[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Proposed Rules]
[Pages 64438-64440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25042]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2021-0750, FRL-9189-01-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: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve submitted 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 proposing to approve these changes
because they meet the requirements of the Clean Air Act and strengthen
the Washington SIP.
DATES: Comments must be received on or before December 20, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2021-0750 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
[[Page 64439]]
Table of Contents
I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On July 1, 1987, the EPA published revised National Ambient Air
Quality Standards (NAAQS) for particulate matter focused on inhalable
coarse particles (PM10) that are 10 micrometers in diameter
or smaller (52 FR 24634). The PM10 standard most relevant to
Washington was the 24-hour PM10 NAAQS.\1\ The EPA set the
24-hour PM10 NAAQS at 150 micrograms per cubic meter ([mu]g/
m\3\), not to be exceeded more than once per year on average over a
three-year period. On August 7, 1987, the EPA identified the Yakima
area as a PM10 ``Group I'' area of concern, i.e., an area
with a 95% or greater likelihood of violating the PM10 NAAQS
(52 FR 29383). The U.S. Congress subsequently designated the Yakima
area as a moderate PM10 nonattainment area upon enactment of
the Clean Air Act Amendments of 1990 (November 15, 1990).\2\ On March
24, 1989, the Washington Department of Ecology (Ecology) submitted a
plan for attaining the 24-hour PM10 NAAQS, amended with
additional submissions between 1992 and 1995. The EPA approved the plan
on February 2, 1998 (63 FR 5269). One element of the approved
PM10 attainment plan was the residential wood smoke
curtailment program codified in local regulation at YRCAA, Article IX,
Woodstove and Fireplaces. On February 8, 2005, the EPA redesignated the
Yakima area to attainment for PM10 based on the existing set
of control measures contained in the attainment plan (70 FR 6591).\3\
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\1\ No areas in Washington violated the annual PM10
NAAQS, which the EPA subsequently revoked on October 17, 2006 (71 FR
61144).
\2\ See 40 CFR 81.348 for legal description and current
designation.
\3\ Ibid.
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On July 18, 1997, the EPA published a revision to the particulate
matter standards to establish the fine particulate matter
(PM2.5) NAAQS for particles that are 2.5 micrometers in
diameter or smaller, based on significant evidence and numerous health
studies demonstrating that serious health effects are associated with
exposures to PM2.5 (62 FR 38652). The EPA's revised 1997
particulate matter standards included a 24-hour NAAQS of 65 [mu]g/m\3\
for PM2.5, based on a three-year average of the 98th
percentile of 24-hour concentrations. On October 17, 2006, the EPA
published a revision to the PM2.5 24-hour NAAQS, lowering
the level from 65 [mu]g/m\3\ to 35 [mu]g/m\3\, based on additional
evidence and health studies (71 FR 61144).
On February 2, 1998, the EPA approved Article IX, Woodstoves and
Fireplaces, adopted by YRCAA in 1993 and 1995 (63 FR 5269). This set of
adopted regulations predated the EPA's promulgation of the 1997 and
2006 PM2.5 NAAQS and focused on the 1987 PM10
NAAQS for residential woodstove curtailment. In a series of amendments
beginning in 2005, the Washington State Legislature revised the
underlying statutory authority contained in Chapter 70.94 \4\ Revised
Code of Washington (RCW) (Washington Clean Air Act) regarding
residential wood smoke curtailment programs to focus on the more recent
24-hour PM2.5 NAAQS. In a SIP revision approved by the EPA
on May 9, 2014, Ecology provided an analysis covering former
PM10 nonattainment areas in both Western and Eastern
Washington, including the Yakima area, to demonstrate that wood smoke
curtailment programs focused on the more recent 24-hour
PM2.5 NAAQS will provide continued maintenance of the 24-
hour PM10 NAAQS (79 FR 26628). The EPA agreed with Ecology's
analysis and approved revisions to the statewide regulations contained
in Chapter 173-433 Washington Administrative Code (WAC) Solid Fuel
Burning Devices (May 9, 2014, 79 FR 26628). These revisions removed the
PM10 burn ban trigger levels and replaced them with
PM2.5 trigger levels, consistent with the changes to RCW
70.94.473 \5\ of the Washington Clean Air Act.\6\
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\4\ This statute was re-codified on June 11, 2020, to Chapter
70A.15 RCW. There were no substantive changes to the statutory text
except updated cross references.
\5\ Re-codified to RCW 70A.15.3580 with no substantive changes
to the statutory text.
