Air Plan Approval; OR: Infrastructure Requirements for the 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine Particulate Matter Standards, 8021-8028 [2018-03675]

Download as PDF Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules https://www.epa.gov/dockets/ commenting-epa-dockets. ENVIRONMENTAL PROTECTION AGENCY FOR FURTHER INFORMATION CONTACT: 40 CFR Part 52 [EPA–R10–OAR–2016–0056; FRL–9974–79Region 10] Air Plan Approval; OR: Infrastructure Requirements for the 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine Particulate Matter Standards Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Whenever a new or revised National Ambient Air Quality Standard (NAAQS) is promulgated, the Clean Air Act (CAA) requires states to submit a plan for the implementation, maintenance, and enforcement of the standard, commonly referred to as infrastructure requirements. The Environmental Protection Agency (EPA) is proposing to approve the Oregon State Implementation Plan (SIP) as meeting infrastructure requirements for the 2010 nitrogen dioxide (NO2), 2010 sulfur dioxide (SO2), and 2012 fine particulate matter (PM2.5) NAAQS. The EPA is also proposing to approve, and incorporate by reference, rule changes made by the state to implement the PM2.5 NAAQS, relevant to this infrastructure action, and also the ozone NAAQS, which is unrelated to this action, but included for efficiency. DATES: Comments must be received on or before March 26, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2016–0056, at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit daltland on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:44 Feb 22, 2018 Jkt 244001 Kristin Hall, Air Planning Unit, Office of Air and Waste (OAW–150), Environmental Protection Agency— Region 10, 1200 Sixth Ave., Seattle, WA 98101; telephone number: (206) 553– 6357; email address: hall.kristin@ epa.gov. 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 II. Infrastructure Elements III. EPA Approach to Review of Infrastructure SIP Submissions IV. EPA Infrastructure Evaluation V. Rule Revisions VI. Proposed Action VII. Incorporation by Reference VIII. Statutory and Executive Orders Review I. Background On January 22, 2010, the EPA established a primary NO2 NAAQS at 100 parts per billion (ppb), averaged over one hour, supplementing the existing annual standard (75 FR 6474). Later that year, on June 2, 2010, the EPA promulgated a revised primary SO2 NAAQS at 75 ppb, based on a three-year average of the annual 99th percentile of one-hour daily maximum concentrations (75 FR 35520). More recently, on December 14, 2012, the EPA lowered the level of the primary annual PM2.5 NAAQS to 12 mg/m3 and retained the remaining particulate matter standards (January 15 2013, 78 FR 3086). Whenever a new or revised standard is promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of the standard, commonly referred to as infrastructure requirements. On September 13, 2013, the EPA issued guidance to help states address these infrastructure requirements (2013 Guidance).1 As noted in the 2013 Guidance, to the extent an existing SIP already meets the CAA section 110(a)(2) requirements, states may certify that fact in their submission to the EPA. On December 27, 2013, Oregon made an infrastructure SIP submission for the 2010 NO2 and 2010 SO2 NAAQS.2 Later, 1 Stephen D. Page, Director, Office of Air Quality Planning and Standards. ‘‘Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2).’’ Memorandum to EPA Air Division Directors, Regions 1–10, September 13, 2013. 2 The December 27, 2013, submission also addressed infrastructure requirements for the 2008 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 8021 on October 20, 2015, Oregon made an infrastructure SIP submission for the 2012 PM2.5 NAAQS.3 Included in these submissions were specific rule revisions made to implement the revised standards in Oregon. For a detailed discussion of the submitted rule changes, please see Section V. below. As part of this action we are also addressing a SIP revision submitted by Oregon on July 18, 2017. The July 18, 2017, submission updated an Oregon rule to account for a change to the federal ozone standard. We note that this update to the ozone standard in the Oregon SIP is not relevant to our infrastructure action on the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS, and is only being included in this action for efficiency. For a detailed discussion of this rule change, please see Section V. below. II. Infrastructure Elements CAA section 110(a)(1) provides the procedural and timing requirements for SIP submissions after a new or revised NAAQS is promulgated. CAA section 110(a)(2) lists specific elements that states must meet for infrastructure SIP requirements related to a newly established or revised NAAQS. The requirements, with corresponding CAA subsections, are listed below: • 110(a)(2)(A): Emission limits and other control measures. • 110(a)(2)(B): Ambient air quality monitoring/data system. • 110(a)(2)(C): Program for enforcement of control measures. • 110(a)(2)(D): Interstate transport. • 110(a)(2)(E): Adequate resources. • 110(a)(2)(F): Stationary source monitoring system. • 110(a)(2)(G): Emergency power. • 110(a)(2)(H): Future SIP revisions. • 110(a)(2)(I): Areas designated nonattainment and meet the applicable requirements of part D. • 110(a)(2)(J): Consultation with government officials; public notification; and Prevention of Significant Deterioration (PSD) and visibility protection. • 110(a)(2)(K): Air quality modeling/ data. lead (Pb) NAAQS. We approved the Pb-related portion of the submission on June 24, 2014, therefore, this action does not address the 2008 Pb NAAQS (79 FR 35693). 3 The October 20, 2015, submission also addressed the interstate transport requirements at CAA section 110(a)(2)(D) for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. However, this action only addresses a portion of the interstate transport requirements, specifically CAA sections 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii). We intend to address the remainder, CAA section 110(a)(2)(D)(i)(I), in a separate, future action. See section 110(a)(2)(D) below. E:\FR\FM\23FEP1.SGM 23FEP1 8022 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules • 110(a)(2)(L): Permitting fees. • 110(a)(2)(M): Consultation/ participation by affected local entities. The EPA’s 2013 Guidance restated our interpretation that two elements are not governed by the three-year submission deadline in CAA section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are due on separate schedules, pursuant to CAA section 172 and the various pollutant-specific subparts 2 through 5 of part D. These are submissions required by: (i) CAA section 110(a)(2)(C), to the extent that subsection refers to a permit program as required in part D, title I of the CAA, and (ii) CAA section 110(a)(2)(I). As a result, this action does not address CAA section 110(a)(2)(C) with respect to nonattainment new source review (NSR) or CAA section 110(a)(2)(I). The EPA has also determined that the CAA section 110(a)(2)(J) provision on visibility is not triggered by a new NAAQS because the visibility requirements in part C, title I of the CAA are not changed by a new NAAQS. III. EPA Approach To Review of Infrastructure SIP Submissions We are proposing to approve Oregon’s December 23, 2013, and October 20, 2015, submissions for certain infrastructure requirements. Our most recent action on an Oregon infrastructure submission was published on June 24, 2014 (79 FR 35693). In the preamble of the proposal for that action, we published a discussion of the EPA’s overall approach to review of these types of submissions. Please see our April 17, 2014, proposed rule for this discussion (79 FR 21679, at page 21680). IV. EPA Infrastructure Evaluation daltland on DSKBBV9HB2PROD with PROPOSALS 110(a)(2)(A): Emission Limits and Other Control Measures CAA section 110(a)(2)(A) requires SIPs to include enforceable emission limits and other control measures, means or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of the CAA. State submissions: Oregon’s submissions cite multiple Oregon air quality laws and SIP-approved regulations to address this element for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. Oregon Revised Statutes (ORS) 468A.035 General Comprehensive Plan provides authority to the Oregon Department of Environmental Quality VerDate Sep<11>2014 17:44 Feb 22, 2018 Jkt 244001 (ODEQ) to develop a general comprehensive plan for the control or abatement of air pollution. ORS 468.020 Rules and Standards gives the Oregon Environmental Quality Commission (EQC) authority to adopt rules and standards to perform functions vested by law. ORS 468A.025 Air Purity Standards provides the EQC with authority to set air quality standards, emission standards, and emission treatment and control provisions. ORS 468A.040 Permits; Rules provides that the EQC may require permits for specific sources, type of air contaminant or specific areas of the state. The Oregon submissions also cite these other laws and regulations: • ORS 468A.045 Activities Prohibited without Permit; Limit on Activities with Permit • ORS 468A.050 Classification of Air Contamination Sources; Registration and Reporting; Registration and Reporting of Sources; Rules; Fees • ORS 468A.055 Notice Prior to Construction of New Sources; Order Authorizing or Prohibiting Construction; Effect of No Order; Appeal • ORS 468A.070 Measurement and Testing of Contamination Sources; Rules • ORS 468A.310 Federal Operating Permit Program Approval; Rules; Content of Plan • ORS 468A.315 Emission Fees for Major Sources; Base Fees; Basis of Fees; Rules • ORS 468A.350–455 Motor Vehicle Pollution Control • ORS 468A.460–520 Woodstove Emissions Control • ORS 468A.550–620 Field Burning and Propane Flaming • ORS 468A.990 Penalties for Air Pollution Offenses • OAR 340–200 General Air Pollution Procedures and Definitions • OAR 340–202 Ambient Air Quality Standards and PSD Increments • OAR 340–204 Designation of Air Quality Areas • OAR 340–208 Visible Emissions • OAR 340–216 Air Contaminant Discharge Permits • OAR 340–222 Stationary Source Plant Site Emission Limits • OAR 340–224 New Source Review • OAR 340–225 Air Quality Analysis Requirements • OAR 340–226 General Emission Standards • OAR 340–228 Requirements for Fuel Burning Equipment and Fuel Sulfur Content • OAR 340–232 Emission Standards for VOC Point Sources PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 • OAR 340–234 Emission Standards for Wood Products Industries: Emission Limitations • OAR 340–236 Emission Standards for Specific Industries: Emission Limits • OAR 340–240 Rules for Areas with Unique Air Quality Needs • OAR 340–242 Rules Applicable to the Portland Area • OAR 340–250 General Conformity • OAR 340–252 Transportation Conformity • OAR 340–256 Motor Vehicles • OAR 340–258 Motor Vehicle Fuel Specifications • OAR 340–262 Residential Woodheating • OAR 340–266 Field Burning Rules • OAR 340–268 Emission Reduction Credits EPA analysis: Oregon regulates emissions of NO2, SO2, and PM2.5 (and nitrogen oxides (NOX) and sulfur dioxide (SO2) as precursors to PM2.5) through its SIP-approved new source review (NSR) permitting program, in addition to provisions described below. We recently approved updates to the Oregon ambient air quality standards in Division 202 to account for the 2010 NO2 and 2010 SO2 NAAQS (82 FR 47122, October 10, 2017). In this action, we are proposing to approve further updates to Division 202 for the 2012 PM2.5 NAAQS, at OAR 340–202–0060. For a detailed discussion of the update to Division 202, see Section V. below. Oregon has no areas designated nonattainment for the 2010 NO2 and 2012 PM2.5 NAAQS, and the EPA is still in the process of completing designations for the 2010 SO2 NAAQS. We note, however, that the EPA does not consider SIP requirements triggered by the nonattainment area mandates in part D, title I of the CAA to be governed by the submission deadline of CAA section 110(a)(1). Regulations and other control measures for purposes of attainment planning under part D, title I of the CAA are due on a different schedule than infrastructure SIPs. Oregon’s SIP-approved NSR program is administered through Division 216 Air Contaminant Discharge Permits. The EPA most recently approved revisions to Oregon’s NSR program as meeting federal requirements on October 10, 2017 (82 FR 47122). The program regulates new and modified stationary sources of NO2, SO2, direct PM2.5, and nitrogen oxides (NOX) and sulfur dioxide (SO2) as precursors to PM2.5. In addition to permitting provisions, Oregon’s SIP contains numerous rules that limit NOX, SO2, and particulate matter emissions. These rules (listed E:\FR\FM\23FEP1.SGM 23FEP1 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules above) include visible emissions standards, particulate