Approval and Promulgation of Implementation Plans; Oregon: Grants Pass Second 10-Year PM10, 45431-45435 [2015-18354]
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TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Name of SIP provision
Applicable geographic or
nonattainment area
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Interstate Transport
for the 2006 24hour PM2.5
NAAQS.
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Statewide ...........................
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2015–0323; FRL–9931–16–
Region 10]
Approval and Promulgation of
Implementation Plans; Oregon: Grants
Pass Second 10-Year PM10 Limited
Maintenance Plan
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a limited
maintenance plan submitted by the
State of Oregon on April 22, 2015, for
the Grants Pass area for particulate
matter with an aerodynamic diameter
less than or equal to a nominal 10
micrometers (PM10). The plan explains
how this area will continue to meet the
PM10 National Ambient Air Quality
Standard for a second 10-year period
through 2025.
DATES: This rule is effective on
September 28, 2015, without further
notice, unless the EPA receives adverse
comment by August 31, 2015. If the EPA
receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2015–0323, by any of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: edmondson.lucy@epa.gov.
• Mail: Lucy Edmondson, EPA
Region 10, Office of Air, Waste and
Toxics, AWT–150, 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101.
• Hand Delivery/Courier: EPA Region
10, 1200 Sixth Avenue, Suite 900,
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SUMMARY:
13:32 Jul 29, 2015
EPA approval date
Comments
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110(a)(2) Infrastructure and Interstate Transport
[FR Doc. 2015–18611 Filed 7–29–15; 8:45 am]
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State submittal
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7/30/15 ..............................................
[Insert Federal Register citation] .....
Seattle, WA 98101. Attention: Lucy
Edmondson, Office of Air, Waste and
Toxics, AWT–150. Such deliveries are
only accepted during normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2015–
0323. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
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defects or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
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This
action
addresses
110(a)(2)(D)(i)(I).
CAA
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle,
WA 98101.
FOR FURTHER INFORMATION CONTACT:
Lucy Edmondson (360) 753–9082,
edmondson.lucy@epa.gov, or by using
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. This Action
II. Background
III. Public and Stakeholder Involvement in
Rulemaking Process
IV. The Limited Maintenance Plan Option for
PM10 Areas
A. Requirements for the Limited
Maintenance Plan Option
B. Conformity Under the Limited
Maintenance Plan Option
V. Review of the State’s Submittal
A. Has the State demonstrated that Grants
Pass qualifies for the limited
maintenance plan option?
B. Does the State have an approved
attainment emissions inventory?
C. Does the limited Maintenance plan
include an assurance of continued
operation of an appropriate EPAapproved air quality monitoring
network, in accordance with 40 CFR part
58?
D. Does the plan meet the Clean Air Act
requirements for contingency
provisions?
E. Has the State met conformity
requirements?
VI. Oregon Notice Provision
VII. Statutory and Executive Order Reviews
I. This Action
The EPA is approving the limited
maintenance plan submitted by the
State of Oregon (the State) on April 22,
2015, for the Grants Pass Urban Growth
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Boundary. The plan addresses
maintenance of the PM10 National
Ambient Air Quality Standard for a
second 10-year period through 2025.
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II. Background
The EPA identified the Grants Pass,
Oregon, Urban Growth Boundary as a
‘‘Group I’’ area of concern due to
measured violations of the newly
promulgated 24-hour PM10 National
Ambient Air Quality Standard (NAAQS)
on August 7, 1987 (52 FR 29383). On
November 15, 1990, the Clean Air Act
(CAA) Amendments under section
107(d)(4)(B), designated Grants Pass
Group I area as nonattainment for PM10
by operation of law. The EPA published
a Federal Register document
announcing all areas designated
nonattainment for PM10 on March 15,
1991 (56 FR 11101). The Oregon
Department of Environmental Quality
(ODEQ) worked with the community of
Grants Pass to develop a plan for
attainment of the PM10 NAAQS. Control
measures focused on reducing smoke
emissions with PM10 control measures
for wood stoves, open forestry burning,
as well as industrial growth controls
and other strategies. The EPA proposed
approval of the plan on March 10, 1993
(58 FR 13230), and approved it on
December 17, 1993 (58 FR 65934). On
November 5, 1999, Oregon submitted a
complete rule renumbering and
relabeling package to the EPA for
approval into the SIP. On January 22,
2003, the EPA approved the recodified
version of Oregon’s rules to remove and
replace the outdated numbering system
(68 FR 2891). The EPA approved
ODEQ’s maintenance plan to ensure
continued compliance with the PM10
NAAQS for ten years on October 27,
2003 (68 FR 61111).
In addition to approving ODEQ’s
maintenance plan for the area, the EPA
also approved ODEQ’s request to
redesignate the Grants Pass
nonattainment area to attainment on
October 27, 2003 (68 FR 61111). The
purpose of the submitted limited
maintenance plan is to fulfill the second
10-year planning requirement of CAA
section 175A(b) to ensure compliance
through 2025.
