Approval and Promulgation of Implementation Plans; State of Oregon; Regional Haze State Implementation Plan, 50611-50613 [2012-20496]
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50611
Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations
EPA-APPROVED NEW HAMPSHIRE REGULATIONS—Continued
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order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
[FR Doc. 2012–20500 Filed 8–21–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2012–0344, FRL–9718–9]
Approval and Promulgation of
Implementation Plans; State of
Oregon; Regional Haze State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve portions of a State
Implementation Plan (SIP) revision
submitted by the State of Oregon on
December 10, 2010 and supplemented
on February 1, 2011, as meeting the
requirements of Clean Air Act (CAA or
the Act) section 169A and B and the
regional haze regulations in 40 CFR
51.308. In a previous action on July 5,
2011, EPA approved portions of the
December 10, 2010, SIP submittal as
meeting the requirements for interstate
transport for visibility of CAA section
110(a)(2)(D)(II) and certain requirements
of the regional haze program including
the requirements for best available
retrofit technology (BART). 76 FR
38997. On May 23, 2012, EPA proposed
approving the remaining portion of the
Regional Haze SIP including those
portions that address requirements of
the CAA and EPA’s rules that require
states to set Reasonable Progress Goals
(RPGs) for their Class I areas, and to
develop a Long-Term Strategy (LTS) to
achieve these goals. 77 FR 30454. In this
Federal Register notice EPA finalizes its
approval of the remaining Regional
Haze SIP elements for which EPA
previously took no action in the July 5,
2011 notice.
DATES: This action is effective on
September 21, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2012–0344. Generally documents in the
docket are available at https://
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SUMMARY:
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www.regulations.gov or in hard copy at
EPA Region 10, Office of Air, Waste,
and Toxics, AWT–107, 1200 Sixth
Avenue, Seattle, Washington 98101.
Please note that while many of the
documents in the docket are available
electronically at https://
www.regulations.gov, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
large maps or voluminous materials, is
not placed on the Internet and will be
publicly available only at the hard copy
location. To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed directly
below.
FOR FURTHER INFORMATION CONTACT:
Keith Rose at telephone number (206)
553–1949, rose.keith@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. Information is organized as
follows:
Table of Contents
I. Background
II. Final Action
III. Scope of Action
IV. Statutory and Executive Order Reviews
I. Background
In the CAA Amendments of 1977,
Congress established a program to
protect and improve visibility in the
national parks and wilderness areas. See
CAA section 169A. Congress amended
the visibility provisions in the CAA in
1990 to focus attention on the problem
of regional haze. See CAA section 169B.
EPA promulgated regulations in 1999 to
implement sections 169A and 169B of
the Act. These regulations require states
to develop and implement plans to
ensure reasonable progress toward
improving visibility in mandatory Class
I Federal areas 1 (Class I areas). 64 FR
1 Areas designated as mandatory Class I Federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977. 42 U.S.C.
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
35714 (July 1, 1999); see also 70 FR
39104 (July 6, 2005) and 71 FR 60612
(October 13, 2006).
On behalf of the State of Oregon, the
Oregon Department of Environmental
Quality (ODEQ) submitted its Regional
Haze State Implementation Plan
(Regional Haze SIP submission or SIP
submittal) to EPA on December 10, 2010
and supplemented it on February 1,
2011. In a previous action EPA
approved certain provisions in Oregon’s
Regional Haze SIP submission. 76 FR
38997. This previous action approved
the BART provisions (40 CFR 51.308(e),
calculation of baseline and natural
conditions (40 CFR 51.308(d)(2)), and
state wide emission inventory of
pollutants that are reasonably
anticipated to cause or contribute to
visibility impairment in any mandatory
Class I area. EPA also approved Oregon
Administrative Rules OAR 340–223–
0010 through 340–223–0080 (Regional
Haze Rules). In that same action, EPA
also approved portions of the SIP
submittal as meeting the requirements
of CAA section 110(a)(2)(D)(i)(II) with
respect to the visibility prong for the
1997 8-hour ozone and 1997 PM2.5
National Ambient Air Quality Standards
(NAAQS).
