Air Plan Approval; WA; Yakima County Outdoor and Agricultural Burning Rule Revisions, 66690-66692 [2023-21255]
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66690
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations
EPA-APPROVED INDIANA REGULATIONS—Continued
Indiana
citation
Indiana
effective
date
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Notes
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Rule 4.1. Lake County Sulfur Dioxide Emission Limitations
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7–4.1–10 ...
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ArcelorMittal USA LLC (Indiana Harbor West)
sulfur dioxide emission limitations.
ArcelorMittal USA LLC (Indiana Harbor East)
sulfur dioxide emission limitations.
7–4.1–11 ...
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[FR Doc. 2023–20743 Filed 9–27–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2021–0752; FRL–9203–02–
R10]
Air Plan Approval; WA; Yakima County
Outdoor and Agricultural Burning Rule
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving into the
Washington State Implementation Plan
(SIP) the Yakima Regional Clean Air
Agency’s (YRCAA) revised outdoor and
agricultural burning rule submitted by
the State of Washington (Washington or
the State) on October 14, 2021. The
submitted revisions improve stringency,
clarity and enforceability of the rule.
The EPA is proposing to approve the
SIP submission as consistent with Clean
Air Act (Act or CAA) requirements.
DATES: This action is effective on
October 30, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2021–0752. 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., CBI or other information
whose disclosure 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 through https://
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SUMMARY:
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3/31/2021
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9/28/2023, [Insert Federal Register Citation].
3/31/2021
9/28/2023, [Insert Federal Register Citation].
*
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www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Claudia Vaupel, EPA Region 10 at (206)
553–6121, or vaupel.claudia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
the EPA.
I. Background
On July 26, 2023, the EPA proposed
to approve Washington’s October 14,
2021, SIP submission which
significantly revised the SIP-approved
outdoor burning rule for the Yakima
area (88 FR 48147). The reasons for our
proposed approval were stated in the
proposed rulemaking and will not be restated here. The public comment period
for our proposed approval ended on
August 25, 2023, and we did not receive
comments. Therefore, we are finalizing
our action as proposed.
II. Final Action
The EPA is approving into the
Washington SIP, the rule revisions for
outdoor and agricultural burning
submitted by Washington on October
14, 2021, because they meet Clean Air
Act requirements. The rule revisions
include updates to applicability, general
prohibitions and requirements for all
burning, permit requirements and
limited exemptions, program delegation,
and rule renumbering. Based on our
review, we determined that the rule
revisions result in an overall
strengthening of the requirements for
open and agricultural burning in
Yakima County.
The EPA is approving into the
federally-approved SIP the YRCAA
Regulation 1, Article 3, Section 3.03
(regulating outdoor and agricultural
burning in Yakima County), effective
September 9, 2020, except the following
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provisions: 3.03.C.2.g, 3.03.E.2.a,
3.03.E.2.c, 3.03.E.3.d, 3.03.K; and the
following general rule permit
provisions:
General Rule Permit No. 3.03–1
Conditions: E.2.b, E.2.d, E.2.e, and G;
General Rule Permit No. 3.03–2
Conditions: E.2.b and G;
General Rule Permit No. 3.03–3
Conditions: E.2.b and G;
General Rule Permit No. 3.03–4
Conditions: E.2.c and G; and
General Rule Permit No. 3.03–5 Conditions
E.2.d and G.
We are also removing from the
federally-approved SIP the outdated
Regulation 1, Article 5 provisions,
Sections 5.01 through 5.05 (regulating
outdoor burning in Yakima County),
state effective December 15, 1995, that
are replaced by Section 3.03.
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, we are finalizing the incorporation
by reference of Regulation 1, Article 3,
Section 3.03 provisions described in
section II of this preamble. The EPA has
made, and will continue to make, these
materials generally available through
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 State implementation plan, 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 in the
next update to the SIP compilation. The
EPA is also removing regulatory text
that includes incorporation by
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Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations
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reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
removing from incorporation by
reference the Regulation 1, Article 5,
Sections 5.01 through 5.05 provisions
described in section II of this preamble.
III. 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,
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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 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.
In addition, the SIP is not approved
to apply on any Indian reservation land
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or in any other area where 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 it 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).
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.’’
Neither Washington nor YRCAA
evaluated environmental justice
considerations as part of the SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
The EPA performed an environmental
justice analysis for the purpose of
providing additional context and
information about this rulemaking to the
public, not as a basis of the action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area. In addition,
there is no information in the record
upon which this decision is based
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
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66691
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 27, 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,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 22, 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:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart WW—Washington
2. In § 52.2470, amend Table 10 in
paragraph (c) by:
■ a. Adding the entry ‘‘3.03’’ in
numerical order under the heading
‘‘Article 3—Rules’’; and
■ b. Removing the heading ‘‘Article V—
Emissions Standards and Preventative
Measures’’ and the entries ‘‘5.01’’,
‘‘5.02’’, ‘‘5.03’’, ‘‘5.04’’, and ‘‘5.05’’.
