Air Plan Approval; WA; Smoke Management Plan Update, 54240-54244 [2023-16409]
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54240
Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Rules and Regulations
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401–404, 414, 416, 3001–3018, 3201–3220,
3401–3406, 3621, 3622, 3626, 3629, 3631–
3633, 3641, 3681–3685, and 5001.
200 Commercial Letters, Flats, and
Parcels
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204
Barcode Standards
2. Revise the Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM) as follows:
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Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
2.1
Intelligent Mail Package Barcode
PART 111—[AMENDED]
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1. The authority citation for 39 CFR
part 111 continues to read as follows:
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List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
■
Accordingly, 39 CFR part 111 is
amended as follows:
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2.0 Standards for Package and Extra
Service Barcodes
2.1.8
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Compliance Quality Thresholds
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EXHIBIT 2.1.8—IMpb COMPLIANCE QUALITY THRESHOLDS
Compliance
codes
Compliance categories
*
Barcode Quality * * *.
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[Revise the text in the ‘‘Barcode
Quality’’ compliance category under the
‘‘Validation’’ column by adding a third
validation to read as follows:]
• The IMpb must include a valid,
unique 3-digit Service Type Code that
accurately represents the mail class,
product, and service combination on the
physical label affixed to the package and
the electronic package level details and
Extra Services Code(s) in the Shipping
Services File.
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Sarah Sullivan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2023–16981 Filed 8–9–23; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2022–0731, FRL–10545–
02–R10]
Air Plan Approval; WA; Smoke
Management Plan Update
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is approving Washington
State Implementation Plan (SIP)
revisions submitted on August 10, 2022.
The submitted revisions incorporate the
most recent updates to Washington’s
Smoke Management Plan and reflect
state legislative and regulatory changes.
SUMMARY:
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Validations
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The EPA is approving the revisions
based on our determination that the
revisions are consistent with Clean Air
Act requirements.
DATES: This final rule is effective
September 11, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2022–0731. 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:
Randall Ruddick, EPA Region 10, 1200
Sixth Avenue (Suite 155), Seattle, WA
98101, (206) 553–1999,
ruddick.randall@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’ or ‘‘our’’ is used, it means the
EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
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I. Background
On March 23, 2023, the EPA proposed
to approve Washington’s August 10,
2022, SIP submission revising the
Washington Smoke Management Plan
(88 FR 17481). The reasons for our
proposed approval are included in the
proposal and will not be restated here.
The public comment period closed on
April 24, 2023. We received one
anonymous comment in support of our
proposed action; therefore, we are
finalizing our action as proposed.
II. Final Action
The EPA is approving and
incorporating by reference, where
appropriate, Washington’s 2022
submitted revisions into the Washington
SIP 40 CFR part 52, subpart WW as
discussed in our March 23, 2023,
proposed approval (88 FR 17481). Once
this approval becomes effective, the
Washington SIP will include the
following statutes and regulations:
• RCW 52.12.103, Burning Permits—
Issuance—Contents (state effective
March 27, 1984);
• RCW 52.12.104, Burning Permits—
Duties of permittee (state effective
March 27, 1984);
• RCW 76.04.005, Definitions. (1)
‘‘Additional fire hazard’’ (5)
‘‘Department protected lands’’ (9)
‘‘Forest debris’’ (11) ‘‘Forestland’’ (12)
‘‘Forestland owner,’’ ‘‘owner of
forestland,’’ ‘‘landowner,’’ or ‘‘owner’’
(13) ‘‘Forest material’’ (15) ‘‘Landowner
operation’’ (18) ‘‘Participating
landowner’’ (20) ‘‘Slash’’ (21) ‘‘Slash
burning’’ (23) ‘‘Unimproved lands’’
(state effective July 24, 2015);
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• RCW 76.04.205, Burning Permits—
Civil Penalty (state effective July 25,
2021);
• RCW 70A.15.1030, Definitions. (21)
‘‘Silvicultural burning’’ (state effective
June 11, 2020);
• RCW 70A.15.5000, Definition of
‘‘outdoor burning’’ (state effective July
26, 2020);
• RCW 70A.15.5010, (2) Outdoor
burning—Fires prohibited—Exceptions
