removing former
section 1.03 which was replaced by Appendix A; former section 2.03
which was replaced by the provisions of section 1.07; former section
2.04 which was replaced by the provisions of section 1.06; former
section 5.10 which was repealed effective May 1, 2000; former section
5.12 which was replaced by section 3.08 and WAC 173-400-040; former
sections 13.01, 13.02, and 13.03 which were replaced by the provisions
of section 2.02; former section 12.01 which was replaced by section
2.03 and is not a required SIP element; and former sections 3.11, 4.02,
4.03, 5.06, 5.07, 5.08, and 5.11, for which YRCAA is now relying on
Chapter 173-400 WAC. We are also removing from 40 CFR 52.2470(c) the
former sections 2.02, 2.05, 3.01, 3.02, 3.03, 3.04, 8.01, 8.02, 8.03,
8.04, and 8.05, related to local agency enforcement and other general
authority, now consolidated in sections 1.05, 2.01, 2.02, 2.05, 5.01,
5.02, and 5.03 approved in 40 CFR 52.2470(e), Table 1--Approved But Not
Incorporated By Reference Regulations. We are removing from the SIP
Chapter 173-400 WAC provisions approved by the EPA on June 2, 1995 (60
FR 28726) that we are replacing with the local agency corollaries.
These provisions are WAC 173-400-010 (replaced by section 1.03), 173-
400-091 (replaced by section 4.03), and 173-400-100 (replaced by
section 4.01).

D. Scope of Proposed Action

    This revision to the SIP applies specifically to the YRCAA
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c), Table 10.
As discussed in our proposal, local air agency jurisdiction in
Washington is generally defined on a geographic basis; however, there
are exceptions. By statute, YRCAA does not have authority for sources
under the jurisdiction of the Energy Facilities 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, YRCAA also does not have jurisdiction for kraft pulp mills,
sulfite pulping mills, and primary aluminum plants. For these sources,
Ecology retains statewide, direct jurisdiction. Ecology and EFSEC also
retain statewide, direct jurisdiction for issuing Prevention of
Significant Deterioration (PSD) permits. Therefore, the EPA is not
approving into 40 CFR 52.2470(c), Table 10 those provisions of Chapter
173-400 WAC related to the PSD program. Specifically, these provisions
are WAC 173-400-116 and WAC 173-400-700 through 173-400-750, which the
EPA has already approved as applying state-wide under 40 CFR
52.2470(c), Tables 2 and 3.
    Jurisdiction to implement the visibility permitting program
contained in WAC 173-400-117 varies depending on the situation. Ecology
and EFSEC retain authority to implement WAC 173-400-117 as it relates
to PSD permits. However, for facilities subject to major nonattainment
new source review (NSR) under the applicability provisions of WAC 173-
400-800, we are approving YRCAA's implementation of those parts of WAC
173-400-117 as they relate to major nonattainment NSR permits.\2\
Therefore, we are modifying the visibility protection Federal
Implementation Plan contained in 40 CFR 52.2498 to reflect the approval
of WAC 173-400-117 as it applies to implementation of the major
nonattainment NSR program in YRCAA's jurisdiction.
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    \2\ This approval is with respect to the current area
designations and classifications in the YRCAA jurisdiction only. New
nonattainment designations trigger nonattainment NSR SIP revisions,
among other area planning requirements.
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    Lastly, this SIP revision is not approved to apply on any Indian
reservation land within Yakima County and is also not approved to apply
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, we are finalizing the incorporation

by reference of certain provisions as described in section III.A. and
removing provisions from the SIP as described in section III.C. of this
preamble. The EPA has made, and will continue to make, materials
incorporated by reference generally available through https://www.regulations.gov and at the EPA Region 10 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by the EPA for inclusion in the SIP, have been
incorporated by reference by the EPA into that plan, are fully
federally-enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rule of the EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\3\
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    \3\ 62 FR 27968 (May 22, 1997).
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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
final action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this final action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    This SIP revision is not approved to apply on any Indian
reservation land within Yakima County and is also not approved to apply
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000). Consistent
with EPA policy, the EPA provided an opportunity to request
consultation to the Confederated Tribes and Bands of the Yakama Nation
in a letter dated April 5, 2021.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 9, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

    Dated: June 28, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart WW--Washington

