Approval and Promulgation of Implementation Plans; Klamath Falls, Oregon Nonattainment Area; Fine Particulate Matter Emissions Inventory and SIP Strengthening Measures, 51470-51474 [2015-20903]
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Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations
398–6222, email Hal.R.Pitts@uscg.mil. If
you have questions on viewing the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826.
The North
Carolina Department of Transportation,
who owns and operates the Isabel S.
Holmes Bridge, has requested a
temporary deviation from the current
operating regulations set out in 33 CFR
117.829(a), to facilitate the annual
Beach2Battleship Iron and Half-Iron
Distance Triathlons.
Under the normal operating schedule
for the Isabel S. Holmes Bridge across
the Northeast Cape Fear River, mile 1.0,
at Wilmington, NC in 33 CFR
117.829(a); the draw will be closed to
pleasure craft from 6 a.m. to 6 p.m.
every day except at 10 a.m. and 2 p.m.
when the draw will open for all waiting
vessels; the draw will open on signal for
Government and commercial vessels at
all times; the draw will open for all
vessels on signal from 6 p.m. to 6 a.m.
The bridge has a vertical clearance in
the closed-to-navigation position of 40
feet above mean high water.
Under this temporary deviation, the
bridge will be closed to navigation from
9:30 a.m. to 6 p.m. on October 17, 2015.
The Northeast Cape Fear River is used
by a variety of vessels including small
commercial fishing vessels, recreational
vessels and tug and barge. The Coast
Guard has carefully coordinated the
restrictions with commercial and
recreational waterway users.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will be able to
open for emergencies and there is no
alternate route for vessels unable to pass
through the bridge in the closed
position. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast Notice
to Mariners of the change in operating
schedule for the bridge so that vessels
can arrange their transits to minimize
any impacts caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
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SUPPLEMENTARY INFORMATION:
Dated: August 19, 2015.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2015–20913 Filed 8–24–15; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0900]
Safety Zone, Coast Guard Exercise
Area, Hood Canal, Washington
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone around vessels involved
in Coast Guard training exercises in
Hood Canal, WA from September 23,
2015 through September 24, 2015,
unless cancelled sooner by the Captain
of the Port. This is necessary to ensure
the safety of the maritime public and
vessels participating in these exercises.
During the enforcement period, entry
into this zone is prohibited unless
authorized by the Captain of the Port or
his Designated Representative.
DATES: The regulations in 33 CFR
165.1339 will be enforced from 12:01
a.m. on September 23, 2015 through
11:59 p.m. on September 24, 2015,
unless cancelled sooner by the Captain
of the Port.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email LT Kate Haseley, Sector Puget
Sound Waterways Management
Division, Coast Guard; telephone 206–
217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUMMARY:
The Coast
Guard will enforce the safety zone
around vessels involved in Coast Guard
training exercises in Hood Canal, WA
set forth in 33 CFR 165.1339, from 12:01
a.m. on September 23, 2015 through
11:59 p.m. on September 24, 2015,
unless cancelled sooner by the Captain
of the Port. Under the provisions of 33
CFR 165.1339, no person or vessel may
enter or remain within 500 yards of any
vessel involved in Coast Guard training
exercises while such vessel is transiting
Hood Canal, WA between Foul Weather
Bluff and the entrance to Dabob Bay,
unless authorized by the Captain of the
Port or his Designated Representative. In
addition, the regulation establishes
requirements for all vessels to obtain
permission for entry during the
enforcement period by contacting the
on-scene patrol commander on VHF
channel 13 or 16, or the Sector Puget
Sound Joint Harbor Operations Center at
206–217–6001. Members of the
maritime public will be able to identify
participating vessels as those flying the
SUPPLEMENTARY INFORMATION:
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Coast Guard Ensign. The COTP may also
be assisted in the enforcement of the
zone by other federal, state, or local
agencies.
This notice is issued under authority
of 33 U.S.C. 165.1339 and 5 U.S.C.