(state effective June 11, 2020);
• RCW 70A.15.5020, Outdoor
burning—Areas where prohibited—
Exceptions—Use for management of
storm or flood-related debris—
Silvicultural burning, except (3) (state
effective June 11, 2020);
• RCW 70A.15.5120, Burning permits
for abating or prevention of forest fire
hazards, management of ecosystems,
instruction on silvicultural operations—
Issuance—Fees (state effective June 11,
2020);
• RCW 70A.15.5130, Silvicultural
forest burning—Reduce statewide
emissions—Exemption—Monitoring
program (state effective July 28, 2019);
• RCW 70A.15.5140, Burning permits
for abating or prevention of forest fire
hazards, management of ecosystems,
instruction on silvicultural operations—
Conditions for issuance and use of
permits—Air quality standards to be
met—Alternate methods to lessen forest
debris (state effective June 11, 2020);
• RCW 70A.15.5150, Cooperation
between department of natural
resources and state, local, or regional air
pollution authorities—Withholding of
permits (state effective June 11, 2020);
• RCW 70A.15.5190, Outdoor
burning allowed for managing storm or
flood related debris (state effective June
11, 2020);
• WAC 332–24–201, Burning Permit
Program—Requirements and Exceptions
(state effective June 30, 1992);
• WAC 332–24–205, General rules—
minimum requirements for all burning,
except (13) (state effective November 22,
2019);
• WAC 332–24–211, Specific rules for
small fires not requiring a written
burning permit (solely for the purpose
of establishing the size threshold for
burns covered by the Smoke
Management Plan) (state effective June
30, 1992);
• WAC 332–24–217, Burning
permit—penalty (state effective June 30,
1992);
• WAC 332–24–221, Specific rules for
burning that requires a written burning
permit (state effective February 1, 2012).
In addition, the EPA is proposing to
approve, but not incorporate by
reference, into the Washington SIP at 40
CFR part 52, subpart WW the
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Department of Natural Resources Smoke
Management Plan, state effective May
10, 2022 (including all Appendices to
such plan), as such plan applies to
silvicultural burning regulated by DNR.
We note that, as provided in 40 CFR
52.2476 of the Washington SIP, any
variance or exception to the 2022 SMP
granted by DNR or Ecology must be
submitted by Washington for approval
to EPA in accordance with the
requirements for revising SIPs in 40 CFR
51.104 and any such variance or
exception does not modify the
requirements of the federally approved
Washington SIP until approved by EPA
as a SIP revision.
III. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of regulatory provisions
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 reasonably 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 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.1
IV. Statutory and Executive Order
Reviews
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 Orders 12866 (58 FR 51735,
1 62
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FR 27968 (May 22, 1997).
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54241
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
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); and
• 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.
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The air agency did not evaluate
environmental justice considerations as
part of its SIP submittal; the Clean Air
Act and applicable implementing
regulations neither prohibit nor require
such an evaluation. The EPA did not
perform an EJ analysis and did not
consider EJ in this action. Due to the
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Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Rules and Regulations
nature of this action, it is expected to
have a neutral to positive impact on the
air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of Executive Order
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
In addition, 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 as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
Washington’s SIP is approved to apply
on non-trust land within the exterior
boundaries of the Puyallup Indian
Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe
of Indians Settlement Act of 1989, 25
U.S.C. 1773, Congress explicitly
provided state and local agencies in
Washington authority over activities on
non-trust lands within the 1873 Survey
Area. Consistent with EPA policy, the
EPA provided a consultation
opportunity to potentially affected tribes
in a letter dated May 24, 2022.
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 10, 2023.
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, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: July 12, 2023.
Casey Sixkiller,
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:
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Authority: 42 U.S.C. 7401 et seq.
