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[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Proposed Rules]
[Pages 47880-47883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19280]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0483; FRL-9931-84-Region 10]

Approval and Promulgation of Implementation Plans; Washington: 
Update to the Spokane Regional Clean Air Agency Solid Fuel Burning 
Device Standards

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a

[[Page 47881]]

State Implementation Plan (SIP) revision submitted by the Washington 
State Department of Ecology (Ecology) on July 10, 2015. The SIP 
submission contains revisions to the Spokane Regional Clean Air Agency 
(SRCAA) solid fuel burning device regulations to control particulate 
matter from residential wood combustion. The updated regulations 
reflect the State of Washington's statutory changes setting fine 
particulate matter trigger levels for impaired air quality burn bans. 
The submission also contains updates to the regulations to improve the 
clarity of the language. We are proposing to approve these changes 
because they meet the requirements of the Clean Air Act and strengthen 
the Washington SIP.

DATES: Written comments must be received on or before September 9, 
2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0483, by any of the following methods:
    www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: R10-Public_Comments@epa.gov.
     Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and 
Toxics (AWT-150), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, Office of Air, 
Waste and Toxics, AWT-150. Such deliveries are only accepted during 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2015-0483. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to the EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI 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. Publicly available 
docket materials are available either electronically in 
www.regulations.gov or in hard copy during normal business hours at the 
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, 
Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, 
hunt.jeff@epa.gov, or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA.
    The following outline is provided to aid in locating information in 
this preamble:

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 promulgated revised National Ambient Air 
Quality Standards (NAAQS or standards) for particulate matter focused 
on inhalable coarse particles (PM10) that are 10 micrometers 
in diameter or smaller (52 FR 24663). The PM10 standard most 
relevant to Washington was the 24-hour (or daily) standard. The EPA set 
the 24-hour PM10 NAAQS at 150 micrograms per cubic meter 
([micro]g/m\3\), not to be exceeded more than once per year on average 
over a three-year period. The Spokane, Washington, area was designated 
nonattainment for PM10 and classified as moderate upon 
enactment of the Clean Air Act Amendments in 1990. Washington submitted 
a PM10 attainment plan on December 12, 1994, and the EPA 
approved the Plan on January 27, 1997 (62 FR 3800). One element of the 
approved PM10 attainment plan was the residential wood smoke 
curtailment program contained in SRCAA, Article VIII, Solid Fuel 
Burning Device Standards. On July 1, 2005, the EPA redesignated the 
Spokane area to attainment for PM10 based on the existing 
set of control measures contained in Ecology's original 1994 attainment 
plan (70 FR 38029).
    On July 18, 1997, the EPA revised 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 [micro]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 revised the 
PM2.5 24-hour NAAQS from 65 [micro]g/m\3\ to 35 [micro]g/
m\3\ based on additional evidence and health studies (71 FR 61144).

II. Summary of SIP Revision

    On January 27, 1997, the EPA approved Regulation I, Article VIII--
Solid Fuel Burning Device Standards, adopted by SRCAA in 1994 (62 FR 
3800). This set of adopted regulations predated the EPA's promulgation 
of the PM2.5 NAAQS, and focused on the 1987 PM10 
NAAQS for residential woodstove curtailment. More recently, the 
Washington State Legislature revised the underlying statutory authority 
contained in Chapter 70.94 Revised Code of Washington (RCW) Washington 
Clean Air Act (Washington Clean Air Act) regarding residential wood 
smoke curtailment programs to focus on the more pressing and 
environmentally relevant 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 to demonstrate that wood smoke 
curtailment programs focused on the more stringent 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 to remove outdated PM10 burn ban trigger

[[Page 47882]]

