Approval and Promulgation of Implementation Plans; Oregon: Heat Smart Program and Enforcement Procedures, 37124-37126 [2013-14501]
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37124
Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations
requirements, Volatile organic
compounds.
table in paragraph (c) before the heading
for ‘‘Environmental Conservation Law;’’
■ b. Adding a new heading for ‘‘Public
Officers Law’’ and a new entry for
‘‘Section 73–a, Financial Disclosure’’ to
the table in paragraph (c) after the entry
for ‘‘Section 19–0325;’’ and,
■ c. Adding a new entry at the end of
the table in paragraph (e).
The additions read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Dated: June 5, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
1. The authority citation for part 52
continues to read as follows:
■
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. Section 52.1670 is amended by:
a. Adding a new heading for Title 19
and a new entry for ‘‘Part 937, Access
to Publicly Available Records’’ to the
■
■
§ 52.1670
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
New York State regulation
State effective
date
*
*
Title 19
Part 937, ‘‘Access To Publicly Available Records’’.
*
Latest EPA approval date
*
8/27/12
Comments
*
*
6/20/13 [Insert FR page citation] ............
*
*
Public Officers Law
Section 73–a, ‘‘Financial disclosure’’
*
*
Only subpart 937.1(a) is approved into
the SIP and is for the limited purpose
of satisfying Clean Air Act Section
128(a)(2).
(e) * * *
*
*
*
*
*
8/15/11
*
*
*
6/20/13 [Insert FR page citation] ............
*
Only subsections 73–a (2)(a)(i) and (ii)
are approved into the SIP and are for
the limited purpose of satisfying Clean
Air Act Section 128(a)(2).
EPA-APPROVED NEW YORK NONREGULATORY AND QUASI–REGULATORY PROVISIONS
Action/SIP element
Applicable geographic or
nonattainment area
New York submittal date
EPA approval date
Explanation
*
Section 110(a)(2) Infrastructure Requirements
for the 1997 8-hour
ozone and the 1997 and
2006 PM2.5 NAAQS.
*
*
Statewide ..........................
*
12/13/07, 10/2/08, 3/15/10
and supplemented on 5/
23/13.
*
*
6/20/13 [Insert page number where the document
begins].
*
This action addresses the
following CAA elements:
110(a)(2)(A), (B), (C),
(D)(i)(II) prongs 3 and 4,
(D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
The EPA is approving
revisions to Oregon’s State
Implementation Plan (SIP) submitted to
the EPA by the State of Oregon on
October 5, 2011, June 8, 2012, and
November 28, 2012. The submitted
revisions relate to Oregon’s Heat Smart
program, rules for enforcement
procedures and civil penalties, and
contain minor revisions and
clarifications to general air pollution
definitions, rules for stationary source
notification requirements, and
requirements for fuel burning. The EPA
is approving these SIP revisions because
the revisions meet the requirements of
the Clean Air Act.
DATES:
SUMMARY:
[FR Doc. 2013–14626 Filed 6–19–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R10–OAR–2012–0494, FRL–9802–7]
Approval and Promulgation of
Implementation Plans; Oregon: Heat
Smart Program and Enforcement
Procedures
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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16:04 Jun 19, 2013
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This final rule is effective on July
22, 2013.
The EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2012–0494. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
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 either
ADDRESSES:
E:\FR\FM\20JNR1.SGM
20JNR1
Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations
electronically through 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. The
EPA requests that you contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
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, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, it is
intended to refer to the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
mstockstill on DSK4VPTVN1PROD with RULES
I. Background
On October 5, 2011, June 8, 2012, and
November 28, 2012, the State of Oregon
submitted revisions to the EPA for
approval into the Oregon SIP. The
submitted revisions relate to Oregon’s
Heat Smart program in Oregon
Administrative Rules (OAR) Chapter
340, Division 262 (OAR 340–262), the
enforcement procedures and civil
penalties rules (OAR 340–012), and
contain minor revisions and
clarifications to general air pollution
definitions (OAR 340–200), rules for
stationary source notification
requirements (OAR 340–210), and
requirements for fuel burning (OAR
340–228). In a proposed rule published
on February 11, 2013 (78 FR 9651), the
EPA proposed to approve these
revisions to the Oregon SIP. An
explanation of the Clean Air Act (CAA)
requirements and implementing
regulations related to these SIP revisions
and the EPA’s reasons for approving the
SIP revisions were provided in the
notice of proposed rulemaking on
February 11, 2013, and will not be
restated here. The public comment
period for this proposed rule ended on
March 13, 2013.