552(a). In addition to this notice in the
Federal Register, the Coast Guard will
provide the maritime community with
notification of this enforcement period
via marine information broadcasts and
on-scene assets. If the COTP determines
that the regulated area need not be
enforced for the full duration stated in
this notice, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the regulated area.
Dated: August 10, 2015.
M.W. Raymond
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2015–21012 Filed 8–24–15; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2013–0005; FRL–9932–40–
Region 10]
Approval and Promulgation of
Implementation Plans; Klamath Falls,
Oregon Nonattainment Area; Fine
Particulate Matter Emissions Inventory
and SIP Strengthening Measures
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the Oregon Department of
Environmental Quality (ODEQ) on
December 12, 2012 to address Clean Air
Act (CAA) requirements for the Klamath
Falls, Oregon nonattainment area for the
2006 24-hour fine particulate matter
(PM2.5) national ambient air quality
standard (NAAQS). Specifically, the
EPA is approving the emissions
inventory contained in the ODEQ’s
submittal as meeting the requirement to
submit a comprehensive, accurate, and
current inventory of direct PM2.5 and
PM2.5 precursor emissions in Klamath
Falls, Oregon. The EPA also is
approving and incorporating by
reference PM2.5 control measures
contained in the December 12, 2012,
submittal because incorporation of these
measures will strengthen the Oregon SIP
and are designed to reduce PM2.5
emissions in the Klamath Falls, Oregon
nonattainment area (Klamath Falls
SUMMARY:
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NAA) that contribute to violations of the
2006 PM2.5 NAAQS.
DATES: This final rule is effective on
September 24, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2013–0005. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information the disclosure
of which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
hard copy form. Publicly available
docket materials are available either
electronically through
www.regulations.gov or in hard copy at
the Air Programs Unit, Office of Air,
Waste and Toxics, EPA Region 10, 1200
Sixth Avenue, Seattle, WA 98101. The
EPA requests that if at all possible, you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Justin A. Spenillo at (206) 553–6125,
spenillo.justin@epa.gov, or the above
EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
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
Detailed information on the history of
the PM2.5 NAAQS as it relates to the
Klamath Falls NAA was included in the
EPA’s proposal for this action (79 FR
78372, December 30, 2014). The
proposal explained how the ODEQ met
its obligation under CAA section
172(c)(3) for submission of a
comprehensive, accurate, and current
inventory of actual emissions as
submitted in its December 12, 2012 SIP
submittal. The proposal analyzed the
SIP strengthening measures designed to
reduce emissions in the Klamath Falls
NAA that contribute to violations of the
2006 PM2.5 NAAQS. The EPA proposed
to approve both the baseline emissions
inventory and SIP strengthening
measures included the December 12,
2012 SIP revision, consistent with
sections 110 and 172 of the CAA.
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The comment period on our proposed
approval ended January 29, 2015 and
we did not receive any comments on the
proposal. We are therefore finalizing our
approval. The primary element of the
Klamath County Clean Air Ordinance
63.06 to help ensure attainment and
maintenance of the NAAQS is the
episodic curtailment program which
restricts the use of woodstoves and
fireplaces on days that are conducive to
the buildup of PM2.5 concentrations.
The curtailment program restricts the
use of woodstoves and fireplaces as
described in the proposed Federal
Register notice for this action.
In addition to the episodic
curtailment program, the ordinance
includes provisions that impose
restrictions on what can be burned in
woodstoves and fireplaces at any time.
The ordinance requires that only
seasoned wood, specifically dry,
seasoned cordwood, pressed sawdust
logs, organic charcoal or pellets
specifically manufactured for the
appliance, be burned in solid fuel-fired
appliances. The rules and ordinance
also specifically prohibit the burning of
garbage and other named prohibited
materials. These material restrictions
control the PM2.5 emissions from
woodstoves and fireplaces on a
continuous basis, whereas the episodic
curtailment program imposes additional
restrictions on the use of woodstoves
and fireplaces only when necessary to
address the potential buildup of PM2.5
concentrations.
