66692 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 

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; facilities subject to the 

Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 173–410, and 173–415 Washington Administrative Code 

(WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of WAC 173–400–700.] 

State/local 

citation Title/subject 

State/local 

effective 

date 

EPA approval date Explanations 

Yakima Regional Clean Air Agency Regulations 

*******

Article 3—Rules 

*******

3.03 .............. Outdoor and Agricultural 

Burning.

9/9/20 9/28/23, [INSERT FEDERAL REGISTER CITATION].Except subsection 3.03.C.2.g, 3.03.E.2a, 3.03.E.2.c, 

3.03.E.3.d, 3.03.K; and the following provisions in 

General Rule Permit No.: 3.03–1.E.2.b, 3.03– 

1.E.2.d, 3.03–1.E.2.e, 3.03–1.G, 3.03–2.E.2.b, 

3.03–2.G, 3.03–3.E.2.b, 3.03–3.G, 3.03–4.E.2.c, 

3.03–4.G, 3.03–5.E.2.d, and 3.03–5.G. 

*******

* * * * * 

[FR Doc. 2023–21255 Filed 9–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2023–0341: FRL–11175– 

02–R10] 

Air Plan Approval; Washington; 

Southwest Clean Air Agency; Emission 

Standards and Controls for Sources 

Emitting Gasoline Vapors 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Washington State Implementation 

Plan (SIP) for the Southwest Clean Air 

Agency (SWCAA) jurisdiction as it 

relates to the ozone National Ambient 

Air Quality Standard. This revision 

updates SWCAA’s requirements in the 

SIP for Stage I and Stage II vapor 

recovery systems at gasoline dispensing 

facilities including: decommissioning 

existing Stage II systems incompatible 

with onboard refueling vapor recovery 

systems on or before January 1, 2023; 

allowing removal from service of Stage 

II vapor recovery equipment compatible 

with onboard refueling vapor recovery 

on or after January 1, 2023; and 

removing the requirement for Stage II 

vapor recovery at new installations. The 

revisions to the SIP also include, among 

other changes, revised requirements for 

installation of enhanced conventional 

nozzles, installation of low permeation 

hoses, and annual testing based on 

facility throughput. SWCAA’s submittal, 

in coordination with the Washington 

Department of Ecology, included a 

demonstration that such removal of 

Stage II requirements is consistent with 

the Clean Air Act and EPA guidance. 

DATES: This final rule is effective 

October 30, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2023–0341. 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 hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’ or ‘‘our’’ is used, it means the 

EPA. 

I. Background 

On June 22, 2023, SWCAA, in 

coordination with the Washington 

Department of Ecology as the Governor’s 

designee for revisions to the SIP, 

submitted the current version of 

SWCAA 491 ‘‘Emission Standards and 

Controls for Sources Emitting Gasoline 

Vapors’’ for EPA approval. On August 

10, 2023, we proposed to approve the 

submission (88 FR 54259). The reasons 

for our proposed approval are included 

in the proposal and will not be restated 

here. The public comment period closed 

on September 11, 2023. We received no 

comments on our proposed action and 

therefore we are finalizing our action as 

proposed. 

II. Final Action 

We have determined that SWCAA’s 

demonstration for removal of Stage II 

equipment meets Clean Air Act 

requirements. Therefore, we are 

approving and incorporating by 

reference SWCAA 491 ‘‘Emission 

Standards and Controls for Sources 

Emitting Gasoline Vapors.’’ Upon the 

effective date of this action, the 

Washington SIP will include the 

following updated sections of SWCAA 

491 as they apply in the SWCAA local 

jurisdiction: 

• 491–010 Policy and Purpose 

(establishing overall policy to control 

emissions of air contaminants from 

gasoline marketing and dispensing 


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Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 66693 

1 62 FR 27968 (May 22, 1997). 

facilities) (State effective March 18, 

2001); 

• 491–015 Applicability (defining 

the types of operations covered, 

including storage, transport, and 

transfer of gasoline) (State effective 

March 18, 2001); 

• 491–020 Definitions (defining key 

terms used in the regulations to control 

gasoline vapor emissions) (State 

effective February 7, 2020); 

• 491–030 Registration (requiring 

gasoline marketing and dispensing 

facilities to register annually with the 

local air agency) (State effective 

February 7, 2020); 

• 491–040 Gasoline Vapor Control 

Requirements (requiring vapor controls 

on specific types of gasoline plants, 

terminals, tanks and other equipment) 

(State effective February 7, 2020); 

• 491–050 Failures, Certification, 

Testing and Recordkeeping (prescribing 

vapor recovery system certification, leak 

testing, monitoring and recordkeeping) 

(State effective February 7, 2020); 

• 491–060 Severability (stating that 

each section of the gasoline vapor 

control regulations are severable from 

the others in the event one or more are 

deemed invalid) (State effective March 

18, 2001). 

