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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations available only in hard copy form.
Publicly available docket materials are available at https
www.regulations.gov, or please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth AvenueSuite 155, Seattle, WA 98101, at 206 5530256, or hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever we, us, or our is used, it means the EPA.
I. Background On February 24, 2021, we proposed to approve an update to the SRCAA
regulations in the SIP, remove obsolete regulations, and approve a subset of Ecologys general air quality regulations adopted by reference to apply in SRCAAs jurisdiction 86 FR 11204.
The reasons for our proposed approval were stated in the proposed rulemaking and will not be re-stated here. The public comment period for our proposed action ended on March 26, 2021. We received no comments.
Therefore, we are finalizing our action as proposed.

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II. Final Action A. Regulations Approved and Incorporated by Reference Into the SIP
The EPA is approving and incorporating by reference into the Washington SIP at 40 CFR 52.2470c Table 9Additional Regulations Approved for the Spokane Regional Clean Air Agency SRCAA Jurisdiction, the following SRCAA regulatory sections effective September 1, 2020:
1.01, 1.02, 1.03, 1.04, 1.05, 2.08, 2.09, 2.13, 2.14, 4.03, 4.04, 4.05, 5.02, 5.03, 5.04, 5.05, 5.06, 5.07, 5.08, 5.09, 5.10, 5.11, 5.12, 5.13, 5.14, 5.15, 6.04, 6.05, 6.07, 6.14, and 6.15.
The EPA is also approving and incorporating by reference the following Chapter 173400 Washington Administrative Code WAC sections adopted by reference in Regulation I, subsection 2.14A1 that SRCAA and Ecology submitted to apply within SRCAAs jurisdiction effective date:
173400020 12/29/2012, 173
400030 9/16/2018, 173400040 9/
16/2018, 173400050 9/16/2018, 173400060 11/25/2018, 173400
091 4/1/2011, 173400105 11/25/
2018, 173400112 12/29/2012, 173
400113 12/29/2012, 173400117
12/29/2012, 173400118 12/29/
2012, 173400131 4/1/2011, 173
400136 12/29/2012, 173400151 2/
10/2005, 173400175 2/10/2005,
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173400200 2/10/2005, 173400560
12/29/2012, 173400800 4/1/2011, 173400810 7/1/2016, 173400820
12/29/2012, 173400830 7/1/2016, 173400840 7/1/2016, 173400850
7/1/2016, and 173400860 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 173400 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 II.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 EPAs independent authorities. Therefore, we are approving the following updates to SRCAAs general provisions for inclusion in 40
CFR 52.2470e, Table 1Approved but Not Incorporated by Reference Regulations: 2.01, 2.02, 2.03, 2.04, 2.05, 2.06, 2.10, 2.11, and 2.12. We also note that SRCAA adopts by reference WAC
173400220, 173400230, 173400
240, 173400250, and 173400260 to apply within its jurisdiction in the approved but not incorporated by reference section of the SIP. 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 173400 WAC
provisions and exclusions to our approval.
C. Regulations to Remove From the SIP
As discussed in the proposal for this action, we are removing from the SIP for SRCAAs jurisdiction any formerly approved Chapter 173400 WAC
provisions which are replaced by local agency corollaries. We are also removing WAC 173400100
Registration from the SIP for SRCAAs jurisdiction because it is not a required SIP element. Lastly, we are removing the outdated and subsequently repealed Regulation II, section 4.01 because these requirements were replaced by SRCAAs adoption by reference of WAC 173400
050 and WAC 173400060.

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D. Scope of Proposed Action This revision to the SIP applies specifically to the SRCAA jurisdiction incorporated into the SIP at 40 CFR
52.2470c, Table 9. As discussed in our proposal, local air agency jurisdiction in Washington is generally defined on a geographic basis; however, there are exceptions. By statute, SRCAA 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 173405012, 173
410012, and 173415012, SRCAA
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
52.2470c, Table 9 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 state-wide under 40 CFR 52.2470c, Tables 2 and 3.
Also, as described in our proposal for this action, jurisdiction to implement the visibility permitting program contained in WAC 173400117 varies depending on the situation. Ecology and EFSEC retain authority to implement WAC 173400117 as it relates to PSD
permits. However, for facilities subject to major nonattainment new source review NSR under the applicability provisions of WAC 173400800, we are approving SRCAAs implementation of those parts of WAC 173400117 as they relate to major nonattainment NSR
permits. Therefore, we are modifying the visibility protection Federal Implementation Plan contained in 40
CFR 52.2498 to reflect the approval of WAC 173400117 as it applies to implementation of the major nonattainment NSR program in SRCAAs jurisdiction.
Lastly, this SIP revision is not approved to apply on any Indian reservation land within Spokane 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.
III. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR

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