As mentioned in the Federal Register
notice for the proposed action, the
ordinance prohibits emissions from
solid fuel-fired appliances with an
opacity greater than 20% for a period or
periods aggregating more than three
minutes in any one hour period. This
provision provides a visual indicator for
the proper operation of a solid fuel-fired
appliance, including the use of properly
seasoned wood. The opacity limit
applies at all times except during the
ten-minute startup period. However,
during those times, the episodic
curtailment program and other
restrictions regulating fuel contained in
the provisions described above continue
to apply, as clarified in the June 17,
2015 letter from David Collier (Air
Quality Planning Manager, Oregon
Department of Environmental Quality),
available in the docket.
Accordingly, this combination of
provisions constitutes continuous
emission limitations, consistent with
Federal Clean Air Act requirements.
Specifically, reliance on the episodic
curtailment program and other
provisions regulating fuel described
above serves as an adequate alternative
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emission limit during the starting of
fires in solid fuel-fired appliances, when
use of the 20% opacity limits would be
infeasible. Reliance on those
requirements during startup periods is
limited and specific to the operation of
solid fuel-fired appliances, minimizes
the frequency and duration of those
periods, and minimizes the impact of
emissions on ambient air quality during
those periods, while the episodic
curtailment program ensures that
emission impacts are avoided during
potential worst-case periods. While
EPA’s guidance on alternative emission
limits also specifies that the owner or
operator’s actions during startup and
shutdown periods be documented by
properly signed, contemporaneous
operating logs or other relevant
evidence, we do not think it is
reasonable to apply that element of the
guidance in this case, because we
conclude it would be an unreasonable
burden to impose this recordkeeping
requirement for individual home
heating situations. See 80 FR 33840
(June 12, 2015). [relevant discussion is
on page 278–279 of the notice available
at https://www.epa.gov/airquality/
urbanair/sipstatus/docs/20150522fr.
pdf].
II. Final Action
The EPA approves the emissions
inventory for the Klamath Falls NAA,
submitted by ODEQ on December 12,
2012, as meeting the emissions
inventory requirements of section
172(c)(3) of the CAA for 2006 PM2.5 24hr NAAQS nonattainment area
planning. The EPA also approves and
incorporates by reference into the
Oregon SIP the specific control
measures submitted by the ODEQ on
December 12, 2012, to the extent set
forth in this final rule. The EPA will
take action on remaining aspects of the
December 12, 2012 submittal by the
ODEQ in a forthcoming proposal.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Oregon
Administrative Rules and Klamath
County ordinances described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely 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);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
this action does not involve technical
standards; and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or 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 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).
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 October 26, 2015. 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, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 4, 2015.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
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 MM—Oregon
2. In § 52.1970, paragraph (c):
a. Table 2—EPA Approved Oregon
Administrative Rules (OAR) is amended
by:
■ i. Revising the entries for 204–0010,
225–0090, 240–0010, and 240–0030;
■ ii. Adding a header titled ‘‘Klamath
Falls Nonattainment Area’’ after the
entry for 240–0440 and adding entries
for 240–0500, 240–0510, 240–0520,
240–0530, 240–0540, and 240–0550 in
numerical order;
■ iii. Adding a header titled ‘‘Real and
Permanent PM2.5 and PM10 Offsets’’ after
the entry for 240–0550 and adding an
entry for 240–0560 in numerical order;
■ iv. Revising the entries for 264–0040,
264–0078, 264–0080, and 264–0100;
and
■ v. Adding in numerical order an entry
for 264–0175.
■ b. Table 3—EPA Approved City and
County Ordinances is amended by:
■ i. Removing the entry for Klamath
County Clean Air Ordinance 63; and
■ ii. Adding an entry for Klamath
County Clean Air Ordinance No. 63.06
at the end of the table.