■
§ 52.2470
Subpart WW—Washington
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a. In paragraph (c), table 1, by adding:
i. The heading ‘‘Washington
Administrative Code, Chapter 332–24—
Forest Protection’’ and the entries ‘‘332–
24–201’’, ‘‘332–24–205’’, ‘‘332–24–211’’,
‘‘332–24–217’’, and ‘‘332–24–221’’
immediately after the entry ‘‘173–492–
100’’;
■ ii. The heading ‘‘Revised Code of
Washington, Chapter 52.12—Fire
Protection Districts, Powers—Burning
Permits’’ and the entries ‘‘52.12.103’’
and ‘‘52.12.104’’ immediately after
newly added entry ‘‘332–24–221’’;
■ iii. The heading ‘‘Revised Code of
Washington, Chapter 70A.15—
Washington Clean Air Act’’ and the
entries ‘‘70A.15.1030(21)’’,
‘‘70A.15.5000’’, ‘‘70A.15.5010(2)’’,
‘‘70A.15.5020’’, ‘‘70A.15.5120’’,
‘‘70A.15.5130’’, ‘‘70A.15.5140’’,
‘‘70A.15.5150’’, ‘‘70A.15.5190’’
immediately after newly added entry
‘‘52.12.104’’; and
■ iv. The heading ‘‘Revised Code of
Washington, Chapter 76.04—
Washington Clean Air Act’’ and the
entries ‘‘76.04.005’’ and ‘‘76.04.205’’
immediately after newly added entry
‘‘70A.15.5190’’; and
■ b. In paragraph (e), table 2, by adding
the heading ‘‘Smoke Management
Planning’’ and the entry ‘‘Department of
Natural Resources 2022 Smoke
Management Plan’’ immediately after
the entry for ‘‘Regional Haze Progress
Report’’.
The additions read as follows:
■
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2. Amend § 52.2470 as follows:
Identification of plan.
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(c) * * *
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TABLE 1—REGULATIONS APPROVED STATEWIDE
[Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation) and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.]
State citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
Explanations
*
*
*
Washington Administrative Code, Chapter 332–24—Forest Protection
332–24–201 ......
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332–24–205 ......
332–24–211 ......
332–24–217 ......
VerDate Sep<11>2014
Burning Permit Program—Requirements and Exceptions.
General rules—Minimum Requirements for All Burning.
Specific rules for small fires not requiring a written burning permit.
Burning permit requirements—Penalty.
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6/30/92
11/22/19
7/31/92
8/10/2023, [INSERT Federal Register CITATION].
8/10/2023, [INSERT Federal Register CITATION].
8/10/2023, [INSERT Federal Register CITATION].
7/31/92
8/10/2023, [INSERT Federal Register CITATION].
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Except section (13).
Included for the purpose of
setting the size limit for
burns covered by the Department of Natural Resources 2022 Smoke Management Plan in paragraph
(e), Table 2.
Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Rules and Regulations
54243
TABLE 1—REGULATIONS APPROVED STATEWIDE—Continued
[Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation) and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.]
State citation
State
effective
date
Title/subject
332–24–221 ......
Specific Rules for Burning That Requires a Written Burning Permit.
2/1/12
EPA approval date
Explanations
8/10/2023, [INSERT Federal Register CITATION].
Revised Code of Washington, Chapter 52.12—Fire Protection Districts, Powers—Burning Permits
52.12.103 ..........
52.12.104 ..........
Burning permits—Issuance—Contents..
Burning permits—Duties of permittee
3/27/84
3/27/84
8/10/2023, [INSERT Federal Register CITATION].
8/10/2023, [INSERT Federal Register CITATION].
Revised Code of Washington, Chapter 70A.15—Washington Clean Air Act
70A.15.1030(21)
Definitions. ‘‘Silvicultural burning’’ ......
6/11/20
70A.15.5000 ......
Definition of ‘‘outdoor burning’’ ...........
7/26/20
70A.15.5010 (2)
Outdoor burning—Fires prohibited—
Exceptions.
Outdoor burning—Areas where prohibited—Exceptions—Use for management of storm or flood-related
debris—Silvicultural burning.
Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction
or silvicultural operations—
issuance—Fees.
