Finding of Attainment and Approval of Attainment Plan for Klamath Falls, Oregon Fine Particulate Matter Nonattainment Area, 36176-36179 [2016-13031]
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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a temporary safety
zone. It is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination will be available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREA
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–0522 to read as
follows:
■
§ 165.T01–0522 Safety Zone; Raritan Bay,
Perth Amboy, NJ.
(a) Regulated area. The following area
is a temporary safety zone: All navigable
waters of Raritan Bay within a 300-yard
radius of the fireworks barge located in
approximate position 40°29′28″ N,
074°15′45″ W, in the vicinity of Perth
Amboy, NJ, approximately 1,110 yards
southeast of Ferry Point, Perth Amboy,
NJ.
(b) Effective and enforcement period.
This rule will be effective and enforced
from 8:45 p.m. until 10:30 p.m. on July
1, 2016.
(c) Definitions. The following
definitions apply to this section:
(1) Designated representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port New York (COTP), to act on his or
her behalf. A designated representative
may be on an official patrol vessel or
may be on shore and will communicate
with vessels via VHF–FM radio or
loudhailer. In addition, members of the
Coast Guard Auxiliary may be present to
inform vessel operators of this
regulation.
(2) Official patrol vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
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(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(d) Regulations. (1) The general
regulations contained in § 165.23, as
well as the following regulations, apply.
(2) No vessels, except for fireworks
barge and accompanying vessels, will be
allowed to transit the safety zone
without the permission of the COTP.
(3) All persons and vessels shall
comply with the instructions of the
COTP or a designated representative.
Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light, or other means, the operator of a
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(4) Vessel operators desiring to enter
or operate within the regulated area
shall contact the COTP or a designated
representative via VHF channel 16 or
718–354–4353 (Sector New York
command center) to obtain permission
to do so.
(5) Spectators or other vessels shall
not anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times,
unless authorized by COTP or a
designated representative.
(6) The COTP or a designated
representative may delay or terminate
any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
Dated: May 15, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2016–13338 Filed 6–3–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2013–0005; FRL–9947–23–
Region 10]
Finding of Attainment and Approval of
Attainment Plan for Klamath Falls,
Oregon Fine Particulate Matter
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing the finding of
attainment and approving the
attainment plan submitted on December
12, 2012 by the Oregon Department of
SUMMARY:
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Environmental Quality (ODEQ) for the
2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality
Standards (NAAQS) for the Klamath
Falls, Oregon nonattainment area. Based
upon 2012–2014 quality-assured,
quality-controlled, and certified ambient
air monitoring data available in the
EPA’s Air Quality System (AQS), the
area has monitored attainment of the
2006 24-hour PM2.5 NAAQS. The EPA
determined that the attainment plan
addressed the nonattainment planning
requirements of the Clean Air Act (CAA)
and provided for attainment of the PM2.5
NAAQS. The attainment plan’s strategy
for controlling direct and precursor
PM2.5 emissions relied primarily on an
episodic woodstove curtailment
program and a program to change-out
uncertified woodstoves.
DATES: This final rule is effective July 6,
2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2013–0005. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information the disclosure
of which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
hard copy form. Publicly available
docket materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Planning Unit, Office of Air and
Waste, EPA Region 10, 1200 Sixth
Avenue, Seattle, WA 98101. The EPA
requests that if at all possible, you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information please contact Justin
Spenillo at (206) 553–6125,
spenillo.justin@epa.gov or by using the
EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background Information
On April 13, 2016, the EPA proposed
to approve the attainment plan
submitted by the ODEQ on December
12, 2012 and to make a finding of
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attainment for the Klamath Falls PM2.5
area (81 FR 21814). An explanation of
the CAA attainment planning
requirements, a detailed analysis of the
ODEQ’s attainment plan submittal, and
the EPA’s reasons for proposing
approval were provided in the notice of
proposed rulemaking, and will not be
restated here. The public comment
period for this proposed rule ended on
May 13, 2016. The EPA received no
comments on the proposal.
