[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Proposed Rules]
[Pages 12136-12138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04783]



[[Page 12136]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0707; FRL-9907-45-Region 10]


Revision to the Washington State Implementation Plan; Update to 
the Solid Fuel Burning Devices Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
Washington State Department of Ecology (Ecology) received on January 
30, 2014. The SIP submission contains revisions to Washington's solid 
fuel burning device rules to control fine particulate matter 
(PM2.5) from residential wood combustion. The updated 
regulations reflect Washington State statutory changes made in 2012, 
setting revised PM2.5 trigger levels for impaired air 
quality burn bans and setting criteria for prohibiting solid fuel 
burning devices that are not certified. The submission also contains 
updates to the regulations to improve the clarity of the language. We 
are proposing to approve these changes because they meet the 
requirements of the Clean Air Act and strengthen the Washington SIP.

DATES: Written comments must be received on or before April 3, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2013-0707, by any of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and 
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle WA, 98101
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle WA, 98101. Attention: Jeff Hunt, Office of Air, 
Waste and Toxics, AWT--107. Such deliveries are only accepted during 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2013-0707. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to the EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI 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. Publicly available 
docket materials are available either electronically in 
www.regulations.gov or in hard copy during normal business hours at the 
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, 
Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, 
[email protected], or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA.
    The following outline is provided to aid in locating information in 
this preamble:

Table of Contents

I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997, the EPA promulgated the 1997 PM2.5 
National Ambient Air Quality Standards (NAAQS), including an annual 
standard of 15.0 micrograms per cubic meter ([mu]g/m\3\) based on a 
three-year average of annual mean PM2.5 concentrations, and 
a 24-hour (or daily) standard of 65 [mu]g/m\3\ based on a three-year 
average of the 98th percentile of 24-hour concentrations (62 FR 38652). 
The EPA established the standards based on significant evidence and 
numerous health studies demonstrating that serious health effects are 
associated with exposures to PM2.5. On October 17, 2006, the 
EPA revised the PM2.5 24-hour standard from 65 [mu]g/m\3\ to 
35 [mu]g/m\3\ based on additional evidence and health studies (71 FR 
61144).
    Following promulgation of a new or revised NAAQS, the EPA is 
required by the Clean Air Act (CAA) to designate areas throughout the 
United States as attaining or not attaining the NAAQS; this designation 
process is described in section 107(d)(1) of the CAA. Effective 
December 14, 2009, the EPA designated Tacoma-Pierce County, Washington 
(partial county designation) as a nonattainment area for the 2006 24-
hour PM2.5 standard (74 FR 58688; published on November 13, 
2009). Under the CAA, a state is required to submit a revision to its 
SIP to meet nonattainment requirements within three years of the 
effective date of designation.
    In 2012, the Washington State Legislature revised Chapter 70.94 
Revised Code of Washington (RCW) Washington Clean Air Act (Washington 
Clean Air Act) to address the Tacoma-Pierce County PM2.5 
nonattainment area (Tacoma-Pierce County area) and other areas at risk 
for nonattainment statewide. On November 28, 2012, Ecology, in close 
coordination with the Puget Sound Clean Air Agency (PSCAA), submitted 
Regulation 1--Article 13: Solid Fuel Burning Device Standards, adopted 
by the PSCAA Board on October 25, 2012. These local air agency 
regulations, covering the Tacoma-Pierce County area, incorporated the 
PM2.5 related statutory changes to Chapter 70.94 RCW. On May 
29, 2013, the EPA approved the PSCAA regulations into the Washington 
SIP and approved Ecology's ``2008 Baseline Emissions Inventory and 
Documentation'' satisfying the attainment planning requirements due at 
the time for the Tacoma-Pierce County area (78 FR 32131).
    On January 30, 2014, Ecology submitted to the EPA a SIP revision 
updating Chapter 173-433 of the

[[Page 12137]]

Washington Administrative Code (WAC) Solid Fuel Burning Devices for 
purposes of aligning the regulations with the statutory changes made in 
2012 by the Washington State Legislature, and supporting the local 
PSCAA regulations approved on May 29, 2013 by the EPA (78 FR 32131). 
The SIP revision also helps provide the necessary regulatory framework 
to support an anticipated maintenance plan and redesignation request 
for the Tacoma-Pierce County area in the future.