The revisions and additions read as
follows:
■
■
§ 52.1970
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR)
State effective
date
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State citation
Title/subject
*
204–0010 ........
*
*
Definitions ......................................................
*
12/11/2012
*
*
08/25/2015 [Insert Federal Register citation]
*
*
225–0090 ........
*
*
Requirements for Demonstrating a Net Air
Quality Benefit.
*
12/11/2012
*
*
08/25/2015 [Insert Federal Register citation]
*
Except
(2)(a)(C).
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EPA approval date
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TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR)—Continued
State effective
date
State citation
Title/subject
*
240–0010 ........
*
*
Purpose ..........................................................
*
12/11/2012
*
*
08/25/2015 [Insert Federal Register citation]
*
*
240–0030 ........
*
*
Definitions ......................................................
*
12/11/2012
*
*
08/25/2015 [Insert Federal Register citation]
*
*
*
*
EPA approval date
*
*
Explanations
*
*
Klamath Falls Nonattainment Area
240–0500
240–0510
240–0520
240–0530
........
........
........
........
240–0540 ........
240–0550 ........
Applicability ....................................................
Opacity Standard ...........................................
Control of Fugitive Emissions ........................
Requirements for Operation and Maintenance Plans.
Compliance Schedule for Existing Industrial
Sources.
Requirements for New Sources When Using
Residential Wood Fuel-Fired Device Offsets.
12/11/2012
12/11/2012
12/11/2012
12/11/2012
08/25/2015
08/25/2015
08/25/2015
08/25/2015
[Insert
[Insert
[Insert
[Insert
Federal
Federal
Federal
Federal
Register
Register
Register
Register
citation]
citation]
citation]
citation]
12/11/2012
08/25/2015 [Insert Federal Register citation]
12/11/2012
08/25/2015 [Insert Federal Register citation]
Real and Permanent PM2.5 and PM10 Offsets
240–0560 ........
Real and Permanent PM2.5 and PM10 Offsets
12/11/2012
08/25/2015 [Insert Federal Register citation]
*
264–0040 ........
*
*
Exemptions, Statewide ..................................
*
12/11/2012
*
*
08/25/2015 [Insert Federal Register citation]
*
*
264–0078 ........
264–0080 ........
*
*
Open Burning Control Areas .........................
County Listing of Specific Open Burning
Rules.
*
12/11/2012
12/11/2012
*
*
08/25/2015 [Insert Federal Register citation]
08/25/2015 [Insert Federal Register citation]
*
*
264–0100 ........
*
*
Baker, Clatsop, Crook, Curry, Deschutes,
Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur,
Morrow, Sherman, Tillamook, Umatilla,
Union, Wallowa, Wasco and Wheeler
Counties.
*
12/11/2012
*
*
08/25/2015 [Insert Federal Register citation]
*
*
264–0175 ........
*
*
Klamath County .............................................
*
12/11/2012
*
*
08/25/2015 [Insert Federal Register citation]
*
*
*
*
*
*
*
*
TABLE 3—EPA APPROVED CITY AND COUNTY ORDINANCES
Agency and
ordinance
Title or subject
Date
*
Klamath County
Ordinance
63.06.
*
*
Chapter 406—Klamath County
Clean Air Ordinance 63.06.
12/31/2012
*
*
*
*
EPA approval date
*
Explanation
*
08/25/2015 [Insert Federal Register citation].
*
*
Except 406.300 and 406.400
Klamath Falls PM2.5 Attainment
Plan.
*
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF HOMELAND
SECURITY
Centers for Medicare & Medicaid
Services
Federal Emergency Management
Agency
42 CFR Part 414
44 CFR Part 64
Payment for Part B Medical and Other
Health Services
[Docket ID FEMA–2015–0001; Internal
Agency Docket No. FEMA–8395]
Suspension of Community Eligibility
CFR Correction
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
In Title 42 of the Code of Federal
Regulations, Parts 414 to 429, revised as
of October 1, 2014, on page 21, in
§ 414.60, correct paragraph (a)(1) to read
as follows:
■
§ 414.60
CRNAs.