III. Public and Stakeholder
Involvement in Rulemaking Process
Section 110(a)(2) of the CAA requires
that each SIP revision offer a reasonable
opportunity for notice and public
hearing. This must occur prior to the
revision being submitted by the State to
the EPA. The State provided notice and
an opportunity for public comment from
December 16, 2014 until January 26,
2015 with no comments received. ODEQ
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also held a public hearing on January
22, 2015 in Grants Pass. This SIP
revision was submitted by the
Governor’s designee and was received
by the EPA on April 22, 2015. The EPA
evaluated ODEQ’s submittal and
determined that the State met the
requirements for reasonable notice and
public hearing under section 110(a)(2)
of the CAA.
IV. The Limited Maintenance Plan
Option for PM10 Areas
A. Requirements for the Limited
Maintenance Plan Option
On August 9, 2001, the EPA issued
guidance on streamlined maintenance
plan provisions for certain moderate
PM10 nonattainment areas (Memo from
Lydia Wegman, Director, Air Quality
Standards and Strategies Division,
entitled ‘‘Limited Maintenance Plan
Option for Moderate PM10
Nonattainment Areas’’ (limited
maintenance plan option memo). The
limited maintenance plan option memo
contains a statistical demonstration that
areas meeting certain air quality criteria
will, with a high degree of probability,
maintain the standard ten years into the
future. Thus, the EPA provided the
maintenance demonstration for areas
meeting the criteria outlined in the
memo. It follows that future year
emission inventories for these areas, and
some of the standard analyses to
determine transportation conformity
with the SIP, are no longer necessary.
To qualify for the limited
maintenance plan option, the State must
demonstrate the area meets the criteria
described below. First, the area should
have attained the PM10 NAAQS.
Second, the most recent five years of air
quality data at all monitors in the area,
called the 24-hour average design value,
should be at or below 98 mg/m3. Third,
the State should expect only limited
growth in on-road motor vehicle PM10
emissions (including fugitive dust) and
should have passed a motor vehicle
regional emissions analysis test. Lastly,
the memo identifies core provisions that
must be included in all limited
maintenance plans. These provisions
include an attainment year emissions
inventory, assurance of continued
operation of an EPA-approved air
quality monitoring network, and
contingency provisions.
B. Conformity Under the Limited
Maintenance Plan Option
The transportation conformity rule
and the general conformity rule (40 CFR
parts 51 and 93) apply to nonattainment
areas and areas covered by an approved
maintenance plan. Under either
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conformity rule, an acceptable method
of demonstrating a Federal action
conforms to the applicable SIP is to
demonstrate that expected emissions
from the planned action are consistent
with the emissions budget for the area.
While qualification for the limited
maintenance plan option does not
exempt an area from the need to affirm
conformity, conformity may be
demonstrated without submitting an
emissions budget. Under the limited
maintenance plan option, emissions
budgets are treated as essentially not
constraining for the length of the
maintenance period because it is
unreasonable to expect that the
qualifying areas would experience so
much growth in the period that a
violation of the PM10 NAAQS would
result. For transportation conformity
purposes, the EPA would conclude that
emissions in these areas need not be
capped for the maintenance period and
therefore a regional emissions analysis
would not be required. Similarly,
Federal actions subject to the general
conformity rule could be considered to
satisfy the ‘‘budget test’’ specified in 40
CFR 93.158(a)(5)(i)(A) for the same
reasons that the budgets are essentially
considered to be unlimited.
V. Review of the State’s Submittal
A. Has the State demonstrated that
Grants Pass qualifies for the limited
maintenance plan option?
As discussed above, the limited
maintenance plan option memo outlines
the requirements for an area to qualify.
First, the area should be attaining the
NAAQS. The EPA determined the
Grants Pass area attained the PM10
NAAQS based on monitoring data from
1988 through 1990 and approved the
State’s maintenance plan and request to
redesignate the area from nonattainment
to attainment on October 27, 2003 (68
FR 61111). The area has been in
continued compliance with the PM10
NAAQS since that time.
Second, the average design value for
the past five years of monitoring data
must be at or below the critical design
value of 98 mg/m3 for the 24-hour PM10
NAAQS. The critical design value is a
margin of safety in which an area has a
one in ten probability of exceeding the
NAAQS. Using the most recently
available Federal Reference Method
(FRM) monitoring data for the years
2004–2008, the State’s analysis
demonstrated that Grants Pass average
design value was 49 mg/m3, well below
the 98 mg/m3 threshold. An FRM
monitor is one that has been approved
by the EPA under 40 CFR part 58 to
measure compliance with the NAAQS.
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As discussed later in this proposal,
ODEQ also calculated average design
values using a linear regression analysis
technique for the period 2009 to 2013.
This more recent monitoring data shows
that PM10 levels continue to be well
below the standard with an average
design value of 49 mg/m3. The EPA
reviewed the data provided by ODEQ
and finds that Grants Pass meets the
design value criteria outlined in the
limited maintenance plan option memo.
