Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations 3435 

1 62 FR 27968 (May 22, 1997). 

TABLE 1 OF § 1010.821—PENALTY ADJUSTMENT TABLE—Continued 

U.S. Code citation Civil monetary penalty description 

Penalties as 

last amended by 

statute 

Maximum penalty 

amounts or range 

of minimum and 

maximum penalty 

amounts for 

penalties 

assessed on or 

after 1/24/2022 

31 U.S.C. 5330(e) ................................................. Civil Penalty for Failure to Register as Money 

Transmitting Business.

5,000 9,250 

Himamauli Das, 

Acting Director, Financial Crimes 

Enforcement Network. 

[FR Doc. 2022–01284 Filed 1–21–22; 8:45 am] 

BILLING CODE 4810–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0750, FRL–9189–02– 

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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving 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 approving these changes because 

they meet the requirements of the Clean 

Air Act (CAA) and strengthen the 

Washington State Implementation Plan 

(SIP). 

DATES: This final rule is effective 

February 23, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2021–0750. 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,’’ ‘‘us,’’ or ‘‘our’’ is used, it means 

the EPA. 

I. Background 

On November 18, 2021, we proposed 

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 (86 

FR 64438). 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 

December 20, 2021, and we received no 

comments. Therefore, we are finalizing 

our action as proposed. 

II. Final Action 

The EPA is approving and 

incorporating by reference Regulation 1, 

sections 3.04 Wood Heaters and 3.05 

Burn Bans, adopted by YRCAA effective 

November 9, 2020. We are also 

removing from the SIP the outdated 

1993 and 1995 Article IX provisions 

Woodstoves and Fireplaces, which are 

replaced by sections 3.04 and 3.05. 

III. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text in an EPA final 

rule that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

finalizing the incorporation by reference 

of the regulations described in section II 

of this preamble. 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 CAA as of 

the effective date of the final rule of the 

EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

IV. Statutory and Executive Order 

Review 

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 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 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 


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3436 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations 

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 those 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). 

The SIP is not approved to apply on 

any Indian reservation land in 

Washington except as specifically noted 

below and is also not approved to apply 

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 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). 

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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. 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 March 25, 2022. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 18, 2022. 

Michelle L. Pirzadeh, 

Acting 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, Table 10 in paragraph 

(c) is amended by: 

■ a. Adding a second entry for ‘‘3.04’’ 

and the entry ‘‘3.05’’ in numerical order 

under the heading ‘‘Article III— 

Violations—Orders and Hearings’’; and 

■ b. Removing the heading ‘‘Article IX— 

Woodstoves and Fireplaces’’ and the 

entries ‘‘9.01’’, ‘‘9.02’’, ‘‘9.03’’, ‘‘9.04’’, 

and ‘‘9.05’’. 

The additions read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 

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, Indian reservations 

and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability 

sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012] 

State/local 

citation Title/subject 

State/local 

effective 

date 

EPA approval 

date Explanations 

*******

Article III—Violations—Orders and Hearings 

*******

3.04 ................ Wood Heaters .... 11/9/20 1/24/22, [INSERT Federal Register CITATION].

3.05 ................ Burn Bans .......... 11/9/20 1/24/22, [INSERT Federal Register CITATION].

*******


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Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations 3437 

1The RACT I Rule was approved by EPA into the 

Pennsylvania SIP on March 23, 1998. 63 FR 13789. 

Through this RACT II rule, certain source-specific 

RACT I requirements will be superseded by more 

stringent requirements. See Section II of the 

preamble to this final rule. 

2On August 27, 2020, the Third Circuit Court of 

Appeals issued a decision vacating EPA’s approval 

of three provisions of Pennsylvania’s presumptive 

RACT II rule applicable to certain coal-fired power 

plants. Sierra Club v. EPA, 972 F.3d 290 (3d Cir. 

2020). None of the sources in this final rule are 

subject to the presumptive RACT II provisions at 

issue in that Sierra Club decision. 

* * * * * 

[FR Doc. 2022–01178 Filed 1–21–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0380; FRL–9288–02– 

R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Reasonably Available 

Control Technology Determinations for 

Case-by-Case Sources Under the 1997 

and 2008 8-Hour Ozone National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving multiple 

state implementation plan (SIP) 

revisions submitted by the 

Commonwealth of Pennsylvania. These 

revisions were submitted by the 

Pennsylvania Department of 

Environmental Protection (PADEP) to 

establish and require reasonably 

available control technology (RACT) for 

24 major volatile organic compound 

(VOC) and/or nitrogen oxide (NOX) 

emitting facilities pursuant to the 

Commonwealth of Pennsylvania’s 

conditionally approved RACT 

regulations. In this rule action, EPA is 

approving source-specific (also referred 

to as case-by-case or CbC) RACT 

determinations or alternative NOX

emissions limits for sources at 24 major 

NOX and VOC emitting facilities within 

the Commonwealth submitted by 

PADEP. These RACT evaluations were 

submitted to meet RACT requirements 

for the 1997 and 2008 8-hour ozone 

national ambient air quality standards 

(NAAQS). EPA is approving these 

revisions to the Pennsylvania SIP in 

accordance with the requirements of the 

Clean Air Act (CAA) and EPA’s 

implementing regulations. 