Payment for the services of
(a) * * *
(1) The allowance for an anesthesia
service furnished by a medically
directed CRNA is based on a fixed
percentage of the allowance recognized
for the anesthesia service personally
performed by the physician alone, as
specified in § 414.46(d)(3); and
*
*
*
*
*
[FR Doc. 2015–21003 Filed 8–24–15; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 476
Quality Improvement Organization
Review
CFR Correction
In Title 42 of the Code of Federal
Regulations, Parts 430 to 481, revised as
of October 1, 2014, on page 591, in
§ 476.80, make the following changes:
1. In paragraphs (a)(1), (a)(2)
introductory text (two places), (c)(3)(ii),
(d)(1), and (d)(2), remove the phrase
‘‘fiscal intermediary or carrier’’ and add
the phrase ‘‘Medicare administrative
contractor, fiscal intermediary, or
carrier’’ in its place.
■
2. In the heading for paragraph (e),
and in paragraphs (e)(1) and (e)(2),
remove the phrase ‘‘fiscal intermediary’’
and add the phrase ‘‘Medicare
administrative contractor or fiscal
intermediary’’ in its place.
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■
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BILLING CODE 1505–01–D
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This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Bret Gates, Federal
Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–4133.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
SUMMARY:
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
participating in the NFIP and identified
for more than a year on FEMA’s initial
FIRM for the community as having
flood-prone areas (section 202(a) of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment procedures under 5
U.S.C. 553(b), are impracticable and
unnecessary because communities listed
in this final rule have been adequately
notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
E:\FR\FM\25AUR1.SGM
25AUR1
]]>Agencies
[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Rules and Regulations]
[Pages 51470-51474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20903]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2013-0005; FRL-9932-40-Region 10]
Approval and Promulgation of Implementation Plans; Klamath Falls,
Oregon Nonattainment Area; Fine Particulate Matter Emissions Inventory
and SIP Strengthening Measures
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the Oregon Department
of Environmental Quality (ODEQ) on December 12, 2012 to address Clean
Air Act (CAA) requirements for the Klamath Falls, Oregon nonattainment
area for the 2006 24-hour fine particulate matter (PM2.5)
national ambient air quality standard (NAAQS). Specifically, the EPA is
approving the emissions inventory contained in the ODEQ's submittal as
meeting the requirement to submit a comprehensive, accurate, and
current inventory of direct PM2.5 and PM2.5
precursor emissions in Klamath Falls, Oregon. The EPA also is approving
and incorporating by reference PM2.5 control measures
contained in the December 12, 2012, submittal because incorporation of
these measures will strengthen the Oregon SIP and are designed to
reduce PM2.5 emissions in the Klamath Falls, Oregon
nonattainment area (Klamath Falls
[[Page 51471]]
NAA) that contribute to violations of the 2006 PM2.5 NAAQS.
DATES: This final rule is effective on September 24, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2013-0005. All documents in the docket are
listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information the disclosure of which
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Programs Unit, Office of Air, Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle, WA 98101. The EPA requests that
if at all possible, you contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to view the hard copy of the
docket. You may view the hard copy of the docket Monday through Friday,
8:00 a.m. to 4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Justin A. Spenillo at (206) 553-6125,
spenillo.justin@epa.gov, or the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
Detailed information on the history of the PM2.5 NAAQS
as it relates to the Klamath Falls NAA was included in the EPA's
proposal for this action (79 FR 78372, December 30, 2014). The proposal
explained how the ODEQ met its obligation under CAA section 172(c)(3)
for submission of a comprehensive, accurate, and current inventory of
actual emissions as submitted in its December 12, 2012 SIP submittal.
The proposal analyzed the SIP strengthening measures designed to reduce
emissions in the Klamath Falls NAA that contribute to violations of the
2006 PM2.5 NAAQS. The EPA proposed to approve both the
baseline emissions inventory and SIP strengthening measures included
the December 12, 2012 SIP revision, consistent with sections 110 and
172 of the CAA.