Third, the area must meet the motor
vehicle regional emissions analysis test
described in attachment B of the limited
maintenance plan option memo. ODEQ
submitted an analysis showing that
growth in on-road mobile PM10
emissions sources was minimal and
would not threaten the assumption of
maintenance that underlies the limited
maintenance plan policy. Using the
EPA’s methodology, ODEQ calculated a
regional emissions analysis margin of
safety of 52 mg/m3, easily meeting the
threshold of 98 mg/m3. The EPA
reviewed the calculations in the State’s
limited maintenance plan submittal and
concurs with this conclusion.
Lastly, the limited maintenance plan
option memo requires all controls relied
on to demonstrate attainment remain in
place for the area to qualify. The area’s
first 10-year maintenance plan relied on
measures addressing residential wood
combustion, open burning, road dust
from motor vehicles and a major new
source review program for industry.
EPA approved the rules into the SIP on
October 27, 2003 (68 FR 61111).
As described above, Grants Pass meets
the qualification criteria set forth in the
limited maintenance plan option memo.
Under the limited maintenance plan
option, the State will be expected to
determine on an annual basis that the
criteria are still being met. If the State
determines that the limited maintenance
plan criteria are not being met, it should
take action to reduce PM10
concentrations enough to requalify. One
possible approach the State could take
is to implement contingency measures.
Section V. I. provides a description of
contingency provisions included as part
of the limited maintenance plan
submittal.
B. Does the State have an approved
attainment emissions inventory?
Pursuant to the limited maintenance
plan option memo, the State’s approved
attainment plan should include an
emissions inventory which can be used
to demonstrate attainment of the
NAAQS. The inventory should
represent emissions during the same
five-year period associated with air
quality data used to determine whether
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the area meets the applicability
requirements of the limited
maintenance plan option.
ODEQ’s Grants Pass limited
maintenance plan submittal includes an
emissions inventory based on EPA’s
2011 National Emissions Inventory
(NEI) data for Josephine County. The
2011 base year represents the most
recent emissions inventory data
available and is consistent with the data
used to determine applicability of the
limited maintenance plan option. This
approach is also consistent with the
1993 emission inventory developed for
the first maintenance plan. Historically,
exceedances of the 24-hr PM10 standard
in Grants Pass have occurred during the
winter months, between November 1
and the end of February. As such, in
addition to annual emissions, typical
season day and worst-case season day
emissions are included in the inventory.
The term ‘‘worst-case day’’ describes the
maximum activity/emissions that have
occurred or could occur on a season
day, for each emissions source. Worstcase day emissions are summed for all
sources/categories, i.e. assumed to occur
on the same day. This assumption is the
basis for what would be needed to cause
an exceedance of the 24-hr standard.
The unit of measure for annual
emissions is in tons per year (tpy), while
the unit of measure for season day
emissions is in pounds per day (lb/day).
In addition, the county-wide emissions
inventory data was spatially allocated to
the Grants Pass Urban Growth
Boundary, and to buffers around the
boundary or monitor, depending on
emissions category.
The submitted emissions inventory
included the following categories:
permitted point sources, area sources
(including open burning, small
stationary fossil fuel combustion,
residential wood combustion, wildfires
and prescribed burning, fugitive dust),
nonroad (aircraft and airport related,
locomotives, marine vessels, nonroad
vehicles and equipment), and onroad
mobile (exhaust/brake/tire, re-entrained
road dust). The EPA has reviewed the
emissions inventory data and
methodology and finds that the data
support ODEQ’s conclusion that the
control measures contained in the
original attainment plan will continue
to protect and maintain the PM10
NAAQS.
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C. Does the limited maintenance plan
include an assurance of continued
operation of an appropriate EPAapproved air quality monitoring
network, in accordance with 40 CFR
Part 58?
The state of Oregon began monitoring
in the Grants Pass area in 1987, with
many changes to the monitoring
technology and requirements since.
From 2006 through 2008, the State
collocated a PM2.5 monitor with the
existing PM10 Federal Reference Method
(FRM) monitor to establish correlation
data and confirm that PM10 levels could
be accurately predicted using PM2.5
concentrations for the areas. Due to the
high level of correlation between the
PM2.5 and PM10 monitors, ODEQ
developed a report on their findings and
asserted that PM2.5 monitoring was an
accurate predictor of PM10 levels for
purposes of determining continued
maintenance of the PM10 standard in
Grants Pass, and asked to discontinue
the PM10 monitor. EPA approved this
request in the Annual Network Plan
Approval letter, dated January 6, 2012.
Both the ODEQ report and the EPA
approval letter are included in the
materials of this docket.
A full description of the correlation
data and the estimation model is
included in the State’s submittal. The
EPA is approving the use of PM2.5
monitoring data to estimate PM10
concentrations for the second 10-year
maintenance plan period in Grants Pass
and finds that it meets the relevant
requirements at 40 CFR 58.14(c). This
estimation method is a reproducible
approach to representing air quality in
the area, and the area continues to meet
the applicable Appendix D
requirements evaluated as part of the
annual network approval process.