In a proposed rule published on May
23, 2012, EPA proposed approving the
remaining provisions of Oregon’s
Regional Haze SIP submission, the
regional haze requirements for
establishing RPGs and developing a
LTS. 76 FR 38997. A detailed
explanation of the Regional Haze Rule
including the requirements relating to
the reasonable progress goals and long
term strategy, ODEQ’s reasonable
progress goals and long term strategy,
7472(a). In accordance with section 169A of the
CAA, EPA, in consultation with the Department of
Interior, promulgated a list of 156 areas where
visibility is identified as an important value. 44 FR
69122 (November 30, 1979). The extent of a
mandatory Class I area includes subsequent changes
in boundaries, such as park expansions. 42 U.S.C.
7472(a). Although states and tribes may designate
as Class I additional areas which they consider to
have visibility as an important value, the
requirements of the visibility program set forth in
section 169A of the CAA apply only to ‘‘mandatory
Class I Federal areas.’’ Each mandatory Class I
Federal area is the responsibility of a ‘‘Federal Land
Manager.’’ 42 U.S.C. 7602(i). When we use the term
‘‘Class I area’’ in this action, we mean a ‘‘mandatory
Class I Federal area.’’
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22AUR1
50612
Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations
and EPA’s reasons for approving this
SIP revision were provided in the notice
of proposed rulemaking on May 23,
2012, and will not be restated here. See
77 FR 30454. The public comment
period for this proposed rule ended on
June 22, 2012. EPA did not receive any
comments on the proposal.
wreier-aviles on DSK7SPTVN1PROD with RULES
II. Final Action
EPA is approving the remaining
portions of the Regional Haze SIP
submittal from the State of Oregon,
submitted on December 10, 2010 and
supplemented on February 1, 2011, as
meeting the remaining regional haze
requirements that require states to
prevent any future and remedy any
existing visibility impairment in
mandatory Class I areas caused by
emissions of air pollutants from
numerous sources located over a wide
geographical area. See CAA section
169A and B and Federal Regulations in
40 CFR 51.308. Specifically included is
EPA’s approval of the RPGs established
by Oregon and the elements of its LTS
which include: (1) Ongoing Air
Pollution Control Programs, (2)
Measures to Mitigate Impacts of
Construction Activities, (3) Emission
Limitations and Schedules for
Compliance, (4) Source Retirement and
Replacement Schedules, (5) Smoke
Management Techniques for
Agricultural and Forestry Burning, and
(6) Enforceability of Emission
Limitations and Control Measures.
III. Scope of Action
Oregon has not demonstrated
authority to implement and enforce the
Oregon Administrative rules within
‘‘Indian Country’’ as defined in 18
U.S.C. 1151. ‘‘Indian country’’ is
defined under 18 U.S.C. 1151 as: (1) All
land within the limits of any Indian
reservation under the jurisdiction of the
United States Government,
notwithstanding the issuance of any
patent, and including rights-of-way
running through the reservation, (2) all
dependent Indian communities within
the borders of the United States,
whether within the original or
subsequently acquired territory thereof,
and whether within or without the
limits of a State, and (3) all Indian
allotments, the Indian titles to which
have not been extinguished, including
rights-of-way running through the same.
Under this definition, EPA treats as
reservations trust lands validly set aside
for the use of a Tribe even if the trust
lands have not been formally designated
as a reservation. Therefore, this SIP
approval does not extend to ‘‘Indian
Country’’ in Oregon. See CAA sections
110(a)(2)(A) (SIP shall include
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enforceable emission limits),
110(a)(2)(E)(i) (State must have adequate
authority under State law to carry out
SIP), and 172(c)(6) (nonattainment SIPs
shall include enforceable emission
limits).