The comment period on our proposed approval ended January 29, 2015
and we did not receive any comments on the proposal. We are therefore
finalizing our approval. The primary element of the Klamath County
Clean Air Ordinance 63.06 to help ensure attainment and maintenance of
the NAAQS is the episodic curtailment program which restricts the use
of woodstoves and fireplaces on days that are conducive to the buildup
of PM2.5 concentrations. The curtailment program restricts
the use of woodstoves and fireplaces as described in the proposed
Federal Register notice for this action.
In addition to the episodic curtailment program, the ordinance
includes provisions that impose restrictions on what can be burned in
woodstoves and fireplaces at any time. The ordinance requires that only
seasoned wood, specifically dry, seasoned cordwood, pressed sawdust
logs, organic charcoal or pellets specifically manufactured for the
appliance, be burned in solid fuel-fired appliances. The rules and
ordinance also specifically prohibit the burning of garbage and other
named prohibited materials. These material restrictions control the
PM2.5 emissions from woodstoves and fireplaces on a
continuous basis, whereas the episodic curtailment program imposes
additional restrictions on the use of woodstoves and fireplaces only
when necessary to address the potential buildup of PM2.5
concentrations.
As mentioned in the Federal Register notice for the proposed
action, the ordinance prohibits emissions from solid fuel-fired
appliances with an opacity greater than 20% for a period or periods
aggregating more than three minutes in any one hour period. This
provision provides a visual indicator for the proper operation of a
solid fuel-fired appliance, including the use of properly seasoned
wood. The opacity limit applies at all times except during the ten-
minute startup period. However, during those times, the episodic
curtailment program and other restrictions regulating fuel contained in
the provisions described above continue to apply, as clarified in the
June 17, 2015 letter from David Collier (Air Quality Planning Manager,
Oregon Department of Environmental Quality), available in the docket.
Accordingly, this combination of provisions constitutes continuous
emission limitations, consistent with Federal Clean Air Act
requirements. Specifically, reliance on the episodic curtailment
program and other provisions regulating fuel described above serves as
an adequate alternative emission limit during the starting of fires in
solid fuel-fired appliances, when use of the 20% opacity limits would
be infeasible. Reliance on those requirements during startup periods is
limited and specific to the operation of solid fuel-fired appliances,
minimizes the frequency and duration of those periods, and minimizes
the impact of emissions on ambient air quality during those periods,
while the episodic curtailment program ensures that emission impacts
are avoided during potential worst-case periods. While EPA's guidance
on alternative emission limits also specifies that the owner or
operator's actions during startup and shutdown periods be documented by
properly signed, contemporaneous operating logs or other relevant
evidence, we do not think it is reasonable to apply that element of the
guidance in this case, because we conclude it would be an unreasonable
burden to impose this recordkeeping requirement for individual home
heating situations. See 80 FR 33840 (June 12, 2015). [relevant
discussion is on page 278-279 of the notice available at https://www.epa.gov/airquality/urbanair/sipstatus/docs/20150522fr.pdf pdf].
II. Final Action
The EPA approves the emissions inventory for the Klamath Falls NAA,
submitted by ODEQ on December 12, 2012, as meeting the emissions
inventory requirements of section 172(c)(3) of the CAA for 2006
PM2.5 24-hr NAAQS nonattainment area planning. The EPA also
approves and incorporates by reference into the Oregon SIP the specific
control measures submitted by the ODEQ on December 12, 2012, to the
extent set forth in this final rule. The EPA will take action on
remaining aspects of the December 12, 2012 submittal by the ODEQ in a
forthcoming proposal.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Oregon Administrative Rules and Klamath County ordinances described in
the amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
[[Page 51472]]
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely 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);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
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 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).