In order to continue to qualify for the
limited maintenance plan option, the
State must calculate the PM10 design
value estimate annually from PM2.5
monitoring data to confirm the area
continues to meet the PM10 NAAQS.
D. Does the plan meet the Clean Air Act
requirements for contingency
provisions?
CAA section 175A states that a
maintenance plan must include
contingency provisions, as necessary, to
ensure prompt correction of any
violation of the NAAQS which may
occur after redesignation of the area to
attainment. The first Grants Pass
maintenance plan contained
contingency measures that would be
implemented under two scenarios—if
the official PM10 monitor registers a
value of 120 mg/m3 or higher, or if a
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violation of the 24-hr PM10 standard
were to occur. These two contingency
scenarios are continued under the
limited maintenance plan.
E. Has the State met conformity
requirements?
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(1) Transportation Conformity
Under the limited maintenance plan
option, emissions budgets are treated as
essentially not constraining for the
maintenance period because it is
unreasonable to expect that qualifying
areas would experience so much growth
in that period that a NAAQS violation
would result. While areas with
maintenance plans approved under the
limited maintenance plan option are not
subject to the budget test, the areas
remain subject to the other
transportation conformity requirements
of 40 CFR part 93, subpart A. Thus, the
metropolitan planning organization
(MPO) in the area or the State must
document and ensure that:
(a) Transportation plans and projects
provide for timely implementation of
SIP transportation control measures
(TCMs) in accordance with 40 CFR
93.113;
(b) transportation plans and projects
comply with the fiscal constraint
element as set forth in 40 CFR 93.108;
(c) the MPO’s interagency
consultation procedures meet the
applicable requirements of 40 CFR
93.105;
(d) conformity of transportation plans
is determined no less frequently than
every three years, and conformity of
plan amendments and transportation
projects is demonstrated in accordance
with the timing requirements specified
in 40 CFR 93.104;
(e) the latest planning assumptions
and emissions model are used as set
forth in 40 CFR 93.110 and 40 CFR
93.111;
(f) projects do not cause or contribute
to any new localized carbon monoxide
or particulate matter violations, in
accordance with procedures specified in
40 CFR 93.123; and
(g) project sponsors and/or operators
provide written commitments as
specified in 40 CFR 93.125.
In the June 24, 2015 adequacy finding
for the Grants Pass PM10 limited
maintenance plan, EPA determined that
Grants Pass met the criteria to be
exempt from regional emissions analysis
for PM10. However, other transportation
conformity requirements such as
consultation, transportation control
measures, and project level conformity
requirements would continue to apply
to the area. With approval of the LMP,
the area continues to be exempt from
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performing a regional emissions
analysis but must meet project-level
conformity analyses as well as the
transportation conformity criteria
mentioned above.
Upon approval of the Grants Pass
PM10 limited maintenance plan, the area
is exempt from performing a regional
emissions analysis, but must meet
project-level conformity analyses as
well as the transportation conformity
criteria mentioned above.
(2) General Conformity
For Federal actions required to
address the specific requirements of the
general conformity rule, one set of
requirements applies particularly to
ensuring that emissions from the action
will not cause or contribute to new
violations of the NAAQS, exacerbate
current violations, or delay timely
attainment. One way that this
requirement can be met is to
demonstrate that the total of direct and
indirect emissions from the action (or
portion thereof) is determined and
documented by the state agency
primarily responsible for the applicable
SIP to result in a level of emissions
which, together with all other emissions
in the nonattainment area, would not
exceed the emissions budgets specified
in the applicable SIP (see 40 CFR
93.158(a)(5)(i)(A)).
The decision about whether to
include specific allocations of allowable
emissions increases to sources is one
made by the State air quality agencies.
These emissions budgets are different
than those used in transportation
conformity. Emissions budgets in
transportation conformity are required
to limit and restrain emissions.
Emissions budgets in general conformity
allow increases in emissions up to
specified levels. The State has not
chosen to include specific emissions
allocations for Federal projects that
would be subject to the provisions of
general conformity.
VI. Oregon Notice Provision
Oregon Revised Statute 468.126,
prohibits ODEQ from imposing a
penalty for violation of an air, water or
solid waste permit, unless the source
has been provided five days advanced
written notice of the violation, and has
not come into compliance or submitted
a compliance schedule within that fiveday period. By its terms, the statute does
not apply to Oregon’s Title V program,
or to any program if application of the
notice provision would disqualify the
program from Federal delegation.
Oregon has previously confirmed that,
because application of the notice
provision would preclude EPA approval
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of the Oregon SIP, no advance notice is
required for violation of SIP
requirements.
VII. 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
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country, the rule does not have tribal
implications and 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 September 28, 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of the Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
the EPA can withdraw this direct final
rule and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
reference, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 8, 2015.
Dennis J. McLerran,
Regional Administrator, 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 (e), the
table entitled ‘‘State of Oregon Air
Quality Control Program’’ is amended
by adding a new entry for ‘‘Section 4’’
to read as follows:
■
§ 52.1970
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(e) * * *
*
*
STATE OF OREGON AIR QUALITY CONTROL PROGRAM
State
effective
date
SIP citation
Title/subject
*
*
Section 4 ......................................
