Air Plan Approval; Washington; Update to the Yakima Regional Clean Air Agency Wood Heater and Burn Ban Regulations, 3435-3437 [2022-01178]
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Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations
3435
TABLE 1 OF § 1010.821—PENALTY ADJUSTMENT TABLE—Continued
U.S. Code citation
31 U.S.C. 5330(e) .................................................
Himamauli Das,
Acting Director, Financial Crimes
Enforcement Network.
[FR Doc. 2022–01284 Filed 1–21–22; 8:45 am]
BILLING CODE 4810–02–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2021–0750, FRL–9189–02–
R10]
Air Plan Approval; Washington;
Update to the Yakima Regional Clean
Air Agency Wood Heater and Burn Ban
Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Yakima Regional Clean Air Agency
(YRCAA) regulations designed to
control particulate matter from
residential wood heaters, such as
woodstoves and fireplaces. The updated
YRCAA regulations set fine particulate
matter trigger levels for impaired air
quality burn bans, consistent with
statutory changes enacted by the
Washington State Legislature. The
submission also contains updates to
improve the clarity of the language and
align with the statewide solid fuel
burning device regulations already
applicable in YRCAA’s jurisdiction. We
are approving these changes because
they meet the requirements of the Clean
Air Act (CAA) and strengthen the
Washington State Implementation Plan
(SIP).
DATES: This final rule is effective
February 23, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2021–0750. 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
jspears on DSK121TN23PROD with RULES1
SUMMARY:
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Penalties as
last amended by
statute
Civil monetary penalty description
Civil Penalty for Failure to Register as Money
Transmitting 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,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
the EPA.
I. Background
On November 18, 2021, we proposed
to approve and incorporate by reference
Regulation 1, sections 3.04 Wood
Heaters and 3.05 Burn Bans, adopted by
YRCAA effective November 9, 2020 (86
FR 64438). The reasons for our proposed
approval were stated in the proposed
rulemaking and will not be re-stated
here. The public comment period for
our proposed approval ended on
December 20, 2021, and we received no
comments. Therefore, we are finalizing
our action as proposed.
II. Final Action
The EPA is approving and
incorporating by reference Regulation 1,
sections 3.04 Wood Heaters and 3.05
Burn Bans, adopted by YRCAA effective
November 9, 2020. We are also
removing from the SIP the outdated
1993 and 1995 Article IX provisions
Woodstoves and Fireplaces, which are
replaced by sections 3.04 and 3.05.
III. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text in an EPA final
rule that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
finalizing the incorporation by reference
of the regulations described in section II
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
Maximum penalty
amounts or range
of minimum and
maximum penalty
amounts for
penalties
assessed on or
after 1/24/2022
5,000
9,250
of this preamble. 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).
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 CAA as of
the effective date of the final rule of the
EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
IV. Statutory and Executive Order
Review
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 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 13563 (76 FR 3821,
January 21, 2011);
• 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
1 62
E:\FR\FM\24JAR1.SGM
FR 27968 (May 22, 1997).
24JAR1
3436
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations
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
application of those requirements would
be inconsistent with the Clean Air Act;
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).
The SIP is not approved to apply on
any Indian reservation land in
Washington except as specifically noted
below and is also not approved to apply
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 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).
Consistent with EPA policy, the EPA
provided an opportunity to request
consultation to the Confederated Tribes
and Bands of the Yakama Nation in a
letter dated April 5, 2021.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 25, 2022. 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 18, 2022.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended 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, Table 10 in paragraph
(c) is amended by:
■ a. Adding a second entry for ‘‘3.04’’
and the entry ‘‘3.05’’ in numerical order
under the heading ‘‘Article III—
Violations—Orders and Hearings’’; and
■ b. Removing the heading ‘‘Article IX—
Woodstoves and Fireplaces’’ and the
entries ‘‘9.01’’, ‘‘9.02’’, ‘‘9.03’’, ‘‘9.04’’,
and ‘‘9.05’’.
The additions read as follows:
■
§ 52.2470
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 10—ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL CLEAN AIR AGENCY (YRCAA)
JURISDICTION
[Applicable in Yakima County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations
and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability
sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012]
State/local
citation
*
State/local
effective
date
Title/subject
*
EPA approval
date
*
*
Explanations
*
*
*
*
*
*
*
Article III—Violations—Orders and Hearings
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*
3.04 ................
3.05 ................
*
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*
Wood Heaters ....
Burn Bans ..........
*
16:18 Jan 21, 2022
*
11/9/20
11/9/20
*
*
1/24/22, [INSERT Federal Register CITATION].
1/24/22, [INSERT Federal Register CITATION].
*
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Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations
*
*
*
*
*
[FR Doc. 2022–01178 Filed 1–21–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0380; FRL–9288–02–
R3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Reasonably Available
Control Technology Determinations for
Case-by-Case Sources Under the 1997
and 2008 8-Hour Ozone National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jspears on DSK121TN23PROD with RULES1
AGENCY:
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: Mr.