emissions standards, requirements for fuel burning equipment and fuel sulfur content, grain loading standards, refuse burning limitations, emission limits for wood products industries and other industries, residential wood heating restrictions, field burning rules, and motor vehicle pollution controls. As a result, we are proposing to approve the Oregon SIP as meeting the requirements of CAA section 110(a)(2)(A) for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. daltland on DSKBBV9HB2PROD with PROPOSALS 110(a)(2)(B): Ambient Air Quality Monitoring/Data System CAA section 110(a)(2)(B) requires SIPs to include provisions to provide for establishment and operation of ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to the EPA upon request. State submissions: The Oregon submissions reference ORS 468.035(a–e, m) Functions of the Department which provides authority to conduct and supervise inquiries and programs to assess and communicate air conditions and to obtain necessary resources (assistance, materials, supplies, etc.) to meet these responsibilities. The submissions also reference Division 212 Stationary Source Testing and Monitoring regulations. EPA analysis: A comprehensive air quality monitoring plan, intended to meet federal requirements, was originally submitted by Oregon on December 27, 1979 (40 CFR 52.1970) and approved by the EPA on March 4, 1981 (46 FR 15136). The plan includes statutory and regulatory authority to establish and operate an air quality monitoring network, including NO2, SO2, and PM2.5 monitoring. Oregon’s SIP-approved regulations at Division 212 govern stationary source testing and monitoring in accordance with federal reference methods. Every five years, Oregon assesses the adequacy of the state monitoring network and submits that assessment to the EPA for review. In practice, Oregon operates a comprehensive monitoring network, including NO2, SO2, and PM2.5 monitoring, compiles and analyzes collected data, and submits the data to the EPA’s Air Quality System on a quarterly basis. Therefore, we are proposing to approve the Oregon SIP as meeting the requirements of CAA section 110(a)(2)(B) for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. VerDate Sep<11>2014 17:44 Feb 22, 2018 Jkt 244001 110(a)(2)(C): Program for Enforcement of Control Measures CAA section 110(a)(2)(C) requires states to include a program providing for enforcement of all SIP measures and the regulation of construction of new or modified stationary sources, including a program to meet PSD and nonattainment NSR requirements. State submissions: The Oregon submissions refer to ORS 468.090–140 Enforcement which provides the ODEQ with authority to investigate complaints, investigate and inspect sources for compliance, access records, commence enforcement procedures, and impose civil penalties. In addition, ORS 468.035 Functions of the Department, paragraphs (j) and (k), provide the ODEQ with authority to enforce Oregon air pollution laws and compel compliance with any rule, standard, order, permit or condition. The submissions also cite: • ORS 468.020 Rules and Standards • ORS 468.065 Issuance of Permits; Consent; Fees; Use • ORS 468.070 Denial, Modification, Suspension or Revocation of Permits • ORS 468.920–963 Environmental Crimes • ORS 468.996–997 Civil Penalties • ORS 468A.025 Air Purity Standards; Air Quality Standards; Treatment and Control of Emissions; Rules • ORS 468A.035 General Comprehensive Plan • ORS 468A.040 Permits; Rules • ORS 468A.045 Activities Prohibited without Permit; Limit on Activities with Permit • ORS 468A.050 Classification of Air Contamination Sources; Registration and Reporting; Registration and Reporting of Sources; Rules; Fees • ORS 468A.055 Notice Prior to Construction of New Sources; Order Authorizing or Prohibiting Construction; Effect of No Order; Appeal • ORS 468A.070 Measurement and Testing of Contamination Sources; Rules • ORS 468A.310 Federal Operating Permit Program Approval; Rules; Content of Plan • ORS 468A.990 Penalties for Air Pollution Offenses • OAR 340–012 Enforcement Procedure and Civil Penalties • OAR 340–202 Ambient Air Quality Standards and PSD Increments • OAR 340–210 Stationary Source Notification Requirements • OAR 340–214 Stationary Source Reporting Requirements • OAR 340–216 Air Contaminant Discharge Permits (ADCP) PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 8023 • OAR 340–224 New Source Review EPA analysis: The EPA is proposing to find that Oregon code provisions provide the ODEQ with authority applicable to the 2010 NO2, 2010 SO2, and 2012 PM2.5 standards to enforce the air quality laws, regulations, permits, and orders promulgated pursuant to ORS Chapters 468 and 468A. The ODEQ staffs and maintains an enforcement program to ensure compliance with SIP requirements. The ODEQ Director, at the direction of the Governor, may enter a cease and desist order for polluting activities that present an imminent and substantial danger to public health (ORS 468.115). Enforcement cases may be referred to the state Attorney General’s office for civil or criminal enforcement. To generally meet the requirements of CAA section 110(a)(2)(C) for regulation of construction of new or modified stationary sources, a state is required to have PSD, nonattainment NSR, and minor NSR permitting programs adequate to implement the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. As explained above, we are not in this action evaluating nonattainment-related provisions, including the nonattainment NSR program required by part D, title I of the CAA. Oregon’s federally enforceable state operating permit program, at Division 216 Air Contaminant Discharge Permits, is also the administrative permit mechanism used to implement the SIPapproved NSR program. We most recently approved revisions to the NSR program (Divisions 200, 202, 209, 212, 216, 222, 224, 225, and 268) as meeting federal requirements at 40 CFR 51.160 through 164 (minor NSR) and 40 CFR 51.166 (PSD) on October 10, 2017 (82 FR 47122). The Oregon minor NSR and PSD rules meet current requirements for all regulated NSR pollutants. Therefore, we are proposing to approve the Oregon SIP as meeting the requirements of CAA section 110(a)(2)(C) for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. 110(a)(2)(D): Interstate Transport CAA section 110(a)(2)(D)(i) addresses four separate elements, or ‘‘prongs.’’ CAA section 110(a)(2)(D)(i)(I) requires state SIPs to contain adequate provisions prohibiting emissions which will contribute significantly to nonattainment of the NAAQS in any other state (prong 1), and adequate provisions prohibiting emissions which will interfere with maintenance of the NAAQS by any other state (prong 2). CAA section 110(a)(2)(D)(i)(II) requires state SIPs to contain adequate provisions prohibiting emissions which will interfere with any other state’s required measures to prevent significant E:\FR\FM\23FEP1.SGM 23FEP1 daltland on DSKBBV9HB2PROD with PROPOSALS 8024 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules deterioration (PSD) of its air quality (prong 3), and adequate provisions prohibiting emissions which will interfere with any other state’s required measures to protect visibility (prong 4). CAA section 110(a)(2)(D)(ii) states SIPs must include provisions ensuring compliance with the applicable requirements of CAA sections 126 and 115 (relating to interstate and international pollution abatement). CAA section 126 requires notification to neighboring states of potential impacts from a new or modified major stationary source, and specifies how a state may petition the EPA when a major source or group of stationary sources in a state is thought to contribute to certain pollution problems in another state. CAA section 115 governs the process for addressing air pollutants emitted in the United States that cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare in a foreign country. State submissions: The Oregon submissions address all interstate transport requirements of the CAA, however, we intend to address certain of these requirements in a separate, future action, specifically, CAA section 110(a)(2)(D)(i)(I) prongs 1 and 2. This proposed action addresses the remainder: 110(a)(2)(D)(i)(II) prongs 3 and 4, and 110(a)(2)(D)(ii). To meet these provisions, the Oregon submissions reference the state’s SIPapproved NSR program and the state’s SIP-approved regional haze plan. The Oregon submissions also reference Division 209 Public Participation, approved as part of the Oregon NSR program, and assert that Oregon regulations are consistent with federal requirements in Appendix N of 40 CFR part 50 pertaining to the notification of interstate pollution abatement. EPA analysis: The EPA believes that the PSD sub-element of CAA section 110(a)(2)(D)(i)(II) (prong 3) is satisfied where major new and modified stationary sources in attainment and unclassifiable areas are subject to a SIPapproved PSD program. The EPA most recently approved revisions to Oregon’s NSR program as meeting federal PSD requirements on October 11, 2017 (82 FR 47122). Therefore, we are proposing to approve the Oregon SIP as meeting CAA section 110(a)(2)(D)(i)(II) prong 3 with respect to PSD for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. The EPA believes, as noted in the 2013 Guidance, where a state’s regional haze plan has been approved as meeting all current obligations, a state may rely upon those provisions in support of its demonstration that it satisfies CAA section 110(a)(2)(D)(i)(II) as it relates to VerDate Sep<11>2014 17:44 Feb 22, 2018 Jkt 244001 Turning to sub-element (E)(ii), the submissions cite OAR 340–200–0100 Purpose, OAR 340–200–0110 Public Interest Representation, and OAR 340– 200–0120 Disclosure of Potential Conflicts of Interest. The submissions state that the EPA approved the listed regulatory provisions as meeting the requirements of CAA section 128 on January 22, 2003 (68 FR 2891). With respect to sub-element (E)(iii), the submissions cite ORS 468.020 Rules and Standards which requires a public hearing on any proposed rule or standard prior to adoption. ORS 468.035(c) Functions of Department provides the ODEQ authority to advise, consult, and cooperate with other states, state and federal agencies, or political subdivisions on all air quality control matters. ORS 468A.010 Policy calls for a coordinated statewide program of air quality control with responsibility allocated between the state and the units of local government. ORS 468A.100–180 Regional Air Quality Control Authorities describes the establishment, role and function of regional air quality control authorities. State regulations Division 200 specify 110(a)(2)(E): Adequate Resources LRAPA has authority in Lane County CAA section 110(a)(2)(E) requires and defines the term Regional Agency. states to provide (i) necessary Division 204 includes designation of assurances that the state will have control areas within Lane County. adequate personnel, funding, and Division 216 Air Contaminant authority under state law to carry out Discharge Permits includes permitting the SIP (and is not prohibited by any authority for LRAPA. provision of federal or state law from EPA analysis: We are proposing to carrying out the SIP or portion thereof), find that the above-referenced (ii) requirements that the state comply provisions provide Oregon with with the state board provisions under adequate authority to carry out SIP CAA section 128 and (iii) necessary obligations with respect to the 2010 assurances that, where the state has NO2, 2010 SO2, and 2012 PM2.5 NAAQS relied on a local or regional government, as required by CAA section agency, or instrumentality for the 110(a)(2)(E)(i). We are also proposing to implementation of any SIP provision, approve the Oregon SIP as meeting CAA the state has responsibility for ensuring section 110(a)(2)(E)(ii) because we adequate implementation of such SIP previously approved the SIP for provision. purposes of CAA section 128. On State submissions: With respect to January 22, 2003, we approved OAR sub-element (E)(i), the Oregon 340–200–0100 through OAR 340–200– submissions cite ORS 468.035 Functions 0120 as meeting CAA section 128 (68 FR of Department which provides the 2891). In addition, we previously ODEQ authority to employ personnel, approved LRAPA Title 12, Section 025 purchase supplies, enter into contracts, (recodified at LRAPA Title 13, section and to receive, appropriate, and expend 025) as meeting CAA section 128 on federal and other funds for purposes of March 1, 1989 (54 FR 8538). air pollution research and control. In We are proposing to find that Oregon addition, ORS 468.045 Functions of has provided necessary assurances that, Director; Delegation provides the ODEQ where the state has relied on a local or Director with authority to hire, assign, regional government, agency, or reassign, and coordinate