Silvicultural forest burning—Reduce
statewide emissions Exemption—
Monitoring program.
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.
Cooperation between department of
natural resources and state, local,
or regional air pollution authorities—Withholding of permits.
Outdoor burning allowed for managing storm or flood-related debris.
6/11/20
70A.15.5020 ......
70A.15.5120 ......
70A.15.5130 ......
70A.15.5140 ......
70A.15.5150 ......
70A.15.5190 ......
6/11/20
8/10/2023, [INSERT
ister CITATION].
8/10/2023, [INSERT
ister CITATION].
8/10/2023, [INSERT
ister CITATION].
8/10/2023, [INSERT
ister CITATION].
Federal RegFederal RegFederal Reg-
Except (1).
Federal Reg-
Except (3).
6/11/20
8/10/2023, [INSERT Federal Register CITATION].
7/28/19
8/10/2023, [INSERT Federal Register CITATION].
6/11/20
8/10/2023, [INSERT Federal Register CITATION].
6/11/20
8/10/2023, [INSERT Federal Register CITATION].
6/11/20
8/10/2023, [INSERT Federal Register CITATION].
Revised Code of Washington, Chapter 76.04—Washington Clean Air Act
76.04.005 ..........
Definitions ...........................................
7/24/15
8/10/2023, [INSERT Federal Register CITATION].
76.04.205 ..........
Burning Permits—Civil Penalty ..........
7/25/21
8/10/2023, [INSERT Federal Register CITATION].
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(e) * * *
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Except (2), (3), (4), (6), (7),
(8), (10), (14), (16), (17),
(19), (22)
54244
Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Rules and Regulations
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable
geographic or
nonattainment
area
Name of SIP provision
*
*
State
submittal
date
*
EPA approval date
*
*
*
Explanations
*
Smoke Management Planning
Department of Natural Resources 2022
Smoke Management Plan.
*
Statewide ..........
*
*
[FR Doc. 2023–16409 Filed 8–9–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0158; FRL–11022–01–
OCSPP]
(2S)-5-Oxopyrrolidine-2-carboxylic
Acid (L–PCA); Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of (2S)-5Oxopyrrolidine-2-carboxylic Acid (L–
PCA) in or on all food commodities
when used as a plant growth regulator
in accordance with label directions and
good agricultural practices. Exponent,
on behalf of Verdesian Life Sciences
U.S., LLC, submitted a petition,
pursuant to the Federal Food, Drug, and
Cosmetic Act (FFDCA), asking the EPA
to amend its regulations to establish an
exemption from the requirement of a
tolerance for residues of the pesticide,
when used as a plant growth regulator
on agricultural crops, turf and
ornamental plants. Instead, EPA is
establishing an exemption from the
requirement of a tolerance for residues
L–PCA in or on all food commodities
when applied in buffered end-use
products and used in accordance with
label directions and good agricultural
practices. This regulation eliminates the
need to establish a maximum
permissible level for residues of L–PCA
when used in accordance with this
exemption.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
This regulation is effective
August 10, 2023. Objections and
requests for hearings must be received
on or before October 10, 2023 and must
DATES:
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15:45 Aug 09, 2023
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8/10/22
8/10/2023, [INSERT Federal Register CITATION]..
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be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0158, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room, and the OPP
Docket is (202) 566–1744. For the latest
status information on EPA/DC services
and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Madison Le, Biopesticides and Pollution
Prevention Division (7511P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
main telephone number: (202) 566–
1400; email address: BPPDFRNotices@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer,
greenhouse owner, or pesticide
manufacturer. The following list of
North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
*
*
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Office of the Federal
Register’s e-CFR site at https://
www.ecfr.gov/current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0158 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
October 10, 2023. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2018–0158, by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
E:\FR\FM\10AUR1.SGM
10AUR1
]]>Agencies
[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Rules and Regulations]
[Pages 54240-54244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16409]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2022-0731, FRL-10545-02-R10]
Air Plan Approval; WA; Smoke Management Plan Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
Washington State Implementation Plan (SIP) revisions submitted on
August 10, 2022. The submitted revisions incorporate the most recent
updates to Washington's Smoke Management Plan and reflect state
legislative and regulatory changes. The EPA is approving the revisions
based on our determination that the revisions are consistent with Clean
Air Act requirements.