Riley Burger, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2217.
Mr. Burger can also be reached via
electronic mail at burger.riley@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 2, 2021, EPA published a
notice of proposed rulemaking (NPRM).
86 FR 41426. In the NPRM, EPA
SUMMARY: The Environmental Protection proposed approval of case-by-case
Agency (EPA) is approving multiple
RACT determinations or alternative
state implementation plan (SIP)
NOX emissions limits for sources at 24
revisions submitted by the
facilities, as EPA found that the RACT
Commonwealth of Pennsylvania. These
controls for these sources met the CAA
revisions were submitted by the
RACT requirements for the 1997 and
Pennsylvania Department of
2008 8-hour ozone NAAQS. These caseEnvironmental Protection (PADEP) to
by-case RACT determinations or
establish and require reasonably
alternative NOX emissions limits for
available control technology (RACT) for sources at these facilities were included
24 major volatile organic compound
in PADEP’s May 7, 2020 SIP submission
(VOC) and/or nitrogen oxide (NOX)
on. As indicated in the NPRM, EPA
emitting facilities pursuant to the
views each facility as a separable SIP
Commonwealth of Pennsylvania’s
revision.
conditionally approved RACT
Under certain circumstances, states
regulations. In this rule action, EPA is
are required to submit SIP revisions to
approving source-specific (also referred
address RACT requirements for both
to as case-by-case or CbC) RACT
major sources of NOX and VOC and any
determinations or alternative NOX
source covered by control technique
emissions limits for sources at 24 major
guidelines (CTG), for each ozone
NOX and VOC emitting facilities within NAAQS. Which NOX and VOC sources
the Commonwealth submitted by
in Pennsylvania are considered ‘‘major,’’
PADEP. These RACT evaluations were
and are therefore subject to RACT, is
submitted to meet RACT requirements
dependent on the location of each
for the 1997 and 2008 8-hour ozone
source within the Commonwealth.
national ambient air quality standards
Sources located in nonattainment areas
(NAAQS). EPA is approving these
would be subject to the ‘‘major source’’
revisions to the Pennsylvania SIP in
definitions established under the CAA
accordance with the requirements of the based on the area’s current
Clean Air Act (CAA) and EPA’s
classification(s). In Pennsylvania,
implementing regulations.
sources located in any ozone
DATES: This final rule is effective on
nonattainment areas outside of
February 23, 2022.
moderate or above are subject to source
ADDRESSES: EPA has established a
thresholds of 50 tons per year (tpy)
docket for this action under Docket ID
because of the Ozone Transport Region
Number EPA–R03–OAR–2021–0380. All (OTR) requirements in CAA section
documents in the docket are listed on
184(b)(2).
On May 16, 2016, PADEP submitted
the https://www.regulations.gov
a SIP revision addressing RACT for both
website. Although listed in the index,
the 1997 and 2008 8-hour ozone
some information is not publicly
NAAQS in Pennsylvania. PADEP’s May
available, e.g., confidential business
16, 2016 SIP revision intended to
information (CBI) or other information
whose disclosure is restricted by statute. address certain outstanding non-CTG
VOC RACT, VOC CTG RACT, and major
Certain other material, such as
source VOC and NOX RACT
copyrighted material, is not placed on
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3437
requirements for both standards. The
SIP revision requested approval of
Pennsylvania’s 25 Pa. Code 129.96–100,
Additional RACT Requirements for
Major Sources of NOX and VOCs (the
‘‘presumptive’’ RACT II rule). Prior to
the adoption of the RACT II rule,
Pennsylvania relied on the NOX and
VOC control measures in 25 Pa. Code
129.92–95, Stationary Sources of NOX
and VOCs, (the RACT I rule) to meet
RACT for non-CTG major VOC sources
and major NOX sources. The
requirements of the RACT I rule remain
as previously approved in
Pennsylvania’s SIP and continue to be
implemented as RACT.1 On September
26, 2017, PADEP submitted a letter,
dated September 22, 2017, which
committed to address various
deficiencies identified by EPA in
PADEP’s May 16, 2016 ‘‘presumptive’’
RACT II rule SIP revision.
On May 9, 2019, EPA conditionally
approved the RACT II rule based on the
commitments PADEP made in its
September 22, 2017 letter.2 84 FR
20274. In EPA’s final conditional
approval, EPA noted that PADEP would
be required to submit, for EPA’s
approval, SIP revisions to address any
facility-wide or system-wide NOX
emissions averaging plans approved
under 25 Pa. Code 129.98 and any caseby-case RACT determinations under 25
Pa. Code 129.99. PADEP committed to
submitting these additional SIP
revisions within 12 months of EPA’s
final conditional approval (i.e., by May
9, 2020). Through multiple submissions
between 2017 and 2020, PADEP has
submitted to EPA for approval various
SIP submissions to implement its RACT
II case-by-case determinations and
alternative NOX emissions limits. This
rule is based on EPA’s review of one of
these SIP revisions.
