Air Plan Approval; OR, Oakridge; PM2.5, 5537-5540 [2018-02465]
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Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
2. Section 706.2 is amended by:
a. In Table Four, paragraph 15,
adding, in alpha numerical order, by
vessel number, an entry for USS
THOMAS HUDNER (DDG 116); and
b . In Table Five, by adding, in alpha
numerical order, by vessel number, an
entry for USS THOMAS HUDNER (DDG
116).
The additions read as follows:
■
■
■
§ 706 .2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
*
*
15. * * *
*
*
TABLE FOUR
Vessel
Number
Horizontal distance from
the fore and aft centerline of the vessel in the
athwartship direction
*
*
*
USS THOMAS HUDNER ....................................................
*
*
*
DDG 115 ............................................................................
*
1.81
*
*
*
*
*
*
*
*
*
*
*
Forward masthead light not in
forward quarter of
ship. annex I, sec.
3(a)
After mast-head
light less than 1⁄2
ship’s length aft of
forward masthead
light. annex I, sec.
3(a)
Percentage horizontal separation
attained
*
TABLE FIVE
Vessel
Number
Masthead lights
not over all other
lights and obstructions. annex I,
sec. 2(f)
*
*
USS THOMAS HUDNER ..........................
*
DDG 116 ..........
*
X
*
X
*
X
*
14.5
*
*
*
*
*
*
*
Approved: January 25, 2018.
A.S. Janin,
Captain, USN, JAGC, Deputy Assistant Judge
Advocate, General (Admiralty and Maritime
Law).
[FR Doc. 2018–02554 Filed 2–7–18; 8:45 am]
BILLING CODE 3810–FF–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2017–0051; FRL–9974–16–
Region 10]
Air Plan Approval; OR, Oakridge; PM2.5
Moderate Plan, Finding of Attainment
and Clean Data Determination
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a finding of
attainment by the attainment date and a
clean data determination (CDD) for the
Oakridge-Westfir (Oakridge), Oregon
fine particulate matter nonattainment
area (Oakridge NAA). The finding is
based upon quality-assured, qualitycontrolled, and certified ambient air
monitoring data showing the area has
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SUMMARY:
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monitored attainment of the 2006 24hour fine particulate matter (PM2.5)
National Ambient Air Quality Standards
(NAAQS) based on 2014–2016 data
available in the EPA’s Air Quality
System (AQS) database. This
determination will not constitute a
redesignation to attainment.
The EPA is also finalizing approval of
the revisions to Oregon’s State
Implementation Plan (SIP) consisting of
the updated Oakridge-Westfir PM2.5
Attainment Plan (Oakridge Update)
submitted by the Oregon Department of
Environmental Quality (ODEQ) on
January 20, 2017. The purpose of the
Oakridge Update, developed by Lane
Regional Air Protection Agency
(LRAPA) in coordination with the
ODEQ, is to provide an attainment
demonstration of the 2006 24-hour
PM2.5 NAAQS and correct deficiencies
in the 2012 Oakridge Attainment Plan.
DATES: This final rule is effective March
12, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2017–0051. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
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Sfmt 4700
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, 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Christi Duboiski at (360) 753–9081,
duboiski.christi@epa.gov or by using the
above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
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Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
I. Background Information
On October 21, 2016, the
Environmental Protection Agency (EPA)
finalized a partial approval and partial
disapproval of the 2012 Oakridge
Attainment Plan (81 FR 72714) which
started a sanction clock for the
imposition of offset sanctions and
highway sanctions, 18 months and 24
months respectively, after the November
21, 2016 effective date, pursuant to
section 179(a) of the Clean Air Act
(CAA) and our regulations at 40 CFR
52.31. In addition to sanctions, the EPA
is required to promulgate a Federal
Implementation Plan (FIP) no later than
two years from the date of the finding
if the deficiency has not been corrected
within that time period.