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 Act 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 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 Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). In
addition, this rule does not have tribal
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Frm 00052
Fmt 4700
Sfmt 4700
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country located in the
state, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
Consistent with EPA policy, EPA
nonetheless provided a consultation
opportunity to Tribes in Idaho, Oregon
and Washington in letters dated January
14, 2011. EPA received one request for
consultation, and we have followed-up
with that Tribe.
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. 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 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 22, 2012.
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,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Visibility,
and Volatile organic compounds.
Dated: August 8, 2012.
Julie M. Hagensen,
Acting Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
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Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
Subpart MM—Oregon
2. Section 52.1970 is amended by
adding paragraph (c)(151)(ii)(B) to read
as follows:
■
§ 52.1970
Identification of plan.
*
*
*
*
*
(c) * * *
(151) * * *
(ii) * * *
(B) The remaining portions of the
December 20, 2010, SIP revision, which
relate to establishing reasonable
progress goals, and a long term strategy
to achieve these reasonable progress
goals.
*
*
*
*
*
■ 3. Section 52.1973 is amended by
adding paragraph (g)(2) to read as
follows:
§ 52.1973
Approval of plans.
*
*
*
*
*
(g) * * *
(2) EPA approves the remaining
portions of the Regional Haze SIP
revision submitted by the Oregon
Department of Environmental Quality
on December 20, 2010, and adopted by
the Oregon Department of
Environmental Quality Commission on
December 9, 2010, as meeting the
requirements of the Clean Air Act
section 169A and 40 CFR 51.308(d)(1)
regarding establishing reasonable
progress goals, and 51.308(d)(3) for
developing a long term strategy to
achieve these goals.
[FR Doc. 2012–20496 Filed 8–21–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2011–0950; FRL–9359–5]
Didecyl Dimethyl Ammonium
Carbonate and Didecyl Dimethyl
Ammonium Bicarbonate; Exemption
From the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation amends the
exemption from the requirement of a
tolerance for residues of Didecyl
Dimethyl Ammonium Carbonate and
Didecyl Dimethyl Ammonium
Bicarbonate, jointly referred to as
DDACB on food contact surfaces when
applied or used in public eating places,
dairy processing equipment, and/or
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SUMMARY:
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food processing equipment and utensils.
Lonza, Inc. submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
amendment which would provide for an
increase in the final use concentration
of DDACB in products eligible for the
exemption from the requirement of a
tolerance. As amended, the regulation
will exempt solutions from the
requirement of tolerance residues
resulting from contact with surfaces
treated with solutions where the enduse concentration of the DDACB does
not exceed 400 parts per million (ppm).
DATES: This regulation is effective
August 22, 2012. Objections and
requests for hearings must be received
on or before October 22, 2012, and must
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–2011–0950, is
available at https://www.regulations.gov
or at the OPP Docket in the
Environmental Protection Agency
Docket Center (EPA/DC), located in EPA
West, 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 is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Velma Noble, Antimicrobials Division
(7510P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–6233; email address:
noble.velma@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, 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:
• Dairy Cattle Milk Production
(NAICS code 11212).
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Fmt 4700
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50613
• Food manufacturing (NAICS code
311).
• Beverage Manufacturing (NAICS
code 3121).
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 Government Printing
Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, 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–2011–0950 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 22, 2012. 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 that does not
contain any 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 a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2011–0950, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statue.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), Mail Code: 28221T, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.htm.
Additional instructions on commenting
or visiting the docket, along with more
E:\FR\FM\22AUR1.SGM
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Agencies
[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Rules and Regulations]
[Pages 50611-50613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20496]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2012-0344, FRL-9718-9]
Approval and Promulgation of Implementation Plans; State of
Oregon; Regional Haze State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve portions of a State
Implementation Plan (SIP) revision submitted by the State of Oregon on
December 10, 2010 and supplemented on February 1, 2011, as meeting the
requirements of Clean Air Act (CAA or the Act) section 169A and B and
the regional haze regulations in 40 CFR 51.308. In a previous action on
July 5, 2011, EPA approved portions of the December 10, 2010, SIP
submittal as meeting the requirements for interstate transport for
visibility of CAA section 110(a)(2)(D)(II) and certain requirements of
the regional haze program including the requirements for best available
retrofit technology (BART). 76 FR 38997. On May 23, 2012, EPA proposed
approving the remaining portion of the Regional Haze SIP including
those portions that address requirements of the CAA and EPA's rules
that require states to set Reasonable Progress Goals (RPGs) for their
Class I areas, and to develop a Long-Term Strategy (LTS) to achieve
these goals. 77 FR 30454. In this Federal Register notice EPA finalizes
its approval of the remaining Regional Haze SIP elements for which EPA
previously took no action in the July 5, 2011 notice.