II. Response to Comments
The EPA received two comments on
the proposed rule. The first commenter
requested clarification on the scope of
the definition of solid fuel burning
devices at OAR 340–262–0450.
Specifically, the commenter requested
and received confirmation from the EPA
that barbeques and campfires were not
included in the definition of solid fuel
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16:04 Jun 19, 2013
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burning devices at OAR–340–262–0450.
The second commenter supported the
approval of the Oregon Heat Smart
program rules and their contribution to
reduced emissions and improved air
quality. We agree with this comment
and no response was necessary. Both
comments are available in the docket.
III. Final Action
The EPA is approving the October 5,
2011, June 8, 2012, and November 28,
2012 SIP submittals from the State of
Oregon as meeting the requirements of
the CAA. Specifically, the EPA is
approving revisions to OAR 340–012,
OAR 340–200, OAR 340–210, OAR 340–
228 and OAR 340–262 because the
revisions are consistent with CAA
requirements. In addition, the EPA
approves the removal from the SIP of
the regulations previously codified at
OAR 340–262–0010 to OAR 340–262–
0330 because the citations for these
regulations have been renumbered.
With regard to OAR 340–012, the EPA
is approving the revisions to OAR 340–
012, subject to the following
qualifications. The EPA’s authority to
approve SIP revisions extends to
provisions related to attainment and
maintenance of the NAAQS and
carrying out other specific requirements
of Section 110 of the CAA. Therefore,
the EPA is approving the revisions to
OAR 340–012 only to the extent they
relate to enforcement of requirements
contained in the Federally-approved
Oregon SIP. Additionally, the EPA is
not incorporating these rules by
reference into the Code of Federal
Regulations because the EPA relies on
its own independent enforcement
procedures and penalty provisions in
bringing enforcement actions and
assessing penalties under the CAA.
The submittals contain an amendment
to OAR 340–200–0040, which describes
the State’s procedures for adopting its
Clean Air Act Implementation Plan and
references all of the state air regulations
that have been adopted by the
Environmental Quality Commission for
approval into the SIP (as a matter of
state law), whether or not they have yet
been submitted to or approved by the
EPA. We are proposing no action on the
revisions to OAR 340–200–0040 in the
SIP submittal because it is unnecessary
to take action on a provision addressing
State SIP adoption procedures and
because the Federally-approved SIP
consists only of regulations and other
requirements that have been submitted
by ODEQ and approved by the EPA.
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37125
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
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the 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 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 CAA; 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).
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 the EPA notes
that it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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37126
Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations
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 August 19, 2013. 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, Volatile organic
compounds, Reporting and
recordkeeping requirements.
Dated: April 3, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
Part 52, chapter I, title 40 of the Code
of Federal Regulations 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.
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Subpart MM—Oregon
2. Section 52.1970 is amended by
adding paragraphs (c)(139)(i)(D) and (E),
(c)(153)(i)(H) and (I), and (c)(157) to
read as follows:
■
§ 52.1970
Identification of plan.
*
*
*
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*
*
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(c) * * *
(139) * * *
(i) * * *
(D) Based on a SIP revision submitted
by Oregon on October 5, 2011, Oregon
Administrative Rules Chapter 340,
Division 262 ‘‘Residential
Woodheating,’’ as effective October 14,
1999, the following provisions are
removed from the SIP: 262–0010, 262–
0020, 262–0030, 262–0040, 262–0100,
262–0110, 262–0120, 262–0130, 262–
0200, 262–0210, 262–0220, 262–0230,
262–0240, 262–0250, 262–0300, 262–
0310, 262–0320, 262–0330.
