80 FR 47880 - Approval and Promulgation of Implementation Plans; Washington: Update to the Spokane Regional Clean Air Agency Solid Fuel Burning Device Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 153 (August 10, 2015)
Federal Register Volume 80, Issue 153 (August 10, 2015)
| Page Range | 47880-47883 | |
| FR Document | 2015-19280 |
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)] [Proposed Rules] [Pages 47880-47883] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19280] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: [email protected]. 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, [email protected], 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 (PM 10 ) 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 -------------------------------------------------------------------------------------------------------------------------------------------------------- State Agency Citation Title effective Submitted Explanation (section) date -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation I--Article VIII--Solid Fuel Burning Device Standards -------------------------------------------------------------------------------------------------------------------------------------------------------- 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. -------------------------------------------------------------------------------------------------------------------------------------------------------- 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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§ 200.218 Triggering Events. providing decent, safe and affordable § 200.222 Request for reconsideration.
Each of the following is a Triggering housing for the public. At the (a) Where participation in a Triggering
Event that may subject a Controlling Commissioner’s discretion, as necessary Event has been disapproved, otherwise
Participant to Previous Participation to determine financial or operating risk, limited or conditioned because of
review under § 200.220: this review may include the Controlling Previous Participation review, the
(a) An application for FHA mortgage Participant’s participation and Controlling Participant may request
insurance, excluding applications performance in any federal program and reconsideration of such determination
already approved by HUD; may exclude previous participation in by a review committee or reviewing
(b) An application for funds provided which the Controlling Participant did officer as established by the
by HUD, such as but not limited to not exercise, actually or constructively, Commissioner.
supplemental loans or flexible subsidy control. (b) The Controlling Participant shall
loans; (2) The Commissioner will not review submit requests for such reconsideration
(c) A request to change any Previous Participation for interests in writing within 30 days of receipt of
Controlling Participant with respect to a acquired by inheritance or by court the Commissioner’s notice of the
Covered Project; decree. determination under § 200.220.
(d) A request for consent to an (3) In connection with the submittal (c) The review committee or
assignment of a housing assistance of an application for any Triggering reviewing officer shall schedule a
payment contract under section 8 of the Event, applicants shall identify the review of such requests for
United States Housing Act of 1937 or of Controlling Participants and, to the reconsideration. The Controlling
another contract pursuant to which a extent requested by HUD, make Participant shall be provided advance
Controlling Participant will receive available to HUD the Controlling written notification of such a review.
funds in connection with a Covered Participant’s Previous Participation in The Controlling Participant shall be
Project; Covered Projects. provided the opportunity to submit
(e) A bid to purchase a Covered (b) Results of review. (1) Based upon such supporting materials as the
Project or mortgage note held by the the review under paragraph (a) of this Controlling Participant desires or as the
Commissioner; or section, the Commissioner will approve, review committee or reviewing officer
(f) A sale of a HUD-held mortgage disapprove, limit, or otherwise requests.
affecting a Covered Project, or a sale of condition the continued participation of (d) Before making its decision, the
any HUD-held Covered Project that is the Controlling Participant in the review committee or reviewing officer
now or will be subject to a Use Triggering Event, in accordance with will analyze the reasons for the
Agreement or any other continuing HUD paragraphs (c) and (d) of this section. decision(s) for which reconsideration is
requirements or affordability (2) The Commissioner shall provide being requested, as well as the
restrictions. Notwithstanding the notice of the determination to the documents and arguments presented by
foregoing, HUD may elect to refrain Controlling Participant including the the Controlling Participant. The review
from conducting Previous Participation reasons for disapproval or limitation. committee or reviewing officer may
review under this subsection where a The Commissioner may provide notice affirm, modify, or reverse the initial
bidder’s Previous Participation has of the determination to other parties, as decision. Upon making its decision, the
already been reviewed under paragraph well, such the FHA-approved lender in review committee or reviewing officer
(e) of this section, in order to avoid a the transaction. will provide written notice of its
duplicative review. (c) Basis for disapproval. (1) The determination to the Controlling
Commissioner must disapprove a Participant setting forth the reasons for
§ 200.220 Previous Participation review. the determination(s).