personnel of instrumentality for the implementation the department and to administer and of any SIP provision, the state has enforce the laws of the state concerning responsibility for ensuring adequate environmental quality. In addition, the implementation of the SIP as required submission cites the CAA section 105 by CAA section 110(a)(2)(E)(iii). grants received from the EPA and Therefore, we are proposing to approve matched through the Oregon General the Oregon SIP as meeting the Fund. requirements of CAA sections visibility (prong 4). On July 5, 2011, the EPA approved portions of the Oregon regional haze plan, including the requirements for best available retrofit technology (76 FR 38997). We approved the remaining elements of the Oregon regional haze plan on August 22, 2012 (77 FR 50611). Because we approved the Oregon plan as meeting regional haze requirements, we are proposing to approve the Oregon SIP as meeting CAA section 110(a)(2)(D)(i)(II) prong 4 visibility requirements with respect to the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. The Division 209 public notice provisions in Oregon’s SIP-approved NSR program require that for major NSR permit actions, Oregon must provide notice to neighboring states, among other officials and agencies. This notice requirement is consistent with CAA section 126(a). In addition, Oregon has no pending obligations under section 115 or 126(b) of the CAA. Therefore, we are proposing to approve the Oregon SIP as meeting the requirements of CAA section 110(a)(2)(D)(ii) for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules 110(a)(2)(E) for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. daltland on DSKBBV9HB2PROD with PROPOSALS 110(a)(2)(F): Stationary Source Monitoring System CAA section 110(a)(2)(F) requires (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and (iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to the CAA, which reports shall be available at reasonable times for public inspection. State submissions: The Oregon submissions refer to the following statutory and regulatory provisions for source emissions monitoring, reporting, and correlation with emission limits or standards: • ORS 468.020 Rules and Standards • ORS 468.035 Functions of Department paragraphs (b) and (d) • ORS 468A.025(4) Air Purity Standards; Air Quality Standards; Treatment and Control of Emissions; Rules • ORS 468A.070 Measurement and Testing of Contamination Sources; Rules • OAR 340–212 Stationary Source Testing and Monitoring • OAR 340–214 Stationary Source Reporting Requirements • OAR 340–222 Stationary Source Plant Site Emission Limits • OAR 340–225 Air Quality Analysis Requirements • OAR 340–234 Emission Standards for Wood Products Industries: Monitoring and Reporting • OAR 340–236 Emission Standards for Specific Industries: Emissions Monitoring and Reporting • OAR 340–240 Rules for Areas with Unique Air Quality Needs • OAR 340–250 General Conformity EPA analysis: The Oregon statutory provisions listed above provide authority to establish a program for measurement and testing of sources, including requirements for sampling and testing with respect to the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. The Oregon regulations cited above require facilities to monitor and report emissions, including requirements for monitoring methods and design, and monitoring and quality improvement plans. Oregon’s stationary source reporting requirements include maintaining written records to VerDate Sep<11>2014 17:44 Feb 22, 2018 Jkt 244001 demonstrate compliance with emission rules, limitations, or control measures, and requirements for reporting and recordkeeping. Information is made available to the public through public processes outlined at OAR 340–209 Public Participation. Oregon submits emissions data to the EPA for purposes of the National Emissions Inventory (NEI). The NEI is the EPA’s central repository for air emissions data. Oregon submits a comprehensive emissions inventory every three years and reports emissions for certain larger sources annually through the EPA’s online Emissions Inventory System. Oregon reports emissions data for the six criteria pollutants and also voluntarily reports emissions of hazardous air pollutants. The EPA compiles the emissions data, supplementing it where necessary, and releases it to the general public through the website https://www.epa.gov/airemissions-inventories. Based on the analysis above, we are proposing to approve the Oregon SIP as meeting the requirements of CAA section 110(a)(2)(F) for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. 110(a)(2)(G): Emergency Episodes CAA section 110(a)(2)(G) requires states to provide for authority to address activities causing imminent and substantial endangerment to public health, including adequate contingency plans to implement the emergency episode provisions in their SIPs. State submissions: The Oregon submissions cite ORS 468–115 Enforcement in Cases of Emergency which authorizes the ODEQ Director, at the direction of the Governor, to enter a cease and desist order for polluting activities that present an imminent and substantial danger to public health. In addition, OAR 340–206 Air Pollution Emergencies authorizes the ODEQ Director to declare an air pollution alert or warning, or to issue an advisory to notify the public. OAR 340–214 Stationary Source Reporting Requirements governs reporting of emergencies and excess emissions and reporting requirements. EPA analysis: Section 303 of the CAA provides authority to the EPA Administrator to restrain any source from causing or contribution to emissions which present an ‘‘imminent and substantial endangerment to public health or welfare, or the environment.’’ We find that ORS 468–115 Enforcement in Cases of Emergency provides emergency order authority comparable to CAA section 303. We recently approved revisions to the Oregon air pollution emergency rules at PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 8025 OAR 340–206 Air Pollution Emergencies on October 11, 2017 (82 FR 47122). Oregon’s rules are consistent with federal emergency episode requirements for NO2, SO2, and PM2.5 (prevention of air pollution emergency episodes, 40 CFR part 51 subpart H; sections 51.150 through 51.153). Accordingly, we are proposing to approve the Oregon SIP as meeting the requirements of CAA section 110(a)(2)(G) for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. 110(a)(2)(H): Future SIP Revisions CAA section 110(a)(2)(H) requires that SIPs provide for revision of a state plan (i) from time to time as may be necessary to take account of revisions of a national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining the standard, and (ii), except as provided in paragraph 110(a)(3)(C), whenever the Administrator finds that the SIP is substantially inadequate to attain the NAAQS which it implements or to otherwise comply with any additional requirements under the CAA. State submissions: The Oregon submissions refer to ORS 468.020 Rules and Standards which requires public notice on any proposed rule or standard prior to adoption, and ORS 468A.035 ‘‘General Comprehensive Plan’’ which requires the ODEQ to develop a general comprehensive plan for the control or abatement of air pollution. The submissions also refer to OAR 340–200– 0040 State of Oregon Clean Air Act Implementation Plan which provides for revisions to the Oregon SIP and submission of revisions to the EPA, including standards submitted by a regional authority and adopted verbatim into state rules. EPA analysis: As cited above, the Oregon SIP provides for revisions, and in practice, Oregon regularly submits SIP revisions to the EPA. On October 11, 2017, the EPA approved a large number of revisions to the Oregon SIP (82 FR 47122). Other recent EPA actions on revisions to the Oregon SIP include but are not limited to: April 13, 2016 (81 FR 21814), October 23, 2015 (80 FR 64346), April 25, 2013 (78 FR 24347), October 4, 2012 (77 FR 60627), and November 27, 2011 (76 FR 80747). Accordingly, we are proposing to approve the Oregon SIP as meeting the requirements of CAA section 110(a)(2)(H) for the 2010 NO2, 2010 SO2, 2012 PM2.5 NAAQS. 110(a)(2)(I): Nonattainment Area Plan Revision Under Part D There are two elements identified in CAA section 110(a)(2) not governed by the three-year submission deadline of CAA section 110(a)(1) because SIPs E:\FR\FM\23FEP1.SGM 23FEP1 8026 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules incorporating necessary local nonattainment area controls are due on nonattainment area plan schedules pursuant to section 172 and the various pollutant-specific subparts 2 through 5 of part D. These are submissions required by: (i) CAA section 110(a)(2)(C) to the extent that subsection refers to a permit program as required in part D, title I of the CAA, and (ii) section 110(a)(2)(I) which pertain to the nonattainment planning requirements of part D, title I of the CAA. As a result, this action does not address CAA section 110(a)(2)(C) with respect to nonattainment NSR or CAA section 110(a)(2)(I). 110(a)(2)(J): Consultation With Government Officials daltland on DSKBBV9HB2PROD with PROPOSALS CAA section 110(a)(2)(J) requires states to provide a process for consultation with local governments and federal land managers carrying out NAAQS implementation requirements pursuant to CAA section 121. CAA section 110(a)(2)(J) further requires states to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances. Lastly, CAA section 110(a)(2)(J) requires states to meet applicable requirements of part C, title I of the CAA related to prevention of significant deterioration and visibility protection. State submissions: The Oregon submissions reference specific laws and regulations relating to consultation, public notification, and PSD: • ORS 468.020 Rules and Standards • ORS 468.035 Functions of Department paragraphs (a), (c), (f), and (g) • ORS 468A.010 Policy paragraphs (1)(b) and (c) • ORS 468A.025 Air Purity Standards; Air Quality Standards; Treatment and Control of Emissions; Rules • OAR 340–202 Ambient Air Quality Standards and PSD Increments • OAR 340–204 Designation of Air Quality Areas • OAR 340–224 New Source Review • OAR 340–225 Air Quality Analysis Requirements EPA analysis: The Oregon SIP includes specific provisions for consulting with local governments and federal land managers as specified in CAA section 121, including the Oregon rules for PSD permitting. The EPA most recently approved revisions to the Oregon NSR program, which provides opportunity and procedures for public comment and notice to appropriate federal, state and local agencies, on October 11, 2017 (82 FR 47122). In VerDate Sep<11>2014 17:44 Feb 22, 2018 Jkt 244001 addition, we approved the Oregon rules that define transportation conformity consultation on October 4, 2012 (77 FR 60627) and regional haze interagency planning on July 5, 2011 (76 FR 38997). In practice, the ODEQ routinely coordinates with local governments, states, federal land managers and other stakeholders on air quality issues including transportation conformity and regional haze, and provides notice to appropriate agencies related to permitting actions. Oregon participates in regional planning processes including the Western Regional Air Partnership, which is a voluntary partnership of states, tribes, federal land managers, local air agencies and the EPA, whose purpose is to understand current and evolving regional air quality issues in the West. Based on the provisions above, we are proposing to find that the Oregon SIP meets the requirements of CAA section 110(a)(2)(J) for consultation with government officials for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. Section 110(a)(2)(J) also requires states to notify the public if ambient air quality standards are exceeded in an area. States must advise the public of the health hazards associated with air pollution and what can be done to prevent exceedances. The EPA calculates an air quality index for five major air pollutants regulated by the CAA: Ground-level ozone, particulate matter, carbon monoxide, sulfur dioxide, and nitrogen dioxide. This air quality index (AQI) provides daily information to the public on air quality. Oregon actively participates and submits information to the EPA’s AIRNOW and Enviroflash Air Quality Alert programs which provide information to the public on local air quality. Oregon also provides the AQI to the public at https://www.deq.state.or.us/ aqi/. Therefore, we are proposing to find that the Oregon SIP meets the requirements of CAA section 110(a)(2)(J) for public notification for the 2010 NO2, 2010 SO2, 2012 PM2.5 NAAQS. Turning to the requirement in CAA section 110(a)(2)(J) that the SIP meet the applicable requirements of part C, title I of the CAA, we have evaluated this requirement in the context of CAA section 110(a)(2)(C) and permitting. The EPA most recently approved revisions to Oregon’s PSD program on October 11, 2017 (82 FR 47122), updating the program for current federal requirements. Therefore, we are proposing to approve the Oregon SIP as meeting the requirements of CAA 110(a)(2)(J) with respect to PSD for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 With respect to visibility protection under element (J), the EPA recognizes that states are subject to visibility and regional haze program requirements under part C of the CAA. In the event of the establishment of a new NAAQS, however, the visibility and regional haze program requirements under part C do not change. Thus we find that there is no new applicable requirement relating to visibility triggered under CAA section 110(a)(2)(J) when a new NAAQS becomes effective. Based on the above analysis, we are proposing to approve the Oregon SIP as meeting the requirements of CAA section 110(a)(2)(J) for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. 