The addition reads as follows:
■
§ 52.2470
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Identification of plan.
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(c) * * *
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66692
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations
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; facilities subject to the
Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 173–410, and 173–415 Washington Administrative Code
(WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of WAC 173–400–700.]
State/local
citation
State/local
effective
date
Title/subject
EPA approval date
Explanations
Yakima Regional Clean Air Agency Regulations
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Article 3—Rules
*
3.03 ..............
*
Outdoor and Agricultural
Burning.
*
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9/9/20
*
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2023–0341: FRL–11175–
02–R10]
Air Plan Approval; Washington;
Southwest Clean Air Agency; Emission
Standards and Controls for Sources
Emitting Gasoline Vapors
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Washington State Implementation
Plan (SIP) for the Southwest Clean Air
Agency (SWCAA) jurisdiction as it
relates to the ozone National Ambient
Air Quality Standard. This revision
updates SWCAA’s requirements in the
SIP for Stage I and Stage II vapor
recovery systems at gasoline dispensing
facilities including: decommissioning
existing Stage II systems incompatible
with onboard refueling vapor recovery
systems on or before January 1, 2023;
allowing removal from service of Stage
II vapor recovery equipment compatible
with onboard refueling vapor recovery
on or after January 1, 2023; and
removing the requirement for Stage II
vapor recovery at new installations. The
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SUMMARY:
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Except subsection 3.03.C.2.g, 3.03.E.2a, 3.03.E.2.c,
3.03.E.3.d, 3.03.K; and the following provisions in
General Rule Permit No.: 3.03–1.E.2.b, 3.03–
1.E.2.d, 3.03–1.E.2.e, 3.03–1.G, 3.03–2.E.2.b,
3.03–2.G, 3.03–3.E.2.b, 3.03–3.G, 3.03–4.E.2.c,
3.03–4.G, 3.03–5.E.2.d, and 3.03–5.G.
*
revisions to the SIP also include, among
other changes, revised requirements for
installation of enhanced conventional
nozzles, installation of low permeation
hoses, and annual testing based on
facility throughput. SWCAA’s submittal,
in coordination with the Washington
Department of Ecology, included a
demonstration that such removal of
Stage II requirements is consistent with
the Clean Air Act and EPA guidance.
*
[FR Doc. 2023–21255 Filed 9–27–23; 8:45 am]
VerDate Sep<11>2014
*
9/28/23, [INSERT FEDERAL REGISTER CITATION].
This final rule is effective
October 30, 2023.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2023–0341. 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.
ADDRESSES:
Jeff
Hunt, EPA Region 10, 1200 Sixth
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–0256, or hunt.jeff@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
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‘‘we’’ or ‘‘our’’ is used, it means the
EPA.
I. Background
On June 22, 2023, SWCAA, in
coordination with the Washington
Department of Ecology as the Governor’s
designee for revisions to the SIP,
submitted the current version of
SWCAA 491 ‘‘Emission Standards and
Controls for Sources Emitting Gasoline
Vapors’’ for EPA approval. On August
10, 2023, we proposed to approve the
submission (88 FR 54259). The reasons
for our proposed approval are included
in the proposal and will not be restated
here. The public comment period closed
on September 11, 2023. We received no
comments on our proposed action and
therefore we are finalizing our action as
proposed.
II. Final Action
We have determined that SWCAA’s
demonstration for removal of Stage II
equipment meets Clean Air Act
requirements. Therefore, we are
approving and incorporating by
reference SWCAA 491 ‘‘Emission
Standards and Controls for Sources
Emitting Gasoline Vapors.’’ Upon the
effective date of this action, the
Washington SIP will include the
following updated sections of SWCAA
491 as they apply in the SWCAA local
jurisdiction:
• 491–010 Policy and Purpose
(establishing overall policy to control
emissions of air contaminants from
gasoline marketing and dispensing
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]]>Agencies
[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66690-66692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21255]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2021-0752; FRL-9203-02-R10]
Air Plan Approval; WA; Yakima County Outdoor and Agricultural
Burning Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving into
the Washington State Implementation Plan (SIP) the Yakima Regional
Clean Air Agency's (YRCAA) revised outdoor and agricultural burning
rule submitted by the State of Washington (Washington or the State) on
October 14, 2021. The submitted revisions improve stringency, clarity
and enforceability of the rule. The EPA is proposing to approve the SIP
submission as consistent with Clean Air Act (Act or CAA) requirements.