On January 20, 2017, Oregon
Department of Environmental Quality
(ODEQ) submitted the Oakridge Update
to correct the deficiencies identified in
the 2012 Oakridge Attainment Plan. On
November 14, 2017, (82 FR 52683) the
EPA proposed to approve the finding of
attainment by the attainment date, the
clean data determination (CDD) for the
Oakridge-Westfir (Oakridge), Oregon
fine particulate matter nonattainment
area (Oakridge NAA), and the Oregon’s
State Implementation Plan (SIP)
consisting of the updated OakridgeWestfir PM2.5 Attainment Plan
(Oakridge Update), which provided an
attainment demonstration of the 2006
24-hour fine particulate matter (PM2.5)
National Ambient Air Quality Standards
(NAAQS). An explanation of the CAA
attainment planning requirements, a
detailed analysis of the submittal, and
the EPA’s reasons for proposing
approval were provided in the notice of
proposed rulemaking, and will not be
restated here.
The EPA believes the Oakridge
Update corrects the deficiencies
identified in our October 21, 2016,
partial approval and partial disapproval
action. Therefore, we are taking final
action to make an attainment finding
and approve the Oakridge Update as
discussed in our notice of proposed
rulemaking, and all sanctions and
sanction clocks related to the 2012
Oakridge Attainment Plan, partial
approval and partial disapproval action
will be permanently terminated on the
effective date of this final approval. The
public comment period for the proposed
rule ended on December 14, 2017. The
EPA received no comments on the
proposal.
Neither the finding of attainment by
the attainment date nor CDD is
equivalent to the redesignation of the
area to attainment. This action does not
constitute a redesignation to attainment
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under section 107(d)(3)(E) of the CAA,
because the state must have an
approved maintenance plan for the area
as required under section 175A of the
CAA, and a determination that the area
has met the other requirements for
redesignation in order to be
redesignated to attainment. The
designation status of the area will
remain nonattainment for the 2006
PM2.5 NAAQS until such time as the
EPA determines that the area meets the
CAA requirements for redesignation to
attainment in CAA section 107(d)(3)(E).
II. Final Action
The EPA is finalizing approval of the
following items:
• The determination that the
Oakridge area attained the 2006 24-hour
PM2.5 NAAQS by the December 31, 2016
attainment date as demonstrated by
quality-assured and quality-controlled
2014–2016 ambient air monitoring data.
• The Oakridge NAA achieved a
clean data determination (CDD) in
accordance with the EPA’s clean data
policy.
• The Oakridge Update as meeting
the requirements of section 110(k) of the
CAA. Specifically, the EPA has
determined the Oakridge Update meets
the substantive statutory and regulatory
requirements for base year and projected
emissions inventories for the
nonattainment area, and an attainment
demonstration with modeling analysis
and imposition of RACM/RACT level
emission controls, RFP plan, QMs, and
contingency measures.1 The EPA is also
approving a comprehensive precursor
demonstration for VOCs, SO2, NOX, and
NH3 and the 2015 MVEB of 22.2 lb/day
for direct PM2.5. The EPA believes
approval of these SIP elements corrects
deficiencies identified in our October
21, 2016 partial approval and partial
disapproval action that initiated
sanctions clocks (81 FR 72714). All
sanctions and sanction clocks related to
the partial disapproval of the 2012
Oakridge Attainment Plan will be
permanently terminated on the effective
date of the final approval of this action.
1 It is important to note, the 2016 Oakridge
Update includes the complete 2012 Oakridge
Attainment Plan which was previously partially
approved, partially disapproved (81 FR 72714). In
this action, the EPA is taking no action on the
following elements of 2012 Oakridge Attainment
Plan included in Appendix 3 of the 2016 Oakridge
Update; the 2012 Oakridge PM2.5 Attainment Plan
and associated appendices F1, F6 and K. These
elements are considered informational elements,
not essential for making decisions on the 2016
Oakridge Update. On February 24, 2016, ODEQ
withdrew appendices F2 and F3 from the Oakridge
PM2.5 Attainment Plan submittal and clarified that
they were provided for informational purposes
only.