0
2. In Sec.  52.2470 amend:
0
a. Paragraph (c) by revising ``Table 10''; and
0
b. Paragraph (e) by adding a new heading for ``Yakima Regional Clean
Air Agency Regulations'' and adding new entries ``1.05'', ``2.01'',
``2.02'', ``2.05'', ``5.01'', ``5.02'', and ``5.03'' at the end of
Table 1.
    The additions and revisions read as follows:

Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

     Table 10--Additional Regulations Approved for the Yakima Regional Clean Air Agency (YRCAA) Jurisdiction
 [Applicable in Yakima county, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC)
  jurisdiction; facilities subject to the Washington Department of Ecology's direct jurisdiction under Chapters
  173-405, 173-410, and 173-415 Washington Administrative Code (WAC); Indian reservations; any other area where
  the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction; and the Prevention of Significant
     Deterioration (PSD) permitting of facilities subject to the applicability sections of WAC 173-400-700.]
----------------------------------------------------------------------------------------------------------------
                                                     State/local
   State/local citation         Title/subject      effective date    EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------
                                  Yakima Regional Clean Air Agency Regulations
                                  Article 1--General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
1.01.....................  Name of Agency........        11/09/20  7/11/22, [INSERT
                                                                    FEDERAL REGISTER
                                                                    CITATION].
1.02.....................  Short Title...........        11/09/20  7/11/22, [INSERT
                                                                    FEDERAL REGISTER
                                                                    CITATION].
1.03.....................  Policy................        11/09/20  7/11/22, [INSERT       Except sub-section H.
                                                                    FEDERAL REGISTER       Replaces WAC 173-400-
                                                                    CITATION].             010.
1.04.....................  Applicability.........        11/09/20  7/11/22, [INSERT
                                                                    FEDERAL REGISTER
                                                                    CITATION].
1.06.....................  Records...............        11/09/20  7/11/22, [INSERT       Replaces WAC 173-400-
                                                                    FEDERAL REGISTER       175.
                                                                    CITATION].
1.07.....................  General Provisions....        11/09/20  7/11/22, [INSERT       Replaces WAC 173-400-
                                                                    FEDERAL REGISTER       105(6) & (8).
                                                                    CITATION].
----------------------------------------------------------------------------------------------------------------
                                         Article 2--General Regulations
----------------------------------------------------------------------------------------------------------------
2.04.....................  Public Participation          11/09/20  7/11/22, [INSERT
                            in Permitting.                          FEDERAL REGISTER
                                                                    CITATION].
----------------------------------------------------------------------------------------------------------------
                                                Article 3--Rules
----------------------------------------------------------------------------------------------------------------
3.01.....................  General Rules.........        11/09/20  7/11/22, [INSERT       Except sub-section D.
                                                                    FEDERAL REGISTER
                                                                    CITATION].
3.04.....................  Wood Heaters..........        11/09/20  1/24/22, 87 FR 3435..
3.05.....................  Burn Bans.............        11/09/20  1/24/22, 87 FR 3435..
3.08.....................  Specific Dust Controls        11/09/20  7/11/22, [INSERT       Except sub-sections
                                                                    FEDERAL REGISTER       3.08(A)(3)(b) and
                                                                    CITATION].             3.08(B)(3).
----------------------------------------------------------------------------------------------------------------