110(a)(2)(K): Air Quality and Modeling/ Data CAA section 110(a)(2)(K) requires that SIPs provide for (i) the performance of air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a NAAQS, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator. State submissions: The Oregon submissions refer to ORS 468–020 Rules and Standards which requires public hearing on any proposed rule or standard prior to adoption, and ORS 468.035 Functions of Department which provides the ODEQ authority to conduct studies and investigations to determine air quality. The submissions also reference OAR 340–225 Air Quality Analysis Requirements which includes modeling requirements for analysis and demonstration of compliance with standards and increments in specified areas. EPA analysis: The EPA previously approved OAR 340–225 Air Quality Analysis Requirements on October 11, 2017 (82 FR 47122) and these rules specify that modeled estimates of ambient concentrations be based on 40 CFR part 51, Appendix W (Guidelines on Air Quality Models). Any change or substitution from models specified in 40 CFR part 51, Appendix W is subject to notice and opportunity for public comment and must receive prior written approval from the ODEQ and the EPA. In addition, as an example of the state’s modeling capacity, we cite to a recent Oregon SIP revision, the Klamath Falls PM2.5 attainment plan, that was supported by modeling. The EPA approved the SIP revision on June 6, 2016 (81 FR 36176). Based on the above analysis, we are proposing to approve the Oregon SIP as meeting the E:\FR\FM\23FEP1.SGM 23FEP1 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules daltland on DSKBBV9HB2PROD with PROPOSALS requirements of CAA section 110(a)(2)(K) for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. 110(a)(2)(L): Permitting Fees CAA section 110(a)(2)(L) directs SIPs to require each major stationary source to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a permit. State submissions: The Oregon submissions refer to ORS 468.065 Issuance of Permits: Content; Fees; Use which provides the EQC authority to establish a schedule of fees for permits based on the costs of filing and investigating applications, issuing or denying permits, carrying out title V requirements and determining compliance. ORS 468A.040 Permits; Rules provides that the EQC may require permits for air contamination sources, type of air contaminant, or specific areas of the state. The submission also references OAR 340– 216 Air Contaminant Discharge Permits which requires payment of permit fees based on a specified table of sources and fee schedule. EPA analysis: On September 28, 1995, the EPA fully-approved Oregon’s title V operating permit program (60 FR 50106). While Oregon’s title V program is not formally approved into the SIP, it is a mechanism the state can use to ensure that the ODEQ has sufficient resources to support the air program, consistent with the requirements of the SIP. Before the EPA can grant full approval, a state must demonstrate the ability to collect adequate fees. The Oregon title V program included a demonstration that fees would be adequate, and that the state would collect fees from title V sources above the presumptive minimum in accordance with 40 CFR 70.9(b)(2)(i). In addition, we note that Oregon SIPapproved regulations require fees for purposes of major and minor NSR permitting, as specified in OAR 340– 216–0090 Sources Subject to ADCP and Fees, OAR 340–216–8010 Table 1— Activities and Sources, and OAR 340– 216–8020 Table 2—Air Contaminant Discharge Permits (fee schedule). Therefore, we are proposing to conclude that Oregon has satisfied the requirements of CAA section 110(a)(2)(L) for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. 110(a)(2)(M): Consultation/Participation by Affected Local Entities CAA section 110(a)(2)(M) requires states to provide for consultation and participation in SIP development by local political subdivisions affected by the SIP. VerDate Sep<11>2014 17:44 Feb 22, 2018 Jkt 244001 State submissions: The Oregon submissions refer to the following laws and regulations: • ORS 468.020 Rules and Standards • ORS 468.035 Functions of Department paragraphs (a), (c), (f), and (g) • ORS 468A.010 Policy paragraphs (1)(b) and (c) • ORS 468A.025 Air Purity Standards; Air Quality Standards; Treatment and Control of Emissions; Rules • ORS 468A.035 General Comprehensive Plan • ORS 468A.040 Permits; Rules • ORS 468A.055 Notice Prior to Construction of New Sources; Order Authorizing or Prohibiting Construction; Effect of No Order; Appeal • ORS 468A.070 Measurement and Testing of Contamination Sources; Rules • ORS 468A.100–180 Regional Air Quality Control Authorities • OAR 340–200 General Air Pollution Procedures and Definitions • OAR 340–204 Designation of Air Quality Areas • OAR 340–216 Air Contaminant Discharge Permits EPA analysis: The regulations cited by Oregon were previously approved on December 27, 2011 (76 FR 80747), and provide for consultation and participation in SIP development by local political subdivisions affected by the SIP. We are proposing to approve the Oregon SIP as meeting the requirements of CAA section 110(a)(2)(M) for the 2010 NO2, 2010 SO2, and the 2012 PM2.5 NAAQS. V. Rule Revisions Oregon submitted several rule revisions in the December 27, 2013, and October 20, 2015, SIP submissions. However, most of these rule revisions were superseded by rule changes submitted on April 22, 2015 and approved on October 11, 2017 (82 FR 47122).4 There are two rule changes that are relevant to our proposed infrastructure action and that were not superseded by the April 22, 2015, submission. Specifically, Oregon revised OAR 340–202–0060 Suspended Particulate Matter to lower the level of the primary annual fine particulate matter standard from 15 mg/m3 to 12 mg/ m3, consistent with the federal PM2.5 4 Oregon’s December 27, 2013 and October 20, 2015 submissions included revisions to OAR 340– 200–0020, OAR 340–200–0040, OAR 340–202– 0060, OAR 340–202–0070, OAR 340–202–0130, OAR 340–250–0030(22). Oregon’s April 22, 2015, submission superseded all but OAR 340–200–0060 and OAR 340–200–0030(22) (October 11, 2017; 82 FR 47122). PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 8027 NAAQS promulgated on December 14, 2012 at 40 CFR 50.18 (January 15, 2013, 78 FR 3086). Oregon also revised OAR 340–200–0030(22) NAAQS to include PM2.5 in the definition of NAAQS pollutants. We propose to approve these rule changes related to PM2.5 because they are consistent with the federal PM2.5 NAAQS. As part of this action we are also proposing to approve a SIP revision submitted by Oregon on July 18, 2017. The July 18, 2017, submission updated Oregon rules to account for changes to the federal ozone standard. Specifically, Oregon revised OAR 340–202–0090 Ozone to lower the level of the 8-hour ozone standard from 0.075 ppm to 0.070 ppm, consistent with the federal ozone NAAQS promulgated on October 1, 2015 at 40 CFR 50.19 (October 26, 2015; 80 FR 65292). We note that this update to the ozone standard in the Oregon SIP is not relevant to our infrastructure action on the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS, and is only being included in this action for efficiency. We propose to approve this rule update for the revised ozone standard because it is consistent with the federal ozone standard. With respect to each of the submissions, we are taking no action on OAR 340–200–0040 State of Oregon Clean Air Act Implementation Plan because we have determined it is inappropriate to take action on a provision addressing state SIP adoption procedures, and because the relevant SIP provisions adopted into this rule at OAR 340–200–0040 have been separately submitted for approval, namely, the 2010 NO2, 2010 SO2, and 2012 PM2.5 infrastructure submissions and the specific rule revisions described above. VI. Proposed Action The EPA is proposing to approve Oregon’s December 27, 2013 and October 20, 2015, SIP submissions as meeting specific infrastructure requirements of the CAA. We propose to find that the Oregon SIP meets the following CAA section 110(a)(2) infrastructure elements for the 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). We are proposing to approve, and incorporate by reference at 40 CFR part 52, subpart MM, the following rule sections submitted October 20, 2015 (state effective October 16, 2015): OAR 340–202–0060 Suspended Particulate Matter; and OAR 340–250–0030(22) NAAQS. We are also proposing to approve, and incorporate by reference at 40 CFR part 52, subpart MM, the E:\FR\FM\23FEP1.SGM 23FEP1 8028 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules following rule section submitted July 18, 2017 (state effective July 13, 2017): OAR 340–202–0090 Ozone. We note that this update to OAR 340–202–0090 is not related to, nor is it necessary for our infrastructure action. We are including it in this action for efficiency. daltland on DSKBBV9HB2PROD with PROPOSALS VII. Incorporation by Reference In this rule, we are proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, we are proposing to incorporate by reference the provisions described above in Section VI. Proposed Action. The EPA has made, and will continue to make, these documents generally available electronically through https:// www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VIII. Statutory and Executive Orders Review 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 proposed 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 proposed 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 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); VerDate Sep<11>2014 17:44 Feb 22, 2018 Jkt 244001 • 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 it 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). In addition, 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 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: February 8, 2018. Chris Hladick, Regional Administrator, Region 10. [FR Doc. 2018–03675 Filed 2–22–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 300 and 679 [Docket No. 170626590–8143–01] RIN 0648–BG94 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Halibut and Sablefish Individual Fishing Quota Program; Community Development Quota Program; Modifications to Recordkeeping and Reporting Requirements National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. NMFS issues a proposed rule that would modify regulations governing the Halibut and Sablefish Individual Fishing Quota (IFQ) Program. This proposed rule includes three actions. The first action would allow Western Alaska Community Development Quota (CDQ) groups to lease (to receive by transfer) halibut individual fishing quota (IFQ) in IFQ regulatory areas 4B, 4C, and 4D in years of extremely low halibut commercial catch limits. This proposed action is necessary to provide additional harvest opportunities to CDQ groups and community residents, and provide IFQ holders with the opportunity to receive value for their IFQ when the halibut commercial catch limits may not be large enough to provide for an economically viable fishery for IFQ holders. The second action would remove an obsolete reference in the IFQ Program regulations. The third action would clarify IFQ vessel use cap regulations. This proposed rule is intended to promote the goals and objectives of the Northern Pacific Halibut Act of 1982, the MagnusonStevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, and other applicable laws. DATES: Submit comments on or before March 26, 2018. ADDRESSES: You may submit comments, identified by NOAA–NMFS–2017–0072, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal eRulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20170072, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802–1668. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying SUMMARY: E:\FR\FM\23FEP1.SGM 23FEP1