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• The EPA is approving, and
incorporating by reference, the
following sections in the City of
Oakridge Ordinance 920: Section 1
Definitions; Section 2(1) Curtailment;
Section 2(2) Prohibited materials;
Section 3 Solid Fuel Burning Devices
Upon Sale of the Property; Section 4
Solid Fuel Burning Devices Prohibited;
Section 5 Solid Fuel Burning Devices
Exemptions; Section 7 Contingency
Measures.
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 materials
generally available through https://
www.regulations.gov and at the EPA
Region 10 Office (please contact the
person identified in the ‘‘For Further
Information Contact’’ section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the State implementation plan, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference by
the Director of the Federal Register in
the next update to the SIP compilation.2
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
2 62
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FR 27968 (May 22, 1997).
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action because SIP approvals are
exempted under Executive Order 12866;
• 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).
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 9, 2018.
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)).
5539
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 25, 2018.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons stated in the
preamble, 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. Section 52.1970 is amended:
■ a. In paragraph (c), ‘‘Table 3–EPA
Approved City and County Ordinances’’
by adding an entry ‘‘City of Oakridge
Ordinance No. 920’’ at the end of the
table; and
■ b. In paragraph (e), table entitled,
‘‘State of Oregon Air Quality Control
Program’’ by adding under ‘‘Section 4’’,
two entries ‘‘4.66’’ and ‘‘4.67’’ in
numerical order.
The additions read as follows:
■
§ 52.1970
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 3—EPA APPROVED CITY AND COUNTY ORDINANCES
Agency and ordinance
Title or subject
*
City of Oakridge Ordinance No. 920.
*
*
*
*
Date
*
*
*
An Ordinance Amending Section 7 of Ordinance 914 and Adopting New Standards for
the Oakridge Air Pollution Control Program.
*
EPA approval date
*
11/10/2016
*
2/8/2018, [Insert Federal Register citation].
Explanation
*
Oakridge PM–2.5 Attainment Plan.
Only with respect to
Sections 1, 2(1), 2(2),
3, 4, 5 and 7.
(e) * * *
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STATE OF OREGON AIR QUALITY CONTROL PROGRAM
SIP citation
*
Title/subject
State effective date
*
*
EPA approval date
*
4.66, 12/06/2012
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Explanation
*
10/21/2016, 81 FR 72714 ............
*
*
4.66 2012 Oakridge-Westfir PM2.5
Attainment Plan.
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Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
STATE OF OREGON AIR QUALITY CONTROL PROGRAM—Continued
SIP citation
Title/subject
State effective date
EPA approval date
2/8/2018, [Insert Federal Register citation].
4.67, 1/20/2017
*
*
*
*
*
*
*
*
[FR Doc. 2018–02465 Filed 2–7–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0574; FRL–9974–12–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Removal of Clean Air
Interstate Rule Trading Programs
Replaced by Cross-State Air Pollution
Rule Trading Programs
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving state
implementation plan (SIP) revisions
submitted by the State of West Virginia.
These revisions pertain to two West
Virginia regulations that established
trading programs under the Clean Air
Interstate Rule (CAIR). The EPAadministered trading programs under
CAIR were discontinued on December
31, 2014 upon the implementation of
the Cross-State Air Pollution Rule
(CSAPR), which was promulgated by
EPA to replace CAIR. CSAPR
established federal trading programs for
sources in multiple states, including
West Virginia, that replace the CAIR
state and federal trading programs. The
submitted SIP revisions request removal
of state regulations that implemented
the CAIR annual nitrogen oxide (NOX)
and annual sulfur dioxide (SO2) trading
programs from the West Virginia SIP (as
CSAPR has replaced CAIR). EPA is
approving these SIP revisions in
accordance with the requirements of the
Clean Air Act (CAA). West Virginia’s
SIP revision submittal requesting
removal of a state regulation that
implemented the CAIR ozone season
NOX trading program will be addressed
in a separate action.
DATES: This final rule is effective on
March 12, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
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SUMMARY:
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Explanation
4.67 Updated Oakridge-Westfir
PM2.5 Attainment Plan.