*
Grants Pass Second 10-Year
PM10 Limited Maintenance
Plan.
*
*
*
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2014–0889; FRL–9929–74]
Zeta-Cypermethrin; Pesticide
Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Lhorne on DSK7TPTVN1PROD with RULES
4/16/2015
*
*
This regulation amends the
tolerances for residues of zetacypermethrin in or on corn, field,
forage; corn, field, stover; and corn, pop,
stover. FMC Corporation requested
these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
SUMMARY:
Jkt 235001
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2014–0889, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
ADDRESSES:
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
Explanations
*
*
7/30/2015 .....................................
[Insert Federal Register citation].
This regulation is effective July
30, 2015. Objections and requests for
hearings must be received on or before
September 28, 2015, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
BILLING CODE 6560–50–P
17:16 Jul 29, 2015
*
DATES:
[FR Doc. 2015–18354 Filed 7–29–15; 8:45 am]
VerDate Sep<11>2014
EPA approval date
*
*
*
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:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@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
E:\FR\FM\30JYR1.SGM
30JYR1
Agencies
[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Rules and Regulations]
[Pages 45431-45435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18354]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2015-0323; FRL-9931-16-Region 10]
Approval and Promulgation of Implementation Plans; Oregon: Grants
Pass Second 10-Year PM10 Limited Maintenance Plan
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
limited maintenance plan submitted by the State of Oregon on April 22,
2015, for the Grants Pass area for particulate matter with an
aerodynamic diameter less than or equal to a nominal 10 micrometers
(PM10). The plan explains how this area will continue to
meet the PM10 National Ambient Air Quality Standard for a
second 10-year period through 2025.
DATES: This rule is effective on September 28, 2015, without further
notice, unless the EPA receives adverse comment by August 31, 2015. If
the EPA receives adverse comment, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0323, by any of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: edmondson.lucy@epa.gov.
Mail: Lucy Edmondson, EPA Region 10, Office of Air, Waste
and Toxics, AWT-150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101. Attention: Lucy Edmondson, Office of Air,
Waste and Toxics, AWT-150. Such deliveries are only accepted during
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2015-0323. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Office of Air, Waste
and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT: Lucy Edmondson (360) 753-9082,
edmondson.lucy@epa.gov, or by using 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. This Action
II. Background
III. Public and Stakeholder Involvement in Rulemaking Process
IV. The Limited Maintenance Plan Option for PM10 Areas
A. Requirements for the Limited Maintenance Plan Option
B. Conformity Under the Limited Maintenance Plan Option
V. Review of the State's Submittal
A. Has the State demonstrated that Grants Pass qualifies for the
limited maintenance plan option?
B. Does the State have an approved attainment emissions
inventory?
C. Does the limited Maintenance plan include an assurance of
continued operation of an appropriate EPA-approved air quality
monitoring network, in accordance with 40 CFR part 58?
D. Does the plan meet the Clean Air Act requirements for
contingency provisions?
E. Has the State met conformity requirements?
VI. Oregon Notice Provision
VII. Statutory and Executive Order Reviews
I. This Action
The EPA is approving the limited maintenance plan submitted by the
State of Oregon (the State) on April 22, 2015, for the Grants Pass
Urban Growth
[[Page 45432]]
Boundary. The plan addresses maintenance of the PM10
National Ambient Air Quality Standard for a second 10-year period
through 2025.
II. Background
The EPA identified the Grants Pass, Oregon, Urban Growth Boundary
as a ``Group I'' area of concern due to measured violations of the
newly promulgated 24-hour PM10 National Ambient Air Quality
Standard (NAAQS) on August 7, 1987 (52 FR 29383). On November 15, 1990,
the Clean Air Act (CAA) Amendments under section 107(d)(4)(B),
designated Grants Pass Group I area as nonattainment for
PM10 by operation of law. The EPA published a Federal
Register document announcing all areas designated nonattainment for
PM10 on March 15, 1991 (56 FR 11101). The Oregon Department
of Environmental Quality (ODEQ) worked with the community of Grants
Pass to develop a plan for attainment of the PM10 NAAQS.
Control measures focused on reducing smoke emissions with
PM10 control measures for wood stoves, open forestry
burning, as well as industrial growth controls and other strategies.
The EPA proposed approval of the plan on March 10, 1993 (58 FR 13230),
and approved it on December 17, 1993 (58 FR 65934). On November 5,
1999, Oregon submitted a complete rule renumbering and relabeling
package to the EPA for approval into the SIP. On January 22, 2003, the
EPA approved the recodified version of Oregon's rules to remove and
replace the outdated numbering system (68 FR 2891). The EPA approved
ODEQ's maintenance plan to ensure continued compliance with the
PM10 NAAQS for ten years on October 27, 2003 (68 FR 61111).
In addition to approving ODEQ's maintenance plan for the area, the
EPA also approved ODEQ's request to redesignate the Grants Pass
nonattainment area to attainment on October 27, 2003 (68 FR 61111). The
purpose of the submitted limited maintenance plan is to fulfill the
second 10-year planning requirement of CAA section 175A(b) to ensure
compliance through 2025.
