58216 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 

[FR Doc. 2015–24462 Filed 9–25–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0483; FRL–9934–61– 

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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a 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 approving these changes because 

they meet the requirements of the Clean 

Air Act and strengthen the Washington 

SIP. 

DATES: This final rule is effective 

October 28, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2015–0483. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 form. Publicly available 

docket materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Air Programs Unit, Office of Air, 

Waste and Toxics, EPA Region 10, 1200 

Sixth Avenue, Seattle, WA, 98101. The 

EPA requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information please contact Jeff Hunt at 

(206) 553–0256, hunt.jeff@epa.gov, or by 

using the above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Orders Review 

I. Background Information 

On August 10, 2015, the EPA 

proposed to approve revisions to the 

SRCAA solid fuel burning device 

regulations (80 FR 47880). An 

explanation of the CAA requirements, a 

detailed analysis of the submittal, and 

the EPA’s reasons for approval were 

provided in the notice of proposed 

rulemaking, and will not be restated 

here. The public comment period for 

this proposed rule ended on September 

9, 2015. The EPA received no comments 

on the proposal. 

II. Final Action 

The EPA is approving Washington’s 

SIP revision submitted on July 10, 2015. 

Specifically, the EPA is approving and 

incorporating by reference into the SIP 

the SRCAA regulations shown in Table 

1. We note that Ecology and SRCAA 

submitted Regulation I, 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, we 

are approving Section 8.11 as providing 

adequate enforcement authority, but we 

are not incorporating 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 

did not submit these provisions for 

approval, consistent with the EPA’s May 

9, 2014 final action on the statewide 

Ecology regulations (79 FR 26628). 

TABLE 1—APPROVED AND INCORPORATED BY REFERENCE SRCAA REGULATIONS

Agency Citation 

(section) Title State effective date Submitted Explanation 

Regulation I—Article VIII—Solid Fuel Burning Device Standards 

SRCAA 8.01 Purpose ................................................... 09/02/14 07/10/15 

SRCAA 8.02 Applicability ............................................. 09/02/14 07/10/15 

SRCAA 8.03 Definitions ............................................... 09/02/14 07/10/15 

SRCAA 8.04 Emission Performance Standards .......... 09/02/14 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 .................................. 09/02/14 07/10/15 

SRCAA 8.06 Prohibited Fuel Types ............................. 09/02/14 07/10/15 

SRCAA 8.07 Curtailment (Burn Ban) ........................... 09/02/14 07/10/15 

SRCAA 8.08 Exemptions ............................................. 09/02/14 07/10/15 

SRCAA 8.09 Procedure to Geographically Limit Solid 

Fuel Burning Devices.

09/02/14 07/10/15 

SRCAA 8.10 Restrictions on Installation and Sales of 

Solid Fuel Burning Devices.

09/02/14 07/10/15 


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Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 58217 

III. Incorporation by Reference 

In accordance with requirements of 1 

CFR 51.5, we are revising our 

incorporation by reference in 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. Also, for the reasons 

stated above, the EPA is approving but 

not incorporating by reference SRCAA 

Regulation I, Section 8.11, Regulatory 

Actions and Penalties. We are therefore 

revising our incorporation by reference 

in 40 CFR 52.2470(c)—Table 9 

‘‘Additional Regulations Approved for 

the Spokane Regional Clean Air Agency 

(SRCAA) Jurisdiction’’ to move this 

entry to 40 CFR 52.2470(e)—Table 1 

‘‘Approved but not Incorporated by 

Reference Statutes and Regulations.’’ 

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). 

IV. Statutory and Executive Orders 

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 

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. 

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 November 27, 2015. 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: September 14, 2015. 

Dennis J. McLerran, 

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: 

■ a. In paragraph (c), table 9 is amended 

by revising entries 8.01 through 8.10 

and removing entry 8.11. 

■ b. In paragraph (e), table 1 is amended 

by adding a heading at the end of the 

table entitled ‘‘Spokane Regional Clean 

Air Agency Regulations’’ and entry 8.11. 

The revisions and additions read as 

follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 


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58218 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 

TABLE 9—ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL CLEAN AIR AGENCY (SRCAA) 

JURISDICTION

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Spokane Regional Clean Air Agency Regulations 

*******

Regulation I—Article VIII—Solid Fuel Burning Device Standards 

8.01 ................... Purpose ......................................... 09/02/14 09/28/15 [Insert Federal Register 

citation].

8.02 ................... Applicability ................................... 09/02/14 09/28/15 [Insert Federal Register 

citation].

8.03 ................... Definitions ..................................... 09/02/14 09/28/15 [Insert Federal Register 

citation].

8.04 ................... Emission Performance Standards 09/02/14 09/28/15 [Insert Federal Register 

citation].

Except the incorporation by reference of WAC 173–433–130, 

173–433–170, and 173–433– 

200. 

8.05 ................... Opacity Standards ........................ 09/02/14 09/28/15 [Insert Federal Register 

citation].

8.06 ................... Prohibited Fuel Types ................... 09/02/14 09/28/15 [Insert Federal Register 

citation].

8.07 ................... Curtailment (Burn Ban) ................. 09/02/14 09/28/15 [Insert Federal Register 

citation].

8.08 ................... Exemptions ................................... 09/02/14 09/28/15 [Insert Federal Register 

citation].

8.09 ................... Procedure to Geographically Limit 

Solid Fuel Burning Devices.

09/02/14 09/28/15 [Insert Federal Register 

citation].

8.10 ................... Restrictions on Installation and 

Sales of Solid Fuel Burning Devices.

09/02/14 09/28/15 [Insert Federal Register 

citation].

*******

* * * * * (e) * * * 

TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE STATUTES AND REGULATIONS

State citation Title/subject State 

effective date EPA approval date Explanations 

*******

Spokane Regional Clean Air Agency Regulations 

8.11 ................... Regulatory Actions and Penalties 09/02/14 09/28/15 [Insert Federal Register 

citation].

* * * * * 

[FR Doc. 2015–24328 Filed 9–25–15; 8:45 am] 

BILLING CODE 6560–50–P 


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