DATES: This final rule is effective September 11, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2022-0731. 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: Randall Ruddick, EPA Region 10, 1200
Sixth Avenue (Suite 155), Seattle, WA 98101, (206) 553-1999,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it means the EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
On March 23, 2023, the EPA proposed to approve Washington's August
10, 2022, SIP submission revising the Washington Smoke Management Plan
(88 FR 17481). The reasons for our proposed approval are included in
the proposal and will not be restated here. The public comment period
closed on April 24, 2023. We received one anonymous comment in support
of our proposed action; therefore, we are finalizing our action as
proposed.
II. Final Action
The EPA is approving and incorporating by reference, where
appropriate, Washington's 2022 submitted revisions into the Washington
SIP 40 CFR part 52, subpart WW as discussed in our March 23, 2023,
proposed approval (88 FR 17481). Once this approval becomes effective,
the Washington SIP will include the following statutes and regulations:
RCW 52.12.103, Burning Permits--Issuance--Contents (state
effective March 27, 1984);
RCW 52.12.104, Burning Permits--Duties of permittee (state
effective March 27, 1984);
RCW 76.04.005, Definitions. (1) ``Additional fire hazard''
(5) ``Department protected lands'' (9) ``Forest debris'' (11)
``Forestland'' (12) ``Forestland owner,'' ``owner of forestland,''
``landowner,'' or ``owner'' (13) ``Forest material'' (15) ``Landowner
operation'' (18) ``Participating landowner'' (20) ``Slash'' (21)
``Slash burning'' (23) ``Unimproved lands'' (state effective July 24,
2015);
[[Page 54241]]
RCW 76.04.205, Burning Permits--Civil Penalty (state
effective July 25, 2021);
RCW 70A.15.1030, Definitions. (21) ``Silvicultural
burning'' (state effective June 11, 2020);
RCW 70A.15.5000, Definition of ``outdoor burning'' (state
effective July 26, 2020);
RCW 70A.15.5010, (2) Outdoor burning--Fires prohibited--
Exceptions (state effective June 11, 2020);
RCW 70A.15.5020, Outdoor burning--Areas where prohibited--
Exceptions--Use for management of storm or flood-related debris--
Silvicultural burning, except (3) (state effective June 11, 2020);
RCW 70A.15.5120, Burning permits for abating or prevention
of forest fire hazards, management of ecosystems, instruction on
silvicultural operations--Issuance--Fees (state effective June 11,
2020);
RCW 70A.15.5130, Silvicultural forest burning--Reduce
statewide emissions--Exemption--Monitoring program (state effective
July 28, 2019);
RCW 70A.15.5140, Burning permits for abating or prevention
of forest fire hazards, management of ecosystems, instruction on
silvicultural operations--Conditions for issuance and use of permits--
Air quality standards to be met--Alternate methods to lessen forest
debris (state effective June 11, 2020);
RCW 70A.15.5150, Cooperation between department of natural
resources and state, local, or regional air pollution authorities--
Withholding of permits (state effective June 11, 2020);
RCW 70A.15.5190, Outdoor burning allowed for managing
storm or flood related debris (state effective June 11, 2020);
WAC 332-24-201, Burning Permit Program--Requirements and
Exceptions (state effective June 30, 1992);
WAC 332-24-205, General rules--minimum requirements for
all burning, except (13) (state effective November 22, 2019);
WAC 332-24-211, Specific rules for small fires not
requiring a written burning permit (solely for the purpose of
establishing the size threshold for burns covered by the Smoke
Management Plan) (state effective June 30, 1992);
WAC 332-24-217, Burning permit--penalty (state effective
June 30, 1992);
WAC 332-24-221, Specific rules for burning that requires a
written burning permit (state effective February 1, 2012).