This version of SWCAA 491 removes 

from the Washington SIP the 

requirement for Stage II vapor recovery 

systems in SWCAA’s jurisdiction and 

adds additional VOC controls such as 

the installation of enhanced 

conventional nozzles and low 

permeation hoses, as well as other 

historic changes since the EPA’s last 

approval. 

III. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, we are finalizing the incorporation 

by reference of the Southwest Clean Air 

Agency regulatory provisions described 

in section II of this preamble and set 

forth in the amendments to 40 CFR part 

52 in this document. 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 Clean Air 

Act as of the effective date of the final 

rule of the EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1

IV. 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 

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 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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. 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The Southwest Clean Air Agency and 

the Washington Department of Ecology 

did not evaluate environmental justice 

(EJ) considerations as part of the SIP 

submittal; the Clean Air Act and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Due to the nature of the 

action being taken here, this action is 

expected to have a neutral to positive 

impact on the air quality of the affected 

area. Consideration of EJ is not required 

as part of this action, and there is no 

information in the record inconsistent 

with the stated goal of Executive Order 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

In addition, the SIP is not approved 

to 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 and it 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). 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. 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 November 27, 

2023. 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 


ddrumheller on DSK120RN23PROD with RULES1
66694 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 

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: September 22, 2023. 

Casey Sixkiller, 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart WW—Washington 

■ 2. Amend § 52.2470, paragraph (c), 

table 8 under the heading ‘‘Emissions 

Standards and Controls for Sources 

Emitting Gasoline Vapors’’ by revising 

the entries ‘‘491–010’’, ‘‘491–015’’, 

‘‘491–020’’, ‘‘491–030’’, ‘‘491–040’’, 

‘‘491–050’’, and ‘‘491–060’’ to read as 

follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 8—ADDITIONAL REGULATIONS APPROVED FOR THE SOUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION

[Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy Facilities Site Evaluation Council 

(EFSEC) jurisdiction; facilities subject to the Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 173–410, and 

173–415 Washington Administrative Code (WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated 

that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of 

WAC 173–400–700.] 

State/local 

citation Title/subject 

State/local 

effective 

date 

EPA approval date Explanations 

Southwest Clean Air Agency Regulations 

*******

Emissions Standards and Controls for Sources Emitting Gasoline Vapors 

491–010 ............ Policy and Purpose ....................................... 3/18/01 9/28/23, [INSERT FEDERAL REGISTER 

CITATION].

491–015 ............ Applicability ................................................... 3/18/01 9/28/23, [INSERT FEDERAL REGISTER 

CITATION].

491–020 ............ Definitions ...................................................... 2/7/20 9/28/23, [INSERT FEDERAL REGISTER 

CITATION].

491–030 ............ Registration ................................................... 2/7/20 9/28/23, [INSERT FEDERAL REGISTER 

CITATION].

491–040 ............ Gasoline Vapor Control Requirements ......... 2/7/20 9/28/23, [INSERT FEDERAL REGISTER 

CITATION].

491–050 ............ Failures, Certification, Testing and Recordkeeping.2/7/20 9/28/23, [INSERT FEDERAL REGISTER 

CITATION].

491–060 ............ Severability .................................................... 3/18/01 9/28/23, [INSERT FEDERAL REGISTER 

CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2023–21266 Filed 9–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 1054 

Control of Emissions From New, Small 

Nonroad Spark-Ignition Engines and 

Equipment 

CFR Correction 

This rule is being published by the 

Office of the Federal Register to correct 

an editorial or technical error that 

appeared in the most recent annual 

revision of the Code of Federal 

Regulations. 

■ In Title 40 of the Code of Federal 

Regulations, Parts 1000 to 1059, revised 

as of July 1, 2023, in § 1054.801, remove 

the second definition of ‘‘Equipment 

manufacturer’’ and place the remaining 

definition in alphabetical order, and 

reinstate the definition of ‘‘Engine 

manufacturer’’ in alphabetical order to 

read as follows: 

§ 1054.801 What definitions apply to this 

part? 

* * * * * 

Engine manufacturer means the 

manufacturer of the engine. See the 

definition of ‘‘manufacturer’’ in this 

section. 

* * * * * 

[FR Doc. 2023–21520 Filed 9–27–23; 8:45 am] 

BILLING CODE 0099–10–P 


ddrumheller on DSK120RN23PROD with RULES1