levels and replace them with PM2.5 trigger levels, 
consistent with the changes to Chapter 70.94.473 of the Washington 
Clean Air Act.
    In this action, as the Governor's designee for revisions to the 
Washington SIP, Ecology requested that the EPA approve changes to 
Regulation I, Article VIII--Solid Fuel Burning Device Standards adopted 
by SRCAA on July 10, 2014. This proposed SIP revision aligns the SRCAA 
solid fuel burning device 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 (79 FR 
26628, May 9, 2014). SRCAA's regulatory changes generally mirror the 
statewide Ecology regulations and update the existing EPA-approved 
SRCAA regulations for improved clarity. A document showing, in redline/
strike-out, the changes, is included in the docket for this action.
    As discussed above, the 1994 p.m.10 attainment plan for 
the Spokane area included SWCAA Regulation I, Article VIII that 
regulates particulate matter emissions from residential solid fuel 
burning devices (e.g., woodstoves and fireplaces). These regulations 
include several provisions that together provide continuous control of 
particulate matter emissions, including an episodic curtailment 
program, restrictions concerning materials that can and cannot be 
burned, and a limit on visible emissions from residential chimneys.
    The primary element of the solid fuel burning device regulations to 
help ensure maintenance of the NAAQS is the episodic curtailment 
program which restricts the use of woodstoves and fireplaces on days 
that are conducive to the buildup of particulate matter concentrations. 
The curtailment program restricts the use of woodstoves and fireplaces 
by calling stage 1 and stage 2 burn bans consistent with the changes to 
Chapter 70.94.473 of the Washington Clean Air Act.
    In addition to the episodic curtailment program, the regulations 
include provisions that impose restrictions on what can be burned in 
woodstoves and fireplaces at any time. The regulations require that 
seasoned wood (defined as wood with a moisture content of 20% or less) 
be burned in woodstoves and fireplaces. The regulations also 
specifically prohibit the burning of garbage (and other named 
materials) in woodstoves and fireplaces, but does allow the burning of 
paper sufficient to start a fire. These provisions control the 
particulate matter emissions from woodstoves and fireplaces on a 
continuous basis, whereas the episodic curtailment program imposes 
additional restrictions on the use of woodstoves and fireplaces only 
when necessary to address the potential buildup of particulate matter 
concentrations.
    Finally, the regulations establish a 20% opacity limit on smoke 
from residential woodstoves and fireplaces. This provision provides a 
visual indicator for the proper operation of a woodstove or fireplace, 
including the use of properly seasoned wood. The 20% opacity limit 
applies at all times except during the starting of a fire and the 
refueling of a woodstove or fireplace. However, during those times, the 
episodic curtailment program and other restrictions regulating fuel 
contained in the provisions described above continue to apply, as 
clarified in the June 22, 2015 letter from the Spokane Regional Clean 
Air Agency.
    Accordingly, this combination of regulatory provisions constitutes 
continuous emission limitations, consistent with Federal Clean Air Act 
requirements. Specifically, reliance on the episodic curtailment 
program and other provisions regulating fuel described above serves as 
an adequate alternative emission limit during the starting and 
refueling of fires in residential woodstoves and fireplaces, when use 
of the 20% opacity limits would be infeasible. Reliance on those 
requirements during starting and refueling periods is limited and 
specific to the operation of residential stoves and fireplaces, 
minimizes the frequency and duration of those periods, and minimizes 
the impact of emissions on ambient air quality during those periods, 
while the episodic curtailment program ensures that emission impacts 
are avoided during potential worst-case periods. While the EPA's 
guidance on alternative emission limits also specifies that the owner 
or operator's actions during startup and shutdown periods should be 
documented by signed, contemporaneous operating logs or other relevant 
evidence, application of this recordkeeping requirement in this case 
would be an unreasonable burden for individual home heating situations. 
See 80 FR 33840, June 12, 2015 [relevant discussion begins on page 
33913].

III. Proposed Action

    The EPA is proposing to approve Washington's SIP revision received 
July 10, 2015. Specifically, the EPA is proposing to approve and 
incorporate by reference into the SIP the SRCAA regulations shown in 
Table 1. In addition, Ecology and SRCAA submitted Section 8.11, 
Regulatory Actions and Penalties to demonstrate adequate enforcement 
authority to implement the program. Regulations describing agency 
enforcement authority are not generally incorporated by reference into 
the SIP to avoid potential conflict with the EPA's independent 
authorities. Therefore, the EPA has reviewed and is proposing approval 
of Section 8.11 as having adequate enforcement authority, but will not 
incorporate this section by reference into the SIP codified in 40 CFR 
52.2470(c). Similarly, SRCAA Section 8.04 incorporates by reference the 
statewide Ecology solid fuel burning device regulations contained in 
WAC 173-433. To the extent that SRCAA's regulations reference WAC 173-
433-130, 173-433-170, and 173-433-200 which contain nuisance, fee, and 
enforcement provisions, Washington is not submitting these provisions 
for approval, consistent with the EPA's May 9, 2014 final action on the 
statewide Ecology regulations. See 79 FR 26628. We have made the 
determination that this action is consistent with section 110 of the 
CAA. The EPA is soliciting public comments which will be considered 
before taking final action.

                                                                Table 1--Submitted Rules
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                                                                                                  State
                  Agency                      Citation                   Title                  effective       Submitted            Explanation
                                              (section)                                           date
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                                             Regulation I--Article VIII--Solid Fuel Burning Device Standards
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SRCAA....................................            8.01  Purpose.........................        09/02/15        07/10/15
SRCAA....................................            8.02  Applicability...................        09/02/15        07/10/15
SRCAA....................................            8.03  Definitions.....................        09/02/15        07/10/15

[[Page 47883]]

 
SRCAA....................................            8.04  Emission Performance Standards..        09/02/15        07/10/15  Except SRCAA's
                                                                                                                              incorporation by reference
                                                                                                                              of WAC 173-433-130, 173-
                                                                                                                              433-170, and 173-433-200.
SRCAA....................................            8.05  Opacity Standards...............        09/02/15        07/10/15
SRCAA....................................            8.06  Prohibited Fuel Types...........        09/02/15        07/10/15
SRCAA....................................            8.07  Curtailment (Burn Ban)..........        09/02/15        07/10/15
SRCAA....................................            8.08  Exemptions......................        09/02/15        07/10/15
SRCAA....................................            8.09  Procedure to Geographically             09/02/15        07/10/15
                                                            Limit Solid Fuel Burning
                                                            Devices.
SRCAA....................................            8.10  Restrictions on Installation and        09/02/15        07/10/15
                                                            Sales of Solid Fuel Burning
                                                            Devices.
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IV. Incorporation by Reference

    In accordance with requirements of 1 CFR 51.5, the EPA is proposing 
to revise our incorporation by reference of 40 CFR 52.2470(c)--Table 9 
``Additional Regulations Approved for the Spokane Regional Clean Air 
Agency (SRCAA) Jurisdiction'' to reflect the regulations shown in Table 
1. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

V. 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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 this action does not involve technical standards; 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 rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it will not impose substantial direct costs on tribal 
governments or preempt tribal law. This SIP revision is not approved to 
apply in Indian reservations in the State or any other area where the 
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, and Particulate matter.

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

    Dated: July 27, 2015.
Dennis J. McLerran,
Regional Adminstrator, Region 10.
[FR Doc. 2015-19280 Filed 8-7-15; 8:45 am]
 BILLING CODE 6560-50-P
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