66690 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 

EPA-APPROVED INDIANA REGULATIONS—Continued 

Indiana 

citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

*******

Rule 4.1. Lake County Sulfur Dioxide Emission Limitations 

*******

7–4.1–10 ... ArcelorMittal USA LLC (Indiana Harbor West) 

sulfur dioxide emission limitations.

3/31/2021 9/28/2023, [Insert Federal Register Citation].

7–4.1–11 ... ArcelorMittal USA LLC (Indiana Harbor East) 

sulfur dioxide emission limitations.

3/31/2021 9/28/2023, [Insert Federal Register Citation].

* * * * * * * 

* * * * * 

[FR Doc. 2023–20743 Filed 9–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 vaupel.claudia@epa.gov. 

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 restated 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 


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

• 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. 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart WW—Washington 

■ 2. In § 52.2470, amend Table 10 in 

paragraph (c) by: 

■ a. Adding the entry ‘‘3.03’’ in 

numerical order under the heading 

‘‘Article 3—Rules’’; and 

■ 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: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 


ddrumheller on DSK120RN23PROD with RULES1
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 


ddrumheller on DSK120RN23PROD with RULES1