                                       Article 4--Permits and Registration
----------------------------------------------------------------------------------------------------------------
4.01.....................  Registration Program..        11/09/20  7/11/22, [INSERT       Excluding any
                                                                    FEDERAL REGISTER       provisions related to
                                                                    CITATION].             the regulation of
                                                                                Toxic Air Pollutants.
4.03.....................  Voluntary Limits on           11/09/20  7/11/22, [INSERT       Replaces WAC 173-400-
                            Emissions.                              FEDERAL REGISTER       091 (state effective
                                                                    CITATION].             4/1/11). The 9/20/93
                                                                                version of WAC 173-
                                                                                400-091 continues to
                                                                                be approved under the
                                                                                authority of CAA
                                                                                Section 112(l) with
                                                                                respect to Section
                                                                                112 hazardous air
                                                                                pollutants. See the
                                                                                Federal Register of
                                                                                June 2, 1995).
----------------------------------------------------------------------------------------------------------------
                            Article V--Emissions Standards and Preventative Measures
----------------------------------------------------------------------------------------------------------------
5.01.....................  Outdoor Burning.......        12/15/95  2/2/98, 63 FR 5269...  Subsections 5.01-5.05
                                                                                (state effective 12/
                                                                                15/95) were
                                                                                subsequently
                                                                                consolidated and
                                                                                renumbered to
                                                                                subsection 3.03 which
                                                                                will be addressed in
                                                                                a separate action.
5.02.....................  Regulations Applicable        12/15/95  2/2/98, 63 FR 5269...  Subsections 5.01-5.05
                            to all Outdoor                                                 (state effective 12/
                            Burning.                                                       15/95) were
                                                                                subsequently
                                                                                consolidated and
                                                                                renumbered to
                                                                                subsection 3.03 which
                                                                                will be addressed in
                                                                                a separate action.
5.03.....................  Regulations Applicable        12/15/95  2/2/98, 63 FR 5269...  Subsections 5.01-5.05
                            to all Outdoor                                                 (state effective 12/
                            Burning within                                                 15/95) were
                            Jurisdiction of the                                            subsequently
                            Yakima County Clean                                            consolidated and
                            Air Authority, Local                                           renumbered to
                            Cities, Towns, Fire                                            subsection 3.03 which
                            Protection Districts                                           will be addressed in
                            and Conservation                                               a separate action.
                            Districts.
5.04.....................  Regulations Applicable        12/15/95  2/2/98, 63 FR 5269...  Subsections 5.01-5.05
                            to Permits Issued by                                           (state effective 12/
                            the Yakima County                                              15/95) were
                            Clean Air Authority                                            subsequently
                            for all Other Outdoor                                          consolidated and
                            Burning.                                                       renumbered to
                                                                                subsection 3.03 which
                                                                                will be addressed in
                                                                                a separate action.
5.05.....................  Additional                    12/15/95  2/2/98, 63 FR 5269...  Subsections 5.01-5.05
                            Restrictions on                                                (state effective 12/
                            Outdoor Burning.                                               15/95) were
                                                                                subsequently
                                                                                consolidated and
                                                                                renumbered to
                                                                                subsection 3.03 which
                                                                                will be addressed in
                                                                                a separate action.
----------------------------------------------------------------------------------------------------------------
                                                   Appendices
----------------------------------------------------------------------------------------------------------------
Appendix A...............  Definitions of Words          11/09/20  7/11/22, [INSERT
                            and Phrases.                            FEDERAL REGISTER
                                                                    CITATION].
Appendix B...............  Definitions of                11/09/20  7/11/22, [INSERT
                            Acronyms and                            FEDERAL REGISTER
                            Abbreviations.                          CITATION].
----------------------------------------------------------------------------------------------------------------
                                  Washington Department of Ecology Regulations
         Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
173-400-020..............  Applicability.........        12/29/12  7/11/22, [INSERT
                                                                    FEDERAL REGISTER
                                                                    CITATION].
173-400-025..............  Adoption of Federal            9/16/18  7/11/22, [INSERT
                            Rules.                                  FEDERAL REGISTER
                                                                    CITATION].

