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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Pages 5693-5695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00559]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2024-0430, FRL-12243-02-R10]

Air Plan Approval; Washington; Olympic Region Clean Air Agency, 
Recreational Fires

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Washington State Implementation Plan (SIP) that was 
submitted by the Department of Ecology (Ecology) in coordination with 
the Olympic Region Clean Air Agency (ORCAA). In 2013, Ecology and ORCAA 
inadvertently submitted for incorporation into the SIP a ban on small, 
recreational fires in Thurston County. These fires are defined as 
having a maximum pile size of three feet in diameter by two feet high 
using seasoned firewood or charcoal, generally associated with 
backyard, summer campfires. Ecology and ORCAA provided a review of the 
historical record to demonstrate that the ban on recreational fires was 
not relied upon for attainment, maintenance, or reasonable further 
progress in the Thurston County area. Ecology and ORCAA also provided 
data to demonstrate that removing the ban on recreational fires would 
not interfere with maintenance of the national ambient air quality 
standards. Therefore, we are approving the request by Ecology and ORCAA 
to remove this provision from the SIP.

DATES: This final rule is effective February 18, 2025.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2024-0430. 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 
[email protected].

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

I. Background

    On October 24, 2024, the EPA proposed to approve revisions to the 
Washington SIP to remove a ban on small, recreational fires in Thurston 
County (89 FR 84842). The reasons for our proposed action are included 
in the proposal and will not be restated here. The public comment 
period closed on November 25, 2024. We received two comments from 
members of the public. The full text of the comments may be found in 
the docket for this action. We have summarized the comments in the 
following section II. of this preamble.

II. Comments

    The first commenter conveyed overall support for our proposed 
action. The EPA acknowledges the commenter's support.
    The second commenter expressed concern about air emissions from 
cannabis plants and stated there is a need to study volatile organic 
compound (VOC) emissions from the plants and how such emissions may 
contribute to ozone formation. This comment is outside the scope of 
this action. The revisions to Washington's SIP do not relate to 
cannabis production in general or VOC emissions from cannabis 
production in particular. Rather, the revisions to Washington's SIP 
remove a ban on small, recreational fires using seasoned firewood or 
charcoal. In addition, the commenter did not indicate that EPA approval 
of the SIP submissions is inconsistent with the Clean Air Act.
    Therefore, for the reasons stated in this preamble and our proposed 
action on October 24, 2024, we are finalizing our action as proposed 
(89 FR 84842).

III. Final Action

    The EPA is approving ORCAA regulation 6.2.7, State effective March 
6, 2023, and incorporating it by reference into the Washington SIP at 
40 CFR 52.2470(c)--Table 6--Additional Regulations Approved for the 
Olympic Region Clean Air Agency (ORCAA) Jurisdiction. This action 
repeals a ban on recreational fires within the city limits of Lacey, 
Olympia, and Tumwater, and unincorporated areas of Thurston County 
lying within or between the municipal boundaries of these cities. Based 
on the demonstration provided by Ecology and ORCAA, we determined that 
the revision will not interfere with maintenance of the national 
ambient air quality standards or other applicable requirements of the 
Clean Air Act.

IV. 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 ORCAA 
regulation 6.2.7, State effective March 6, 2023, as described in 
section III of this preamble and set forth in the amendments to 40 CFR 
part 52 in this document. 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).

[[Page 5694]]

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 
Clean Air Act 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.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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.
    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 communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
Executive Order 14096 (Revitalizing Our Nation's Commitment to 
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on 
and supplements Executive Order 12898 and defines EJ as, among other 
things, the just treatment and meaningful involvement of all people, 
regardless of income, race, color, national origin, or Tribal 
affiliation, or disability in agency decision-making and other Federal 
activities that affect human health and the environment.
    The air agency did not evaluate environmental justice 
considerations as part of its SIP submission; the Clean Air Act and 
applicable implementing regulations neither prohibit nor require such 
an evaluation. The EPA did not perform an EJ analysis and did not 
consider EJ in this action. Due to the nature of this action, it is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of Executive Order 12898/14096 of achieving environmental 
justice for communities with EJ concerns.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or 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 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).
    This action is subject to the Congressional Review Act, and the 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 18, 2025. 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 7, 2025.
Daniel Opalski,
Acting Regional Administrator, Region 10.

    For the reasons set forth in the preamble, EPA amends 40 CFR part 
52 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 paragraph (c), table 6 by revising the entry 
``6.2.7'' to read as follows:

Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

[[Page 5695]]

      Table 6--Additional Regulations Approved for the Olympic Region Clean Air Agency (ORCAA) Jurisdiction
  [Applicable in Clallam, Grays Harbor, Jefferson, Mason, Pacific, and Thurston counties, 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
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                                   Olympic Region Clean Air Agency Regulations
                                            Rule 6.2 Outdoor Burning
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                                                  * * * * * * *
6.2.7..........................  Recreational                  3/6/23  1/17/2025,         ......................
                                  Burning.                              [INSERT FIRST
                                                                        PAGE OF Federal
                                                                        Register
                                                                        CITATION].
 
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[FR Doc. 2025-00559 Filed 1-16-25; 8:45 am]
BILLING CODE 6560-50-P
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