*
*
Number EPA–R03–OAR–2016–0574. All
documents in the docket are listed on
the https://www.regulations.govwebsite.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(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 form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In 2005, EPA promulgated CAIR (70
FR 25162, May 12, 2005) to address
transported emissions that significantly
contributed to downwind states’
nonattainment and interfered with
maintenance of the 1997 ozone and fine
particulate matter (PM2.5) national
ambient air quality standards (NAAQS).
CAIR required 28 states, including West
Virginia, to revise their SIPs to reduce
emissions of NOX and SO2, precursors
to the formation of ambient ozone and
PM2.5. Under CAIR, EPA provided
model state rules for separate cap and
trade programs for annual NOX, ozone
season NOX, and annual SO2. The
annual NOX and annual SO2 trading
programs were designed to address
transported PM2.5 pollution, while the
ozone season NOX trading program was
designed to address transported ozone
pollution. EPA also promulgated CAIR
federal implementation plans (FIPs)
with CAIR federal trading programs that
would address each state’s CAIR
requirements in the event that a CAIR
SIP for the state was not submitted or
approved (71 FR 25328, April 28, 2006).
Generally, both the model state rules
and the federal trading program rules
applied only to electric generating units
(EGUs), but in the case of the model
state rule and federal trading program
for ozone season NOX emissions, each
PO 00000
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Fmt 4700
Sfmt 4700
*
*
state had the option to submit a CAIR
SIP revision that expanded applicability
to include certain non-EGUs that
formerly participated in the NOX Budget
Trading Program under the NOX SIP
Call.1 West Virginia submitted, and EPA
approved, a CAIR SIP revision based on
the model state rules establishing CAIR
state trading programs for annual SO2,
annual NOX, and ozone season NOX
emissions, with certain non-EGUs
included in the state’s CAIR ozone
season NOX trading program. See 74 FR
38536 (August 4, 2009).
The United States Court of Appeals
for the District of Columbia Circuit (D.C.
Circuit) initially vacated CAIR in 2008,
but ultimately remanded the rule to EPA
without vacatur to preserve the
environmental benefits provided by
CAIR. North Carolina v. EPA, 550 F.3d
1176 (Dec. 23, 2008). The ruling allowed
CAIR to remain in effect temporarily
until a replacement rule consistent with
the Court’s opinion was developed.
While EPA worked on developing a
replacement rule, the CAIR program
continued as planned with the NOX
annual and ozone season programs
beginning in 2009 and the SO2 annual
program beginning in 2010.
On August 8, 2011 (76 FR 48208),
acting on the D.C. Circuit’s remand, EPA
promulgated CSAPR to replace CAIR in
order to address the interstate transport
of emissions contributing to
nonattainment and interfering with
maintenance of the two air quality
standards covered by CAIR as well as
the 2006 PM2.5 NAAQS. CSAPR
required EGUs in affected states,
including West Virginia, to participate
in federal trading programs to reduce
annual SO2, annual NOX, and/or ozone
season NOX emissions. The rule also
contained provisions that would sunset
CAIR-related obligations on a schedule
coordinated with the implementation of
the CSAPR compliance requirements.
CSAPR was to become effective January
1, 2012; however, the timing of CSAPR’s
implementation was impacted by a
number of court actions. Numerous
1 In October 1998, EPA finalized the ‘‘Finding of
Significant Contribution and Rulemaking for
Certain States in the Ozone Transport Assessment
Group Region for Purposes of Reducing Regional
Transport of Ozone’’—commonly called the NOX
SIP Call. See 63 FR 57356 (October 27, 1998).
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]]>Agencies
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Pages 5537-5540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02465]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2017-0051; FRL-9974-16-Region 10]
Air Plan Approval; OR, Oakridge; PM2.5 Moderate Plan, Finding of
Attainment and Clean Data Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
finding of attainment by the attainment date and a clean data
determination (CDD) for the Oakridge-Westfir (Oakridge), Oregon fine
particulate matter nonattainment area (Oakridge NAA). The finding is
based upon quality-assured, quality-controlled, and certified ambient
air monitoring data showing the area has monitored attainment of the
2006 24-hour fine particulate matter (PM2.5) National
Ambient Air Quality Standards (NAAQS) based on 2014-2016 data available
in the EPA's Air Quality System (AQS) database. This determination will
not constitute a redesignation to attainment.