173-400-030(24)..........  Definitions...........         3/22/91  6/2/95, 60 FR 28726..
173-400-030..............  Definitions...........         9/16/18  7/11/22, [INSERT       Except: 173-400-
                                                                    FEDERAL REGISTER       030(6); 173-400-
                                                                    CITATION].             030(32); 173-400-
                                                                                030(38); 173-400-
                                                                                030(45); 173-400-
                                                                                030(83); 173-400-
                                                                                030(89); 173-400-
                                                                                030(96); 173-400-
                                                                                030(97); 173-400-
                                                                                030(100); 173-400-
                                                                                030(103); 173-400-
                                                                                030(104).
173-400-036..............  Relocation of Portable        12/29/12  7/11/22, [INSERT
                            Sources.                                FEDERAL REGISTER
                                                                    CITATION].
173-400-040(1)(a) & (b)..  General Standards for          3/22/91  6/2/95, 60 FR 28726..  Subsections 173-400-
                            Maximum Emissions.                                             040(1)(a)&(b) (state
                                                                                effective 3/22/91)
                                                                                were subsequently
                                                                                revised and
                                                                                renumbered to
                                                                                subsection 173-400-
                                                                                040(2) which will be
                                                                                addressed in a
                                                                                separate action.
173-400-040..............  General Standards for          9/16/18  7/11/22, [INSERT       Except: 173-400-
                            Maximum Emissions.                      FEDERAL REGISTER       040(2); 173-400-
                                                                    CITATION].             040(3); 173-400-
                                                                                040(5);
173-400-050..............  Emission Standards for         9/16/18  7/11/22, [INSERT       Except: 173-400-
                            Combustion and                          FEDERAL REGISTER       050(2); 173-400-
                            Incineration Units.                     CITATION].             050(4); 173-400-
                                                                                050(5); 173-400-
                                                                                050(6).
173-400-060..............  Emission Standards for        11/25/18  7/11/22, [INSERT
                            General Process Units.                  FEDERAL REGISTER
                                                                    CITATION].
173-400-070..............  Emission Standards for         3/22/91  6/2/95, 60 FR 28726..  Except (7).
                            Certain Source
                            Categories.
173-400-081..............  Startup and Shutdown..         9/20/93  6/2/95, 60 FR 28726..
173-400-105..............  Records, Monitoring           11/25/18  7/11/22, [INSERT       Except 173-400-105(6)
                            and Reporting.                          FEDERAL REGISTER       & (8).
                                                                    CITATION].
173-400-107..............  Excess Emissions......         9/20/93  6/2/95, 60 FR 28726..
173-400-110..............  New Source Review             12/29/12  7/11/22, [INSERT       Except: 173-400-
                            (NSR) for Sources and                   FEDERAL REGISTER       110(1)(c)(ii)(C); 173-
                            Portable Sources.                       CITATION].             400-110(1)(e); 173-
                                                                                400-110(2)(d); The
                                                                                part of WAC 173-400-
                                                                                110(4)(b)(vi) that
                                                                                says,
                                                                                ``not for use
                                                                                with materials
                                                                                containing toxic air
                                                                                pollutants, as listed
                                                                                in chapter 173-460
                                                                                WAC,''; The part of
                                                                                400-110 (4)(e)(iii)
                                                                                that says,
                                                                                ``where
                                                                                toxic air
                                                                                pollutants as
                                                                                defined in chapter
                                                                                173-460 WAC are
                                                                                not emitted''; The
                                                                                part of 400-
                                                                                110(4)(f)(i) that
                                                                                says,
                                                                                ``that are
                                                                                not toxic air
                                                                                pollutants listed
                                                                                in chapter 173-460
                                                                                WAC''; The part of
                                                                                400-110
                                                                                (4)(h)(xviii) that
                                                                                says,
                                                                                ``, to the
                                                                                extent that toxic
                                                                                air pollutant
                                                                                gases as defined
                                                                                in chapter 173-460
                                                                                WAC are not
                                                                                emitted''; The
                                                                                part of 400-110
                                                                                (4)(h)(xxxiii)
                                                                                that says,
                                                                                ``where no
                                                                                toxic air
                                                                                pollutants as
                                                                                listed under
                                                                                chapter 173-460
                                                                                WAC are emitted'';
                                                                                The part of 400-
                                                                                110(4)(h)(xxxiv)
                                                                                that says,
                                                                                ``, or
                                                                                <=1% (by weight)
                                                                                toxic air
                                                                                pollutants as
                                                                                listed in chapter
                                                                                173-460 WAC''; The
                                                                                part of 400-
                                                                                110(4)(h)(xxxv)
                                                                                that says,