II. Summary of SIP Revision

    In the January 30, 2014 submission, Ecology revised the regulations 
contained in Chapter 173-433 WAC Solid Fuel Burning Devices to reflect 
two significant changes to the Washington Clean Air Act. Ecology 
revised Chapter 173-433-140 WAC Criteria for Impaired Air Quality Burn 
Bans to remove outdated course particulate matter (PM10) 
burn ban trigger levels and replace them with more stringent 
PM2.5 trigger levels to make it consistent with Chapter 
70.94.473 of the Washington Clean Air Act. Ecology provided an analysis 
covering former PM10 nonattainment areas in both Western and 
Eastern Washington to demonstrate that the PM2.5 trigger 
levels are more stringent and will provide continued maintenance of the 
PM10 NAAQS, established on July 1, 1987 (52 FR 24663). 
Ecology also removed an outdated carbon monoxide trigger level for 
residential wood combustion curtailment. The EPA agrees with Ecology's 
analysis that historic violations of the 1985 carbon monoxide NAAQS 
centered on areas of high traffic congestion and have little connection 
with dispersed residential woodstove emissions. The EPA's past approval 
of maintenance plans for carbon monoxide areas located in Washington 
applied specifically to transportation control measures, so this 
revision will have no impact on control measures relied upon for 
attainment and maintenance of the 1985 carbon monoxide NAAQS in these 
areas of Washington. These transportation control measures combined 
with continuing fleet turnover with cleaner new cars and trucks have 
brought carbon monoxide levels to historic lows. Ecology cites 
monitoring data from the Spokane carbon monoxide maintenance area where 
carbon monoxide levels are roughly one-fifth of the federal limit, with 
little to no potential for future violations.
    In the January 30, 2014 submission, Ecology also added a new 
section, Chapter 173-433-155 WAC Criteria for Prohibiting Solid Fuel 
Burning Devices that Are Not Certified to incorporate changes to 
Chapter 70.94.477 of the Washington Clean Air Act. This provision 
allows Ecology or a local air agency to prohibit the use of uncertified 
solid fuel burning devices in a fine particulate matter nonattainment 
or maintenance area, even in the absence of an air quality episode or 
impaired air quality burn ban. The new Chapter 173-433-155 WAC is 
consistent with and supports the local PSCAA corollary contained in 
Regulation 1, Section 13.07 Prohibitions on Wood Stoves That Are Not 
Certified Wood Stoves, already approved into the Washington SIP. This 
Washington regulation and the local PSCAA corollary will be a key 
component in Ecology's future maintenance plan demonstration showing 
that the current low levels of PM2.5 for the Tacoma-Pierce 
County area can be sustained over time. Lastly, Ecology updated other 
sections of Chapter 173-433 WAC to improve clarity and ensure that 
consistent terminology is used throughout all the sections.

III. Proposed Action

    The EPA is proposing to approve Washington's SIP revision received 
January 30, 2014. Specifically, the EPA is proposing to approve and 
incorporate by reference into the SIP the rules shown in Table 1 below. 
In addition, Ecology submitted Chapter 173-433-200 WAC Regulatory 
Actions and Penalties to demonstrate adequate enforcement authority to 
implement the program. Regulations describing agency enforcement 
authority are not generally incorporated into the SIP to avoid 
potential conflict with the EPA's independent authorities. Therefore, 
the EPA has reviewed and is proposing approval of Chapter 173-433-200 
WAC as having adequate enforcement authority, but will not incorporate 
this section by reference into the SIP codified in 40 CFR 52.2470(c). 
We have made the determination that this action is consistent with 
section 110 of the CAA. The EPA is soliciting public comments which 
will be considered before taking final action.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                        Citation                                       State
               Agency                     (WAC)                 Title             effective date     Submitted
----------------------------------------------------------------------------------------------------------------
Ecology............................     173-433-010  Purpose....................        02/23/14        01/30/14
Ecology............................     173-433-020  Applicability..............        02/23/14        01/30/14
Ecology............................     173-433-030  Definitions................        02/23/14        01/30/14
Ecology............................     173-433-100  Emission Performance               02/23/14        01/30/14
                                                      Standards.
Ecology............................     173-433-110  Opacity Standards..........        02/23/14        01/30/14
Ecology............................     173-433-120  Prohibited Fuel Types......        02/23/14        01/30/14
Ecology............................     173-433-140  Criteria for Impaired Air          02/23/14        01/30/14
                                                      Quality Burn Bans.
Ecology............................     173-433-150  Restrictions on the                02/23/14        01/30/14
                                                      Operation of Solid Fuel
                                                      Burning Devices.
Ecology............................     173-433-155  Criteria for Prohibiting           02/23/14        01/30/14
                                                      the Use of Solid Fuel
                                                      Burning Devices that Are
                                                      Not Certified.
----------------------------------------------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    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 proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     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);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 12138]]

     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.);
     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);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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 this action does not involve technical standards; and
     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).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it will not impose substantial direct costs on tribal 
governments or preempt tribal law. The SIP is not approved to apply in 
Indian country located in the State of Washington, except for non-trust 
land within the exterior boundaries of the Puyallup Indian Reservation, 
also known as the 1873 Survey Area. Under the Puyallup Tribe of Indians 
Settlement Act of 1989, 25 U.S.C. 1773, Congress explicitly provided 
state and local agencies in Washington authority over activities on 
non-trust lands within the 1873 Survey Area and the EPA is therefore 
approving this SIP on such lands. Consistent with EPA policy, the EPA 
nonetheless provided a consultation opportunity to the Puyallup Tribe 
in a letter dated September 3, 2013. The EPA did not receive a request 
for consultation.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, and Particulate 
matter.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: February 25, 2014.
Dennis J. McLerran,
Regional Adminstrator, Region 10.
[FR Doc. 2014-04783 Filed 3-3-14; 8:45 am]
BILLING CODE 6560-50-P