DATES: This action is effective on September 21, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R10-OAR-2012-0344. Generally documents in the
docket are available at https://www.regulations.gov or in hard copy at
EPA Region 10, Office of Air, Waste, and Toxics, AWT-107, 1200 Sixth
Avenue, Seattle, Washington 98101. Please note that while many of the
documents in the docket are available electronically at https://www.regulations.gov, some information may not be publicly available,
i.e., Confidential Business Information or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, large maps or voluminous materials, is not placed
on the Internet and will be publicly available only at the hard copy
location. To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed
directly below.
FOR FURTHER INFORMATION CONTACT: Keith Rose at telephone number (206)
553-1949, rose.keith@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. Information is organized
as follows:
Table of Contents
I. Background
II. Final Action
III. Scope of Action
IV. Statutory and Executive Order Reviews
I. Background
In the CAA Amendments of 1977, Congress established a program to
protect and improve visibility in the national parks and wilderness
areas. See CAA section 169A. Congress amended the visibility provisions
in the CAA in 1990 to focus attention on the problem of regional haze.
See CAA section 169B. EPA promulgated regulations in 1999 to implement
sections 169A and 169B of the Act. These regulations require states to
develop and implement plans to ensure reasonable progress toward
improving visibility in mandatory Class I Federal areas \1\ (Class I
areas). 64 FR 35714 (July 1, 1999); see also 70 FR 39104 (July 6, 2005)
and 71 FR 60612 (October 13, 2006).
---------------------------------------------------------------------------
\1\ Areas designated as mandatory Class I Federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977. 42 U.S.C. 7472(a).
In accordance with section 169A of the CAA, EPA, in consultation
with the Department of Interior, promulgated a list of 156 areas
where visibility is identified as an important value. 44 FR 69122
(November 30, 1979). The extent of a mandatory Class I area includes
subsequent changes in boundaries, such as park expansions. 42 U.S.C.
7472(a). Although states and tribes may designate as Class I
additional areas which they consider to have visibility as an
important value, the requirements of the visibility program set
forth in section 169A of the CAA apply only to ``mandatory Class I
Federal areas.'' Each mandatory Class I Federal area is the
responsibility of a ``Federal Land Manager.'' 42 U.S.C. 7602(i).
When we use the term ``Class I area'' in this action, we mean a
``mandatory Class I Federal area.''
---------------------------------------------------------------------------
On behalf of the State of Oregon, the Oregon Department of
Environmental Quality (ODEQ) submitted its Regional Haze State
Implementation Plan (Regional Haze SIP submission or SIP submittal) to
EPA on December 10, 2010 and supplemented it on February 1, 2011. In a
previous action EPA approved certain provisions in Oregon's Regional
Haze SIP submission. 76 FR 38997. This previous action approved the
BART provisions (40 CFR 51.308(e), calculation of baseline and natural
conditions (40 CFR 51.308(d)(2)), and state wide emission inventory of
pollutants that are reasonably anticipated to cause or contribute to
visibility impairment in any mandatory Class I area. EPA also approved
Oregon Administrative Rules OAR 340-223-0010 through 340-223-0080
(Regional Haze Rules). In that same action, EPA also approved portions
of the SIP submittal as meeting the requirements of CAA section
110(a)(2)(D)(i)(II) with respect to the visibility prong for the 1997
8-hour ozone and 1997 PM2.5 National Ambient Air Quality
Standards (NAAQS).