(E) Based on a SIP revision submitted
by Oregon on June 8, 2012, Oregon
Administrative Rules Chapter 340,
Division 210 ‘‘Stationary Source
Notification Requirements,’’ as effective
October 8, 2002, the following
provisions are removed from the SIP
and replaced by revised provisions
effective May 17, 2012: 210–0100, 210–
0110, 210–0120, 210–0250.
*
*
*
*
*
(153) * * *
(i) * * *
(H) Based on a SIP revision submitted
by Oregon on June 8, 2012, Oregon
Administrative Rules Chapter 340,
Division 200 ‘‘General Air Pollution
Procedures and Definitions,’’ the
following provision 340–200–0020, as
effective May 1, 2011, is removed from
the SIP and replaced by revised
provision 340–200–0020 as effective
May 17, 2012.
(I) Based on a SIP revision submitted
by Oregon on June 8, 2012, Oregon
Administrative Rules Chapter 340,
Division 228 ‘‘Requirements for Fuel
Burning Equipment and Fuel Sulfur
Content,’’ the following provisions 228–
0020, 228–0200, 228–0210, as effective
November 8, 2007, are removed from
the SIP and replaced by revised
provisions 228–0020, 228–0200, 228–
0210, as effective May 17, 2012.
*
*
*
*
*
(157) On October 5, 2011, June 8,
2012, and November 28, 2012, the
Oregon Department of Environmental
Quality submitted revisions to the
Oregon Administrative Rules (OAR)
Chapter 340 as revisions to the Oregon
State Implementation Plan (SIP). The
submissions relate to Oregon’s Heat
Smart program, enforcement procedures
and civil penalties, general air pollution
definitions, rules for stationary source
notification requirements, and
requirements for fuel burning.
(i) Incorporation by reference.
(A) The following sections of the OAR
Chapter 340, Division 262, effective
March 15, 2011: Division 262, Heat
Smart Program for Residential
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Woodstoves and Other Solid Fuel
Heating Devices: Rule 0400 Purpose and
Applicability of Rules; Rule 0500
Certification of Solid Fuel Burning
Devices for Sale as New; Rule 0700
Removal and Destruction of Used Solid
Fuel Burning Devices; Rule 0800 Wood
Burning and Other Heating Devices
Curtailment Program; Rule 0900
Materials Prohibited from Burning.
(B) The following sections of the OAR
Chapter 340, Division 262, effective May
17, 2012: Division 262, Heat Smart
Program for Residential Woodstoves and
Other Solid Fuel Heating Devices: Rule
0450 Definitions; Rule 0600 New and
Used Solid Fuel Burning Devices Sold
in Oregon.
(ii) Additional Material:
(A) The following revised sections of
Oregon Administrative Rules Chapter
340, effective November 10, 2008:
Division 12 Enforcement Procedures
and Civil Penalties: Rule 0030
Definitions, Rule 0038 Warning Letters,
Pre-Enforcement Notices and Notices of
Permit Violation, Rule 0155 Additional
or Alternate Civil Penalties, Rule 0170
Compromise or Settlement of Civil
Penalty by Department.
(B) The following revised sections of
Oregon Administrative Rules Chapter
340, effective March 15, 2011: Division
12 Enforcement Procedures and Civil
Penalties: Rule 0054 Air Quality
Classifications and Violations, Rule
0140 Determination of Base Penalty.
[FR Doc. 2013–14501 Filed 6–19–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2013–0233; FRL–9825–6]
Approval and Promulgation of
Implementation Plans; State of
Kansas; Infrastructure SIP
Requirements for the 1997 and 2006
Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing approval of
four Kansas State Implementation Plan
(SIP) submissions. EPA is approving
portions of two SIP submissions
addressing the applicable infrastructure
requirements of the Clean Air Act (CAA)
for the 1997 and 2006 National Ambient
Air Quality Standards (NAAQS) for fine
particulate matter (PM2.5). These
infrastructure requirements are designed
to ensure that the structural components
SUMMARY:
E:\FR\FM\20JNR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37124-37126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14501]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2012-0494, FRL-9802-7]
Approval and Promulgation of Implementation Plans; Oregon: Heat
Smart Program and Enforcement Procedures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving revisions to Oregon's State
Implementation Plan (SIP) submitted to the EPA by the State of Oregon
on October 5, 2011, June 8, 2012, and November 28, 2012. The submitted
revisions relate to Oregon's Heat Smart program, rules for enforcement
procedures and civil penalties, and contain minor revisions and
clarifications to general air pollution definitions, rules for
stationary source notification requirements, and requirements for fuel
burning. The EPA is approving these SIP revisions because the revisions
meet the requirements of the Clean Air Act.