\6\ YRCAA continues to operate a PM10 monitor, in
addition to the collocated PM2.5 monitor, to verify
compliance with both the PM10 and PM2.5 NAAQS
(Yakima-4th Ave S, monitor ID #530770009). Ecology's 2014 analysis,
based on these collocated monitors, determined that PM2.5
concentrations would need to reach 62 [mu]g/m\3\ before triggering
the former PM10 level for a stage 1 impaired air quality
burn ban. Therefore, the current trigger level established under
Chapter 70A.15.3580 of the Washington Clean Air Act (forecasted to
reach or exceed PM2.5 concentrations of 30 [mu]g/m\3\) is
the controlling standard. Similarly, PM2.5 concentrations
would need to reach 76 [mu]g/m\3\ to exceed the former
PM10 trigger level for a stage 2 impaired air quality
burn ban. See 79 FR 26628 (May 9, 2014).
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II. Summary of SIP Revision
In the October 14, 2021 submission that is the subject of this
action, Ecology and YRCAA requested that the EPA approve changes to
Regulation 1, sections 3.04 Wood Heaters and 3.05 Burn Bans, adopted by
YRCAA on October 8, 2020, to replace the outdated 1993 and 1995 Article
IX provisions previously approved into the SIP.\7\ The submitted
revisions, state effective on November 9, 2020, align the YRCAA wood
heater and impaired air quality burn ban regulations with the
Washington Clean Air Act statutory changes discussed above, as well as
the EPA-approved changes to Ecology's statewide solid fuel burning
device regulations. The definition of ``wood heater'' in Regulation 1,
section 3.04 is consistent with the term ``solid fuel burning device''
in the Washington Clean Air Act. Specifically, section 3.04(B)
Applicability states, ``This section applies to any solid fuel burning
device which, as defined by RCW 70A.15.3510, burns wood, wood products,
or other nongaseous or non-liquid fuels, including those rated less
than one million British thermal unit (Btu) per hour.'' Aside from this
difference in terminology, the YRCAA regulations generally mirror and
cite to the statewide Chapter 173-433 WAC provisions already applicable
in YRCAA's jurisdiction. An analysis of the YRCAA regulations is
included in the docket for this action.
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\7\ We note that the October 14, 2021 submission also includes
outdoor burning regulations and other general air quality
regulations which the EPA will address in separate actions.
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We note that the former Article IX regulations adopted in 1993 and
1995 included a ``Woodsmoke Control Zone,'' which imposed impaired air
quality burn ban requirements on a portion of Yakima County generally
corresponding to the boundaries of the northern half of the county
which encompassed the former PM10 nonattainment area.\8\
YRCAA's current regulations expand applicability of impaired air
quality burn bans to all of Yakima County, except for lands located
within the external boundaries of the Yakama Indian Reservation.
Because this revision strengthens the SIP by expanding the geographic
scope of the curtailment program, we are proposing to approve YRCAA's
elimination of the Woodsmoke Control Zone from the regulations.
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\8\ See 40 CFR 81.348 for legal description and current
designation.
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III. Proposed Action
The EPA is proposing 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. These revisions strengthen the SIP in
several ways, including by revising burn ban trigger
[[Page 64440]]
levels to align with the Washington State Legislature's statutory
changes focused on the more recent 24-hour PM2.5 NAAQS and
expanding the burn ban applicability beyond the former Woodsmoke
Control Zone. The EPA is also proposing to determine that Regulation 1,
sections 3.04 Wood Heaters and 3.05 Burn Bans, adopted by YRCAA
effective November 9, 2020 are consistent with section 110 of the Clean
Air Act. The EPA is soliciting public comments on YRCAA Regulation 1,
sections 3.04 Wood Heaters and 3.05 Burn Bans which will be considered
before taking final action. We are also proposing to remove from the
SIP the outdated 1993 and 1995 Article IX provisions Woodstoves and
Fireplaces, which are replaced by sections 3.04 and 3.05. We note that
the October 14, 2021 submission also includes outdoor burning
regulations and other general air quality regulations which the EPA
will address in separate actions.
IV. Incorporation by Reference
In this document, the EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference YRCAA Regulation 1, sections 3.04 and 3.05 discussed in
section III of this preamble and remove from the incorporation by
reference YRCAA Regulation 1, Article IX which is replaced by sections
3.04 and 3.05. The EPA has made, and will continue to make, these
documents generally available through https://www.regulations.gov 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 proposed 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 proposed action:
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);
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 application of the requirements would be inconsistent
with the Clean Air Act; 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 proposed action would not 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 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.
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: November 9, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-25042 Filed 11-17-21; 8:45 am]
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