                                                                                ``or <=1%
                                                                                (by weight) toxic
                                                                                air pollutants'';
                                                                                The part of 400-
                                                                                110(4)(h)(xxxvi)
                                                                                that says,
                                                                                ``or <=1%
                                                                                (by weight) toxic
                                                                                air pollutants as
                                                                                listed in chapter
                                                                                173-460 WAC''; 400-
                                                                                110(4)(h)(xl),
                                                                                second sentence;
                                                                                The last row of
                                                                                the table in 173-
                                                                                400-110(5)(b)
                                                                                regarding
                                                                                exemption levels
                                                                                for Toxic Air
                                                                                Pollutants.
173-400-111..............  Processing Notice of          07/01/16  7/11/22, [INSERT       Except: 173-400-
                            Construction                            FEDERAL REGISTER       111(3)(h); The part
                            Applications for                        CITATION].             of 173-400-
                            Sources, Stationary.                                           111(8)(a)(v) that
                                                                                says,
                                                                                ``and 173-460-
                                                                                040,''; 173-400-
                                                                                111(9).
173-400-112..............  Requirements for New          12/29/12  7/11/22, [INSERT
                            Sources in                              FEDERAL REGISTER
                            Nonattainment Areas--                   CITATION].
                            Review for Compliance
                            with Regulations.
173-400-113..............  New Sources in                12/29/12  7/11/22, [INSERT       Except: 173-400-
                            Attainment or                           FEDERAL REGISTER       113(3), second
                            Unclassifiable Areas--                  CITATION].             sentence.
                            Review for Compliance
                            with Regulations.
173-400-117..............  Special Protection            12/29/12  7/11/22, [INSERT
                            Requirements for                        FEDERAL REGISTER
                            Federal Class I Areas.                  CITATION].
173-400-118..............  Designation of Class          12/29/12  7/11/22, [INSERT
                            I, II, and III Areas.                   FEDERAL REGISTER
                                                                    CITATION].
173-400-131..............  Issuance of Emission            4/1/11  7/11/22, [INSERT
                            Reduction Credits.                      FEDERAL REGISTER
                                                                    CITATION].
173-400-136..............  Use of Emission               12/29/12  7/11/22, [INSERT
                            Reduction Credits                       FEDERAL REGISTER
                            (ERC).                                  CITATION].
173-400-151..............  Retrofit Requirements          2/10/05  7/11/22, [INSERT
                            for Visibility                          FEDERAL REGISTER
                            Protection.                             CITATION].
173-400-161..............  Compliance Schedules..         3/22/91  6/2/95, 60 FR 28726..
173-400-171..............  Public Notice and              9/16/18  7/11/22, [INSERT       Except: The part of
                            Opportunity for                         FEDERAL REGISTER       173-400-171(3)(b)
                            Public Comment.                         CITATION].             that says,
                                                                                ``or any
                                                                                increase in emissions
                                                                                of a toxic air
                                                                                pollutant above the
                                                                                acceptable source
                                                                                impact level for that
                                                                                toxic air pollutant
                                                                                as regulated under
                                                                                chapter 173-460
                                                                                WAC''; 173-400-
                                                                                171(3)(o); 173-400-
                                                                                171(12).
173-400-190..............  Requirements for               3/22/91  6/2/95, 60 FR 28726..
                            Nonattainment Areas.
173-400-200..............  Creditable Stack               2/10/05  7/11/22, [INSERT
                            Height and Dispersion                   FEDERAL REGISTER
                            Techniques.                             CITATION].
173-400-205..............  Adjustment for                 3/22/91  6/2/95, 60 FR 28726..
                            Atmospheric
                            Conditions.

173-400-210..............  Emission Requirements          3/22/91  6/2/95, 60 FR 28726..
                            of Prior
                            Jurisdictions.
173-400-560..............  General Order of              12/29/12  7/11/22, [INSERT       Except: The part of
                            Approval.                               FEDERAL REGISTER       173-400-560(1)(f)
                                                                    CITATION].             that says, ``173-460
                                                                                WAC''.
173-400-800..............  Major Stationary                4/1/11  7/11/22, [INSERT       EPA did not review WAC
                            Source and Major                        FEDERAL REGISTER       173-400-800 through
                            Modification in a                       CITATION].             860 for consistency
                            Nonattainment Area.                                            with the 2016 PM2.5
                                                                                implementation rule
                                                                                (see the Federal
                                                                                Register of August
                                                                                24, 2016); nor does
                                                                                YRCAA have an
                                                                                obligation to submit
                                                                                rule revisions to
                                                                                address the 2016
                                                                                PM2.5 implementation
                                                                                rule at this time.
173-400-810..............  Major Stationary                7/1/16  7/11/22, [INSERT
                            Source and Major                        FEDERAL REGISTER
                            Modification                            CITATION].
                            Definitions.
173-400-820..............  Determining if a New          12/29/12  7/11/22, [INSERT
                            Stationary Source or                    FEDERAL REGISTER
                            Modification to a                       CITATION].
                            Stationary Source is
                            Subject to these
                            Requirements.
173-400-830..............  Permitting                      7/1/16  7/11/22, [INSERT
                            Requirements.                           FEDERAL REGISTER
                                                                    CITATION].
173-400-840..............  Emission Offset                 7/1/16  7/11/22, [INSERT
                            Requirements.                           FEDERAL REGISTER
                                                                    CITATION].
173-400-850..............  Actual Emissions                7/1/16  7/11/22, [INSERT
                            Plantwide                               FEDERAL REGISTER
                            Applicability                           CITATION].
                            Limitation (PAL).
173-400-860..............  Public Involvement              4/1/11  7/11/22, [INSERT
                            Procedures.                             FEDERAL REGISTER
                                                                    CITATION].
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                         Table 1--Approved But Not Incorporated By Reference Regulations
----------------------------------------------------------------------------------------------------------------
                                                   State/local
  State/local citation        Title/subject      effective date    EPA approval date          Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Yakima Regional Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
1.05....................  Roles and                    11/09/20  7/11/22, [INSERT       ........................
                           Responsibilities.                      FEDERAL REGISTER
                                                                  CITATION].
2.01....................  Authority and                11/09/20  7/11/22, [INSERT       ........................
                           Investigation.                         FEDERAL REGISTER
                                                                  CITATION].
2.02....................  Authority to Collect         11/09/20  7/11/22, [INSERT       ........................
                           Fees.                                  FEDERAL REGISTER
                                                                  CITATION].