DATES: This final rule is effective on July 22, 2013.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2012-0494. All documents in the
docket are listed on the https://www.regulations.gov Web site. Although
listed in the index, some information may not be publicly available,
i.e., 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 either
[[Page 37125]]
electronically through 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. The EPA requests that you contact
the person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, 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, wherever ``we,''
``us,'' or ``our'' are used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On October 5, 2011, June 8, 2012, and November 28, 2012, the State
of Oregon submitted revisions to the EPA for approval into the Oregon
SIP. The submitted revisions relate to Oregon's Heat Smart program in
Oregon Administrative Rules (OAR) Chapter 340, Division 262 (OAR 340-
262), the enforcement procedures and civil penalties rules (OAR 340-
012), and contain minor revisions and clarifications to general air
pollution definitions (OAR 340-200), rules for stationary source
notification requirements (OAR 340-210), and requirements for fuel
burning (OAR 340-228). In a proposed rule published on February 11,
2013 (78 FR 9651), the EPA proposed to approve these revisions to the
Oregon SIP. An explanation of the Clean Air Act (CAA) requirements and
implementing regulations related to these SIP revisions and the EPA's
reasons for approving the SIP revisions were provided in the notice of
proposed rulemaking on February 11, 2013, and will not be restated
here. The public comment period for this proposed rule ended on March
13, 2013.
II. Response to Comments
The EPA received two comments on the proposed rule. The first
commenter requested clarification on the scope of the definition of
solid fuel burning devices at OAR 340-262-0450. Specifically, the
commenter requested and received confirmation from the EPA that
barbeques and campfires were not included in the definition of solid
fuel burning devices at OAR-340-262-0450. The second commenter
supported the approval of the Oregon Heat Smart program rules and their
contribution to reduced emissions and improved air quality. We agree
with this comment and no response was necessary. Both comments are
available in the docket.
III. Final Action
The EPA is approving the October 5, 2011, June 8, 2012, and
November 28, 2012 SIP submittals from the State of Oregon as meeting
the requirements of the CAA. Specifically, the EPA is approving
revisions to OAR 340-012, OAR 340-200, OAR 340-210, OAR 340-228 and OAR
340-262 because the revisions are consistent with CAA requirements. In
addition, the EPA approves the removal from the SIP of the regulations
previously codified at OAR 340-262-0010 to OAR 340-262-0330 because the
citations for these regulations have been renumbered.
With regard to OAR 340-012, the EPA is approving the revisions to
OAR 340-012, subject to the following qualifications. The EPA's
authority to approve SIP revisions extends to provisions related to
attainment and maintenance of the NAAQS and carrying out other specific
requirements of Section 110 of the CAA. Therefore, the EPA is approving
the revisions to OAR 340-012 only to the extent they relate to
enforcement of requirements contained in the Federally-approved Oregon
SIP. Additionally, the EPA is not incorporating these rules by
reference into the Code of Federal Regulations because the EPA relies
on its own independent enforcement procedures and penalty provisions in
bringing enforcement actions and assessing penalties under the CAA.
The submittals contain an amendment to OAR 340-200-0040, which
describes the State's procedures for adopting its Clean Air Act
Implementation Plan and references all of the state air regulations
that have been adopted by the Environmental Quality Commission for
approval into the SIP (as a matter of state law), whether or not they
have yet been submitted to or approved by the EPA. We are proposing no
action on the revisions to OAR 340-200-0040 in the SIP submittal
because it is unnecessary to take action on a provision addressing
State SIP adoption procedures and because the Federally-approved SIP
consists only of regulations and other requirements that have been
submitted by ODEQ and approved by the EPA.
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 Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the 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 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 CAA; 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).
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 the EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
[[Page 37126]]
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 August 19, 2013. 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, Volatile
organic compounds, Reporting and recordkeeping requirements.