Controlling Participant if the
(a) Scope of review. (1) Upon the Commissioner determines that the Dated: August 3, 2015.
occurrence of a Triggering Event, as Controlling Participant is suspended,
provided in § 200.218, the Edward L. Golding,
debarred or subject to other restriction Principal Deputy Assistant Secretary for
Commissioner shall review the Previous under 2 CFR part 2424;
Participation of the relevant Controlling Housing.
(2) The Commissioner may [FR Doc. 2015–19529 Filed 8–7–15; 8:45 am]
Participants in considering whether to disapprove a Controlling Participant if
approve the participation of the the Commissioner determines:
BILLING CODE 4210–67–P
Controlling Participants in connection (i) The Controlling Participant is
with the Triggering Event. The restricted from doing business with any
Commissioner’s review of a Controlling ENVIRONMENTAL PROTECTION
other department or agency of the
Participant’s previous participation AGENCY
federal government; or
shall include previous financial and (ii) The Controlling Participant’s
operational performance in federal 40 CFR Part 52
record of Previous Participation reveals
programs that may indicate a financial significant risk to proceeding with the [EPA–R10–OAR–2015–0483; FRL–9931–84–
or operating risk in approving the Triggering Event. Region 10]
Controlling Participant’s participation (d) Alternatives to disapproval. In lieu
in the subject Triggering Event. The of disapproval, the Commissioner may: Approval and Promulgation of
Commissioner’s review shall consider (1) Condition or limit the Controlling Implementation Plans; Washington:
financial stability; previous performance Participant’s participation; Update to the Spokane Regional Clean
Air Agency Solid Fuel Burning Device
Lhorne on DSK7TPTVN1PROD with PROPOSALS
in accordance with HUD statutes, (2) Temporarily withhold issuing a
regulations and program requirements; determination in order to gather more Standards
general business practices and other necessary information; or AGENCY: Environmental Protection
factors that indicate that the Controlling (3) Require the Controlling Participant Agency.
Participant could not be expected to to remedy or mitigate outstanding ACTION: Proposed rule.
operate the project in a manner violations of HUD requirements to the
consistent with furthering the Commissioner’s satisfaction in order to SUMMARY: The Environmental Protection
Department’s purpose of supporting and participate in the Triggering Event. Agency (EPA) is proposing to approve a
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levels and replace them with PM2.5 The regulations require that seasoned are avoided during potential worst-case
trigger levels, consistent with the wood (defined as wood with a moisture periods. While the EPA’s guidance on
changes to Chapter 70.94.473 of the content of 20% or less) be burned in alternative emission limits also specifies
Washington Clean Air Act. woodstoves and fireplaces. The that the owner or operator’s actions
In this action, as the Governor’s regulations also specifically prohibit the during startup and shutdown periods
designee for revisions to the Washington burning of garbage (and other named should be documented by signed,
SIP, Ecology requested that the EPA materials) in woodstoves and fireplaces, contemporaneous operating logs or
approve changes to Regulation I, Article but does allow the burning of paper other relevant evidence, application of
VIII—Solid Fuel Burning Device sufficient to start a fire. These this recordkeeping requirement in this
Standards adopted by SRCAA on July provisions control the particulate matter case would be an unreasonable burden
10, 2014. This proposed SIP revision emissions from woodstoves and for individual home heating situations.
aligns the SRCAA solid fuel burning fireplaces on a continuous basis, See 80 FR 33840, June 12, 2015
device regulations with the Washington whereas the episodic curtailment [relevant discussion begins on page
Clean Air Act statutory changes program imposes additional restrictions 33913].