The EPA is also finalizing approval of the revisions to Oregon's
State Implementation Plan (SIP) consisting of the updated Oakridge-
Westfir PM2.5 Attainment Plan (Oakridge Update) submitted by
the Oregon Department of Environmental Quality (ODEQ) on January 20,
2017. The purpose of the Oakridge Update, developed by Lane Regional
Air Protection Agency (LRAPA) in coordination with the ODEQ, is to
provide an attainment demonstration of the 2006 24-hour
PM2.5 NAAQS and correct deficiencies in the 2012 Oakridge
Attainment Plan.
DATES: This final rule is effective March 12, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2017-0051. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e.,
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, 8:30 a.m. to 4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Christi Duboiski at (360) 753-9081,
[email protected] or by using the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
[[Page 5538]]
I. Background Information
On October 21, 2016, the Environmental Protection Agency (EPA)
finalized a partial approval and partial disapproval of the 2012
Oakridge Attainment Plan (81 FR 72714) which started a sanction clock
for the imposition of offset sanctions and highway sanctions, 18 months
and 24 months respectively, after the November 21, 2016 effective date,
pursuant to section 179(a) of the Clean Air Act (CAA) and our
regulations at 40 CFR 52.31. In addition to sanctions, the EPA is
required to promulgate a Federal Implementation Plan (FIP) no later
than two years from the date of the finding if the deficiency has not
been corrected within that time period.
On January 20, 2017, Oregon Department of Environmental Quality
(ODEQ) submitted the Oakridge Update to correct the deficiencies
identified in the 2012 Oakridge Attainment Plan. On November 14, 2017,
(82 FR 52683) the EPA proposed to approve the finding of attainment by
the attainment date, the clean data determination (CDD) for the
Oakridge-Westfir (Oakridge), Oregon fine particulate matter
nonattainment area (Oakridge NAA), and the Oregon's State
Implementation Plan (SIP) consisting of the updated Oakridge-Westfir
PM2.5 Attainment Plan (Oakridge Update), which provided an
attainment demonstration of the 2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS). An
explanation of the CAA attainment planning requirements, a detailed
analysis of the submittal, and the EPA's reasons for proposing approval
were provided in the notice of proposed rulemaking, and will not be
restated here.
The EPA believes the Oakridge Update corrects the deficiencies
identified in our October 21, 2016, partial approval and partial
disapproval action. Therefore, we are taking final action to make an
attainment finding and approve the Oakridge Update as discussed in our
notice of proposed rulemaking, and all sanctions and sanction clocks
related to the 2012 Oakridge Attainment Plan, partial approval and
partial disapproval action will be permanently terminated on the
effective date of this final approval. The public comment period for
the proposed rule ended on December 14, 2017. The EPA received no
comments on the proposal.
Neither the finding of attainment by the attainment date nor CDD is
equivalent to the redesignation of the area to attainment. This action
does not constitute a redesignation to attainment under section
107(d)(3)(E) of the CAA, because the state must have an approved
maintenance plan for the area as required under section 175A of the
CAA, and a determination that the area has met the other requirements
for redesignation in order to be redesignated to attainment. The
designation status of the area will remain nonattainment for the 2006
PM2.5 NAAQS until such time as the EPA determines that the
area meets the CAA requirements for redesignation to attainment in CAA
section 107(d)(3)(E).
II. Final Action
The EPA is finalizing approval of the following items:
The determination that the Oakridge area attained the 2006
24-hour PM2.5 NAAQS by the December 31, 2016 attainment date
as demonstrated by quality-assured and quality-controlled 2014-2016
ambient air monitoring data.
The Oakridge NAA achieved a clean data determination (CDD)
in accordance with the EPA's clean data policy.
