Approval and Promulgation of Implementation Plans; Washington: Update to the Spokane Regional Clean Air Agency Solid Fuel Burning Device Standards, 47880-47883 [2015-19280]

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Proposed Rules]
[Pages 47880-47883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19280]

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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.

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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: R10-Public_Comments@epa.gov.
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,
hunt.jeff@epa.gov, 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 (PM10) 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
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State
Agency Citation Title effective Submitted Explanation
(section) date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation I--Article VIII--Solid Fuel Burning Device Standards
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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.
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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]
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