III. Public and Stakeholder Involvement in Rulemaking Process
Section 110(a)(2) of the CAA requires that each SIP revision offer
a reasonable opportunity for notice and public hearing. This must occur
prior to the revision being submitted by the State to the EPA. The
State provided notice and an opportunity for public comment from
December 16, 2014 until January 26, 2015 with no comments received.
ODEQ also held a public hearing on January 22, 2015 in Grants Pass.
This SIP revision was submitted by the Governor's designee and was
received by the EPA on April 22, 2015. The EPA evaluated ODEQ's
submittal and determined that the State met the requirements for
reasonable notice and public hearing under section 110(a)(2) of the
CAA.
IV. The Limited Maintenance Plan Option for PM10 Areas
A. Requirements for the Limited Maintenance Plan Option
On August 9, 2001, the EPA issued guidance on streamlined
maintenance plan provisions for certain moderate PM10
nonattainment areas (Memo from Lydia Wegman, Director, Air Quality
Standards and Strategies Division, entitled ``Limited Maintenance Plan
Option for Moderate PM10 Nonattainment Areas'' (limited
maintenance plan option memo). The limited maintenance plan option memo
contains a statistical demonstration that areas meeting certain air
quality criteria will, with a high degree of probability, maintain the
standard ten years into the future. Thus, the EPA provided the
maintenance demonstration for areas meeting the criteria outlined in
the memo. It follows that future year emission inventories for these
areas, and some of the standard analyses to determine transportation
conformity with the SIP, are no longer necessary.
To qualify for the limited maintenance plan option, the State must
demonstrate the area meets the criteria described below. First, the
area should have attained the PM10 NAAQS. Second, the most
recent five years of air quality data at all monitors in the area,
called the 24-hour average design value, should be at or below 98
[micro]g/m\3\. Third, the State should expect only limited growth in
on-road motor vehicle PM10 emissions (including fugitive
dust) and should have passed a motor vehicle regional emissions
analysis test. Lastly, the memo identifies core provisions that must be
included in all limited maintenance plans. These provisions include an
attainment year emissions inventory, assurance of continued operation
of an EPA-approved air quality monitoring network, and contingency
provisions.
B. Conformity Under the Limited Maintenance Plan Option
The transportation conformity rule and the general conformity rule
(40 CFR parts 51 and 93) apply to nonattainment areas and areas covered
by an approved maintenance plan. Under either conformity rule, an
acceptable method of demonstrating a Federal action conforms to the
applicable SIP is to demonstrate that expected emissions from the
planned action are consistent with the emissions budget for the area.
While qualification for the limited maintenance plan option does
not exempt an area from the need to affirm conformity, conformity may
be demonstrated without submitting an emissions budget. Under the
limited maintenance plan option, emissions budgets are treated as
essentially not constraining for the length of the maintenance period
because it is unreasonable to expect that the qualifying areas would
experience so much growth in the period that a violation of the
PM10 NAAQS would result. For transportation conformity
purposes, the EPA would conclude that emissions in these areas need not
be capped for the maintenance period and therefore a regional emissions
analysis would not be required. Similarly, Federal actions subject to
the general conformity rule could be considered to satisfy the ``budget
test'' specified in 40 CFR 93.158(a)(5)(i)(A) for the same reasons that
the budgets are essentially considered to be unlimited.
V. Review of the State's Submittal
A. Has the State demonstrated that Grants Pass qualifies for the
limited maintenance plan option?
As discussed above, the limited maintenance plan option memo
outlines the requirements for an area to qualify. First, the area
should be attaining the NAAQS. The EPA determined the Grants Pass area
attained the PM10 NAAQS based on monitoring data from 1988
through 1990 and approved the State's maintenance plan and request to
redesignate the area from nonattainment to attainment on October 27,
2003 (68 FR 61111). The area has been in continued compliance with the
PM10 NAAQS since that time.
Second, the average design value for the past five years of
monitoring data must be at or below the critical design value of 98
[mu]g/m\3\ for the 24-hour PM10 NAAQS. The critical design
value is a margin of safety in which an area has a one in ten
probability of exceeding the NAAQS. Using the most recently available
Federal Reference Method (FRM) monitoring data for the years 2004-2008,
the State's analysis demonstrated that Grants Pass average design value
was 49 [mu]g/m\3\, well below the 98 [mu]g/m\3\ threshold. An FRM
monitor is one that has been approved by the EPA under 40 CFR part 58
to measure compliance with the NAAQS.
[[Page 45433]]
As discussed later in this proposal, ODEQ also calculated average
design values using a linear regression analysis technique for the
period 2009 to 2013. This more recent monitoring data shows that
PM10 levels continue to be well below the standard with an
average design value of 49 [mu]g/m\3\. The EPA reviewed the data
provided by ODEQ and finds that Grants Pass meets the design value
criteria outlined in the limited maintenance plan option memo.