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 October 26, 2015. 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, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 4, 2015.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
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 MM--Oregon
0
2. In Sec. 52.1970, paragraph (c):
0
a. Table 2--EPA Approved Oregon Administrative Rules (OAR) is amended
by:
0
i. Revising the entries for 204-0010, 225-0090, 240-0010, and 240-0030;
0
ii. Adding a header titled ``Klamath Falls Nonattainment Area'' after
the entry for 240-0440 and adding entries for 240-0500, 240-0510, 240-
0520, 240-0530, 240-0540, and 240-0550 in numerical order;
0
iii. Adding a header titled ``Real and Permanent PM2.5 and
PM10 Offsets'' after the entry for 240-0550 and adding an
entry for 240-0560 in numerical order;
0
iv. Revising the entries for 264-0040, 264-0078, 264-0080, and 264-
0100; and
0
v. Adding in numerical order an entry for 264-0175.
0
b. Table 3--EPA Approved City and County Ordinances is amended by:
0
i. Removing the entry for Klamath County Clean Air Ordinance 63; and
0
ii. Adding an entry for Klamath County Clean Air Ordinance No. 63.06 at
the end of the table.
The revisions and additions read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA Approved Oregon Administrative Rules (OAR)
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
204-0010................. Definitions........... 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
* * * * * * *
225-0090................. Requirements for 12/11/2012 08/25/2015 [Insert Except (2)(a)(C).
Demonstrating a Net Federal Register
Air Quality Benefit. citation].
[[Page 51473]]
* * * * * * *
240-0010................. Purpose............... 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
* * * * * * *
240-0030................. Definitions........... 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Klamath Falls Nonattainment Area
----------------------------------------------------------------------------------------------------------------
240-0500................. Applicability......... 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
240-0510................. Opacity Standard...... 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
240-0520................. Control of Fugitive 12/11/2012 08/25/2015 [Insert .....................
Emissions. Federal Register
citation].
240-0530................. Requirements for 12/11/2012 08/25/2015 [Insert .....................
Operation and Federal Register
Maintenance Plans. citation].
240-0540................. Compliance Schedule 12/11/2012 08/25/2015 [Insert .....................
for Existing Federal Register
Industrial Sources. citation].
240-0550................. Requirements for New 12/11/2012 08/25/2015 [Insert .....................
Sources When Using Federal Register
Residential Wood Fuel- citation].
Fired Device Offsets.
----------------------------------------------------------------------------------------------------------------
Real and Permanent PM2.5 and PM10 Offsets
----------------------------------------------------------------------------------------------------------------
240-0560................. Real and Permanent 12/11/2012 08/25/2015 [Insert .....................
PM2.5 and PM10 Federal Register
Offsets. citation].
* * * * * * *
264-0040................. Exemptions, Statewide. 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
* * * * * * *
264-0078................. Open Burning Control 12/11/2012 08/25/2015 [Insert .....................
Areas. Federal Register
citation].
264-0080................. County Listing of 12/11/2012 08/25/2015 [Insert .....................
Specific Open Burning Federal Register
Rules. citation].
* * * * * * *
264-0100................. Baker, Clatsop, Crook, 12/11/2012 08/25/2015 [Insert .....................
Curry, Deschutes, Federal Register
Gilliam, Grant, citation].
Harney, Hood River,
Jefferson, Klamath,
Lake, Lincoln,
Malheur, Morrow,
Sherman, Tillamook,
Umatilla, Union,
Wallowa, Wasco and
Wheeler Counties.
* * * * * * *
264-0175................. Klamath County........ 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Table 3--EPA Approved City and County Ordinances
----------------------------------------------------------------------------------------------------------------
Agency and ordinance Title or subject Date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Klamath County Ordinance 63.06.. Chapter 406-- 12/31/2012 08/25/2015 [Insert Except 406.300 and
Klamath County Federal Register 406.400 Klamath
Clean Air citation]. Falls PM2.5
Ordinance 63.06. Attainment Plan.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-20903 Filed 8-24-15; 8:45 am]
BILLING CODE 6560-50-P