Agencies

[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Proposed Rules]
[Pages 8021-8028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03675]



[[Page 8021]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0056; FRL-9974-79-Region 10]


Air Plan Approval; OR: Infrastructure Requirements for the 2010 
Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine Particulate Matter 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Whenever a new or revised National Ambient Air Quality 
Standard (NAAQS) is promulgated, the Clean Air Act (CAA) requires 
states to submit a plan for the implementation, maintenance, and 
enforcement of the standard, commonly referred to as infrastructure 
requirements. The Environmental Protection Agency (EPA) is proposing to 
approve the Oregon State Implementation Plan (SIP) as meeting 
infrastructure requirements for the 2010 nitrogen dioxide 
(NO2), 2010 sulfur dioxide (SO2), and 2012 fine 
particulate matter (PM2.5) NAAQS. The EPA is also proposing 
to approve, and incorporate by reference, rule changes made by the 
state to implement the PM2.5 NAAQS, relevant to this 
infrastructure action, and also the ozone NAAQS, which is unrelated to 
this action, but included for efficiency.

DATES: Comments must be received on or before March 26, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2016-0056, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information the disclosure of which is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kristin Hall, Air Planning Unit, 
Office of Air and Waste (OAW-150), Environmental Protection Agency--
Region 10, 1200 Sixth Ave., Seattle, WA 98101; telephone number: (206) 
553-6357; email address: [email protected].

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
II. Infrastructure Elements
III. EPA Approach to Review of Infrastructure SIP Submissions
IV. EPA Infrastructure Evaluation
V. Rule Revisions
VI. Proposed Action
VII. Incorporation by Reference
VIII. Statutory and Executive Orders Review

I. Background

    On January 22, 2010, the EPA established a primary NO2 
NAAQS at 100 parts per billion (ppb), averaged over one hour, 
supplementing the existing annual standard (75 FR 6474). Later that 
year, on June 2, 2010, the EPA promulgated a revised primary 
SO2 NAAQS at 75 ppb, based on a three-year average of the 
annual 99th percentile of one-hour daily maximum concentrations (75 FR 
35520). More recently, on December 14, 2012, the EPA lowered the level 
of the primary annual PM2.5 NAAQS to 12 [mu]g/m\3\ and 
retained the remaining particulate matter standards (January 15 2013, 
78 FR 3086). Whenever a new or revised standard is promulgated, the CAA 
requires states to submit a plan for the implementation, maintenance, 
and enforcement of the standard, commonly referred to as infrastructure 
requirements. On September 13, 2013, the EPA issued guidance to help 
states address these infrastructure requirements (2013 Guidance).\1\ As 
noted in the 2013 Guidance, to the extent an existing SIP already meets 
the CAA section 110(a)(2) requirements, states may certify that fact in 
their submission to the EPA.
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    \1\ Stephen D. Page, Director, Office of Air Quality Planning 
and Standards. ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2).'' Memorandum to EPA Air Division Directors, Regions 1-10, 
September 13, 2013.
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    On December 27, 2013, Oregon made an infrastructure SIP submission 
for the 2010 NO2 and 2010 SO2 NAAQS.\2\ Later, on 
October 20, 2015, Oregon made an infrastructure SIP submission for the 
2012 PM2.5 NAAQS.\3\ Included in these submissions were 
specific rule revisions made to implement the revised standards in 
Oregon. For a detailed discussion of the submitted rule changes, please 
see Section V. below.
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    \2\ The December 27, 2013, submission also addressed 
infrastructure requirements for the 2008 lead (Pb) NAAQS. We 
approved the Pb-related portion of the submission on June 24, 2014, 
therefore, this action does not address the 2008 Pb NAAQS (79 FR 
35693).
    \3\ The October 20, 2015, submission also addressed the 
interstate transport requirements at CAA section 110(a)(2)(D) for 
the 2010 NO2, 2010 SO2, and 2012 
PM2.5 NAAQS. However, this action only addresses a 
portion of the interstate transport requirements, specifically CAA 
sections 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii). We intend to 
address the remainder, CAA section 110(a)(2)(D)(i)(I), in a 
separate, future action. See section 110(a)(2)(D) below.
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    As part of this action we are also addressing a SIP revision 
submitted by Oregon on July 18, 2017. The July 18, 2017, submission 
updated an Oregon rule to account for a change to the federal ozone 
standard. We note that this update to the ozone standard in the Oregon 
SIP is not relevant to our infrastructure action on the 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS, 
and is only being included in this action for efficiency. For a 
detailed discussion of this rule change, please see Section V. below.

II. Infrastructure Elements

    CAA section 110(a)(1) provides the procedural and timing 
requirements for SIP submissions after a new or revised NAAQS is 
promulgated. CAA section 110(a)(2) lists specific elements that states 
must meet for infrastructure SIP requirements related to a newly 
established or revised NAAQS. The requirements, with corresponding CAA 
subsections, are listed below:
     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control measures.
     110(a)(2)(D): Interstate transport.
     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the 
applicable requirements of part D.
     110(a)(2)(J): Consultation with government officials; 
public notification; and Prevention of Significant Deterioration (PSD) 
and visibility protection.
     110(a)(2)(K): Air quality modeling/data.

[[Page 8022]]

     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.
    The EPA's 2013 Guidance restated our interpretation that two 
elements are not governed by the three-year submission deadline in CAA 
section 110(a)(1) because SIPs incorporating necessary local 
nonattainment area controls are due on separate schedules, pursuant to 
CAA section 172 and the various pollutant-specific subparts 2 through 5 
of part D. These are submissions required by: (i) CAA section 
110(a)(2)(C), to the extent that subsection refers to a permit program 
as required in part D, title I of the CAA, and (ii) CAA section 
110(a)(2)(I). As a result, this action does not address CAA section 
110(a)(2)(C) with respect to nonattainment new source review (NSR) or 
CAA section 110(a)(2)(I). The EPA has also determined that the CAA 
section 110(a)(2)(J) provision on visibility is not triggered by a new 
NAAQS because the visibility requirements in part C, title I of the CAA 
are not changed by a new NAAQS.

III. EPA Approach To Review of Infrastructure SIP Submissions

    We are proposing to approve Oregon's December 23, 2013, and October 
20, 2015, submissions for certain infrastructure requirements. Our most 
recent action on an Oregon infrastructure submission was published on 
June 24, 2014 (79 FR 35693). In the preamble of the proposal for that 
action, we published a discussion of the EPA's overall approach to 
review of these types of submissions. Please see our April 17, 2014, 
proposed rule for this discussion (79 FR 21679, at page 21680).

IV. EPA Infrastructure Evaluation

110(a)(2)(A): Emission Limits and Other Control Measures

    CAA section 110(a)(2)(A) requires SIPs to include enforceable 
emission limits and other control measures, means or techniques 
(including economic incentives such as fees, marketable permits, and 
auctions of emissions rights), as well as schedules and timetables for 
compliance, as may be necessary or appropriate to meet the applicable 
requirements of the CAA.
    State submissions: Oregon's submissions cite multiple Oregon air 
quality laws and SIP-approved regulations to address this element for 
the 2010 NO2, 2010 SO2, and 2012 PM2.5 
NAAQS. Oregon Revised Statutes (ORS) 468A.035 General Comprehensive 
Plan provides authority to the Oregon Department of Environmental 
Quality (ODEQ) to develop a general comprehensive plan for the control 
or abatement of air pollution. ORS 468.020 Rules and Standards gives 
the Oregon Environmental Quality Commission (EQC) authority to adopt 
rules and standards to perform functions vested by law. ORS 468A.025 
Air Purity Standards provides the EQC with authority to set air quality 
standards, emission standards, and emission treatment and control 
provisions. ORS 468A.040 Permits; Rules provides that the EQC may 
require permits for specific sources, type of air contaminant or 
specific areas of the state. The Oregon submissions also cite these 
other laws and regulations:

 ORS 468A.045 Activities Prohibited without Permit; Limit on 
Activities with Permit
 ORS 468A.050 Classification of Air Contamination Sources; 
Registration and Reporting; Registration and Reporting of Sources; 
Rules; Fees
 ORS 468A.055 Notice Prior to Construction of New Sources; 
Order Authorizing or Prohibiting Construction; Effect of No Order; 
Appeal
 ORS 468A.070 Measurement and Testing of Contamination Sources; 
Rules
 ORS 468A.310 Federal Operating Permit Program Approval; Rules; 
Content of Plan
 ORS 468A.315 Emission Fees for Major Sources; Base Fees; Basis 
of Fees; Rules
 ORS 468A.350-455 Motor Vehicle Pollution Control
 ORS 468A.460-520 Woodstove Emissions Control
 ORS 468A.550-620 Field Burning and Propane Flaming
 ORS 468A.990 Penalties for Air Pollution Offenses
 OAR 340-200 General Air Pollution Procedures and Definitions
 OAR 340-202 Ambient Air Quality Standards and PSD Increments
 OAR 340-204 Designation of Air Quality Areas
 OAR 340-208 Visible Emissions
 OAR 340-216 Air Contaminant Discharge Permits
 OAR 340-222 Stationary Source Plant Site Emission Limits
 OAR 340-224 New Source Review
 OAR 340-225 Air Quality Analysis Requirements
 OAR 340-226 General Emission Standards
 OAR 340-228 Requirements for Fuel Burning Equipment and Fuel 
Sulfur Content
 OAR 340-232 Emission Standards for VOC Point Sources
 OAR 340-234 Emission Standards for Wood Products Industries: 
Emission Limitations
 OAR 340-236 Emission Standards for Specific Industries: 
Emission Limits
 OAR 340-240 Rules for Areas with Unique Air Quality Needs
 OAR 340-242 Rules Applicable to the Portland Area
 OAR 340-250 General Conformity
 OAR 340-252 Transportation Conformity
 OAR 340-256 Motor Vehicles
 OAR 340-258 Motor Vehicle Fuel Specifications
 OAR 340-262 Residential Woodheating
 OAR 340-266 Field Burning Rules
 OAR 340-268 Emission Reduction Credits

    EPA analysis: Oregon regulates emissions of NO2, 
SO2, and PM2.5 (and nitrogen oxides 
(NOX) and sulfur dioxide (SO2) as precursors to 
PM2.5) through its SIP-approved new source review (NSR) 
permitting program, in addition to provisions described below. We 
recently approved updates to the Oregon ambient air quality standards 
in Division 202 to account for the 2010 NO2 and 2010 
SO2 NAAQS (82 FR 47122, October 10, 2017). In this action, 
we are proposing to approve further updates to Division 202 for the 
2012 PM2.5 NAAQS, at OAR 340-202-0060. For a detailed 
discussion of the update to Division 202, see Section V. below.
    Oregon has no areas designated nonattainment for the 2010 
NO2 and 2012 PM2.5 NAAQS, and the EPA is still in 
the process of completing designations for the 2010 SO2 
NAAQS. We note, however, that the EPA does not consider SIP 
requirements triggered by the nonattainment area mandates in part D, 
title I of the CAA to be governed by the submission deadline of CAA 
section 110(a)(1). Regulations and other control measures for purposes 
of attainment planning under part D, title I of the CAA are due on a 
different schedule than infrastructure SIPs.
    Oregon's SIP-approved NSR program is administered through Division 
216 Air Contaminant Discharge Permits. The EPA most recently approved 
revisions to Oregon's NSR program as meeting federal requirements on 
October 10, 2017 (82 FR 47122). The program regulates new and modified 
stationary sources of NO2, SO2, direct 
PM2.5, and nitrogen oxides (NOX) and sulfur 
dioxide (SO2) as precursors to PM2.5.
    In addition to permitting provisions, Oregon's SIP contains 
numerous rules that limit NOX, SO2, and 
particulate matter emissions. These rules (listed

[[Page 8023]]

above) include visible emissions standards, particulate emissions 
standards, requirements for fuel burning equipment and fuel sulfur 
content, grain loading standards, refuse burning limitations, emission 
limits for wood products industries and other industries, residential 
wood heating restrictions, field burning rules, and motor vehicle 
pollution controls. As a result, we are proposing to approve the Oregon 
SIP as meeting the requirements of CAA section 110(a)(2)(A) for the 
2010 NO2, 2010 SO2, and 2012 PM2.5 
NAAQS.

