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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
H. Section 2.03 Applicable State and Federal Regulations
K. Sections 3.01 General Rules and 3.08 Specific Dust Controls
This section replaces the revoked section 12.01 State Regulations, which was approved into the SIP in 1998.
Except for Chapter 173400 WAC
discussed in more detail below, the remaining state WAC and federal Code of Federal Regulations CFR provisions cited in section 2.03 would apply in YRCAAs jurisdiction according to the terms of the state and federal regulations and do not need to be included as part of the local agency SIP submission.
Therefore, we are proposing to remove the revoked section 12.01 from the SIP.
For a full list of statewide WAC
provisions approved into the SIP, please see 40 CFR 52.2470c Table 1
Regulations Approved Statewide. For a list of updated Chapter 173400 WAC
provisions proposed for approval in YRCAAs jurisdiction, please see section IV.A Regulations to Approve and Incorporate by Reference into the SIP in this document.

Section 3.01 contains general rules applicable to all sources under YRCAAs jurisdiction. Section 3.08
contains additional provisions to address fugitive dust from construction and cattle feeding operations. We note that YRCAA is not submitting, and the EPA is not proposing to approve, subsections 3.01D Variance Process, 3.08A3b Emergencies, and 3.08B3 Emergencies. It is the EPAs longstanding position that these types of provisions are not appropriate for approval into the SIP. See 69 FR 17368, 17370 April 2, 2004; see also 80 FR
33840, 3391733918 June 12, 2015. We also note that these provisions, which add additional requirements to address a subset of potential fugitive dust sources, do not replace the broader statewide provisions of WAC 173400
0409 Fugitive Dust. With the exceptions noted above, we are proposing to approve sections 3.01 and 3.08.

I. Section 2.04
Permitting
Public Participation in
L. Section 4.01

As previously discussed, in 2002, YRCAA repealed section 2.04 Public Participation to rely on WAC 173400
171 Public Notice and Opportunity for Public Comment. On October 8, 2020, YRCAA reestablished section 2.04, creating a cross reference to the provisions of WAC 173400171 for permits issued under the new source review program. We are proposing to approve section 2.04. However, section 2.04 will not replace WAC 173400
171, because the WAC is broader in scope and covers public participation beyond just permitting.

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J. Section 2.05

Appeals
This section cites to Washington statutory provisions for the appeals process, as well as the regulatory provisions of WAC 173400250. As previously described with respect to sections 1.05 and 2.01, the EPA reviews and approves state and local clean air agency submissions to ensure they provide adequate general authority to implement and enforce the SIP.
However, regulations describing such agency enforcement and other general authority are generally not incorporated by reference to avoid potential conflict with the EPAs independent authorities.
The EPA is therefore proposing to approve but not incorporate by reference section 2.05.

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Registration Program
Section 4.01 contains the YRCAAspecific registration program, which replaces the registration program of WAC 173400099 through 173400
104. Section 4.01 cites to and uses the source categories in WAC 173400100
for applicability. Section 4.01 also uses emissions thresholds established in the WAC for determining annual or triennial emissions reporting to support the federal Air Emissions Reporting Requirements 40 CFR part 51, subpart A and other local program requirements. We are proposing to approve section 4.01, except for requirements related to Toxic Air Pollutants, which YRCAA did not submit because such provisions are outside the scope of CAA section 110
requirements for SIPs.
M. Section 4.03
Emissions
Voluntary Limits on
Section 4.03 replaces WAC 173400
091 Voluntary Limits on Emissions.
Section 4.03 contains requirements nearly identical to the WAC, but YRCAA adapted the language slightly to reflect local agency implementation. We are proposing to approve section 4.03 to replace WAC 173400091 for sources within YRCAAs jurisdiction as it relates to CAA section 110 requirements for SIPs.

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N. Sections 5.01 General Information, 5.02 Additional or Alternative Enforcement Actions, and 5.03 Penalties These sections describe YRCAAs compliance, enforcement, and penalty authorities. As described in section IV.B
of this document, 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 to avoid potential conflict with the EPAs independent authorities.
The EPA is therefore proposing to approve but not incorporate by reference sections 5.01, 5.02, and 5.03.
III. Applicability of Chapter 173400
WAC
As previously discussed, a local clean air agency has the authority under WAC
173400020 to establish local regulations to supplement, or act in lieu of, the statewide Chapter 173400 WAC
provisions for sources under its jurisdiction. YRCAA generally implements and enforces Chapter 173
400 WAC, with a small set of YRCAAspecific provisions replacing certain sections or subsections of Chapter 173
400 WAC. The EPA is generally proposing to approve the most recent updates to Chapter 173400 WAC to apply within YRCAAs jurisdiction subject to the exclusions and conditions discussed in section IV The EPAs Proposed Action of this document. This approach is consistent with our previous SIP actions for Benton Clean Air Agency 80 FR 71695, November 17, 2015, Southwest Clean Air Agency 82
FR 17136, April 10, 2017, Puget Sound Clean Air Agency 85 FR 22355, April 22, 2020, Northwest Clean Air Agency 85 FR 36154, June 15, 2020, and Spokane Regional Clean Air Agency 86
FR 24718, May 10, 2021.
IV. The EPAs Proposed Action A. Regulations To Approve and Incorporate by Reference Into the SIP
The EPA is proposing to approve and incorporate by reference into the Washington SIP at 40 CFR 52.2470c Table 10Additional Regulations Approved for the Yakima Regional Clean Air Agency YRCAA Jurisdiction, the YRCAA and Ecology regulations listed in Tables 1 and 2 of this document below for sources within YRCAAs jurisdiction. Table 1 shows the updated YRCAA regulations,
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