[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Rules and Regulations]
[Pages 3435-3437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01178]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2021-0750, FRL-9189-02-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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 
approving these changes because they meet the requirements of the Clean 
Air Act (CAA) and strengthen the Washington State Implementation Plan 
(SIP).

DATES: This final rule is effective February 23, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2021-0750. All documents in the docket are 
listed on the https://www.regulations.gov 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 https://www.regulations.gov, 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 
[email protected].

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

I. Background

    On November 18, 2021, we proposed 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 (86 FR 64438). The reasons 
for our proposed approval were stated in the proposed rulemaking and 
will not be re-stated here. The public comment period for our proposed 
approval ended on December 20, 2021, and we received no comments. 
Therefore, we are finalizing our action as proposed.

II. Final Action

    The EPA is approving and incorporating by reference Regulation 1, 
sections 3.04 Wood Heaters and 3.05 Burn Bans, adopted by YRCAA 
effective November 9, 2020. We are also removing from the SIP the 
outdated 1993 and 1995 Article IX provisions Woodstoves and Fireplaces, 
which are replaced by sections 3.04 and 3.05.

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text in an EPA 
final rule that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the regulations described in section II of this preamble. 
The EPA has made, and will continue to make, these materials 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).
    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 CAA as of the effective date of the final rule of the EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Review

    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 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 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

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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 those 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).
    The SIP is not approved to apply on any Indian reservation land in 
Washington except as specifically noted below and is also not approved 
to apply 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). 
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.
    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).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 25, 2022. 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 18, 2022.
Michelle L. Pirzadeh,
Acting 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. In Sec.  52.2470, Table 10 in paragraph (c) is amended by:
0
a. Adding a second entry for ``3.04'' and the entry ``3.05'' in 
numerical order under the heading ``Article III--Violations--Orders and 
Hearings''; and
0
b. Removing the heading ``Article IX--Woodstoves and Fireplaces'' and 
the entries ``9.01'', ``9.02'', ``9.03'', ``9.04'', and ``9.05''.
    The additions read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

     Table 10--Additional Regulations Approved for the Yakima Regional Clean Air Agency (YRCAA) Jurisdiction
 [Applicable in Yakima County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC)
  jurisdiction, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a
  tribe has jurisdiction, and facilities subject to the applicability sections of WAC 173-400-700, 173-405-012,
                                          173-410-012, and 173-415-012]
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                                                       State/local
  State/local citation          Title/subject        effective date   EPA approval date        Explanations
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                                                  * * * * * * *
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                                  Article III--Violations--Orders and Hearings
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                                                  * * * * * * *
3.04...................  Wood Heaters..............         11/9/20  1/24/22, [INSERT
                                                                      Federal Register
                                                                      CITATION].
3.05...................  Burn Bans.................         11/9/20  1/24/22, [INSERT
                                                                      Federal Register
                                                                      CITATION].
 
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[FR Doc. 2022-01178 Filed 1-21-22; 8:45 am]
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