Rule2022-01178
Air Plan Approval; Washington; Update to the Yakima Regional Clean Air Agency Wood Heater and Burn Ban Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 24, 2022
Effective
February 23, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving revisions to the Yakima Regional Clean Air Agency (YRCAA) regulations designed to control particulate matter from residential wood heaters, such as woodstoves and fireplaces. The updated YRCAA regulations set fine particulate matter trigger levels for impaired air quality burn bans, consistent with statutory changes enacted by the Washington State Legislature. The submission also contains updates to improve the clarity of the language and align with the statewide solid fuel burning device regulations already applicable in YRCAA's jurisdiction. We are approving these changes because they meet the requirements of the Clean Air Act (CAA) and strengthen the Washington State Implementation Plan (SIP).
Full Text
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<title>Federal Register, Volume 87 Issue 15 (Monday, January 24, 2022)</title>
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[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Rules and Regulations]
[Pages 3435-3437]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01178]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2021-0750, FRL-9189-02-R10]
Air Plan Approval; Washington; Update to the Yakima Regional
Clean Air Agency Wood Heater and Burn Ban Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Yakima Regional Clean Air Agency (YRCAA) regulations
designed to control particulate matter from residential wood heaters,
such as woodstoves and fireplaces. The updated YRCAA regulations set
fine particulate matter trigger levels for impaired air quality burn
bans, consistent with statutory changes enacted by the Washington State
Legislature. The submission also contains updates to improve the
clarity of the language and align with the statewide solid fuel burning
device regulations already applicable in YRCAA's jurisdiction. We are
approving these changes because they meet the requirements of the Clean
Air Act (CAA) and strengthen the Washington State Implementation Plan
(SIP).
DATES: This final rule is effective February 23, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2021-0750. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or
<a href="/cdn-cgi/l/email-protection#670f120913490d0201012702170649000811"><span class="__cf_email__" data-cfemail="375f425943195d5251517752475619505841">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it means the EPA.
I. Background
On November 18, 2021, we proposed to approve and incorporate by
reference Regulation 1, sections 3.04 Wood Heaters and 3.05 Burn Bans,
adopted by YRCAA effective November 9, 2020 (86 FR 64438). 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
approval ended on December 20, 2021, and we received no comments.
Therefore, we are finalizing our action as proposed.
II. Final Action
The EPA is approving and incorporating by reference Regulation 1,
sections 3.04 Wood Heaters and 3.05 Burn Bans, adopted by YRCAA
effective November 9, 2020. We are also removing from the SIP the
outdated 1993 and 1995 Article IX provisions Woodstoves and Fireplaces,
which are replaced by sections 3.04 and 3.05.
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text in an EPA
final rule that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the regulations described in section II of this preamble.
The EPA has made, and will continue to make, these materials generally
available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
Therefore, these materials have been approved by the EPA for
inclusion in the SIP, have been incorporated by reference by the EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rule of the EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
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 action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely
[[Page 3436]]
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
<bullet> Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted below 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. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Consistent with EPA policy, the EPA provided an opportunity to request
consultation to the Confederated Tribes and Bands of the Yakama Nation
in a letter dated April 5, 2021.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 25, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 18, 2022.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
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2. In Sec. 52.2470, Table 10 in paragraph (c) is amended by:
0
a. Adding a second entry for ``3.04'' and the entry ``3.05'' in
numerical order under the heading ``Article III--Violations--Orders and
Hearings''; and
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b. Removing the heading ``Article IX--Woodstoves and Fireplaces'' and
the entries ``9.01'', ``9.02'', ``9.03'', ``9.04'', and ``9.05''.
The additions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
Table 10--Additional Regulations Approved for the Yakima Regional Clean Air Agency (YRCAA) Jurisdiction
[Applicable in Yakima County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC)
jurisdiction, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction, and facilities subject to the applicability sections of WAC 173-400-700, 173-405-012,
173-410-012, and 173-415-012]
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State/local
State/local citation Title/subject effective date EPA approval date Explanations
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Article III--Violations--Orders and Hearings
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* * * * * * *
3.04................... Wood Heaters.............. 11/9/20 1/24/22, [INSERT
Federal Register
CITATION].
3.05................... Burn Bans................. 11/9/20 1/24/22, [INSERT
Federal Register
CITATION].
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[[Page 3437]]
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[FR Doc. 2022-01178 Filed 1-21-22; 8:45 am]
BILLING CODE 6560-50-P
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