Dated: April 3, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
Part 52, chapter I, title 40 of the Code of Federal Regulations 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. Section 52.1970 is amended by adding paragraphs (c)(139)(i)(D) and
(E), (c)(153)(i)(H) and (I), and (c)(157) to read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(139) * * *
(i) * * *
(D) Based on a SIP revision submitted by Oregon on October 5, 2011,
Oregon Administrative Rules Chapter 340, Division 262 ``Residential
Woodheating,'' as effective October 14, 1999, the following provisions
are removed from the SIP: 262-0010, 262-0020, 262-0030, 262-0040, 262-
0100, 262-0110, 262-0120, 262-0130, 262-0200, 262-0210, 262-0220, 262-
0230, 262-0240, 262-0250, 262-0300, 262-0310, 262-0320, 262-0330.
(E) Based on a SIP revision submitted by Oregon on June 8, 2012,
Oregon Administrative Rules Chapter 340, Division 210 ``Stationary
Source Notification Requirements,'' as effective October 8, 2002, the
following provisions are removed from the SIP and replaced by revised
provisions effective May 17, 2012: 210-0100, 210-0110, 210-0120, 210-
0250.
* * * * *
(153) * * *
(i) * * *
(H) Based on a SIP revision submitted by Oregon on June 8, 2012,
Oregon Administrative Rules Chapter 340, Division 200 ``General Air
Pollution Procedures and Definitions,'' the following provision 340-
200-0020, as effective May 1, 2011, is removed from the SIP and
replaced by revised provision 340-200-0020 as effective May 17, 2012.
(I) Based on a SIP revision submitted by Oregon on June 8, 2012,
Oregon Administrative Rules Chapter 340, Division 228 ``Requirements
for Fuel Burning Equipment and Fuel Sulfur Content,'' the following
provisions 228-0020, 228-0200, 228-0210, as effective November 8, 2007,
are removed from the SIP and replaced by revised provisions 228-0020,
228-0200, 228-0210, as effective May 17, 2012.
* * * * *
(157) On October 5, 2011, June 8, 2012, and November 28, 2012, the
Oregon Department of Environmental Quality submitted revisions to the
Oregon Administrative Rules (OAR) Chapter 340 as revisions to the
Oregon State Implementation Plan (SIP). The submissions relate to
Oregon's Heat Smart program, enforcement procedures and civil
penalties, general air pollution definitions, rules for stationary
source notification requirements, and requirements for fuel burning.
(i) Incorporation by reference.
(A) The following sections of the OAR Chapter 340, Division 262,
effective March 15, 2011: Division 262, Heat Smart Program for
Residential Woodstoves and Other Solid Fuel Heating Devices: Rule 0400
Purpose and Applicability of Rules; Rule 0500 Certification of Solid
Fuel Burning Devices for Sale as New; Rule 0700 Removal and Destruction
of Used Solid Fuel Burning Devices; Rule 0800 Wood Burning and Other
Heating Devices Curtailment Program; Rule 0900 Materials Prohibited
from Burning.
(B) The following sections of the OAR Chapter 340, Division 262,
effective May 17, 2012: Division 262, Heat Smart Program for
Residential Woodstoves and Other Solid Fuel Heating Devices: Rule 0450
Definitions; Rule 0600 New and Used Solid Fuel Burning Devices Sold in
Oregon.
(ii) Additional Material:
(A) The following revised sections of Oregon Administrative Rules
Chapter 340, effective November 10, 2008: Division 12 Enforcement
Procedures and Civil Penalties: Rule 0030 Definitions, Rule 0038
Warning Letters, Pre-Enforcement Notices and Notices of Permit
Violation, Rule 0155 Additional or Alternate Civil Penalties, Rule 0170
Compromise or Settlement of Civil Penalty by Department.
(B) The following revised sections of Oregon Administrative Rules
Chapter 340, effective March 15, 2011: Division 12 Enforcement
Procedures and Civil Penalties: Rule 0054 Air Quality Classifications
and Violations, Rule 0140 Determination of Base Penalty.
[FR Doc. 2013-14501 Filed 6-19-13; 8:45 am]
BILLING CODE 6560-50-P