36177
continue to make, these documents
generally available electronically
through https://www.regulations.gov
and/or in hard copy at the appropriate
EPA office (see the ADDRESSES section of
this preamble for more information).
IV. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
II. Final Action
42 U.S.C. 7410(k); 40 CFR 52.02(a).
The EPA is finalizing the finding of
Thus, in reviewing SIP submissions, the
attainment and approving the
EPA’s role is to approve state choices,
attainment plan submitted by the ODEQ provided that they meet the criteria of
on December 12, 2012 for the Klamath
the CAA. Accordingly, this action
Falls PM2.5 area as meeting the
merely approves state law as meeting
requirements of the CAA. The finding of Federal requirements and does not
attainment does not constitute a
impose additional requirements beyond
redesignation to attainment.
those imposed by state law. For that
Redesignations require states to meet a
reason, this action:
number of criteria including EPA
• Is not a ‘‘significant regulatory
approval of a state plan to maintain the
action’’ subject to review by the Office
air quality standard for 10 years after
of Management and Budget under
redesignation. Additionally, the EPA is
Executive Orders 12866 (58 FR 51735,
approving and incorporating by
October 4, 1993) and 13563 (76 FR 3821,
reference updated versions of
January 21, 2011);
supporting regulations, specifically
• does not impose an information
sections of Oregon Administrative
collection burden under the provisions
Rules, Division 240 and Division 262
of the Paperwork Reduction Act (44
that provide for the contingency
U.S.C. 3501 et seq.);
measures required under the CAA. The
• is certified as not having a
EPA is finalizing a Clean Data
significant economic impact on a
Determination (CDD) that suspends the
substantial number of small entities
requirements for the area to submit an
under the Regulatory Flexibility Act (5
attainment demonstration, associated
Reasonably Available Control Measures, U.S.C. 601 et seq.);
• does not contain any unfunded
Reasonable Further Progress,
mandate or significantly or uniquely
contingency measures, and any other
SIP planning requirements related to the affect small governments, as described
attainment of the 2006 PM2.5 NAAQS, so in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
long as the area continues to meet the
• does not have Federalism
standard. Although a CDD suspends the
implications as specified in Executive
requirement for submission of certain
Order 13132 (64 FR 43255, August 10,
attainment planning elements, it does
1999);
not relieve the EPA of its responsibility
• is not an economically significant
to take action on a state’s SIP
submission. The EPA is fully approving regulatory action based on health or
the Klamath Falls nonattainment plan as safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
meeting the requirements of the CAA.
• is not a significant regulatory action
The EPA is also approving Exceptional
subject to Executive Order 13211 (66 FR
Events on September 25, 2009; August
28355, May 22, 2001);
25, 28, and 31, 2012; and July 30 and
• is not subject to requirements of
August 5, 2013 and removing them from
Section 12(d) of the National
the data set used for regulatory
Technology Transfer and Advancement
purposes.
Act of 1995 (15 U.S.C. 272 note) because
III. Incorporation by Reference
application of those requirements would
be inconsistent with the Clean Air Act;
In this rule, the EPA is finalizing
and
regulatory text that includes
• does not provide the EPA with the
incorporation by reference. In
discretionary authority to address, as
accordance with requirements of 1 CFR
appropriate, disproportionate human
51.5, the EPA is finalizing the
health or environmental effects, using
incorporation by reference of the
practicable and legally permissible
regulations described in the
amendments to 40 CFR part 52 set forth methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
below. The EPA has made, and will
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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
The SIP is not approved to apply on any
Indian reservation land or in any other
area where the EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and it will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 5, 2016. 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) of the CAA).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: May 24, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
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. Section 52.1970:
a. In paragraph (c), Table 2—EPA
Approved Oregon Administrative Rules
(OAR) is amended by:
■ i. Adding a undesignated heading
titled ‘‘Klamath Falls Nonattainment
Area Contingency Measures’’ after the
entry for ‘‘240–0560’’ and adding the
entries ‘‘240–0570’’, ‘‘240–0580’’, ‘‘240–
0610’’, ‘‘240–0620’’, and ‘‘240–0630’’;
and
■ ii. Adding an entry ‘‘262–1000’’ after
the entry for ‘‘262–0900’’; and
■ b. In paragraph (e), table titled ‘‘State
of Oregon Air Quality Control Program’’
adding under ‘‘Section 4’’, a new entry
‘‘4.62’’ after the entry ‘‘4.61’’.