II. Summary of SIP Revision and EPA
Analysis
A. Summary of SIP Revision
To satisfy a requirement from EPA’s
May 9, 2019 conditional approval,
PADEP submitted to EPA SIP revisions
addressing alternative NOX emissions
limits and/or case-by-case RACT
1 The RACT I Rule was approved by EPA into the
Pennsylvania SIP on March 23, 1998. 63 FR 13789.
Through this RACT II rule, certain source-specific
RACT I requirements will be superseded by more
stringent requirements. See Section II of the
preamble to this final rule.
2 On August 27, 2020, the Third Circuit Court of
Appeals issued a decision vacating EPA’s approval
of three provisions of Pennsylvania’s presumptive
RACT II rule applicable to certain coal-fired power
plants. Sierra Club v. EPA, 972 F.3d 290 (3d Cir.
2020). None of the sources in this final rule are
subject to the presumptive RACT II provisions at
issue in that Sierra Club decision.
E:\FR\FM\24JAR1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Rules and Regulations]
[Pages 3435-3437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01178]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2021-0750, FRL-9189-02-R10]
Air Plan Approval; Washington; Update to the Yakima Regional
Clean Air Agency Wood Heater and Burn Ban Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Yakima Regional Clean Air Agency (YRCAA) regulations
designed to control particulate matter from residential wood heaters,
such as woodstoves and fireplaces. The updated YRCAA regulations set
fine particulate matter trigger levels for impaired air quality burn
bans, consistent with statutory changes enacted by the Washington State
Legislature. The submission also contains updates to improve the
clarity of the language and align with the statewide solid fuel burning
device regulations already applicable in YRCAA's jurisdiction. We are
approving these changes because they meet the requirements of the Clean
Air Act (CAA) and strengthen the Washington State Implementation Plan
(SIP).
DATES: This final rule is effective February 23, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2021-0750. 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
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it means the EPA.
I. Background
On November 18, 2021, we proposed to approve and incorporate by
reference Regulation 1, sections 3.04 Wood Heaters and 3.05 Burn Bans,
adopted by YRCAA effective November 9, 2020 (86 FR 64438). The reasons
for our proposed approval were stated in the proposed rulemaking and
will not be re-stated here. The public comment period for our proposed
approval ended on December 20, 2021, and we received no comments.
Therefore, we are finalizing our action as proposed.
II. Final Action
The EPA is approving and incorporating by reference Regulation 1,
sections 3.04 Wood Heaters and 3.05 Burn Bans, adopted by YRCAA
effective November 9, 2020. We are also removing from the SIP the
outdated 1993 and 1995 Article IX provisions Woodstoves and Fireplaces,
which are replaced by sections 3.04 and 3.05.
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text in an EPA
final rule that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the regulations described in section II of this preamble.
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).
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 CAA as of the effective date of the final rule of the EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Review
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 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 13563 (76 FR 3821, January 21,
2011);
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
[[Page 3436]]
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 application of those requirements would be inconsistent
with the Clean Air Act; 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).
The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted below and is also not approved
to apply 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 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).
Consistent with EPA policy, the EPA provided an opportunity to request
consultation to the Confederated Tribes and Bands of the Yakama Nation
in a letter dated April 5, 2021.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 25, 2022. 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 18, 2022.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
0
2. In Sec. 52.2470, Table 10 in paragraph (c) is amended by:
0
a. Adding a second entry for ``3.04'' and the entry ``3.05'' in
numerical order under the heading ``Article III--Violations--Orders and
Hearings''; and
0
b. Removing the heading ``Article IX--Woodstoves and Fireplaces'' and
the entries ``9.01'', ``9.02'', ``9.03'', ``9.04'', and ``9.05''.
The additions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
Table 10--Additional Regulations Approved for the Yakima Regional Clean Air Agency (YRCAA) Jurisdiction
[Applicable in Yakima County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC)
jurisdiction, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction, and facilities subject to the applicability sections of WAC 173-400-700, 173-405-012,
173-410-012, and 173-415-012]
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State/local
State/local citation Title/subject effective date EPA approval date Explanations
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* * * * * * *
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Article III--Violations--Orders and Hearings
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* * * * * * *
3.04................... Wood Heaters.............. 11/9/20 1/24/22, [INSERT
Federal Register
CITATION].
3.05................... Burn Bans................. 11/9/20 1/24/22, [INSERT
Federal Register
CITATION].
* * * * * * *
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[[Page 3437]]
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[FR Doc. 2022-01178 Filed 1-21-22; 8:45 am]
BILLING CODE 6560-50-P