In addition, the EPA is proposing to approve, but not incorporate
by reference, into the Washington SIP at 40 CFR part 52, subpart WW the
Department of Natural Resources Smoke Management Plan, state effective
May 10, 2022 (including all Appendices to such plan), as such plan
applies to silvicultural burning regulated by DNR.
We note that, as provided in 40 CFR 52.2476 of the Washington SIP,
any variance or exception to the 2022 SMP granted by DNR or Ecology
must be submitted by Washington for approval to EPA in accordance with
the requirements for revising SIPs in 40 CFR 51.104 and any such
variance or exception does not modify the requirements of the federally
approved Washington SIP until approved by EPA as a SIP revision.
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, EPA is finalizing the incorporation by reference of
regulatory provisions 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 reasonably 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 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.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
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 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 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); and
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.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the Clean Air Act and
applicable implementing regulations neither prohibit nor require such
an evaluation. The EPA did not perform an EJ analysis and did not
consider EJ in this action. Due to the
[[Page 54242]]
nature of this action, it is expected to have a neutral to positive
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of Executive Order 12898 of
achieving environmental justice for people of color, low-income
populations, and Indigenous peoples.
In addition, 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 as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it impose substantial direct costs on tribal governments or
preempt tribal law. Washington's SIP is approved to apply on non-trust
land within the exterior boundaries of the Puyallup Indian Reservation,
also known as the 1873 Survey Area. Under the Puyallup Tribe of Indians
Settlement Act of 1989, 25 U.S.C. 1773, Congress explicitly provided
state and local agencies in Washington authority over activities on
non-trust lands within the 1873 Survey Area. Consistent with EPA
policy, the EPA provided a consultation opportunity to potentially
affected tribes in a letter dated May 24, 2022.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 10, 2023. 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, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: July 12, 2023.
Casey Sixkiller,
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. Amend Sec. 52.2470 as follows:
0
a. In paragraph (c), table 1, by adding:
0
i. The heading ``Washington Administrative Code, Chapter 332-24--Forest
Protection'' and the entries ``332-24-201'', ``332-24-205'', ``332-24-
211'', ``332-24-217'', and ``332-24-221'' immediately after the entry
``173-492-100'';
0
ii. The heading ``Revised Code of Washington, Chapter 52.12--Fire
Protection Districts, Powers--Burning Permits'' and the entries
``52.12.103'' and ``52.12.104'' immediately after newly added entry
``332-24-221'';
0
iii. The heading ``Revised Code of Washington, Chapter 70A.15--
Washington Clean Air Act'' and the entries ``70A.15.1030(21)'',
``70A.15.5000'', ``70A.15.5010(2)'', ``70A.15.5020'', ``70A.15.5120'',
``70A.15.5130'', ``70A.15.5140'', ``70A.15.5150'', ``70A.15.5190''
immediately after newly added entry ``52.12.104''; and
0
iv. The heading ``Revised Code of Washington, Chapter 76.04--Washington
Clean Air Act'' and the entries ``76.04.005'' and ``76.04.205''
immediately after newly added entry ``70A.15.5190''; and
0
b. In paragraph (e), table 2, by adding the heading ``Smoke Management
Planning'' and the entry ``Department of Natural Resources 2022 Smoke
Management Plan'' immediately after the entry for ``Regional Haze
Progress Report''.
The additions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
Table 1--Regulations Approved Statewide
[Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup
Indian Reservation) and any other area where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction.]
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 332-24--Forest Protection
----------------------------------------------------------------------------------------------------------------
332-24-201................. Burning Permit 6/30/92 8/10/2023, [INSERT ......................
Program--Requirements Federal Register
and Exceptions. CITATION].
332-24-205................. General rules--Minimum 11/22/19 8/10/2023, [INSERT Except section (13).
Requirements for All Federal Register
Burning. CITATION].
332-24-211................. Specific rules for 7/31/92 8/10/2023, [INSERT Included for the
small fires not Federal Register purpose of setting
requiring a written CITATION]. the size limit for
burning permit. burns covered by the
Department of Natural
Resources 2022 Smoke
Management Plan in
paragraph (e), Table
2.