DATES: This final rule is effective on 

February 23, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2021–0380. 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 (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: Mr. 

Riley Burger, Permits Branch (3AD10), 

Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–2217. 

Mr. Burger can also be reached via 

electronic mail at burger.riley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 2, 2021, EPA published a 

notice of proposed rulemaking (NPRM). 

86 FR 41426. In the NPRM, EPA 

proposed approval of case-by-case 

RACT determinations or alternative 

NOX emissions limits for sources at 24 

facilities, as EPA found that the RACT 

controls for these sources met the CAA 

RACT requirements for the 1997 and 

2008 8-hour ozone NAAQS. These caseby-case RACT determinations or 

alternative NOX emissions limits for 

sources at these facilities were included 

in PADEP’s May 7, 2020 SIP submission 

on. As indicated in the NPRM, EPA 

views each facility as a separable SIP 

revision. 

Under certain circumstances, states 

are required to submit SIP revisions to 

address RACT requirements for both 

major sources of NOX and VOC and any 

source covered by control technique 

guidelines (CTG), for each ozone 

NAAQS. Which NOX and VOC sources 

in Pennsylvania are considered ‘‘major,’’ 

and are therefore subject to RACT, is 

dependent on the location of each 

source within the Commonwealth. 

Sources located in nonattainment areas 

would be subject to the ‘‘major source’’ 

definitions established under the CAA 

based on the area’s current 

classification(s). In Pennsylvania, 

sources located in any ozone 

nonattainment areas outside of 

moderate or above are subject to source 

thresholds of 50 tons per year (tpy) 

because of the Ozone Transport Region 

(OTR) requirements in CAA section 

184(b)(2). 

On May 16, 2016, PADEP submitted 

a SIP revision addressing RACT for both 

the 1997 and 2008 8-hour ozone 

NAAQS in Pennsylvania. PADEP’s May 

16, 2016 SIP revision intended to 

address certain outstanding non-CTG 

VOC RACT, VOC CTG RACT, and major 

source VOC and NOX RACT 

requirements for both standards. The 

SIP revision requested approval of 

Pennsylvania’s 25 Pa. Code 129.96–100, 

Additional RACT Requirements for 

Major Sources of NOX and VOCs (the 

‘‘presumptive’’ RACT II rule). Prior to 

the adoption of the RACT II rule, 

Pennsylvania relied on the NOX and 

VOC control measures in 25 Pa. Code 

129.92–95, Stationary Sources of NOX

and VOCs, (the RACT I rule) to meet 

RACT for non-CTG major VOC sources 

and major NOX sources. The 

requirements of the RACT I rule remain 

as previously approved in 

Pennsylvania’s SIP and continue to be 

implemented as RACT.1 On September 

26, 2017, PADEP submitted a letter, 

dated September 22, 2017, which 

committed to address various 

deficiencies identified by EPA in 

PADEP’s May 16, 2016 ‘‘presumptive’’ 

RACT II rule SIP revision. 

On May 9, 2019, EPA conditionally 

approved the RACT II rule based on the 

commitments PADEP made in its 

September 22, 2017 letter.2 84 FR 

20274. In EPA’s final conditional 

approval, EPA noted that PADEP would 

be required to submit, for EPA’s 

approval, SIP revisions to address any 

facility-wide or system-wide NOX

emissions averaging plans approved 

under 25 Pa. Code 129.98 and any caseby-case RACT determinations under 25 

Pa. Code 129.99. PADEP committed to 

submitting these additional SIP 

revisions within 12 months of EPA’s 

final conditional approval (i.e., by May 

9, 2020). Through multiple submissions 

between 2017 and 2020, PADEP has 

submitted to EPA for approval various 

SIP submissions to implement its RACT 

II case-by-case determinations and 

alternative NOX emissions limits. This 

rule is based on EPA’s review of one of 

these SIP revisions. 

II. Summary of SIP Revision and EPA 

Analysis 

A. Summary of SIP Revision 

To satisfy a requirement from EPA’s 

May 9, 2019 conditional approval, 

PADEP submitted to EPA SIP revisions 

addressing alternative NOX emissions 

limits and/or case-by-case RACT 


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