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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules II. Proposed Revisions, YRCAA
Regulation 1

outside the scope of SIPs under CAA
section 110.

The EPA last approved updates to YRCAA Regulation 1 on February 2, 1998 63 FR 5269. Effective December 1, 2002, YRCAA repealed sections 2.04
Public Participation, 3.01 Emission Standards, 3.11 Monitoring, Recordkeeping, and Reporting, and 4.02
New Source Review to rely on the statewide provisions of Chapter 173
400 WAC. On October 8, 2020, YRCAA
adopted additional changes to align with the WAC and other clarifying changes. The Washington State Register listing the most recent changes to the YRCAA regulations is included in the docket for this action and will not be described in detail here. A brief summary of the major changes since our last SIP approval is provided below.

C. Section 1.04

A. Sections 1.01 Name of Agency, 1.02
Short Title, and 1.03 Policy These changes reflect the name change from Yakima County Clean Air Authority to Yakima Regional Clean Air Agency. YRCAA also renumbered and modified the policy section now section 1.03 since the last version approved into the SIP. With respect to section 1.03, we note that Ecology and YRCAA did not submit sub-section H
related to the State Environmental Policy Act SEPA. These SEPA
provisions are outside the scope of the SIPs approved under Clean Air Act CAA section 110. Lastly, we propose to approve YRCAA Regulation 1, section 1.03 Policy to replace WAC 173400
010 Policy and Purpose.

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B. Appendix A Definitions of Words and Phrases Formerly Section 1.03
Definitions As discussed above, in 2002, YRCAA
repealed sections 2.04 Public Participation, 3.01 Emission Standards, 3.11 Monitoring, Recordkeeping, and Reporting, and 4.02 New Source Review to rely on the statewide provisions of Chapter 173400 WAC. To avoid potential inconsistency with the WAC, YRCAA eliminated all definitions in the former section 1.03 Definitions that were duplicative with Chapter 173400
WAC and moved the remaining definitions to Appendix A. Similarly, on October 8, 2020, YRCAA eliminated all definitions in Appendix A that were duplicative with Chapters 173425, 173430, and 173433 WAC because the WAC definitions already apply statewide. The EPA is proposing to approve the revised Appendix A, with the exception of asbestos control program definitions, which YRCAA did not submit for approval because they are
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Applicability
This section defines YRCAAs jurisdiction over certain sources within Yakima County. It complements and is consistent with WAC 173400020
Applicability. A full discussion of applicability as it relates to the Energy Facility Site Evaluation Council EFSEC, Indian country, and sources directly regulated or permitted by Ecology is included in section IV.D.
Scope of Proposed Action of this document. The EPA is proposing to approve section 1.04, but it does not replace WAC 173400020 in YRCAAs jurisdiction because WAC 173400020
is broader in scope in that it contains the criteria for when a local standard applies in lieu of a provision of Chapter 173400 WAC.
D. Sections 1.05 Roles and Responsibilities and 2.01 Authority and Investigation These sections describe the roles, responsibilities, powers, and duties of the board of directors, the air pollution control officer, and any advisory councils appointed to advise and consult in development and implementation of the regulations. 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 1.05 and 2.01.
E. Section 1.06

Records
This section defines the policy for protecting records and making them available to the public. Many of these provisions were approved into the SIP
under the former section 2.04
Confidentiality. YRCAA subsequently consolidated all the record provisions into section 1.06 and repealed section 2.04. We are proposing to approve section 1.06 into the SIP and remove the repealed section 2.04 from the SIP. We are also proposing to approve section 1.06 to replace WAC 173400175
Public Information within YRCAAs jurisdiction.

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F. Section 1.07

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General Provisions
This section contains several general provisions, some of which were previously approved into the SIP under the former section 2.03 Miscellaneous Provisions. Of note are the two subsections 1.07B1 and 2. Subsection 1.07B1 states, No person shall make any false material statement, representation or certification in any form, notice or report required under Chapter 70A.15 RCW, or any ordinance, resolution, regulation, permit or order in force pursuant thereto. This YRCAA
provision, adapted to reflect local agency authority, replaces the nearly identical text contained in WAC 173
4001056. Subsection 1.07B2 states, No person shall render inaccurate any monitoring device or method required under Chapter 70A.15 RCW, or any ordinance, resolution, regulation, permit, or order in force pursuant thereto. This YRCAA provision replaces the nearly identical text contained in WAC 1734001058. The EPA is proposing to approve section 1.07 and to approve sub-sections B1
and 2 to replace WAC 1734001056
& 8. We are also proposing to remove the subsequently revoked section 2.03
from the SIP.
G. Section 2.02
Fees
Authority To Collect
Under section 110a2L of the CAA, the state, or local agencies acting in lieu of the state, must demonstrate the ability to collect adequate fees for permitting major sources. YRCAA
therefore submitted section 2.02
Authority to Collect Fees to demonstrate adequate fee authority to implement the major source nonattainment new source review program under WAC 173400
800 through 173400860, should the need arise in the future.3 Although the EPA reviews these submissions to confirm adequate authority, the EPA
generally does not include local or state agency fees as part of the Washington SIP incorporated by reference in 40 CFR
52.2470c. We are therefore proposing to approve section 2.02 as part of the approved but not incorporated by reference portion of the SIP under 40
CFR 52.2470e, and to remove from the SIP the previously approved fee provisions at sections 13.01, 13.02, and 13.03.
3 There are currently no designated nonattainment areas in the State of Washington to which WAC 173400800 through 173400860
would apply.

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