110(a)(2)(B): Ambient Air Quality Monitoring/Data System

    CAA section 110(a)(2)(B) requires SIPs to include provisions to 
provide for establishment and operation of ambient air quality 
monitors, collecting and analyzing ambient air quality data, and making 
these data available to the EPA upon request.
    State submissions: The Oregon submissions reference ORS 468.035(a-
e, m) Functions of the Department which provides authority to conduct 
and supervise inquiries and programs to assess and communicate air 
conditions and to obtain necessary resources (assistance, materials, 
supplies, etc.) to meet these responsibilities. The submissions also 
reference Division 212 Stationary Source Testing and Monitoring 
regulations.
    EPA analysis: A comprehensive air quality monitoring plan, intended 
to meet federal requirements, was originally submitted by Oregon on 
December 27, 1979 (40 CFR 52.1970) and approved by the EPA on March 4, 
1981 (46 FR 15136). The plan includes statutory and regulatory 
authority to establish and operate an air quality monitoring network, 
including NO2, SO2, and PM2.5 
monitoring. Oregon's SIP-approved regulations at Division 212 govern 
stationary source testing and monitoring in accordance with federal 
reference methods. Every five years, Oregon assesses the adequacy of 
the state monitoring network and submits that assessment to the EPA for 
review. In practice, Oregon operates a comprehensive monitoring 
network, including NO2, SO2, and PM2.5 
monitoring, compiles and analyzes collected data, and submits the data 
to the EPA's Air Quality System on a quarterly basis. Therefore, we are 
proposing to approve the Oregon SIP as meeting the requirements of CAA 
section 110(a)(2)(B) for the 2010 NO2, 2010 SO2, 
and 2012 PM2.5 NAAQS.

110(a)(2)(C): Program for Enforcement of Control Measures

    CAA section 110(a)(2)(C) requires states to include a program 
providing for enforcement of all SIP measures and the regulation of 
construction of new or modified stationary sources, including a program 
to meet PSD and nonattainment NSR requirements.
    State submissions: The Oregon submissions refer to ORS 468.090-140 
Enforcement which provides the ODEQ with authority to investigate 
complaints, investigate and inspect sources for compliance, access 
records, commence enforcement procedures, and impose civil penalties. 
In addition, ORS 468.035 Functions of the Department, paragraphs (j) 
and (k), provide the ODEQ with authority to enforce Oregon air 
pollution laws and compel compliance with any rule, standard, order, 
permit or condition. The submissions also cite:

 ORS 468.020 Rules and Standards
 ORS 468.065 Issuance of Permits; Consent; Fees; Use
 ORS 468.070 Denial, Modification, Suspension or Revocation of 
Permits
 ORS 468.920-963 Environmental Crimes
 ORS 468.996-997 Civil Penalties
 ORS 468A.025 Air Purity Standards; Air Quality Standards; 
Treatment and Control of Emissions; Rules
 ORS 468A.035 General Comprehensive Plan
 ORS 468A.040 Permits; Rules
 ORS 468A.045 Activities Prohibited without Permit; Limit on 
Activities with Permit
 ORS 468A.050 Classification of Air Contamination Sources; 
Registration and Reporting; Registration and Reporting of Sources; 
Rules; Fees
 ORS 468A.055 Notice Prior to Construction of New Sources; 
Order Authorizing or Prohibiting Construction; Effect of No Order; 
Appeal
 ORS 468A.070 Measurement and Testing of Contamination Sources; 
Rules
 ORS 468A.310 Federal Operating Permit Program Approval; Rules; 
Content of Plan
 ORS 468A.990 Penalties for Air Pollution Offenses
 OAR 340-012 Enforcement Procedure and Civil Penalties
 OAR 340-202 Ambient Air Quality Standards and PSD Increments
 OAR 340-210 Stationary Source Notification Requirements
 OAR 340-214 Stationary Source Reporting Requirements
 OAR 340-216 Air Contaminant Discharge Permits (ADCP)
 OAR 340-224 New Source Review

    EPA analysis: The EPA is proposing to find that Oregon code 
provisions provide the ODEQ with authority applicable to the 2010 
NO2, 2010 SO2, and 2012 PM2.5 
standards to enforce the air quality laws, regulations, permits, and 
orders promulgated pursuant to ORS Chapters 468 and 468A. The ODEQ 
staffs and maintains an enforcement program to ensure compliance with 
SIP requirements. The ODEQ Director, at the direction of the Governor, 
may enter a cease and desist order for polluting activities that 
present an imminent and substantial danger to public health (ORS 
468.115). Enforcement cases may be referred to the state Attorney 
General's office for civil or criminal enforcement.
    To generally meet the requirements of CAA section 110(a)(2)(C) for 
regulation of construction of new or modified stationary sources, a 
state is required to have PSD, nonattainment NSR, and minor NSR 
permitting programs adequate to implement the 2010 NO2, 2010 
SO2, and 2012 PM2.5 NAAQS. As explained above, we 
are not in this action evaluating nonattainment-related provisions, 
including the nonattainment NSR program required by part D, title I of 
the CAA.
    Oregon's federally enforceable state operating permit program, at 
Division 216 Air Contaminant Discharge Permits, is also the 
administrative permit mechanism used to implement the SIP-approved NSR 
program. We most recently approved revisions to the NSR program 
(Divisions 200, 202, 209, 212, 216, 222, 224, 225, and 268) as meeting 
federal requirements at 40 CFR 51.160 through 164 (minor NSR) and 40 
CFR 51.166 (PSD) on October 10, 2017 (82 FR 47122). The Oregon minor 
NSR and PSD rules meet current requirements for all regulated NSR 
pollutants. Therefore, we are proposing to approve the Oregon SIP as 
meeting the requirements of CAA section 110(a)(2)(C) for the 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.

110(a)(2)(D): Interstate Transport

    CAA section 110(a)(2)(D)(i) addresses four separate elements, or 
``prongs.'' CAA section 110(a)(2)(D)(i)(I) requires state SIPs to 
contain adequate provisions prohibiting emissions which will contribute 
significantly to nonattainment of the NAAQS in any other state (prong 
1), and adequate provisions prohibiting emissions which will interfere 
with maintenance of the NAAQS by any other state (prong 2). CAA section 
110(a)(2)(D)(i)(II) requires state SIPs to contain adequate provisions 
prohibiting emissions which will interfere with any other state's 
required measures to prevent significant

[[Page 8024]]

deterioration (PSD) of its air quality (prong 3), and adequate 
provisions prohibiting emissions which will interfere with any other 
state's required measures to protect visibility (prong 4).
    CAA section 110(a)(2)(D)(ii) states SIPs must include provisions 
ensuring compliance with the applicable requirements of CAA sections 
126 and 115 (relating to interstate and international pollution 
abatement). CAA section 126 requires notification to neighboring states 
of potential impacts from a new or modified major stationary source, 
and specifies how a state may petition the EPA when a major source or 
group of stationary sources in a state is thought to contribute to 
certain pollution problems in another state. CAA section 115 governs 
the process for addressing air pollutants emitted in the United States 
that cause or contribute to air pollution that may reasonably be 
anticipated to endanger public health or welfare in a foreign country.
    State submissions: The Oregon submissions address all interstate 
transport requirements of the CAA, however, we intend to address 
certain of these requirements in a separate, future action, 
specifically, CAA section 110(a)(2)(D)(i)(I) prongs 1 and 2. This 
proposed action addresses the remainder: 110(a)(2)(D)(i)(II) prongs 3 
and 4, and 110(a)(2)(D)(ii). To meet these provisions, the Oregon 
submissions reference the state's SIP-approved NSR program and the 
state's SIP-approved regional haze plan. The Oregon submissions also 
reference Division 209 Public Participation, approved as part of the 
Oregon NSR program, and assert that Oregon regulations are consistent 
with federal requirements in Appendix N of 40 CFR part 50 pertaining to 
the notification of interstate pollution abatement.
    EPA analysis: The EPA believes that the PSD sub-element of CAA 
section 110(a)(2)(D)(i)(II) (prong 3) is satisfied where major new and 
modified stationary sources in attainment and unclassifiable areas are 
subject to a SIP-approved PSD program. The EPA most recently approved 
revisions to Oregon's NSR program as meeting federal PSD requirements 
on October 11, 2017 (82 FR 47122). Therefore, we are proposing to 
approve the Oregon SIP as meeting CAA section 110(a)(2)(D)(i)(II) prong 
3 with respect to PSD for the 2010 NO2, 2010 SO2, 
and 2012 PM2.5 NAAQS.
    The EPA believes, as noted in the 2013 Guidance, where a state's 
regional haze plan has been approved as meeting all current 
obligations, a state may rely upon those provisions in support of its 
demonstration that it satisfies CAA section 110(a)(2)(D)(i)(II) as it 
relates to visibility (prong 4). On July 5, 2011, the EPA approved 
portions of the Oregon regional haze plan, including the requirements 
for best available retrofit technology (76 FR 38997). We approved the 
remaining elements of the Oregon regional haze plan on August 22, 2012 
(77 FR 50611). Because we approved the Oregon plan as meeting regional 
haze requirements, we are proposing to approve the Oregon SIP as 
meeting CAA section 110(a)(2)(D)(i)(II) prong 4 visibility requirements 
with respect to the 2010 NO2, 2010 SO2, and 2012 
PM2.5 NAAQS.
    The Division 209 public notice provisions in Oregon's SIP-approved 
NSR program require that for major NSR permit actions, Oregon must 
provide notice to neighboring states, among other officials and 
agencies. This notice requirement is consistent with CAA section 
126(a). In addition, Oregon has no pending obligations under section 
115 or 126(b) of the CAA. Therefore, we are proposing to approve the 
Oregon SIP as meeting the requirements of CAA section 110(a)(2)(D)(ii) 
for the 2010 NO2, 2010 SO2, and 2012 
PM2.5 NAAQS.

