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69200

Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 65
FR 67249, November 9, 2000.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: November 30, 2021.
Debra Shore, Regional Administrator, Region 5.
FR Doc. 202126467 Filed 12621; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR10OAR20210751: FRL921101
R10

Table of Contents
Air Plan Approval; Washington;
Yakima Regional Clean Air Agency, General Air Quality Regulations Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve 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 proposes to update the SIP for YRCAAs jurisdiction to reflect these changes to the WAC. We also propose to update certain YRCAA regulations currently in the SIP, remove obsolete regulations, and approve a small set of YRCAA
regulations to replace or supplement the corresponding WAC regulations for sources in YRCAAs jurisdiction.
DATES: Comments must be received on or before January 6, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR10
OAR20210751 at https
www.regulations.gov. Follow the online instructions for submitting comments.
Once submitted, comments cannot be edited or removed from Regulations.gov.
The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential
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SUMMARY:

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Business Information CBI or other information whose disclosure is restricted by statute. Multimedia submissions audio, video, etc. must be accompanied by a written comment.
The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission i.e., on the web, cloud, or other file sharing system. For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth AvenueSuite 155, Seattle, WA 98101, at 206 5530256, or hunt.jeff@epa.gov.
I. Background for Proposed Action II. Proposed Revisions, YRCAA Regulation 1
A. Sections 1.01 Name of Agency, 1.02
Short Title, and 1.03 Policy B. Appendix A Definitions of Words and Phrases Formerly Section 1.03
Definitions C. Section 1.04 Applicability D. Sections 1.05 Roles and Responsibilities and 2.01 Authority and Investigation E. Section 1.06 Records F. Section 1.07 General Provisions G. Section 2.02 Authority To Collect Fees H. Section 2.03 Applicable State and Federal Regulations I. Section 2.04 Public Participation in Permitting J. Section 2.05 Appeals K. Sections 3.01 General Rules and 3.08
Specific Dust Controls L. Section 4.01 Registration Program M. Section 4.03 Voluntary Limits on Emissions N. Sections 5.01 General Information, 5.02 Additional or Alternative Enforcement Actions, and 5.03 Penalties III. Applicability of Chapter 173400 WAC
IV. The EPAs Proposed Action A. Regulations To Approve and Incorporate by Reference Into the SIP
B. Approved But Not Incorporated by Reference Regulations C. Regulations To Remove From the SIP
D. Scope of Proposed Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews
I. Background for Proposed Action On January 27, 2014, Ecology submitted revisions to update the General Regulations for Air Pollution Sources contained in Chapter 173400
WAC. The EPA approved these updates in three phases on October 3, 2014 79
FR 59653, November 7, 2014 79 FR

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66291, and April 29, 2015 80 FR
23721.1 Under the revised applicability provisions of WAC 173400020
approved into the SIP on October 3, 2014, the regulations contained in Chapter 173400 WAC apply statewide, . . . except for specific subsections where a local authority has adopted and implemented corresponding local rules that apply only to sources subject to local jurisdiction as provided under Revised Code of Washington RCW
70.94.141 and 70.94.331. 2 Therefore, the EPAs approval of Ecologys January 2014 submittal applied only to geographic areas and source categories under Ecologys direct jurisdiction. We stated that we would address the revised Chapter 173400 WAC
regulations as they apply to local clean air agency jurisdictions on a case-bycase basis in separate, future actions.
Subsequent local clean air agency actions related to Chapter 173400 WAC
include our approval of the 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.
On October 14, 2021, the Director of Ecology, as the Governors designee for SIP revisions, submitted a request to update the air quality regulations in the SIP as they apply to YRCAAs jurisdiction in 40 CFR 52.2470c, Table 10Additional Regulations Approved for the Yakima Regional Clean Air Agency YRCAA Jurisdiction. YRCAAs jurisdiction consists of Yakima County, excluding Indian reservation land or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. YRCAA also does not have jurisdiction over certain facilities discussed in section IV.D.
Scope of Proposed Action of this document. We note that YRCAA
regulatory revisions related to outdoor burning, agricultural burning, and wood heaters are outside the scope of this current action and addressed separately.
1 In subsequent actions on October 6, 2016 81 FR
69385 and February 24, 2020 85 FR 10302 we approved revisions to the WAC that incorporated by reference the most recent changes to the Federal regulations and other minor changes.
2 These statutory provisions were subsequently re-codified to RCW 70A.15.2040 and 70A.15.3000, with no substantive revisions to the statutory text.
For a more detailed discussion of applicability see page 39352 of the EPAs proposed approval of WAC
173400020 79 FR 39351, July 10, 2014.

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