Air Plan Approval; Washington; Spokane Regional Clean Air Agency, General Air Quality Regulations

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R10-OAR-2024-0433: FRL-12248-02-R10]</DEPDOC> <SUBJECT>Air Plan Approval; Washington; Spokane Regional Clean Air Agency, General Air Quality Regulations</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is approving revisions to the Washington State Implementation Plan (SIP) that were submitted by the Department of Ecology (Ecology) in coordination with the Spokane Regional Clean Air Agency (SRCAA). In 2021, the EPA approved a comprehensive update to the SRCAA general air quality regulations in the SIP, which include new source review permitting requirements as well as other general requirements for sources regulated under SRCAA's jurisdiction. In this action, the EPA is approving additional updates to the SRCAA general air quality regulations promulgated since our comprehensive approval in 2021. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This final rule is effective May 16, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2024-0433. All documents in the docket are listed on the <E T="03">https://www.regulations.gov</E> website. Although listed in the index, some information is not publicly available, <E T="03">e.g.,</E> 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 <E T="03">https://www.regulations.gov,</E> or please contact the person listed in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section for additional availability information. <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> Throughout this document, wherever “we” or “our” is used, it means the EPA. <HD SOURCE="HD1">I. Background</HD> On November 14, 2024, the EPA proposed to approve minor revisions to the Spokane Regional Clean Air Agency general air quality regulations (89 FR 89942). The reasons for our proposed action are included in the proposal and will not be restated here. The public comment period closed on December 16, 2024. We received no comments on our proposed approval. <HD SOURCE="HD1">II. Final Action</HD> <HD SOURCE="HD2">A. Revisions to the Incorporation by Reference Section of the SIP</HD> The EPA is approving and incorporating by reference into the Washington SIP at 40 CFR 52.2470(c)— <E T="03">Table 9—Additional Regulations Approved for the Spokane Regional Clean Air Agency (SRCAA) Jurisdiction,</E> the following updated sections of Spokane Regional Clean Air Agency Regulation I, State effective July 15, 2023: • 1.01, <E T="03">Policy,</E> establishing the policy of the agency; • 1.04, <E T="03">Definitions,</E> establishing definitions used throughout Regulation I; • 2.08, <E T="03">Falsification of Statements or Documents, and Treatment of Documents,</E> establishing enforceable standards for the treatment of documents; • 2.13, <E T="03">Federal and State Regulation Reference Date,</E> adopting certain Federal and State regulatory provisions by reference; • 4.04, <E T="03">Stationary Sources and Source Categories Subject to Registration,</E> establishing which facilities are subject to permitting or other agency requirements; • 5.02, <E T="03">New Source Review—Applicability and when Required,</E> establishing when a permit is necessary for construction or modification of a source; • 5.04, <E T="03">Information Required,</E> establishing what information is necessary in applying for permits or other agency actions; • 5.05, <E T="03">Public Involvement,</E> establishing public involvement procedures for agency actions; • 5.07, <E T="03">Processing NOC Applications for Stationary Sources,</E> establishing agency procedures under the new source review program; • 5.08, <E T="03">Portable Sources,</E> establishing requirements and agency procedures for movable sources; • 5.10, <E T="03">Changes to an Order of Approval or Permission to Operate,</E> establishing requirements and procedures for permit modifications; • 5.13, <E T="03">Order of Approval Construction Time Limits,</E> establishing time limits and procedures for construction or modification of a stationary source; • 6.04, <E T="03">Emission of Air Contaminant: Detriment to Person or Property,</E> establishing emissions standards for public protection; • 8.01, <E T="03">Purpose,</E> establishing the purpose of Article VIII to address emissions from solid fuel burning devices; • 8.02, <E T="03">Applicability,</E> establishing the applicability of Article VIII provisions; • 8.03, <E T="03">Definitions,</E> establishing additional definitions used in Article VIII; • 8.04, <E T="03">Emission Performance Standards,</E> establishing standards for solid fuel burning devices; • 8.05, <E T="03">Opacity Standards,</E> establishing opacity standards for solid fuel burning devices; • 8.06, <E T="03">Prohibited Fuel Types,</E> standards to prevent the burning of refuse or other prohibited items in a solid fuel burning device; • 8.07, <E T="03">Curtailment,</E> establishing requirements and procedures for when solid fuel burning devices can be used; • 8.08, <E T="03">Exemptions,</E> providing exemptions to certain Article VIII requirements; • 8.09, <E T="03">Procedure to Geographically Limit Solid Fuel Burning Devices,</E> additional contingency measures should the Spokane area experience air quality violations; and • 8.10, <E T="03">Restrictions on Installation of Solid Fuel Burning Devices,</E> provisions banning the installation or sale of uncertified solid fuel burning devices. <HD SOURCE="HD2">B. Approved But Not Incorporated by Reference Regulations</HD> In addition to the regulations approved and incorporated by reference in section II.A. of this preamble, the EPA reviews and approves State and local air agency submissions to ensure they provide adequate enforcement authority and other general authority to implement and enforce the SIP. However, regulations describing such agency enforcement and other general authority are generally not incorporated by reference so as to avoid potential conflict with the EPA's independent authorities. Therefore, we are approving but not incorporating by reference the submitted revisions, effective July 15, 2023, to SRCAA Regulation I, sections 2.01, 2.03, 2.04, 2.05, 2.11, 2.12, and 8.11 in 40 CFR 52.2470(e), <E T="03">EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures.</E> <HD SOURCE="HD1">III. Incorporation by Reference</HD> 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 SRCAA Regulation I revisions, State effective July 15, 2023, as described in section II 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 <E T="03">https://www.regulations.gov</E> and at the EPA Region 10 Office (please contact the person identified in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section of this preamble for more information). 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. <SU>1</SU> <FTREF/> <FTNT> <SU>1</SU>  62 FR 27968 (May 22, 1997). </FTNT> <HD SOURCE="HD1">IV. Statutory and Executive Order Reviews</HD> 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 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 <E T="03">et seq.</E> ); • 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 <E T="03">et seq.</E> ); • 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 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 27k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━