The Oakridge Update as meeting the requirements of section
110(k) of the CAA. Specifically, the EPA has determined the Oakridge
Update meets the substantive statutory and regulatory requirements for
base year and projected emissions inventories for the nonattainment
area, and an attainment demonstration with modeling analysis and
imposition of RACM/RACT level emission controls, RFP plan, QMs, and
contingency measures.\1\ The EPA is also approving a comprehensive
precursor demonstration for VOCs, SO2, NOX, and
NH3 and the 2015 MVEB of 22.2 lb/day for direct
PM2.5. The EPA believes approval of these SIP elements
corrects deficiencies identified in our October 21, 2016 partial
approval and partial disapproval action that initiated sanctions clocks
(81 FR 72714). All sanctions and sanction clocks related to the partial
disapproval of the 2012 Oakridge Attainment Plan will be permanently
terminated on the effective date of the final approval of this action.
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\1\ It is important to note, the 2016 Oakridge Update includes
the complete 2012 Oakridge Attainment Plan which was previously
partially approved, partially disapproved (81 FR 72714). In this
action, the EPA is taking no action on the following elements of
2012 Oakridge Attainment Plan included in Appendix 3 of the 2016
Oakridge Update; the 2012 Oakridge PM2.5 Attainment Plan
and associated appendices F1, F6 and K. These elements are
considered informational elements, not essential for making
decisions on the 2016 Oakridge Update. On February 24, 2016, ODEQ
withdrew appendices F2 and F3 from the Oakridge PM2.5
Attainment Plan submittal and clarified that they were provided for
informational purposes only.
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The EPA is approving, and incorporating by reference, the
following sections in the City of Oakridge Ordinance 920: Section 1
Definitions; Section 2(1) Curtailment; Section 2(2) Prohibited
materials; Section 3 Solid Fuel Burning Devices Upon Sale of the
Property; Section 4 Solid Fuel Burning Devices Prohibited; Section 5
Solid Fuel Burning Devices Exemptions; Section 7 Contingency Measures.
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 materials
generally available through https://www.regulations.gov and at the EPA
Region 10 Office (please contact the person identified in the ``For
Further Information Contact'' section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the State implementation plan, have been incorporated
by reference by the EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of the EPA's approval, and will be incorporated by
reference by the Director of the Federal Register in the next update to
the SIP compilation.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory
[[Page 5539]]
action because SIP approvals are exempted under Executive Order 12866;
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).
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 9, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 25, 2018.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons stated in the preamble, 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 is amended:
0
a. In paragraph (c), ``Table 3-EPA Approved City and County
Ordinances'' by adding an entry ``City of Oakridge Ordinance No. 920''
at the end of the table; and
0
b. In paragraph (e), table entitled, ``State of Oregon Air Quality
Control Program'' by adding under ``Section 4'', two entries ``4.66''
and ``4.67'' in numerical order.
The additions read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
Table 3--EPA Approved City and County Ordinances
----------------------------------------------------------------------------------------------------------------
Agency and ordinance Title or subject Date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
City of Oakridge Ordinance No. An Ordinance Amending 11/10/2016 2/8/2018, [Insert Oakridge PM-2.5
920. Section 7 of Ordinance Federal Register Attainment Plan.
914 and Adopting New citation]. Only with respect
Standards for the to Sections 1,
Oakridge Air Pollution 2(1), 2(2), 3,
Control Program. 4, 5 and 7.
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
State of Oregon Air Quality Control Program
----------------------------------------------------------------------------------------------------------------
EPA approval
SIP citation Title/subject State effective date date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
4.66, 12/06/2012 10/21/2016, 81 4.66 2012
FR 72714. Oakridge-
Westfir PM2.5
Attainment
Plan.
[[Page 5540]]
4.67, 1/20/2017 2/8/2018, 4.67 Updated
[Insert Oakridge-
Federal Westfir PM2.5
Register Attainment
citation]. Plan.
* * * * * * *
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* * * * *
[FR Doc. 2018-02465 Filed 2-7-18; 8:45 am]
BILLING CODE 6560-50-P