The additions read as follows:
■
■
§ 52.1970
40 CFR part 52 is amended as follows:
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR)
State citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
*
Explanations
*
*
Klamath Falls Nonattainment Area Contingency Measures
240–0570
240–0580
240–0610
240–0620
.........
.........
.........
.........
240–0630 .........
*
262–1000 .........
Applicability ....................................................
Existing Industrial Sources Control Efficiency
Continuous Monitoring for Industrial Sources
Contingency Measures: New Industrial
Sources.
Contingency Enhanced Curtailment of Use of
Solid Fuel Burning Devices and Fireplaces.
12/11/2012
12/11/2012
12/11/2012
12/11/2012
6/6/2016
6/6/2016
6/6/2016
6/6/2016
12/11/2012
6/6/2016 [Insert Federal Register citation].
*
*
Wood Burning Contingency Measures for
PM2.5 Nonattainment Areas.
*
12/11/2012
*
*
6/6/2016 [Insert Federal Register citation].
*
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*
*
*
*
VerDate Sep<11>2014
*
*
*
[Insert
[Insert
[Insert
[Insert
Federal
Federal
Federal
Federal
Register
Register
Register
Register
*
*
*
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citation].
citation].
citation].
citation].
*
*
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(e) * * *
STATE OF OREGON AIR QUALITY CONTROL PROGRAM
SIP citation
State
effective
date
Title/subject
*
*
*
*
*
*
[FR Doc. 2016–13031 Filed 6–3–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0793; FRL–9947–27–
Region 9]
Partial Approval and Partial
Disapproval of Air Quality State
Implementation Plans; Arizona;
Infrastructure Requirements To
Address Interstate Transport for the
2008 Ozone NAAQS; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
This document corrects an
omission in the final rule document
published on May 19, 2016, announcing
the Environmental Protection Agency’s
(EPA’s) approval in part and
disapproval in part of State
Implementation Plan (SIP) revisions
submitted by the Arizona Department of
Environmental Quality to address the
interstate transport requirements of
Clean Air Act section 110(a)(2)(D)(i)
with respect to the 2008 ozone national
ambient air quality standard. The
correction of this omission does not
change the EPA’s final action to approve
in part and disapprove in part these SIP
revisions.
DATES: This correcting amendment is
effective on June 20, 2016.
FOR FURTHER INFORMATION CONTACT: Tom
Kelly, Air Planning Office (AIR–2), U.S.
Environmental Protection Agency,
Region IX, (415) 972–3856,
kelly.thomasp@epa.gov.
SUPPLEMENTARY INFORMATION: On March
22, 2016 (81 FR 15200), the EPA
proposed to approve in part and to
disapprove in part SIP revisions
submitted by the Arizona Department of
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SUMMARY:
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*
4.62, 12/12/
2012
*
EPA approval date
Explanations
*
*
4.62, 6/6/2016 [Insert Federal Register citation].
