[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66690-66692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21255]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2021-0752; FRL-9203-02-R10]


Air Plan Approval; WA; Yakima County Outdoor and Agricultural 
Burning Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving into 
the Washington State Implementation Plan (SIP) the Yakima Regional 
Clean Air Agency's (YRCAA) revised outdoor and agricultural burning 
rule submitted by the State of Washington (Washington or the State) on 
October 14, 2021. The submitted revisions improve stringency, clarity 
and enforceability of the rule. The EPA is proposing to approve the SIP 
submission as consistent with Clean Air Act (Act or CAA) requirements.

DATES: This action is effective on October 30, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2021-0752. 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., CBI or 
other information whose disclosure 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 through https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Claudia Vaupel, EPA Region 10 at (206) 
553-6121, or <a href="/cdn-cgi/l/email-protection#6f190e1a1f0a03410c030e1a0b060e2f0a1f0e41080019"><span class="__cf_email__" data-cfemail="3c4a5d494c5950125f505d4958555d7c594c5d125b534a">[email protected]</span></a>.

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

I. Background

    On July 26, 2023, the EPA proposed to approve Washington's October 
14, 2021, SIP submission which significantly revised the SIP-approved 
outdoor burning rule for the Yakima area (88 FR 48147). 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 August 25, 2023, and we did not receive comments. 
Therefore, we are finalizing our action as proposed.

II. Final Action

    The EPA is approving into the Washington SIP, the rule revisions 
for outdoor and agricultural burning submitted by Washington on October 
14, 2021, because they meet Clean Air Act requirements. The rule 
revisions include updates to applicability, general prohibitions and 
requirements for all burning, permit requirements and limited 
exemptions, program delegation, and rule renumbering. Based on our 
review, we determined that the rule revisions result in an overall 
strengthening of the requirements for open and agricultural burning in 
Yakima County.
    The EPA is approving into the federally-approved SIP the YRCAA 
Regulation 1, Article 3, Section 3.03 (regulating outdoor and 
agricultural burning in Yakima County), effective September 9, 2020, 
except the following provisions: 3.03.C.2.g, 3.03.E.2.a, 3.03.E.2.c, 
3.03.E.3.d, 3.03.K; and the following general rule permit provisions:

    General Rule Permit No. 3.03-1 Conditions: E.2.b, E.2.d, E.2.e, 
and G;
    General Rule Permit No. 3.03-2 Conditions: E.2.b and G;
    General Rule Permit No. 3.03-3 Conditions: E.2.b and G;
    General Rule Permit No. 3.03-4 Conditions: E.2.c and G; and
    General Rule Permit No. 3.03-5 Conditions E.2.d and G.

    We are also removing from the federally-approved SIP the outdated 
Regulation 1, Article 5 provisions, Sections 5.01 through 5.05 
(regulating outdoor burning in Yakima County), state effective December 
15, 1995, that are replaced by Section 3.03.

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 
Regulation 1, Article 3, Section 3.03 provisions described in section 
II of this preamble. The EPA has made, and will continue to make, these 
materials generally available through 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 State implementation plan, 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 
in the next update to the SIP compilation. The EPA is also removing 
regulatory text that includes incorporation by

[[Page 66691]]

reference. In accordance with requirements of 1 CFR 51.5, the EPA is 
removing from incorporation by reference the Regulation 1, Article 5, 
Sections 5.01 through 5.05 provisions described in section II of this 
preamble.

III. Statutory and Executive Order Reviews

    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, 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where 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).
    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.''
    Neither Washington nor YRCAA evaluated environmental justice 
considerations as part of the SIP submittal; the CAA and applicable 
implementing regulations neither prohibit nor require such an 
evaluation. The EPA performed an environmental justice analysis for the 
purpose of providing additional context and information about this 
rulemaking to the public, not as a basis of the 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. 
In addition, there is no information in the record upon which this 
decision is based inconsistent with the stated goal of E.O. 12898 of 
achieving environmental justice for people of color, low-income 
populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and 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 CAA, 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 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    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

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, amend Table 10 in paragraph (c) by:
0
a. Adding the entry ``3.03'' in numerical order under the heading 
``Article 3--Rules''; and
0
b. Removing the heading ``Article V--Emissions Standards and 
Preventative Measures'' and the entries ``5.01'', ``5.02'', ``5.03'', 
``5.04'', and ``5.05''.
    The addition reads as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

[[Page 66692]]



     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.]
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                                                       State/local
      State/local citation          Title/subject    effective date   EPA approval date        Explanations
----------------------------------------------------------------------------------------------------------------
                                  Yakima Regional Clean Air Agency Regulations
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                Article 3--Rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
3.03...........................  Outdoor and                 9/9/20  9/28/23, [INSERT    Except subsection
                                  Agricultural                        FEDERAL REGISTER    3.03.C.2.g, 3.03.E.2a,
                                  Burning.                            CITATION].          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.
 
                                                  * * * * * * *
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[FR Doc. 2023-21255 Filed 9-27-23; 8:45 am]
BILLING CODE 6560-50-P


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