Rule2025-00559
Air Plan Approval; Washington; Olympic Region Clean Air Agency, Recreational Fires
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 17, 2025
Effective
February 18, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the Washington State Implementation Plan (SIP) that was submitted by the Department of Ecology (Ecology) in coordination with the Olympic Region Clean Air Agency (ORCAA). In 2013, Ecology and ORCAA inadvertently submitted for incorporation into the SIP a ban on small, recreational fires in Thurston County. These fires are defined as having a maximum pile size of three feet in diameter by two feet high using seasoned firewood or charcoal, generally associated with backyard, summer campfires. Ecology and ORCAA provided a review of the historical record to demonstrate that the ban on recreational fires was not relied upon for attainment, maintenance, or reasonable further progress in the Thurston County area. Ecology and ORCAA also provided data to demonstrate that removing the ban on recreational fires would not interfere with maintenance of the national ambient air quality standards. Therefore, we are approving the request by Ecology and ORCAA to remove this provision from the SIP.
Full Text
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<title>Federal Register, Volume 90 Issue 11 (Friday, January 17, 2025)</title>
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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Pages 5693-5695]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00559]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2024-0430, FRL-12243-02-R10]
Air Plan Approval; Washington; Olympic Region Clean Air Agency,
Recreational Fires
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Washington State Implementation Plan (SIP) that was
submitted by the Department of Ecology (Ecology) in coordination with
the Olympic Region Clean Air Agency (ORCAA). In 2013, Ecology and ORCAA
inadvertently submitted for incorporation into the SIP a ban on small,
recreational fires in Thurston County. These fires are defined as
having a maximum pile size of three feet in diameter by two feet high
using seasoned firewood or charcoal, generally associated with
backyard, summer campfires. Ecology and ORCAA provided a review of the
historical record to demonstrate that the ban on recreational fires was
not relied upon for attainment, maintenance, or reasonable further
progress in the Thurston County area. Ecology and ORCAA also provided
data to demonstrate that removing the ban on recreational fires would
not interfere with maintenance of the national ambient air quality
standards. Therefore, we are approving the request by Ecology and ORCAA
to remove this provision from the SIP.
DATES: This final rule is effective February 18, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2024-0430. 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#6a021f041e44000f0c0c2a0f1a0b440d051c"><span class="__cf_email__" data-cfemail="d3bba6bda7fdb9b6b5b593b6a3b2fdb4bca5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'' or
``our'' is used, it means the EPA.
I. Background
On October 24, 2024, the EPA proposed to approve revisions to the
Washington SIP to remove a ban on small, recreational fires in Thurston
County (89 FR 84842). The reasons for our proposed action are included
in the proposal and will not be restated here. The public comment
period closed on November 25, 2024. We received two comments from
members of the public. The full text of the comments may be found in
the docket for this action. We have summarized the comments in the
following section II. of this preamble.
II. Comments
The first commenter conveyed overall support for our proposed
action. The EPA acknowledges the commenter's support.
The second commenter expressed concern about air emissions from
cannabis plants and stated there is a need to study volatile organic
compound (VOC) emissions from the plants and how such emissions may
contribute to ozone formation. This comment is outside the scope of
this action. The revisions to Washington's SIP do not relate to
cannabis production in general or VOC emissions from cannabis
production in particular. Rather, the revisions to Washington's SIP
remove a ban on small, recreational fires using seasoned firewood or
charcoal. In addition, the commenter did not indicate that EPA approval
of the SIP submissions is inconsistent with the Clean Air Act.
Therefore, for the reasons stated in this preamble and our proposed
action on October 24, 2024, we are finalizing our action as proposed
(89 FR 84842).
III. Final Action
The EPA is approving ORCAA regulation 6.2.7, State effective March
6, 2023, and incorporating it by reference into the Washington SIP at
40 CFR 52.2470(c)--Table 6--Additional Regulations Approved for the
Olympic Region Clean Air Agency (ORCAA) Jurisdiction. This action
repeals a ban on recreational fires within the city limits of Lacey,
Olympia, and Tumwater, and unincorporated areas of Thurston County
lying within or between the municipal boundaries of these cities. Based
on the demonstration provided by Ecology and ORCAA, we determined that
the revision will not interfere with maintenance of the national
ambient air quality standards or other applicable requirements of the
Clean Air Act.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, we are finalizing the incorporation by reference of ORCAA
regulation 6.2.7, State effective March 6, 2023, as described in
section III of this preamble and set forth in the amendments to 40 CFR
part 52 in this document. 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).
[[Page 5694]]
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
Clean Air Act as of the effective date of the final rule of the EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. 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. 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 Clean Air Act.
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 14094 (88 FR 21879, April 11, 2023);
<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 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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements Executive Order 12898 and defines EJ as, among other
things, the just treatment and meaningful involvement of all people,
regardless of income, race, color, national origin, or Tribal
affiliation, or disability in agency decision-making and other Federal
activities that affect human health and the environment.
The air agency did not evaluate environmental justice
considerations as part of its SIP submission; the Clean Air Act and
applicable implementing regulations neither prohibit nor require such
an evaluation. The EPA did not perform an EJ analysis and did not
consider EJ in this action. Due to the nature of this action, it is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of Executive Order 12898/14096 of achieving environmental
justice for communities with EJ concerns.
In addition, the SIP is not approved to apply on any Indian
reservation land or 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 it 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 18, 2025. 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 7, 2025.
Daniel Opalski,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
0
2. In Sec. 52.2470, amend paragraph (c), table 6 by revising the entry
``6.2.7'' to read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
[[Page 5695]]
Table 6--Additional Regulations Approved for the Olympic Region Clean Air Agency (ORCAA) Jurisdiction
[Applicable in Clallam, Grays Harbor, Jefferson, Mason, Pacific, and Thurston counties, excluding facilities
subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction; facilities subject to the Washington
Department of Ecology's direct jurisdiction under Chapters 173-405, 173-410, and 173-415 Washington
Administrative Code (WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities
subject to the applicability sections of WAC 173-400-700.]
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State/local
State/local citation Title/subject effective date EPA approval date Explanations
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Olympic Region Clean Air Agency Regulations
Rule 6.2 Outdoor Burning
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* * * * * * *
6.2.7.......................... Recreational 3/6/23 1/17/2025, ......................
Burning. [INSERT FIRST
PAGE OF Federal
Register
CITATION].
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[FR Doc. 2025-00559 Filed 1-16-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 17, 2025.
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