Rule2025-15992
Air Plan Approval; WA; Update to Materials Incorporated by Reference
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
August 21, 2025
Effective
August 21, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Washington State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by Washington and approved by the EPA. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.
Full Text
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<title>Federal Register, Volume 90 Issue 160 (Thursday, August 21, 2025)</title>
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[Federal Register Volume 90, Number 160 (Thursday, August 21, 2025)]
[Rules and Regulations]
[Pages 40738-40741]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15992]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2025-0320; FRL-12328-01-R10]
Air Plan Approval; WA; Update to Materials Incorporated by
Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Washington
State Implementation Plan (SIP). The regulations affected by this
update have been previously submitted by Washington and approved by the
EPA. This update affects the materials that are available for public
inspection at the National Archives and Records Administration (NARA)
and the EPA Regional Office.
DATES: This action is effective August 21, 2025.
ADDRESSES: The SIP materials for which incorporation by reference into
40 CFR part 52 is finalized through this action are available for
inspection at the following locations: Environmental Protection Agency,
Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA 98101; and
<a href="http://www.regulations.gov">www.regulations.gov</a>. To view the materials at the Region 10 Office, the
EPA requests that you email the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday 8:30 a.m.
to 4:30 p.m., excluding Federal holidays.
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#442c312a306a2e212222042134256a232b32"><span class="__cf_email__" data-cfemail="d2baa7bca6fcb8b7b4b492b7a2b3fcb5bda4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Each State has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
Each State must formally adopt the control measures and strategies
in the SIP after the public has had an
[[Page 40739]]
opportunity to comment on them and then submit the proposed SIP
revisions to the EPA. Once these control measures and strategies are
approved by EPA, and after notice and comment, they are incorporated
into the federally approved SIP and are identified in part 52,
``Approval and Promulgation of Implementation Plans,'' of Title 40 of
the Code of Federal Regulations (40 CFR part 52). The full text of the
State regulation approved by the EPA is not reproduced in its entirety
in 40 CFR part 52 but is ``incorporated by reference.'' This means that
the EPA has approved a given State regulation or specified changes to
the given regulation with a specific effective date. The public is
referred to the location of the full text version should they want to
know which measures are contained in a given SIP. The information
provided allows the EPA and the public to monitor the extent to which a
State implements a SIP to attain and maintain the NAAQS and to take
enforcement action for violations of the SIP.
The SIP is a living document which the State can revise as
necessary to address the unique air pollution problems in the State.
Therefore, the EPA from time to time must take action on proposed
revisions containing new or revised State regulations. A submission
from a State can revise one or more rules in their entirety, or
portions of rules. The State indicates the changes in the submission
(such as by using redline/strikethrough text) and the EPA then takes
action on the requested changes. The EPA establishes a docket for its
actions using a unique Docket Identification Number, which is listed in
each action. These dockets and the complete submission are available
for viewing on <a href="http://www.regulations.gov">www.regulations.gov</a>.
On May 22, 1997 (62 FR 27968), the EPA revised the procedures for
incorporating by reference, into the Code of Federal Regulations,
materials approved by the EPA into each SIP. These changes revised the
format for the identification of the SIP in 40 CFR part 52, streamlined
the mechanisms for announcing the EPA approval of revisions to a SIP,
and streamlined the mechanisms for the EPA's updating of the IBR
information contained for each SIP in 40 CFR part 52. The revised
procedures also called for the EPA to maintain ``SIP Compilations''
that contain the federally approved regulations and source-specific
permits submitted by each State agency.
The EPA generally updates these SIP Compilations every few years.
Under the revised procedures, the EPA must periodically publish an
informational document in the rules section of the Federal Register
notifying the public that updates have been made to a SIP Compilation
for a particular state. The EPA began applying the 1997 revised
procedures to the Washington SIP on March 20, 2013 ((78 FR 17108). The
EPA subsequently published updates to the IBR materials for Washington
on December 8, 2014 (79 FR 72548), April 12, 2016 (70 FR 21470),
February 8, 2019 (84 FR 2738), August 3, 2021 (86 FR 41716), and August
19, 2024 (89 FR 67158).
A. Approved and Incorporated by Reference Regulatory Materials
Since the last IBR update, the EPA approved and incorporated by
reference the following regulatory materials into the Washington SIP:
Table 3--Additional Regulations Approved for the Energy Facilities Site
Evaluation Council (EFSEC) Jurisdiction
<bullet> Washington Administrative Code, Chapter 463-78, General
and Operating Permit Regulations for Air Pollution Sources, section 78-
005 (Adoption by Reference). For more information, see 89 FR 105456
(December 27, 2024).
<bullet> Washington Administrative Code, Chapter 173-400, General
Regulations for Air Pollution Sources, sections 173-400-030
(Definitions), 173-400-081 (Startup and Shutdown), 173-400-082
(Alternative Emissions Limit That Exceeds an Emission Standard in the
SIP), 173-400-136 (Use of Emission Reduction Credits (ERC)), and 173-
400-171 (Public Notice and Opportunity for Public Comment). For more
information, see 89 FR 105456 (December 27, 2024).
Table 6--Additional Regulations Approved for the Olympic Region Clean
Air Agency (ORCAA) Jurisdiction
<bullet> Olympic Region Clean Air Agency Regulations, Rule 6.2
Outdoor Burning, section 6.2.7 (Recreational Burning). For more
information, see 90 FR 5693 (January 17, 2025).
Table 8--Additional Regulations Approved for the Southwest Clean Air
Agency (SRCAA) Jurisdiction
<bullet> Southwest Clean Air Agency Regulations, General
Regulations for Air Pollution Sources, sections 400-040 (General
Standards for Maximum Emissions), 400-070 (General Requirements for
Certain Source Categories), 400-081 (Startup and Shutdown), and 400-107
(Excess Emissions). For more information, see 90 FR 19650 (May 9,
2025).