332-24-217................. Burning permit 7/31/92 8/10/2023, [INSERT ......................
requirements--Penalty. Federal Register
CITATION].
[[Page 54243]]
332-24-221................. Specific Rules for 2/1/12 8/10/2023, [INSERT ......................
Burning That Requires Federal Register
a Written Burning CITATION].
Permit.
----------------------------------------------------------------------------------------------------------------
Revised Code of Washington, Chapter 52.12--Fire Protection Districts, Powers--Burning Permits
----------------------------------------------------------------------------------------------------------------
52.12.103.................. Burning permits-- 3/27/84 8/10/2023, [INSERT ......................
Issuance--Contents.. Federal Register
CITATION].
52.12.104.................. Burning permits-- 3/27/84 8/10/2023, [INSERT ......................
Duties of permittee. Federal Register
CITATION].
----------------------------------------------------------------------------------------------------------------
Revised Code of Washington, Chapter 70A.15--Washington Clean Air Act
----------------------------------------------------------------------------------------------------------------
70A.15.1030(21)............ Definitions. 6/11/20 8/10/2023, [INSERT ......................
``Silvicultural Federal Register
burning''. CITATION].
70A.15.5000................ Definition of 7/26/20 8/10/2023, [INSERT ......................
``outdoor burning''. Federal Register
CITATION].
70A.15.5010 (2)............ Outdoor burning--Fires 6/11/20 8/10/2023, [INSERT Except (1).
prohibited--Exception Federal Register
s. CITATION].
70A.15.5020................ Outdoor burning--Areas 6/11/20 8/10/2023, [INSERT Except (3).
where prohibited-- Federal Register
Exceptions--Use for CITATION].
management of storm
or flood-related
debris--Silvicultural
burning.
70A.15.5120................ Burning permits for 6/11/20 8/10/2023, [INSERT ......................
abating or prevention Federal Register
of forest fire CITATION].
hazards, management
of ecosystems,
instruction or
silvicultural
operations--issuance-
-Fees.
70A.15.5130................ Silvicultural forest 7/28/19 8/10/2023, [INSERT ......................
burning--Reduce Federal Register
statewide emissions CITATION].
Exemption--Monitoring
program.
70A.15.5140................ Burning permits for 6/11/20 8/10/2023, [INSERT ......................
abating or prevention Federal Register
of forest fire CITATION].
hazards, management
of ecosystems,
instruction or
silvicultural
operations--Condition
s for issuance and
use of permits--Air
quality standards to
be met--Alternate
methods to lessen
forest debris.
70A.15.5150................ Cooperation between 6/11/20 8/10/2023, [INSERT ......................
department of natural Federal Register
resources and state, CITATION].
local, or regional
air pollution
authorities--Withhold
ing of permits.
70A.15.5190................ Outdoor burning 6/11/20 8/10/2023, [INSERT ......................
allowed for managing Federal Register
storm or flood- CITATION].
related debris.
----------------------------------------------------------------------------------------------------------------
Revised Code of Washington, Chapter 76.04--Washington Clean Air Act
----------------------------------------------------------------------------------------------------------------
76.04.005.................. Definitions........... 7/24/15 8/10/2023, [INSERT Except (2), (3), (4),
Federal Register (6), (7), (8), (10),
CITATION]. (14), (16), (17),
(19), (22)
76.04.205.................. Burning Permits--Civil 7/25/21 8/10/2023, [INSERT ......................
Penalty. Federal Register
CITATION].
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 54244]]
Table 2--Attainment, Maintenance, and Other Plans
----------------------------------------------------------------------------------------------------------------
State
Name of SIP provision Applicable geographic or submittal EPA approval date Explanations
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Smoke Management Planning
----------------------------------------------------------------------------------------------------------------
Department of Natural Resources Statewide................ 8/10/22 8/10/2023, [INSERT ..............
2022 Smoke Management Plan. Federal Register
CITATION]..
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2023-16409 Filed 8-9-23; 8:45 am]
BILLING CODE 6560-50-P
