Air Plan Approval; WA; Update to Materials Incorporated by Reference

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R10-OAR-2024-0151; FRL-11672-01-R10]</DEPDOC> <SUBJECT>Air Plan Approval; WA; Update to Materials Incorporated by Reference</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule; administrative change. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Washington State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by Washington and approved by the EPA. In this final rule, the EPA is also notifying the public of corrections and clarifying changes in the Code of Federal Regulations (CFR) tables that identify the materials incorporated by reference into the Washington SIP. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This action is effective August 19, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The SIP materials for which incorporation by reference into 40 CFR part 52 is finalized through this action are available for inspection at the following locations: Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA 98101; and <E T="03">www.regulations.gov.</E> To view the materials at the Region 10 Office, the EPA requests that you email the contact listed in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Jeff Hunt, EPA Region 10, 1200 Sixth Avenue—Suite 155, Seattle, WA 98101, at (206) 553-0256, or <E T="03">hunt.jeff@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to the EPA. Once these control measures and strategies are approved by EPA, and after notice and comment, they are incorporated into the federally approved SIP and are identified in part 52, “Approval and Promulgation of Implementation Plans,” of Title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the state regulation approved by the EPA is not reproduced in its entirety in 40 CFR part 52 but is “incorporated by reference.” This means that the EPA has approved a given state regulation or specified changes to the given regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. The information provided allows the EPA and the public to monitor the extent to which a state implements a SIP to attain and maintain the NAAQS and to take enforcement action for violations of the SIP. The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state. Therefore, the EPA from time to time must take action on proposed revisions containing new or revised state regulations. A submission from a state can revise one or more rules in their entirety, or portions of rules. The state indicates the changes in the submission (such as by using redline/strikethrough text) and the EPA then takes action on the requested changes. The EPA establishes a docket for its actions using a unique Docket Identification Number, which is listed in each action. These dockets and the complete submission are available for viewing on <E T="03">www.regulations.gov.</E> On May 22, 1997 (62 FR 27968), the EPA revised the procedures for incorporating by reference, into the Code of Federal Regulations, materials approved by the EPA into each SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing the EPA approval of revisions to a SIP, and streamlined the mechanisms for the EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for the EPA to maintain “SIP Compilations” that contain the federally approved regulations and source-specific permits submitted by each state agency. The EPA generally updates these SIP Compilations every few years. Under the revised procedures, the EPA must periodically publish an informational document in the rules section of the <E T="04">Federal Register</E> notifying the public that updates have been made to a SIP Compilation for a particular state. The EPA began applying the 1997 revised procedures to the Washington SIP on March 20, 2013 ((78 FR 17108). The EPA subsequently published updates to the IBR materials for Washington on December 8, 2014 (79 FR 72548), April 12, 2016 (70 FR 21470), February 8, 2019 (84 FR 2738), and August 3, 2021 (86 FR 41716). <HD SOURCE="HD2">A. Approved and Incorporated by Reference Regulatory Materials</HD> Since the last IBR update, the EPA approved and incorporated by reference the following regulatory materials into the Washington SIP: <HD SOURCE="HD3">Table 1—Regulations Approved Statewide</HD> • Washington Administrative Code, Chapter 173-423, Low Emission Vehicles, sections 010 (Purpose), 020 (Applicability), 025 (Effective Date), 030 (Incorporation by Reference), 040 (Definitions and Abbreviations), 050 (Requirement to Meet California Vehicle Emission Standards), 060 (Exemptions), 070 (Emission Standards, Warranty, Recall and Other California Provisions Adopted by Reference), 080 (Fleet Average Nonmethane Organic Gas (NMOG) and NMOG Plus NO <E T="52">X</E> Exhaust Emission Requirements, Reporting and Compliance), 100 (Manufacturer Delivery Reporting Requirements), 110 (Warranty Requirements), 120 (Recalls), 130 (Surveillance), 140 (Enforcement), and 150 (Severability). For more information, see 86 FR 61705 (November 8, 2021). • Washington Administrative Code, Chapter 332-24—Forest Protection, sections 332-24-201 (Burning Permit Program—Requirements and Exceptions), 332-24-205 (General rules—Minimum Requirements for All Burning), 332-24-211 (Specific rules for small fires not requiring a written burning permit), 332-24-217 (Burning permit requirements—Penalty), and 332-24-221 (Specific Rules for Burning That Requires a Written Burning Permit). For more information, see 88 FR 54240 (August 10, 2023). • Revised Code of Washington, Chapter 52.12—Fire Protection Districts, Powers—Burning Permits, sections 52.12.103 (Burning permits—Issuance—Contents) and 52.12.104 (Burning permits—Duties of permittee). For more information, see 88 FR 54240 (August 10, 2023). • Revised Code of Washington, Chapter 70A.15—Washington Clean Air Act, sections 70A.15.1030(21) (Definitions. “Silvicultural burning”), 70A.15.5000 (Definition of “outdoor burning”), 70A.15.5010(2) (Outdoor burning—Fires prohibited—Exceptions), 70A.15.5020 (Outdoor burning—Areas where prohibited—Exceptions—Use for management of storm or flood-related debris—Silvicultural burning), 70A.15.5120 (Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—issuance—Fees), 70A.15.5130 (Silvicultural forest burning—Reduce statewide emissions Exemption—Monitoring program), 70A.15.5140 (Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Conditions for issuance and use of permits—Air quality standards to be met—Alternate methods to lessen forest debris), 70A.15.5150 (Cooperation between department of natural resources and state, local, or regional air pollution authorities—Withholding of permits), and 70A.15.5190 (Outdoor burning allowed for managing storm or flood-related debris). For more information, see 88 FR 54240 (August 10, 2023). • Revised Code of Washington, Chapter 76.04—Forest Protection, sections 76.04.005 (Definitions) and 76.04.205 (Burning Permits—Civil Penalty). For more information, see 88 FR 54240 (August 10, 2023). • Washington Administrative Code, Chapter 173-405—Kraft Pulping Mills, section 173-405-040 (Emissions Standards), Chapter 173-410—Sulfite Pulping Mills, section 173-410-040 (Emissions Standards), and Chapter 173-415—Primary Aluminum Plants section 173-415-030 (Emissions Standards). For more information, see 88 FR 89582 (December 28, 2023). <HD SOURCE="HD3">Table 2—Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction</HD> • Washington Administrative Code, Chapter 173-400, General Regulations for Air Pollution Sources, sections 173-400-030 (Definitions), 173-400-070 (Emission Standards for Certain Source Categories), 173-400-081 (Startup and Shutdown), 173-400-082 (Alternative Emissions Limit That Exceeds an Emission Standard in the SIP) and 173-400-171 (Public Notice and Opportunity for Public Comment). For more information, see 88 FR 89582 (December 28, 2023). <HD SOURCE="HD3">Table 4—Additional Regulations Approved for the Benton Clean Air Agency (BCAA) Jurisdiction</HD> • Washington Administrative Code, Chapter 173-400, General Regulations for Air Pollution Sources, sections 173-400-030 (Definitions), 173-400-070 (Emission Standar ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 206k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━