[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Rules and Regulations]
[Pages 26628-26631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10581]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0707; FRL-9910-54-Region 10]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving a State Implementation Plan (SIP) 
revision submitted by the Washington State Department of Ecology 
(Ecology) 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.

DATES: Effective Date: This final rule is effective June 9, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2013-0707. All documents in the docket are 
listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (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 form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Programs Unit, Office of Air Waste and Toxics, EPA 
Region 10, 1200 Sixth Avenue, Seattle, WA, 98101. The EPA requests that 
if at all possible, you contact the individual listed in the FOR 
FURTHER INFORMATION CONTACT section to

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view the hard copy of the docket. You may view the hard copy of the 
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal 
holidays.

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

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. Background Information
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review

I. Background Information

    An explanation of the Clean Air Act requirements and implementing 
regulations that are met by this SIP submittal, a detailed explanation 
of the revisions, and the EPA's reasons for approving it were provided 
in the notice of proposed rulemaking published on March 4, 2014, and 
will not be restated here (79 FR 12136). On March 25, 2014, the EPA 
received one comment via the www.regulations.gov Web site.

II. Response to Comments

    Comment: ``Wood stoves are now designed to re-burn the smoke and 
get 98 percent of particle matter out of the air. By more complete and 
efficient burning, the heat derived from wood is maximized and the 
particle matter is minimized. In a metro city, an inefficient stove or 
fireplace will cause neighbors to get upset at the smoke from using 
such a unit. If a smoke reburning unit is used, the smoke is 
considerably less and with less particles there is less irritation and 
problems for neighbors. I suggest that any reburning stove or fireplace 
be exempted from any such rules.''
    Response: Under section 110 of the Clean Air Act states are 
responsible for developing regulations and control measures to address 
air pollution for incorporation into the SIP. The EPA's role is to 
evaluate these state choices to determine if the revisions meet the 
requirements of the Clean Air Act. To the extent that the commenter 
wants to influence these state choices, the comments are best submitted 
during the state public comment period rather than as part of the EPA's 
approval or disapproval process. The EPA has determined that 
Washington's January 30, 2014 submittal meets all Clean Air Act 
requirements for approval. The EPA provided a copy of the comment to 
Ecology for consideration during future state rulemaking, but is 
otherwise taking no further action on the comment.

III. Final Action

    The EPA is approving Washington's SIP revision submitted on January 
30, 2014. Specifically, the EPA is approving and incorporating by 
reference into the SIP the rules shown in the Table below. We have made 
the determination that this action is consistent with section 110 of 
the Clean Air Act.

                                                 Approved 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 Standards        02/23/14        01/30/14
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 Operation         02/23/14        01/30/14
                                                   of Solid Fuel Burning Devices.
Ecology.........................     173-433-155  Criteria for Prohibiting the          02/23/14        01/30/14
                                                   Use of Solid Fuel Burning
                                                   Devices that Are Not
                                                   Certified.
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IV. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the 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:
     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.);
     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 the 
rule neither imposes substantial direct compliance costs on tribal 
governments, nor preempts tribal law. Therefore, the requirements of 
section 5(b) and 5(c) of the Executive Order do not apply to this rule. 
Consistent with EPA policy, the EPA nonetheless provided a consultation 
opportunity to the Puyallup Tribe in a letter dated September 3, 2013, 
and to all other

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tribes located in Washington State in letters dated December 24, 2013. 
The EPA did not receive a request for consultation.
    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. 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 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 July 8, 2014. 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, Particulate 
matter, Incorporation by reference, and Reporting and recordkeeping 
requirements.

    Dated: April 15, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. Section 52.2470 is amended in paragraph (c) Table 1--Washington 
Department of Ecology Regulations by:
0
a. Revising the heading ``Washington Administrative Code, Chapter 173-
433--Solid Fuel Burning Device Standards'' to read ``Washington 
Administrative Code, Chapter 173-433--Solid Fuel Burning Devices'';
0
b. Revising entries 173-433-010 through 173-433-120;
0
c. Revising entries 173-433-140 and 173-433-150;
0
d. Adding in numerical order entry 173-433-155.
    The revisions and additions read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

                              Table 1--Washington Department of Ecology Regulations
----------------------------------------------------------------------------------------------------------------
                                                              State
        State citation               Title/subject       effective date     EPA approval date      Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                   Washington Administrative Code, Chapter 173-433--Solid Fuel Burning Devices
----------------------------------------------------------------------------------------------------------------
173-433-010..................  Purpose.................        02/23/14  05/09/14 [Insert page    ..............
                                                                          number where the
                                                                          document begins].
173-433-020..................  Applicability...........        02/23/14  05/09/14 [Insert page    ..............
                                                                          number where the
                                                                          document begins].
173-433-030..................  Definitions.............        02/23/14  05/09/14 [Insert page    ..............
                                                                          number where the
                                                                          document begins].
173-433-100..................  Emission Performance            02/23/14  05/09/14 [Insert page    ..............
                                Standards.                                number where the
                                                                          document begins].
173-433-110..................  Opacity Standards.......        02/23/14  05/09/14 [Insert page    ..............
                                                                          number where the
                                                                          document begins].
173-433-120..................  Prohibited Fuel Types...        02/23/14  05/09/14 [Insert page    ..............
                                                                          number where the
                                                                          document begins].
 
                                                  * * * * * * *
173-433-140..................  Criteria for Impaired           02/23/14  05/09/14 [Insert page    ..............
                                Air Quality Burn Bans.                    number where the
                                                                          document begins].
173-433-150..................  Restrictions on the             02/23/14  05/09/14 [Insert page    ..............
                                Operation of Solid Fuel                   number where the
                                Burning Devices.                          document begins].
173-433-155..................  Criteria for Prohibiting        02/23/14  05/09/14 [Insert page    ..............
                                the Use of Solid Fuel                     number where the
                                Burning Devices that                      document begins].
                                Are Not Certified.
 
                                                  * * * * * * *
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[FR Doc. 2014-10581 Filed 5-8-14; 8:45 am]
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