2.05....................  Appeals..............        11/09/20  7/11/22, [INSERT       ........................
                                                                  FEDERAL REGISTER
                                                                  CITATION].
5.01....................  General Information..        11/09/20  7/11/22, [INSERT       ........................
                                                                  FEDERAL REGISTER
                                                                  CITATION].
5.02....................  Additional or                11/09/20  7/11/22, [INSERT       ........................
                           Alternative                            FEDERAL REGISTER
                           Enforcement Actions.                   CITATION].
5.03....................  Penalties............        11/09/20  7/11/22, [INSERT       ........................
                                                                  FEDERAL REGISTER
                                                                  CITATION].
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Amend Sec.  52.2495 by revising paragraph (a) to read as follows:

Sec.  52.2495   Voluntary limits on potential to emit.

    (a) Terms and conditions of regulatory orders covering regulated
NSR pollutants (as defined in 40 CFR 52.21(b)), issued pursuant to WAC
173-400-091 ``Voluntary limits on emissions'' and in accordance with
the provisions of WAC 173-400-091, WAC 173-400-105 ``Records,
monitoring, and reporting,'' and WAC 173-400-171 ``Public
involvement,'' shall be applicable requirements of the Federally-
approved Washington SIP for the purposes of section 113 of the Clean
Air Act and shall be enforceable by the EPA and by any person in the
same manner as other requirements of the SIP. Such regulatory orders
issued pursuant to WAC 173-400-091 are part of the Washington SIP and
shall be submitted to EPA Region 10 in accordance with the requirements
of 40 CFR 51.326. This includes any local clean air agency corollary
approved by the EPA to act in lieu of WAC 173-400-091 or the adoption
by reference of WAC 173-400-091 by any state or local agency. The EPA-
approved provisions of the WAC are identified in 40 CFR 52.2470(c).
* * * * *

0
4. Amend Sec.  52.2498 by revising paragraph (a)(1) to read as follows:

Sec.  52.2498  Visibility protection.

    (a) * * *
    (1) Sources subject to the jurisdiction of Olympic Region Clean Air
Agency;
* * * * *
[FR Doc. 2022-14389 Filed 7-8-22; 8:45 am]
BILLING CODE 6560-50-P


                         Appendix II- Outstanding Data
                 For EPA Registration Nos. 47000-19, 47000-101

Outstanding Product Chemistry for 47000-19
830.1550 Product identity and composition
830.1600 Description of materials used to produce the product
830.1650 Description of formulation process
830.1670 Discussion of formation of impurities
830.1750 Certified limits
830.1800 Enforcement analytical method
830.6302 Color
830.6303 Physical state
830.6304 Odor
830.6314 Oxidizing or reducing action
830.6315 Flammability
830.6316 Explodability
830.6317 Storage stability
830.6319 Miscibility
830.6320 Corrosion characteristics
830.6321 Dielectric breakdown voltage
830.7000 pH
830.7100 Viscosity
830.7300 Density/relative density

Outstanding Product Chemistry for 47000-101
830.6317 Storage stability
830.6320 Corrosion characteristics