discussed above, as well as the EPA- on the use of woodstoves and fireplaces
approved changes to Ecology’s only when necessary to address the III. Proposed Action
statewide solid fuel burning device potential buildup of particulate matter
regulations (79 FR 26628, May 9, 2014). concentrations. The EPA is proposing to approve
SRCAA’s regulatory changes generally Finally, the regulations establish a Washington’s SIP revision received July
mirror the statewide Ecology regulations 20% opacity limit on smoke from 10, 2015. Specifically, the EPA is
and update the existing EPA-approved residential woodstoves and fireplaces. proposing to approve and incorporate
SRCAA regulations for improved clarity. This provision provides a visual by reference into the SIP the SRCAA
A document showing, in redline/strike- indicator for the proper operation of a regulations shown in Table 1. In
out, the changes, is included in the woodstove or fireplace, including the addition, Ecology and SRCAA
docket for this action. use of properly seasoned wood. The submitted Section 8.11, Regulatory
As discussed above, the 1994 p.m.10 20% opacity limit applies at all times Actions and Penalties to demonstrate
attainment plan for the Spokane area except during the starting of a fire and adequate enforcement authority to
included SWCAA Regulation I, Article the refueling of a woodstove or implement the program. Regulations
VIII that regulates particulate matter fireplace. However, during those times, describing agency enforcement
emissions from residential solid fuel the episodic curtailment program and authority are not generally incorporated
burning devices (e.g., woodstoves and other restrictions regulating fuel by reference into the SIP to avoid
fireplaces). These regulations include contained in the provisions described potential conflict with the EPA’s
several provisions that together provide above continue to apply, as clarified in independent authorities. Therefore, the
continuous control of particulate matter the June 22, 2015 letter from the EPA has reviewed and is proposing
emissions, including an episodic Spokane Regional Clean Air Agency. approval of Section 8.11 as having
curtailment program, restrictions Accordingly, this combination of adequate enforcement authority, but
concerning materials that can and regulatory provisions constitutes will not incorporate this section by
cannot be burned, and a limit on visible continuous emission limitations,
reference into the SIP codified in 40
emissions from residential chimneys. consistent with Federal Clean Air Act
The primary element of the solid fuel CFR 52.2470(c). Similarly, SRCAA
requirements. Specifically, reliance on
burning device regulations to help Section 8.04 incorporates by reference
the episodic curtailment program and
ensure maintenance of the NAAQS is other provisions regulating fuel the statewide Ecology solid fuel burning
the episodic curtailment program which described above serves as an adequate device regulations contained in WAC
restricts the use of woodstoves and alternative emission limit during the 173–433. To the extent that SRCAA’s
fireplaces on days that are conducive to starting and refueling of fires in regulations reference WAC 173–433–
the buildup of particulate matter residential woodstoves and fireplaces, 130, 173–433–170, and 173–433–200
concentrations. The curtailment when use of the 20% opacity limits which contain nuisance, fee, and
program restricts the use of woodstoves would be infeasible. Reliance on those enforcement provisions, Washington is
and fireplaces by calling stage 1 and requirements during starting and not submitting these provisions for
stage 2 burn bans consistent with the refueling periods is limited and specific approval, consistent with the EPA’s May
changes to Chapter 70.94.473 of the to the operation of residential stoves 9, 2014 final action on the statewide
Washington Clean Air Act. and fireplaces, minimizes the frequency Ecology regulations. See 79 FR 26628.
In addition to the episodic and duration of those periods, and We have made the determination that
curtailment program, the regulations minimizes the impact of emissions on this action is consistent with section
include provisions that impose ambient air quality during those 110 of the CAA. The EPA is soliciting
restrictions on what can be burned in periods, while the episodic curtailment public comments which will be
woodstoves and fireplaces at any time. program ensures that emission impacts considered before taking final action.
TABLE 1—SUBMITTED RULES
Citation State effective
Agency Title Submitted Explanation
(section) date
Lhorne on DSK7TPTVN1PROD with PROPOSALS
Regulation I—Article VIII—Solid Fuel Burning Device Standards
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
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TABLE 1—SUBMITTED RULES—Continued
Citation State effective
Agency Title Submitted Explanation
(section) date
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 Limit Solid 09/02/15 07/10/15
Fuel Burning Devices.
SRCAA ........ 8.10 Restrictions on Installation and Sales of 09/02/15 07/10/15
Solid Fuel Burning Devices.
IV. Incorporation by Reference in the Unfunded Mandates Reform Act ENVIRONMENTAL PROTECTION
In accordance with requirements of 1 of 1995 (Pub. L. 104–4); AGENCY
CFR 51.5, the EPA is proposing to revise • does not have Federalism
implications as specified in Executive 40 CFR Part 52
our incorporation by reference of 40
CFR 52.2470(c)—Table 9 ‘‘Additional Order 13132 (64 FR 43255, August 10,
Regulations Approved for the Spokane 1999); [EPA–R04–OAR–2015–0247; FRL–9932–23–
Region 4]
Regional Clean Air Agency (SRCAA) • is not an economically significant
Jurisdiction’’ to reflect the regulations regulatory action based on health or Approval and Promulgation of
shown in Table 1. The EPA has made, safety risks subject to Executive Order Implementation Plans; Mississippi;
and will continue to make, these 13045 (62 FR 19885, April 23, 1997); Memphis, TN-MS-AR Emissions
documents generally available • is not a significant regulatory action Statements for the 2008 8-Hour Ozone
electronically through subject to Executive Order 13211 (66 FR Standard
www.regulations.gov and/or in hard 28355, May 22, 2001);
copy at the appropriate EPA office (see AGENCY: Environmental Protection
• is not subject to requirements of
the ADDRESSES section of this preamble Agency.