Third, the area must meet the motor vehicle regional emissions
analysis test described in attachment B of the limited maintenance plan
option memo. ODEQ submitted an analysis showing that growth in on-road
mobile PM10 emissions sources was minimal and would not
threaten the assumption of maintenance that underlies the limited
maintenance plan policy. Using the EPA's methodology, ODEQ calculated a
regional emissions analysis margin of safety of 52 [mu]g/m\3\, easily
meeting the threshold of 98 [mu]g/m\3\. The EPA reviewed the
calculations in the State's limited maintenance plan submittal and
concurs with this conclusion.
Lastly, the limited maintenance plan option memo requires all
controls relied on to demonstrate attainment remain in place for the
area to qualify. The area's first 10-year maintenance plan relied on
measures addressing residential wood combustion, open burning, road
dust from motor vehicles and a major new source review program for
industry. EPA approved the rules into the SIP on October 27, 2003 (68
FR 61111).
As described above, Grants Pass meets the qualification criteria
set forth in the limited maintenance plan option memo. Under the
limited maintenance plan option, the State will be expected to
determine on an annual basis that the criteria are still being met. If
the State determines that the limited maintenance plan criteria are not
being met, it should take action to reduce PM10
concentrations enough to requalify. One possible approach the State
could take is to implement contingency measures. Section V. I. provides
a description of contingency provisions included as part of the limited
maintenance plan submittal.
B. Does the State have an approved attainment emissions inventory?
Pursuant to the limited maintenance plan option memo, the State's
approved attainment plan should include an emissions inventory which
can be used to demonstrate attainment of the NAAQS. The inventory
should represent emissions during the same five-year period associated
with air quality data used to determine whether the area meets the
applicability requirements of the limited maintenance plan option.
ODEQ's Grants Pass limited maintenance plan submittal includes an
emissions inventory based on EPA's 2011 National Emissions Inventory
(NEI) data for Josephine County. The 2011 base year represents the most
recent emissions inventory data available and is consistent with the
data used to determine applicability of the limited maintenance plan
option. This approach is also consistent with the 1993 emission
inventory developed for the first maintenance plan. Historically,
exceedances of the 24-hr PM10 standard in Grants Pass have
occurred during the winter months, between November 1 and the end of
February. As such, in addition to annual emissions, typical season day
and worst-case season day emissions are included in the inventory. The
term ``worst-case day'' describes the maximum activity/emissions that
have occurred or could occur on a season day, for each emissions
source. Worst-case day emissions are summed for all sources/categories,
i.e. assumed to occur on the same day. This assumption is the basis for
what would be needed to cause an exceedance of the 24-hr standard. The
unit of measure for annual emissions is in tons per year (tpy), while
the unit of measure for season day emissions is in pounds per day (lb/
day). In addition, the county-wide emissions inventory data was
spatially allocated to the Grants Pass Urban Growth Boundary, and to
buffers around the boundary or monitor, depending on emissions
category.
The submitted emissions inventory included the following
categories: permitted point sources, area sources (including open
burning, small stationary fossil fuel combustion, residential wood
combustion, wildfires and prescribed burning, fugitive dust), nonroad
(aircraft and airport related, locomotives, marine vessels, nonroad
vehicles and equipment), and onroad mobile (exhaust/brake/tire, re-
entrained road dust). The EPA has reviewed the emissions inventory data
and methodology and finds that the data support ODEQ's conclusion that
the control measures contained in the original attainment plan will
continue to protect and maintain the PM10 NAAQS.
C. Does the limited maintenance plan include an assurance of continued
operation of an appropriate EPA-approved air quality monitoring
network, in accordance with 40 CFR Part 58?
The state of Oregon began monitoring in the Grants Pass area in
1987, with many changes to the monitoring technology and requirements
since. From 2006 through 2008, the State collocated a PM2.5
monitor with the existing PM10 Federal Reference Method
(FRM) monitor to establish correlation data and confirm that
PM10 levels could be accurately predicted using
PM2.5 concentrations for the areas. Due to the high level of
correlation between the PM2.5 and PM10 monitors,
ODEQ developed a report on their findings and asserted that
PM2.5 monitoring was an accurate predictor of
PM10 levels for purposes of determining continued
maintenance of the PM10 standard in Grants Pass, and asked
to discontinue the PM10 monitor. EPA approved this request
in the Annual Network Plan Approval letter, dated January 6, 2012. Both
the ODEQ report and the EPA approval letter are included in the
materials of this docket.
A full description of the correlation data and the estimation model
is included in the State's submittal. The EPA is approving the use of
PM2.5 monitoring data to estimate PM10
concentrations for the second 10-year maintenance plan period in Grants
Pass and finds that it meets the relevant requirements at 40 CFR
58.14(c). This estimation method is a reproducible approach to
representing air quality in the area, and the area continues to meet
the applicable Appendix D requirements evaluated as part of the annual
network approval process.
In order to continue to qualify for the limited maintenance plan
option, the State must calculate the PM10 design value
estimate annually from PM2.5 monitoring data to confirm the
area continues to meet the PM10 NAAQS.