*
4.62, Klamath
Falls PM2.5
Attainment
Plan
*
Environmental Quality (ADEQ) on
December 27, 2012, and supplemented
on December 3, 2015, to address the
interstate transport requirements of
Clean Air Act (CAA or Act) section
110(a)(2)(D)(i) with respect to the 2008
ozone National Ambient Air Quality
Standard (NAAQS). More specifically,
in the March 22, 2016 proposed rule,
the EPA proposed to approve Arizona’s
SIP as meeting the interstate transport
requirements of CAA section
110(a)(2)(D)(i)(I) prongs 1 and 2 and to
disapprove Arizona’s SIP with respect
to the interstate transport requirements
of CAA section 110(a)(2)(D)(i)(II) prong
4. Id., at 15204. No comments were
submitted on the EPA’s March 22, 2016
proposed action. On May 19, 2016 (81
FR 31513), the EPA published a final
rulemaking action announcing its
approval in part and disapproval in part
of the relevant SIP revisions as proposed
on March 22, 2016. However, in its May
19, 2016 final rule, the EPA
inadvertently omitted the regulatory text
that codifies the final action taken
therein. This document corrects that
oversight.
The EPA has determined that this
action falls under the ‘‘good cause’’
exemption in section 553(b)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary or contrary
to the public interest. Public notice and
comment for this action are unnecessary
because the action codified herein was
already subject to a 30-day comment
period beginning with publication of the
related proposed rule on March 22,
2016, and as noted above, no comments
were submitted. Thus, no purpose
would be served by additional public
notice and comment.
The EPA also finds that there is good
cause under APA section 553(d)(3) for
the regulatory text added herein to
become effective on the same date as the
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*
*
final rulemaking for which the
regulatory text was inadvertently
omitted. Section 553(d)(3) of the APA
allows an effective date less than 30
days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’ 5
U.S.C. 553(d)(3). The purpose of the 30day waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. This rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. Rather, this rule merely
adds regulatory text codifying the
partial approval and partial disapproval
action that the EPA published on May
19, 2016, which is 30 days from the date
on which this rule will become
effective. The May 19, 2016 final rule
thus provided sufficient notice and time
for affected parties to take appropriate
action to the extent any action is
necessary to comply with the rule. For
these reasons, the EPA finds good cause
under APA section 553(d)(3) for the
regulatory text codified herein and
associated with the May 19, 2016 final
rule to become effective on same date as
the May 19, 2016 final rule becomes
effective (i.e., June 20, 2019).
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely adds
regulatory text inadvertently omitted
from a previous final rule and imposes
no additional requirements beyond
those imposed by state law.
Accordingly, the Administrator certifies
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Agencies
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36176-36179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13031]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2013-0005; FRL-9947-23-Region 10]
Finding of Attainment and Approval of Attainment Plan for Klamath
Falls, Oregon Fine Particulate Matter Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
finding of attainment and approving the attainment plan submitted on
December 12, 2012 by the Oregon Department of
[[Page 36177]]
Environmental Quality (ODEQ) for the 2006 24-hour fine particulate
matter (PM2.5) National Ambient Air Quality Standards
(NAAQS) for the Klamath Falls, Oregon nonattainment area. Based upon
2012-2014 quality-assured, quality-controlled, and certified ambient
air monitoring data available in the EPA's Air Quality System (AQS),
the area has monitored attainment of the 2006 24-hour PM2.5
NAAQS. The EPA determined that the attainment plan addressed the
nonattainment planning requirements of the Clean Air Act (CAA) and
provided for attainment of the PM2.5 NAAQS. The attainment
plan's strategy for controlling direct and precursor PM2.5
emissions relied primarily on an episodic woodstove curtailment program
and a program to change-out uncertified woodstoves.
DATES: This final rule is effective July 6, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2013-0005. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy at the Air Planning Unit, Office of
Air and Waste, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. The
EPA requests that if at all possible, you contact the individual listed
in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of
the docket. You may view the hard copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: For information please contact Justin
Spenillo at (206) 553-6125, spenillo.justin@epa.gov or by using the
EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background Information
On April 13, 2016, the EPA proposed to approve the attainment plan
submitted by the ODEQ on December 12, 2012 and to make a finding of
attainment for the Klamath Falls PM2.5 area (81 FR 21814).
An explanation of the CAA attainment planning requirements, a detailed
analysis of the ODEQ's attainment plan submittal, and the EPA's reasons
for proposing approval were provided in the notice of proposed
rulemaking, and will not be restated here. The public comment period
for this proposed rule ended on May 13, 2016. The EPA received no
comments on the proposal.
