Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5693 

TABLE 5 TO PARAGRAPH (e)—EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY

MEASURES—Continued 

Name of SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date EPA approval date Explanations 

II.III.D.7.13 Assurance of Adequacy .................... Fairbanks North Star 

Borough.

12/13/2019 12/5/2023; 88 FR 

84626.

III.III.D.7.13 Appendix to Assurance of Adequacy Fairbanks North Star 

Borough.

12/13/2019 12/5/2023; 88 FR 

84626.

II.III.D.7.15 Acronyms and Abbreviations ............. Fairbanks North Star 

Borough.

12/13/2019 12/5/2023; 88 FR 

84626.

[FR Doc. 2025–01120 Filed 1–16–25; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 hunt.jeff@epa.gov. 

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). 


KHAMMOND on DSK9W7S144PROD with RULES
5694 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

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

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 

■ 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 paragraph (c), 

table 6 by revising the entry ‘‘6.2.7’’ to 

read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5695 

1See https://www.epa.gov/environmentaljustice/ 

learn-about-environmental-justice. 

2 Id. 

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.] 

State/local citation Title/subject 

State/local 

effective 

date 

EPA approval date Explanations 

Olympic Region Clean Air Agency Regulations 

Rule 6.2 Outdoor Burning 

*******

6.2.7 ....................... Recreational Burning .............................. 3/6/23 1/17/2025, [INSERT FIRST PAGE OF 

Federal Register CITATION].

*******

* * * * * 

[FR Doc. 2025–00559 Filed 1–16–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2023–0587; FRL–11571– 

02–R8] 

Revisions to the Federal 

Implementation Plan for the Billings/ 

Laurel, Montana, Sulfur Dioxide Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is revising a Federal 

Implementation Plan (FIP) applicable to 

sulfur dioxide (SO2) emissions from four 

sources located in Billings and Laurel, 

Montana. Specifically, the EPA is 

revising a portion of the FIP 

promulgated by the EPA in 2008 (2008 

Billings/Laurel SO2 FIP) by removing a 

provision which contained an 

affirmative defense for exceedances of 

flare emission limits during 

malfunctions, startups, and shutdowns. 

The EPA is taking this action pursuant 

to the Clean Air Act (CAA). 

DATES: This rule is effective on February 

18, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2023–0587. 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: 

Adam Clark, Air and Radiation 

Division, EPA, Region 8, Mail code 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado, 80202–1129, 

telephone number: (303) 312–7104, 

email address: clark.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

The background for this action is 

discussed in detail in our October 15, 

2024, proposal (89 FR 82948). In that 

document we proposed to revise the 

2008 Billings/Laurel SO2 FIP by 

removing the portion of the FIP found 

at 40 CFR 52.1392(i), titled ‘‘Affirmative 

defense provisions for exceedances of 

flare emission limits during 

malfunctions, startups, and 

shutdowns.’’ We received one comment 

on this proposal. 

II. Response to Comments 

Comment: The EPA received one 

comment on this proposal from an 

individual commenter. The commenter 

expressed support for the EPA’s 

proposed action, noting the harms of 

SO2 pollution and the importance of 

protecting the communities near 

impacted sources. 

Response: The EPA acknowledges this 

supportive comment. 

III. Final Action 

The EPA is revising the 2008 Billings/ 

Laurel SO2 FIP by removing section 

52.1392(i) and all of the provisions 

therein, including paragraphs sections 

52.1392 (i)(1)–(3). 

IV. Environmental Justice 

Considerations 

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.’’ 1 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.’’ 2 Recognizing the importance 

of these considerations to local 

communities, the EPA conducted an EJ 

screening analysis around the location 

of the facilities associated with this 

action to evaluate environmental and 

demographic indicators for the areas 

impacted by this final action. However, 

the EPA is providing the information 

associated with this analysis for 

informational purposes only. The 

information provided herein is not a 

basis of this action. 

The EPA conducted the screening 

analyses using EJScreen, an EJ mapping 

and screening tool that provides the 

EPA with a nationally consistent dataset 

and approach for combining various 

environmental and demographic 


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