D. Does the plan meet the Clean Air Act requirements for contingency
provisions?
CAA section 175A states that a maintenance plan must include
contingency provisions, as necessary, to ensure prompt correction of
any violation of the NAAQS which may occur after redesignation of the
area to attainment. The first Grants Pass maintenance plan contained
contingency measures that would be implemented under two scenarios--if
the official PM10 monitor registers a value of 120 [mu]g/
m\3\ or higher, or if a
[[Page 45434]]
violation of the 24-hr PM10 standard were to occur. These
two contingency scenarios are continued under the limited maintenance
plan.
E. Has the State met conformity requirements?
(1) Transportation Conformity
Under the limited maintenance plan option, emissions budgets are
treated as essentially not constraining for the maintenance period
because it is unreasonable to expect that qualifying areas would
experience so much growth in that period that a NAAQS violation would
result. While areas with maintenance plans approved under the limited
maintenance plan option are not subject to the budget test, the areas
remain subject to the other transportation conformity requirements of
40 CFR part 93, subpart A. Thus, the metropolitan planning organization
(MPO) in the area or the State must document and ensure that:
(a) Transportation plans and projects provide for timely
implementation of SIP transportation control measures (TCMs) in
accordance with 40 CFR 93.113;
(b) transportation plans and projects comply with the fiscal
constraint element as set forth in 40 CFR 93.108;
(c) the MPO's interagency consultation procedures meet the
applicable requirements of 40 CFR 93.105;
(d) conformity of transportation plans is determined no less
frequently than every three years, and conformity of plan amendments
and transportation projects is demonstrated in accordance with the
timing requirements specified in 40 CFR 93.104;
(e) the latest planning assumptions and emissions model are used as
set forth in 40 CFR 93.110 and 40 CFR 93.111;
(f) projects do not cause or contribute to any new localized carbon
monoxide or particulate matter violations, in accordance with
procedures specified in 40 CFR 93.123; and
(g) project sponsors and/or operators provide written commitments
as specified in 40 CFR 93.125.
In the June 24, 2015 adequacy finding for the Grants Pass
PM10 limited maintenance plan, EPA determined that Grants
Pass met the criteria to be exempt from regional emissions analysis for
PM10. However, other transportation conformity requirements
such as consultation, transportation control measures, and project
level conformity requirements would continue to apply to the area. With
approval of the LMP, the area continues to be exempt from performing a
regional emissions analysis but must meet project-level conformity
analyses as well as the transportation conformity criteria mentioned
above.
Upon approval of the Grants Pass PM10 limited
maintenance plan, the area is exempt from performing a regional
emissions analysis, but must meet project-level conformity analyses as
well as the transportation conformity criteria mentioned above.
(2) General Conformity
For Federal actions required to address the specific requirements
of the general conformity rule, one set of requirements applies
particularly to ensuring that emissions from the action will not cause
or contribute to new violations of the NAAQS, exacerbate current
violations, or delay timely attainment. One way that this requirement
can be met is to demonstrate that the total of direct and indirect
emissions from the action (or portion thereof) is determined and
documented by the state agency primarily responsible for the applicable
SIP to result in a level of emissions which, together with all other
emissions in the nonattainment area, would not exceed the emissions
budgets specified in the applicable SIP (see 40 CFR
93.158(a)(5)(i)(A)).
The decision about whether to include specific allocations of
allowable emissions increases to sources is one made by the State air
quality agencies. These emissions budgets are different than those used
in transportation conformity. Emissions budgets in transportation
conformity are required to limit and restrain emissions. Emissions
budgets in general conformity allow increases in emissions up to
specified levels. The State has not chosen to include specific
emissions allocations for Federal projects that would be subject to the
provisions of general conformity.
VI. Oregon Notice Provision
Oregon Revised Statute 468.126, prohibits ODEQ from imposing a
penalty for violation of an air, water or solid waste permit, unless
the source has been provided five days advanced written notice of the
violation, and has not come into compliance or submitted a compliance
schedule within that five-day period. By its terms, the statute does
not apply to Oregon's Title V program, or to any program if application
of the notice provision would disqualify the program from Federal
delegation. Oregon has previously confirmed that, because application
of the notice provision would preclude EPA approval of the Oregon SIP,
no advance notice is required for violation of SIP requirements.
VII. 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
[[Page 45435]]
country, the rule does not have tribal implications and 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 September 28, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of the Federal Register, rather than file an immediate petition
for judicial review of this direct final rule, so that the EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Particulate matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 8, 2015.
Dennis J. McLerran,
Regional Administrator, 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 (e), the table entitled ``State of
Oregon Air Quality Control Program'' is amended by adding a new entry
for ``Section 4'' to read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(e) * * *
State of Oregon Air Quality Control Program
----------------------------------------------------------------------------------------------------------------
State
SIP citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 4...................... Grants Pass 4/16/2015 7/30/2015........
Second 10-Year [Insert Federal
PM10 Limited Register
Maintenance Plan. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-18354 Filed 7-29-15; 8:45 am]
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