DATES: This action is effective on October 30, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2021-0752. 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., CBI or
other information whose disclosure 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 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: Claudia Vaupel, EPA Region 10 at (206)
553-6121, or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it means the EPA.
I. Background
On July 26, 2023, the EPA proposed to approve Washington's October
14, 2021, SIP submission which significantly revised the SIP-approved
outdoor burning rule for the Yakima area (88 FR 48147). 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 August 25, 2023, and we did not receive comments.
Therefore, we are finalizing our action as proposed.
II. Final Action
The EPA is approving into the Washington SIP, the rule revisions
for outdoor and agricultural burning submitted by Washington on October
14, 2021, because they meet Clean Air Act requirements. The rule
revisions include updates to applicability, general prohibitions and
requirements for all burning, permit requirements and limited
exemptions, program delegation, and rule renumbering. Based on our
review, we determined that the rule revisions result in an overall
strengthening of the requirements for open and agricultural burning in
Yakima County.
The EPA is approving into the federally-approved SIP the YRCAA
Regulation 1, Article 3, Section 3.03 (regulating outdoor and
agricultural burning in Yakima County), effective September 9, 2020,
except the following provisions: 3.03.C.2.g, 3.03.E.2.a, 3.03.E.2.c,
3.03.E.3.d, 3.03.K; and the following general rule permit provisions:
General Rule Permit No. 3.03-1 Conditions: E.2.b, E.2.d, E.2.e,
and G;
General Rule Permit No. 3.03-2 Conditions: E.2.b and G;
General Rule Permit No. 3.03-3 Conditions: E.2.b and G;
General Rule Permit No. 3.03-4 Conditions: E.2.c and G; and
General Rule Permit No. 3.03-5 Conditions E.2.d and G.
We are also removing from the federally-approved SIP the outdated
Regulation 1, Article 5 provisions, Sections 5.01 through 5.05
(regulating outdoor burning in Yakima County), state effective December
15, 1995, that are replaced by Section 3.03.
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, we are finalizing the incorporation by reference of
Regulation 1, Article 3, Section 3.03 provisions described in section
II of this preamble. The EPA has made, and will continue to make, these
materials generally available through 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 State implementation plan, 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
in the next update to the SIP compilation. The EPA is also removing
regulatory text that includes incorporation by
[[Page 66691]]
reference. In accordance with requirements of 1 CFR 51.5, the EPA is
removing from incorporation by reference the Regulation 1, Article 5,
Sections 5.01 through 5.05 provisions described in section II of this
preamble.
III. 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, 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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where 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 it 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).
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.''
Neither Washington nor YRCAA evaluated environmental justice
considerations as part of the SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. The EPA performed an environmental justice analysis for the
purpose of providing additional context and information about this
rulemaking to the public, not as a basis of the action. Due to the
nature of the action being taken here, this action is expected to have
a neutral to positive impact on the air quality of the affected area.
In addition, there is no information in the record upon which this
decision is based inconsistent with the stated goal of E.O. 12898 of
achieving environmental justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 27, 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, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 22, 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
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2. In Sec. 52.2470, amend Table 10 in paragraph (c) by:
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a. Adding the entry ``3.03'' in numerical order under the heading
``Article 3--Rules''; and
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b. Removing the heading ``Article V--Emissions Standards and
Preventative Measures'' and the entries ``5.01'', ``5.02'', ``5.03'',
``5.04'', and ``5.05''.
The addition reads as follows:
Sec. 52.2470 Identification of plan.
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(c) * * *
[[Page 66692]]
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; facilities subject to the Washington Department of Ecology's direct jurisdiction under Chapters
173-405, 173-410, and 173-415 Washington Administrative Code (WAC); Indian reservations; any other area where
the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction; and the Prevention of Significant
Deterioration (PSD) permitting of facilities subject to the applicability sections of WAC 173-400-700.]
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State/local
State/local citation Title/subject effective date EPA approval date Explanations
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Yakima Regional Clean Air Agency Regulations
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Article 3--Rules
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3.03........................... Outdoor and 9/9/20 9/28/23, [INSERT Except subsection
Agricultural FEDERAL REGISTER 3.03.C.2.g, 3.03.E.2a,
Burning. CITATION]. 3.03.E.2.c,
3.03.E.3.d, 3.03.K;
and the following
provisions in General
Rule Permit No.: 3.03-
1.E.2.b, 3.03-1.E.2.d,
3.03-1.E.2.e, 3.03-
1.G, 3.03-2.E.2.b,
3.03-2.G, 3.03-
3.E.2.b, 3.03-3.G,
3.03-4.E.2.c, 3.03-
4.G, 3.03-5.E.2.d, and
3.03-5.G.
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[FR Doc. 2023-21255 Filed 9-27-23; 8:45 am]
BILLING CODE 6560-50-P