110(a)(2)(E): Adequate Resources

    CAA section 110(a)(2)(E) requires states to provide (i) necessary 
assurances that the state will have adequate personnel, funding, and 
authority under state law to carry out the SIP (and is not prohibited 
by any provision of federal or state law from carrying out the SIP or 
portion thereof), (ii) requirements that the state comply with the 
state board provisions under CAA section 128 and (iii) necessary 
assurances that, where the state has relied on a local or regional 
government, agency, or instrumentality for the implementation of any 
SIP provision, the state has responsibility for ensuring adequate 
implementation of such SIP provision.
    State submissions: With respect to sub-element (E)(i), the Oregon 
submissions cite ORS 468.035 Functions of Department which provides the 
ODEQ authority to employ personnel, purchase supplies, enter into 
contracts, and to receive, appropriate, and expend federal and other 
funds for purposes of air pollution research and control. In addition, 
ORS 468.045 Functions of Director; Delegation provides the ODEQ 
Director with authority to hire, assign, reassign, and coordinate 
personnel of the department and to administer and enforce the laws of 
the state concerning environmental quality. In addition, the submission 
cites the CAA section 105 grants received from the EPA and matched 
through the Oregon General Fund.
    Turning to sub-element (E)(ii), the submissions cite OAR 340-200-
0100 Purpose, OAR 340-200-0110 Public Interest Representation, and OAR 
340-200-0120 Disclosure of Potential Conflicts of Interest. The 
submissions state that the EPA approved the listed regulatory 
provisions as meeting the requirements of CAA section 128 on January 
22, 2003 (68 FR 2891).
    With respect to sub-element (E)(iii), the submissions cite ORS 
468.020 Rules and Standards which requires a public hearing on any 
proposed rule or standard prior to adoption. ORS 468.035(c) Functions 
of Department provides the ODEQ authority to advise, consult, and 
cooperate with other states, state and federal agencies, or political 
subdivisions on all air quality control matters. ORS 468A.010 Policy 
calls for a coordinated statewide program of air quality control with 
responsibility allocated between the state and the units of local 
government. ORS 468A.100-180 Regional Air Quality Control Authorities 
describes the establishment, role and function of regional air quality 
control authorities. State regulations Division 200 specify LRAPA has 
authority in Lane County and defines the term Regional Agency. Division 
204 includes designation of control areas within Lane County. Division 
216 Air Contaminant Discharge Permits includes permitting authority for 
LRAPA.
    EPA analysis: We are proposing to find that the above-referenced 
provisions provide Oregon with adequate authority to carry out SIP 
obligations with respect to the 2010 NO2, 2010 
SO2, and 2012 PM2.5 NAAQS as required by CAA 
section 110(a)(2)(E)(i). We are also proposing to approve the Oregon 
SIP as meeting CAA section 110(a)(2)(E)(ii) because we previously 
approved the SIP for purposes of CAA section 128. On January 22, 2003, 
we approved OAR 340-200-0100 through OAR 340-200-0120 as meeting CAA 
section 128 (68 FR 2891). In addition, we previously approved LRAPA 
Title 12, Section 025 (recodified at LRAPA Title 13, section 025) as 
meeting CAA section 128 on March 1, 1989 (54 FR 8538).
    We are proposing to find that Oregon has provided necessary 
assurances that, where the state has relied on a local or regional 
government, agency, or instrumentality for the implementation of any 
SIP provision, the state has responsibility for ensuring adequate 
implementation of the SIP as required by CAA section 110(a)(2)(E)(iii). 
Therefore, we are proposing to approve the Oregon SIP as meeting the 
requirements of CAA sections

[[Page 8025]]

110(a)(2)(E) for the 2010 NO2, 2010 SO2, and 2012 
PM2.5 NAAQS.

110(a)(2)(F): Stationary Source Monitoring System

    CAA section 110(a)(2)(F) requires (i) the installation, 
maintenance, and replacement of equipment, and the implementation of 
other necessary steps, by owners or operators of stationary sources to 
monitor emissions from such sources, (ii) periodic reports on the 
nature and amounts of emissions and emissions-related data from such 
sources, and (iii) correlation of such reports by the state agency with 
any emission limitations or standards established pursuant to the CAA, 
which reports shall be available at reasonable times for public 
inspection.
    State submissions: The Oregon submissions refer to the following 
statutory and regulatory provisions for source emissions monitoring, 
reporting, and correlation with emission limits or standards:

 ORS 468.020 Rules and Standards
 ORS 468.035 Functions of Department paragraphs (b) and (d)
 ORS 468A.025(4) Air Purity Standards; Air Quality Standards; 
Treatment and Control of Emissions; Rules
 ORS 468A.070 Measurement and Testing of Contamination Sources; 
Rules
 OAR 340-212 Stationary Source Testing and Monitoring
 OAR 340-214 Stationary Source Reporting Requirements
 OAR 340-222 Stationary Source Plant Site Emission Limits
 OAR 340-225 Air Quality Analysis Requirements
 OAR 340-234 Emission Standards for Wood Products Industries: 
Monitoring and Reporting
 OAR 340-236 Emission Standards for Specific Industries: 
Emissions Monitoring and Reporting
 OAR 340-240 Rules for Areas with Unique Air Quality Needs
 OAR 340-250 General Conformity

    EPA analysis: The Oregon statutory provisions listed above provide 
authority to establish a program for measurement and testing of 
sources, including requirements for sampling and testing with respect 
to the 2010 NO2, 2010 SO2, and 2012 
PM2.5 NAAQS. The Oregon regulations cited above require 
facilities to monitor and report emissions, including requirements for 
monitoring methods and design, and monitoring and quality improvement 
plans. Oregon's stationary source reporting requirements include 
maintaining written records to demonstrate compliance with emission 
rules, limitations, or control measures, and requirements for reporting 
and recordkeeping. Information is made available to the public through 
public processes outlined at OAR 340-209 Public Participation.
    Oregon submits emissions data to the EPA for purposes of the 
National Emissions Inventory (NEI). The NEI is the EPA's central 
repository for air emissions data. Oregon submits a comprehensive 
emissions inventory every three years and reports emissions for certain 
larger sources annually through the EPA's online Emissions Inventory 
System. Oregon reports emissions data for the six criteria pollutants 
and also voluntarily reports emissions of hazardous air pollutants. The 
EPA compiles the emissions data, supplementing it where necessary, and 
releases it to the general public through the website https://www.epa.gov/air-emissions-inventories.
    Based on the analysis above, we are proposing to approve the Oregon 
SIP as meeting the requirements of CAA section 110(a)(2)(F) for the 
2010 NO2, 2010 SO2, and 2012 PM2.5 
NAAQS.

110(a)(2)(G): Emergency Episodes

    CAA section 110(a)(2)(G) requires states to provide for authority 
to address activities causing imminent and substantial endangerment to 
public health, including adequate contingency plans to implement the 
emergency episode provisions in their SIPs.
    State submissions: The Oregon submissions cite ORS 468-115 
Enforcement in Cases of Emergency which authorizes the ODEQ Director, 
at the direction of the Governor, to enter a cease and desist order for 
polluting activities that present an imminent and substantial danger to 
public health. In addition, OAR 340-206 Air Pollution Emergencies 
authorizes the ODEQ Director to declare an air pollution alert or 
warning, or to issue an advisory to notify the public. OAR 340-214 
Stationary Source Reporting Requirements governs reporting of 
emergencies and excess emissions and reporting requirements.
    EPA analysis: Section 303 of the CAA provides authority to the EPA 
Administrator to restrain any source from causing or contribution to 
emissions which present an ``imminent and substantial endangerment to 
public health or welfare, or the environment.'' We find that ORS 468-
115 Enforcement in Cases of Emergency provides emergency order 
authority comparable to CAA section 303.
    We recently approved revisions to the Oregon air pollution 
emergency rules at OAR 340-206 Air Pollution Emergencies on October 11, 
2017 (82 FR 47122). Oregon's rules are consistent with federal 
emergency episode requirements for NO2, SO2, and 
PM2.5 (prevention of air pollution emergency episodes, 40 
CFR part 51 subpart H; sections 51.150 through 51.153). Accordingly, we 
are proposing to approve the Oregon SIP as meeting the requirements of 
CAA section 110(a)(2)(G) for the 2010 NO2, 2010 
SO2, and 2012 PM2.5 NAAQS.

110(a)(2)(H): Future SIP Revisions

    CAA section 110(a)(2)(H) requires that SIPs provide for revision of 
a state plan (i) from time to time as may be necessary to take account 
of revisions of a national primary or secondary ambient air quality 
standard or the availability of improved or more expeditious methods of 
attaining the standard, and (ii), except as provided in paragraph 
110(a)(3)(C), whenever the Administrator finds that the SIP is 
substantially inadequate to attain the NAAQS which it implements or to 
otherwise comply with any additional requirements under the CAA.
    State submissions: The Oregon submissions refer to ORS 468.020 
Rules and Standards which requires public notice on any proposed rule 
or standard prior to adoption, and ORS 468A.035 ``General Comprehensive 
Plan'' which requires the ODEQ to develop a general comprehensive plan 
for the control or abatement of air pollution. The submissions also 
refer to OAR 340-200-0040 State of Oregon Clean Air Act Implementation 
Plan which provides for revisions to the Oregon SIP and submission of 
revisions to the EPA, including standards submitted by a regional 
authority and adopted verbatim into state rules.
    EPA analysis: As cited above, the Oregon SIP provides for 
revisions, and in practice, Oregon regularly submits SIP revisions to 
the EPA. On October 11, 2017, the EPA approved a large number of 
revisions to the Oregon SIP (82 FR 47122). Other recent EPA actions on 
revisions to the Oregon SIP include but are not limited to: April 13, 
2016 (81 FR 21814), October 23, 2015 (80 FR 64346), April 25, 2013 (78 
FR 24347), October 4, 2012 (77 FR 60627), and November 27, 2011 (76 FR 
80747). Accordingly, we are proposing to approve the Oregon SIP as 
meeting the requirements of CAA section 110(a)(2)(H) for the 2010 
NO2, 2010 SO2, 2012 PM2.5 NAAQS.

110(a)(2)(I): Nonattainment Area Plan Revision Under Part D

    There are two elements identified in CAA section 110(a)(2) not 
governed by the three-year submission deadline of CAA section 110(a)(1) 
because SIPs

[[Page 8026]]

incorporating necessary local nonattainment area controls are due on 
nonattainment area plan schedules pursuant to section 172 and the 
various pollutant-specific subparts 2 through 5 of part D. These are 
submissions required by: (i) CAA section 110(a)(2)(C) to the extent 
that subsection refers to a permit program as required in part D, title 
I of the CAA, and (ii) section 110(a)(2)(I) which pertain to the 
nonattainment planning requirements of part D, title I of the CAA. As a 
result, this action does not address CAA section 110(a)(2)(C) with 
respect to nonattainment NSR or CAA section 110(a)(2)(I).

110(a)(2)(J): Consultation With Government Officials

    CAA section 110(a)(2)(J) requires states to provide a process for 
consultation with local governments and federal land managers carrying 
out NAAQS implementation requirements pursuant to CAA section 121. CAA 
section 110(a)(2)(J) further requires states to notify the public if 
NAAQS are exceeded in an area and to enhance public awareness of 
measures that can be taken to prevent exceedances. Lastly, CAA section 
110(a)(2)(J) requires states to meet applicable requirements of part C, 
title I of the CAA related to prevention of significant deterioration 
and visibility protection.
    State submissions: The Oregon submissions reference specific laws 
and regulations relating to consultation, public notification, and PSD:

 ORS 468.020 Rules and Standards
 ORS 468.035 Functions of Department paragraphs (a), (c), (f), 
and (g)
 ORS 468A.010 Policy paragraphs (1)(b) and (c)
 ORS 468A.025 Air Purity Standards; Air Quality Standards; 
Treatment and Control of Emissions; Rules
 OAR 340-202 Ambient Air Quality Standards and PSD Increments
 OAR 340-204 Designation of Air Quality Areas
 OAR 340-224 New Source Review
 OAR 340-225 Air Quality Analysis Requirements