II. Final Action
The EPA is finalizing the finding of attainment and approving the
attainment plan submitted by the ODEQ on December 12, 2012 for the
Klamath Falls PM2.5 area as meeting the requirements of the
CAA. The finding of attainment does not constitute a redesignation to
attainment. Redesignations require states to meet a number of criteria
including EPA approval of a state plan to maintain the air quality
standard for 10 years after redesignation. Additionally, the EPA is
approving and incorporating by reference updated versions of supporting
regulations, specifically sections of Oregon Administrative Rules,
Division 240 and Division 262 that provide for the contingency measures
required under the CAA. The EPA is finalizing a Clean Data
Determination (CDD) that suspends the requirements for the area to
submit an attainment demonstration, associated Reasonably Available
Control Measures, Reasonable Further Progress, contingency measures,
and any other SIP planning requirements related to the attainment of
the 2006 PM2.5 NAAQS, so long as the area continues to meet
the standard. Although a CDD suspends the requirement for submission of
certain attainment planning elements, it does not relieve the EPA of
its responsibility to take action on a state's SIP submission. The EPA
is fully approving the Klamath Falls nonattainment plan as meeting the
requirements of the CAA. The EPA is also approving Exceptional Events
on September 25, 2009; August 25, 28, and 31, 2012; and July 30 and
August 5, 2013 and removing them from the data set used for regulatory
purposes.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
regulations described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
generally available electronically through https://www.regulations.gov
and/or in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).
IV. Statutory and Executive Orders Review
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 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 application of those requirements would be inconsistent
with the Clean Air Act; 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).
[[Page 36178]]
The SIP is not approved to apply on any Indian reservation land or in
any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and it will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 5, 2016. 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) of the CAA).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 24, 2016.
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. Section 52.1970:
0
a. In paragraph (c), Table 2--EPA Approved Oregon Administrative Rules
(OAR) is amended by:
0
i. Adding a undesignated heading titled ``Klamath Falls Nonattainment
Area Contingency Measures'' after the entry for ``240-0560'' and adding
the entries ``240-0570'', ``240-0580'', ``240-0610'', ``240-0620'', and
``240-0630''; and
0
ii. Adding an entry ``262-1000'' after the entry for ``262-0900''; and
0
b. In paragraph (e), table titled ``State of Oregon Air Quality Control
Program'' adding under ``Section 4'', a new entry ``4.62'' after the
entry ``4.61''.
The additions read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA-Approved Oregon Administrative Rules (OAR)
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Klamath Falls Nonattainment Area Contingency Measures
----------------------------------------------------------------------------------------------------------------
240-0570.................. Applicability........ 12/11/2012 6/6/2016 [Insert
Federal Register
citation].
240-0580.................. Existing Industrial 12/11/2012 6/6/2016 [Insert
Sources Control Federal Register
Efficiency. citation].
240-0610.................. Continuous Monitoring 12/11/2012 6/6/2016 [Insert
for Industrial Federal Register
Sources. citation].
240-0620.................. Contingency Measures: 12/11/2012 6/6/2016 [Insert
New Industrial Federal Register
Sources. citation].
240-0630.................. Contingency Enhanced 12/11/2012 6/6/2016 [Insert
Curtailment of Use Federal Register
of Solid Fuel citation].
Burning Devices and
Fireplaces.
* * * * * * *
262-1000.................. Wood Burning 12/11/2012 6/6/2016 [Insert
Contingency Measures Federal Register
for PM2.5 citation].
Nonattainment Areas.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[[Page 36179]]
(e) * * *
State of Oregon Air Quality Control Program
----------------------------------------------------------------------------------------------------------------
State
SIP citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
4.62, 12/12/ 4.62, 6/6/2016 4.62, Klamath Falls
2012 [Insert Federal PM2.5 Attainment Plan
Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-13031 Filed 6-3-16; 8:45 am]
BILLING CODE 6560-50-P