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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1

the SIP Chapter 173400 WAC
provisions approved by the EPA on June 2, 1995 60 FR 28726 that we are proposing to replace with the local agency corollaries discussed above.
These provisions are WAC 173400010
replaced by section 1.03, 173400091
replaced by section 4.03, and 173
400100 replaced by section 4.01.
D. Scope of Proposed Action This proposed revision to the SIP
applies specifically to the YRCAA
jurisdiction as described in the SIP at 40
CFR 52.2470cTable 10. As discussed in our October 3, 2014 action approving the general provisions of Chapter 173
400 WAC, local air agency jurisdiction in Washington is generally defined on a geographic basis; however, there are exceptions 79 FR 59653, at page 59654. By statute, YRCAA does not have authority for sources under the jurisdiction of the EFSEC. See Revised Code of Washington Chapter 80.50.
Under the applicability provisions of WAC 173405012, 173410012, and 173415012, 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
52.2470cTable 10 those provisions of Chapter 173400 WAC related to the PSD program. Specifically, these provisions are WAC 173400116 and WAC 173400700 through 173400
750, which the EPA has already approved as applying statewide under 40 CFR 52.2470cTables 2 and 3.
As described in an April 29, 2015
final action approving revisions to the Washington SIP, jurisdiction to implement the visibility permitting program contained in WAC 173400
117 varies depending on the situation.
Ecology retains authority to implement WAC 173400117 as it relates to PSD
permits 80 FR 23721. However, for facilities subject to major nonattainment new source review NSR under the applicability provisions of WAC 173
400800, we are proposing that YRCAA
would be responsible for implementing those parts of WAC 173400117 as they relate to major nonattainment NSR
permits. See 80 FR 23726. 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 173400117 as it applies to implementation of the major nonattainment NSR program in YRCAAs jurisdiction.

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With respect to the nonattainment NSR permitting program for major stationary sources, the EPA approved WAC 173400800 through 173400
860 for Ecologys direct permitting jurisdiction on November 7, 2014 79 FR
59653, with minor revisions to reflect updated federal citations on October 6, 2016 81 FR 69385. In connection with our November 7, 2014 approval, we reviewed WAC 173400800 through 173400860 pursuant to the federal regulatory requirements in existence at that time and discussed the fact that the EPAs 2008 PM2.5 New Source Review Rule 73 FR 28321, May 16, 2008 had been remanded to the EPA by the U.S.
Court of Appeals for the District of Columbia Circuit. See 79 FR 43345, 43347 July 25, 2014 proposed action;
79 FR 59653 final action. EPAs 2008
PM2.5 New Source Review Rule has since been replaced by a revised implementation rule published August 24, 2016, which imposed additional NSR requirements for PM2.5
nonattainment areas 81 FR 58010.
Because there are no designated nonattainment areas within YRCAAs jurisdiction for any criteria pollutant, including PM2.5, the EPA did not review WAC 173400800 through 173400
860 for consistency with the newly revised PM2.5 implementation rule; nor does Ecology or YRCAA have an obligation to submit rule revisions to address the 2016 PM2.5 implementation rule at this time. We also note that the federal major nonattainment NSR
requirements remain unchanged for all other criteria pollutants since our review and approval of WAC 173400
800 through 173400860. We are therefore proposing to approve WAC
173400800 through 173400860 in YRCAAs jurisdiction as meeting the current major nonattainment NSR
requirements for all criteria pollutants with respect to the current area designations and classifications in the YRCAA jurisdiction. New nonattainment designations trigger nonattainment NSR SIP revisions, among other area planning requirements.
Lastly, this SIP revision is not approved to apply on any Indian reservation land in Washington or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.
V. Incorporation by Reference In this document, the EPA is proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is proposing to
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incorporate by reference the regulations shown in the tables in section IV.A.
Regulations to Approve and Incorporate by Reference into the SIP of this document. The EPA is also proposing to remove from the incorporation by reference the regulations discussed in section IV.C. Regulations to Remove from the SIP of this document. The EPA
has made, and will continue to make, these documents 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.
VI. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act and applicable Federal regulations. 42
U.S.C. 7410k; 40 CFR 52.02a. Thus, in reviewing SIP submissions, the EPAs role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed 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 proposed 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. 1044;
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 12d of the National Technology Transfer and Advancement
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