[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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