Table 9--Additional Regulations Approved for the Spokane Regional Clean
Air Agency (SRCAA) Jurisdiction
<bullet> Spokane Regional Clean Air Agency Regulation I, sections
1.01 (Policy), 1.04 (General Definitions), 2.08 (Falsification of
Statements or Documents, and Treatment of Documents), 2.13 (Federal and
State Regulation Reference Date), 4.04 (Stationary Sources and Source
Categories Subject to Registration), 5.02 (New Source Review--
Applicability and when Required), 5.04 (Information Required), 5.05
(Public Involvement), 5.07 (Processing NOC Applications for Stationary
Sources), 5.08 (Portable Sources), 5.10 (Changes to an Order of
Approval or Permission to Operate), 5.13 (Order of Approval
Construction Time Limits), 6.04 (Emission of Air Contaminant: Detriment
to Person or Property), 8.01 (Purpose), 8.02 (Applicability), 8.03
(Definitions), 8.04 (Emission Performance Standards), 8.05 (Opacity
Standards), 8.06 (Prohibited Fuel Types), 8.07 (Curtailment), 8.08
(Exemptions), 8.09 (Procedure to Geographically Limit Solid Fuel
Burning Devices), and 8.10 (Restrictions on Installation of Solid Fuel
Burning Devices). For more information, see 90 FR 15930 (April 16,
2025).
B. Regulatory Materials Removed From Incorporation by Reference in the
SIP
Table 3--Additional Regulations Approved for the Energy Facilities Site
Evaluation Council (EFSEC) Jurisdiction
<bullet> Washington Administrative Code, Chapter 173-400, General
Regulations for Air Pollution Sources, sections 173-400-070 (Emission
Standards for Certain Source Categories) and 173-400-107 (Excess
Emissions). For more information, see 89 FR 105456 (December 27, 2024).
II. EPA Action
In this action, the EPA is providing notification of an update to
the materials incorporated by reference into the Washington SIP as of
June 1, 2025, and identified in 40 CFR 52.2470(c) and (d). This update
includes SIP materials submitted by Washington and approved by the EPA
since the last IBR update. See 89 FR 67158 (August 19, 2024).
III. Good Cause Exemption
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation and section 553(d)(3)
which allows an agency to make an action effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). This administrative action simply codifies provisions which
are already in effect as a matter of law in Federal and approved state
programs,
[[Page 40740]]
makes corrections and clarifying changes to the tables in the CFR, and
makes ministerial changes to the prefatory heading to the tables in the
CFR. Under section 553 of the APA, an agency may find good cause where
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Public comment for this administrative action is
``unnecessary'' and ``contrary to the public interest'' since the
codification (and corrections) only reflect existing law. Immediate
notice of this action in the Federal Register benefits the public by
providing the public notification of the updated Washington SIP
Compilation and notification of corrections to the Washington
``Identification of Plan'' portion of the CFR. Further, pursuant to
section 553(d)(3), making this action immediately effective benefits
the public by immediately updating both the SIP Compilation and the CFR
``Identification of plan'' section (which includes table entry
corrections).
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, The EPA is finalizing the incorporation by reference of
regulations promulgated by Washington and local clean air agencies
located in Washington, previously approved by the EPA and Federally
effective before June 1, 2025, contained in 40 CFR 52.2470(c), EPA-
approved regulations described in section I of this preamble. The EPA
has made, and will continue to make, these materials generally
available through <a href="http://www.regulations.gov">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).
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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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.
In addition, this action 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 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).
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).
The EPA also believes that the provisions of section 307(b)(1) of
the Clean Air Act pertaining to petitions for judicial review are not
applicable to this action. This is because prior EPA rulemaking actions
for each individual component of the Washington SIP Compilation
previously afforded interested parties the opportunity to file a
petition for judicial review in the United States Court of Appeals for
the appropriate circuit within 60 days of such rulemaking action. Thus,
the EPA believes judicial review of this action under section 307(b)(1)
is not available.
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: August 8, 2025.
Emma Pokon,
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
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. Amend Sec. 52.2470 by revising paragraph (b) to read as follows:
Sec. 52.2470 Identification of plan.
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(b) Incorporation by reference.
(1) Material listed in paragraphs (c) and (d) of this section with
an EPA approval date prior to June 1, 2025, was approved for
incorporation by reference by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists on the date of the approval and notification
of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates after June 1, 2025, will be incorporated by reference in
the next update to the SIP compilation.
(2) EPA Region 10 certifies that the rules/regulations provided by
the EPA in the SIP compilation at the addresses in paragraph (b)(3) of
this section are an exact duplicate of the officially promulgated State
rules/regulations
[[Page 40741]]
which have been approved as part of the State Implementation Plan as of
the dates referenced in paragraph (b)(1).
(3) Copies of the materials incorporated by reference may be
inspected at the Region 10 EPA Office at 1200 Sixth Avenue, Suite 155,
Seattle, WA 98101. To obtain the material, please call (206) 553-0256.
You may inspect the material with an EPA approval date prior to June 1,
2025, for Washington at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA email <a href="/cdn-cgi/l/email-protection#dabcbfbea8bfbdf4b6bfbdbbb69ab4bba8bbf4bdb5ac"><span class="__cf_email__" data-cfemail="dbbdbebfa9bebcf5b7bebcbab79bb5baa9baf5bcb4ad">[email protected]</span></a> or go to <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
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[FR Doc. 2025-15992 Filed 8-20-25; 8:45 am]
BILLING CODE 6560-50-P
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