Section 12(d) of the National
for more information). ACTION: Proposed rule.
Technology Transfer and Advancement
V. Statutory and Executive Order Act of 1995 (15 U.S.C. 272 note) because
this action does not involve technical SUMMARY: The Environmental Protection
Reviews
standards; and Agency (EPA) is proposing to approve a
Under the CAA, the Administrator is draft state implementation plan (SIP)
required to approve a SIP submission • does not provide the EPA with the revision submitted by the State of
that complies with the provisions of the discretionary authority to address, as Mississippi, through the Mississippi
CAA and applicable Federal regulations. appropriate, disproportionate human Department of Environmental Quality
42 U.S.C. 7410(k); 40 CFR 52.02(a). health or environmental effects, using (MDEQ) on June 1, 2015, for parallel
Thus, in reviewing SIP submissions, the practicable and legally permissible processing, to address the emissions
EPA’s role is to approve state choices, methods, under Executive Order 12898 statement requirements for the State’s
provided that they meet the criteria of (59 FR 7629, February 16, 1994). portion of the Memphis, Tennessee-
the CAA. Accordingly, this action In addition, this rule does not have Mississippi-Arkansas (Memphis, TN-
merely proposes to approve state law as tribal implications as specified by MS-AR) 2008 8-hour ozone national
meeting Federal requirements and does Executive Order 13175 (65 FR 67249, ambient air quality standards (NAAQS)
not impose additional requirements November 9, 2000), because it will not nonattainment area (hereafter referred to
beyond those imposed by state law. For impose substantial direct costs on tribal as the ‘‘Memphis, TN-MS-AR Area’’ or
that reason, this proposed action: governments or preempt tribal law. This ‘‘Area’’). Annual emissions reporting
• Is not a ‘‘significant regulatory SIP revision is not approved to apply in (i.e., emissions statements) is required
action’’ subject to review by the Office Indian reservations in the State or any for all ozone nonattainment areas. The
of Management and Budget under other area where the EPA or an Indian Area is comprised of Shelby County in
Executive Order 12866 (58 FR 51735, tribe has demonstrated that a tribe has Tennessee, Crittenden County in
October 4, 1993); jurisdiction. Arkansas, and a portion of DeSoto
• does not impose an information List of Subjects in 40 CFR Part 52 County in Mississippi. In a separate
collection burden under the provisions action, EPA approved Tennessee’s
of the Paperwork Reduction Act (44 Environmental protection, Air regulations addressing emissions
U.S.C. 3501 et seq.); pollution control, Incorporation by statements for its portion of the
• is certified as not having a
Lhorne on DSK7TPTVN1PROD with PROPOSALS
reference, and Particulate matter. Memphis, TN-MS-AR Area. EPA will
significant economic impact on a Authority: 42 U.S.C. 7401 et seq. consider and take action on the
substantial number of small entities emissions statements requirements for
under the Regulatory Flexibility Act (5 Dated: July 27, 2015. the Arkansas portion of this Area in a
U.S.C. 601 et seq.); Dennis J. McLerran, separate action. This proposed action is
• does not contain any unfunded Regional Adminstrator, Region 10. being taken pursuant to the Clean Air
mandate or significantly or uniquely [FR Doc. 2015–19280 Filed 8–7–15; 8:45 am] Act (CAA or Act) and its implementing
affect small governments, as described BILLING CODE 6560–50–P regulations.
VerDate Sep<11>2014 14:26 Aug 07, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\10AUP1.SGM 10AUP1](https://thefederalregister.org/doc/80_FR_48033/page/4.svg)
Document Created: 2015-12-15 12:11:51
Document Modified: 2015-12-15 12:11:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before September 9, 2015. | |
| Contact | Jeff Hunt at (206) 553-0256, | |
| FR Citation | 80 FR 47880 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Particulate Matter |
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