In a proposed rule published on May 23, 2012, EPA proposed
approving the remaining provisions of Oregon's Regional Haze SIP
submission, the regional haze requirements for establishing RPGs and
developing a LTS. 76 FR 38997. A detailed explanation of the Regional
Haze Rule including the requirements relating to the reasonable
progress goals and long term strategy, ODEQ's reasonable progress goals
and long term strategy,
[[Page 50612]]
and EPA's reasons for approving this SIP revision were provided in the
notice of proposed rulemaking on May 23, 2012, and will not be restated
here. See 77 FR 30454. The public comment period for this proposed rule
ended on June 22, 2012. EPA did not receive any comments on the
proposal.
II. Final Action
EPA is approving the remaining portions of the Regional Haze SIP
submittal from the State of Oregon, submitted on December 10, 2010 and
supplemented on February 1, 2011, as meeting the remaining regional
haze requirements that require states to prevent any future and remedy
any existing visibility impairment in mandatory Class I areas caused by
emissions of air pollutants from numerous sources located over a wide
geographical area. See CAA section 169A and B and Federal Regulations
in 40 CFR 51.308. Specifically included is EPA's approval of the RPGs
established by Oregon and the elements of its LTS which include: (1)
Ongoing Air Pollution Control Programs, (2) Measures to Mitigate
Impacts of Construction Activities, (3) Emission Limitations and
Schedules for Compliance, (4) Source Retirement and Replacement
Schedules, (5) Smoke Management Techniques for Agricultural and
Forestry Burning, and (6) Enforceability of Emission Limitations and
Control Measures.
III. Scope of Action
Oregon has not demonstrated authority to implement and enforce the
Oregon Administrative rules within ``Indian Country'' as defined in 18
U.S.C. 1151. ``Indian country'' is defined under 18 U.S.C. 1151 as: (1)
All land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and including rights-of-way running through the
reservation, (2) all dependent Indian communities within the borders of
the United States, whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a State,
and (3) all Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same. Under
this definition, EPA treats as reservations trust lands validly set
aside for the use of a Tribe even if the trust lands have not been
formally designated as a reservation. Therefore, this SIP approval does
not extend to ``Indian Country'' in Oregon. See CAA sections
110(a)(2)(A) (SIP shall include enforceable emission limits),
110(a)(2)(E)(i) (State must have adequate authority under State law to
carry out SIP), and 172(c)(6) (nonattainment SIPs shall include
enforceable emission limits).
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 Act 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 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 Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition,
this rule does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the state, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law. Consistent with EPA policy, EPA nonetheless
provided a consultation opportunity to Tribes in Idaho, Oregon and
Washington in letters dated January 14, 2011. EPA received one request
for consultation, and we have followed-up with that Tribe.
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. 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 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 22, 2012. 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, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Visibility, and Volatile organic compounds.
Dated: August 8, 2012.
Julie M. Hagensen,
Acting Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
[[Page 50613]]
Authority: 42 U.S.C. 7401 et seq.
Subpart MM--Oregon
0
2. Section 52.1970 is amended by adding paragraph (c)(151)(ii)(B) to
read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(151) * * *
(ii) * * *
(B) The remaining portions of the December 20, 2010, SIP revision,
which relate to establishing reasonable progress goals, and a long term
strategy to achieve these reasonable progress goals.
* * * * *
0
3. Section 52.1973 is amended by adding paragraph (g)(2) to read as
follows:
Sec. 52.1973 Approval of plans.
* * * * *
(g) * * *
(2) EPA approves the remaining portions of the Regional Haze SIP
revision submitted by the Oregon Department of Environmental Quality on
December 20, 2010, and adopted by the Oregon Department of
Environmental Quality Commission on December 9, 2010, as meeting the
requirements of the Clean Air Act section 169A and 40 CFR 51.308(d)(1)
regarding establishing reasonable progress goals, and 51.308(d)(3) for
developing a long term strategy to achieve these goals.
[FR Doc. 2012-20496 Filed 8-21-12; 8:45 am]
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