    EPA analysis: The Oregon SIP includes specific provisions for 
consulting with local governments and federal land managers as 
specified in CAA section 121, including the Oregon rules for PSD 
permitting. The EPA most recently approved revisions to the Oregon NSR 
program, which provides opportunity and procedures for public comment 
and notice to appropriate federal, state and local agencies, on October 
11, 2017 (82 FR 47122). In addition, we approved the Oregon rules that 
define transportation conformity consultation on October 4, 2012 (77 FR 
60627) and regional haze interagency planning on July 5, 2011 (76 FR 
38997).
    In practice, the ODEQ routinely coordinates with local governments, 
states, federal land managers and other stakeholders on air quality 
issues including transportation conformity and regional haze, and 
provides notice to appropriate agencies related to permitting actions. 
Oregon participates in regional planning processes including the 
Western Regional Air Partnership, which is a voluntary partnership of 
states, tribes, federal land managers, local air agencies and the EPA, 
whose purpose is to understand current and evolving regional air 
quality issues in the West. Based on the provisions above, we are 
proposing to find that the Oregon SIP meets the requirements of CAA 
section 110(a)(2)(J) for consultation with government officials for the 
2010 NO2, 2010 SO2, and 2012 PM2.5 
NAAQS.
    Section 110(a)(2)(J) also requires states to notify the public if 
ambient air quality standards are exceeded in an area. States must 
advise the public of the health hazards associated with air pollution 
and what can be done to prevent exceedances. The EPA calculates an air 
quality index for five major air pollutants regulated by the CAA: 
Ground-level ozone, particulate matter, carbon monoxide, sulfur 
dioxide, and nitrogen dioxide. This air quality index (AQI) provides 
daily information to the public on air quality. Oregon actively 
participates and submits information to the EPA's AIRNOW and 
Enviroflash Air Quality Alert programs which provide information to the 
public on local air quality. Oregon also provides the AQI to the public 
at https://www.deq.state.or.us/aqi/. Therefore, we are proposing to find 
that the Oregon SIP meets the requirements of CAA section 110(a)(2)(J) 
for public notification for the 2010 NO2, 2010 
SO2, 2012 PM2.5 NAAQS.
    Turning to the requirement in CAA section 110(a)(2)(J) that the SIP 
meet the applicable requirements of part C, title I of the CAA, we have 
evaluated this requirement in the context of CAA section 110(a)(2)(C) 
and permitting. The EPA most recently approved revisions to Oregon's 
PSD program on October 11, 2017 (82 FR 47122), updating the program for 
current federal requirements. Therefore, we are proposing to approve 
the Oregon SIP as meeting the requirements of CAA 110(a)(2)(J) with 
respect to PSD for the 2010 NO2, 2010 SO2, and 
2012 PM2.5 NAAQS.
    With respect to visibility protection under element (J), the EPA 
recognizes that states are subject to visibility and regional haze 
program requirements under part C of the CAA. In the event of the 
establishment of a new NAAQS, however, the visibility and regional haze 
program requirements under part C do not change. Thus we find that 
there is no new applicable requirement relating to visibility triggered 
under CAA section 110(a)(2)(J) when a new NAAQS becomes effective.
    Based on the above analysis, we are proposing to approve the Oregon 
SIP as meeting the requirements of CAA section 110(a)(2)(J) for the 
2010 NO2, 2010 SO2, and 2012 PM2.5 
NAAQS.

110(a)(2)(K): Air Quality and Modeling/Data

    CAA section 110(a)(2)(K) requires that SIPs provide for (i) the 
performance of air quality modeling as the Administrator may prescribe 
for the purpose of predicting the effect on ambient air quality of any 
emissions of any air pollutant for which the Administrator has 
established a NAAQS, and (ii) the submission, upon request, of data 
related to such air quality modeling to the Administrator.
    State submissions: The Oregon submissions refer to ORS 468-020 
Rules and Standards which requires public hearing on any proposed rule 
or standard prior to adoption, and ORS 468.035 Functions of Department 
which provides the ODEQ authority to conduct studies and investigations 
to determine air quality. The submissions also reference OAR 340-225 
Air Quality Analysis Requirements which includes modeling requirements 
for analysis and demonstration of compliance with standards and 
increments in specified areas.
    EPA analysis: The EPA previously approved OAR 340-225 Air Quality 
Analysis Requirements on October 11, 2017 (82 FR 47122) and these rules 
specify that modeled estimates of ambient concentrations be based on 40 
CFR part 51, Appendix W (Guidelines on Air Quality Models). Any change 
or substitution from models specified in 40 CFR part 51, Appendix W is 
subject to notice and opportunity for public comment and must receive 
prior written approval from the ODEQ and the EPA. In addition, as an 
example of the state's modeling capacity, we cite to a recent Oregon 
SIP revision, the Klamath Falls PM2.5 attainment plan, that 
was supported by modeling. The EPA approved the SIP revision on June 6, 
2016 (81 FR 36176). Based on the above analysis, we are proposing to 
approve the Oregon SIP as meeting the

[[Page 8027]]

requirements of CAA section 110(a)(2)(K) for the 2010 NO2, 
2010 SO2, and 2012 PM2.5 NAAQS.

110(a)(2)(L): Permitting Fees

    CAA section 110(a)(2)(L) directs SIPs to require each major 
stationary source to pay permitting fees to cover the cost of 
reviewing, approving, implementing and enforcing a permit.
    State submissions: The Oregon submissions refer to ORS 468.065 
Issuance of Permits: Content; Fees; Use which provides the EQC 
authority to establish a schedule of fees for permits based on the 
costs of filing and investigating applications, issuing or denying 
permits, carrying out title V requirements and determining compliance. 
ORS 468A.040 Permits; Rules provides that the EQC may require permits 
for air contamination sources, type of air contaminant, or specific 
areas of the state. The submission also references OAR 340-216 Air 
Contaminant Discharge Permits which requires payment of permit fees 
based on a specified table of sources and fee schedule.
    EPA analysis: On September 28, 1995, the EPA fully-approved 
Oregon's title V operating permit program (60 FR 50106). While Oregon's 
title V program is not formally approved into the SIP, it is a 
mechanism the state can use to ensure that the ODEQ has sufficient 
resources to support the air program, consistent with the requirements 
of the SIP. Before the EPA can grant full approval, a state must 
demonstrate the ability to collect adequate fees. The Oregon title V 
program included a demonstration that fees would be adequate, and that 
the state would collect fees from title V sources above the presumptive 
minimum in accordance with 40 CFR 70.9(b)(2)(i). In addition, we note 
that Oregon SIP-approved regulations require fees for purposes of major 
and minor NSR permitting, as specified in OAR 340-216-0090 Sources 
Subject to ADCP and Fees, OAR 340-216-8010 Table 1--Activities and 
Sources, and OAR 340-216-8020 Table 2--Air Contaminant Discharge 
Permits (fee schedule). Therefore, we are proposing to conclude that 
Oregon has satisfied the requirements of CAA section 110(a)(2)(L) for 
the 2010 NO2, 2010 SO2, and 2012 PM2.5 
NAAQS.

110(a)(2)(M): Consultation/Participation by Affected Local Entities

    CAA section 110(a)(2)(M) requires states to provide for 
consultation and participation in SIP development by local political 
subdivisions affected by the SIP.
    State submissions: The Oregon submissions refer to the following 
laws and regulations:

 ORS 468.020 Rules and Standards
 ORS 468.035 Functions of Department paragraphs (a), (c), (f), 
and (g)
 ORS 468A.010 Policy paragraphs (1)(b) and (c)
 ORS 468A.025 Air Purity Standards; Air Quality Standards; 
Treatment and Control of Emissions; Rules
 ORS 468A.035 General Comprehensive Plan
 ORS 468A.040 Permits; Rules
 ORS 468A.055 Notice Prior to Construction of New Sources; 
Order Authorizing or Prohibiting Construction; Effect of No Order; 
Appeal
 ORS 468A.070 Measurement and Testing of Contamination Sources; 
Rules
 ORS 468A.100-180 Regional Air Quality Control Authorities
 OAR 340-200 General Air Pollution Procedures and Definitions
 OAR 340-204 Designation of Air Quality Areas
 OAR 340-216 Air Contaminant Discharge Permits

    EPA analysis: The regulations cited by Oregon were previously 
approved on December 27, 2011 (76 FR 80747), and provide for 
consultation and participation in SIP development by local political 
subdivisions affected by the SIP. We are proposing to approve the 
Oregon SIP as meeting the requirements of CAA section 110(a)(2)(M) for 
the 2010 NO2, 2010 SO2, and the 2012 
PM2.5 NAAQS.

V. Rule Revisions

    Oregon submitted several rule revisions in the December 27, 2013, 
and October 20, 2015, SIP submissions. However, most of these rule 
revisions were superseded by rule changes submitted on April 22, 2015 
and approved on October 11, 2017 (82 FR 47122).\4\ There are two rule 
changes that are relevant to our proposed infrastructure action and 
that were not superseded by the April 22, 2015, submission. 
Specifically, Oregon revised OAR 340-202-0060 Suspended Particulate 
Matter to lower the level of the primary annual fine particulate matter 
standard from 15 [mu]g/m\3\ to 12 [mu]g/m\3\, consistent with the 
federal PM2.5 NAAQS promulgated on December 14, 2012 at 40 
CFR 50.18 (January 15, 2013, 78 FR 3086). Oregon also revised OAR 340-
200-0030(22) NAAQS to include PM2.5 in the definition of 
NAAQS pollutants. We propose to approve these rule changes related to 
PM2.5 because they are consistent with the federal 
PM2.5 NAAQS.
---------------------------------------------------------------------------

    \4\ Oregon's December 27, 2013 and October 20, 2015 submissions 
included revisions to OAR 340-200-0020, OAR 340-200-0040, OAR 340-
202-0060, OAR 340-202-0070, OAR 340-202-0130, OAR 340-250-0030(22). 
Oregon's April 22, 2015, submission superseded all but OAR 340-200-
0060 and OAR 340-200-0030(22) (October 11, 2017; 82 FR 47122).
---------------------------------------------------------------------------

    As part of this action we are also proposing to approve a SIP 
revision submitted by Oregon on July 18, 2017. The July 18, 2017, 
submission updated Oregon rules to account for changes to the federal 
ozone standard. Specifically, Oregon revised OAR 340-202-0090 Ozone to 
lower the level of the 8-hour ozone standard from 0.075 ppm to 0.070 
ppm, consistent with the federal ozone NAAQS promulgated on October 1, 
2015 at 40 CFR 50.19 (October 26, 2015; 80 FR 65292). We note that this 
update to the ozone standard in the Oregon SIP is not relevant to our 
infrastructure action on the 2010 NO2, 2010 SO2, 
and 2012 PM2.5 NAAQS, and is only being included in this 
action for efficiency. We propose to approve this rule update for the 
revised ozone standard because it is consistent with the federal ozone 
standard.
    With respect to each of the submissions, we are taking no action on 
OAR 340-200-0040 State of Oregon Clean Air Act Implementation Plan 
because we have determined it is inappropriate to take action on a 
provision addressing state SIP adoption procedures, and because the 
relevant SIP provisions adopted into this rule at OAR 340-200-0040 have 
been separately submitted for approval, namely, the 2010 
NO2, 2010 SO2, and 2012 PM2.5 
infrastructure submissions and the specific rule revisions described 
above.

VI. Proposed Action

    The EPA is proposing to approve Oregon's December 27, 2013 and 
October 20, 2015, SIP submissions as meeting specific infrastructure 
requirements of the CAA. We propose to find that the Oregon SIP meets 
the following CAA section 110(a)(2) infrastructure elements for the 
2010 NO2, 2010 SO2, and 2012 PM2.5 
NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), 
(K), (L), and (M).
    We are proposing to approve, and incorporate by reference at 40 CFR 
part 52, subpart MM, the following rule sections submitted October 20, 
2015 (state effective October 16, 2015): OAR 340-202-0060 Suspended 
Particulate Matter; and OAR 340-250-0030(22) NAAQS. We are also 
proposing to approve, and incorporate by reference at 40 CFR part 52, 
subpart MM, the

[[Page 8028]]

following rule section submitted July 18, 2017 (state effective July 
13, 2017): OAR 340-202-0090 Ozone. We note that this update to OAR 340-
202-0090 is not related to, nor is it necessary for our infrastructure 
action. We are including it in this action for efficiency.

VII. Incorporation by Reference

    In this rule, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference the provisions described above in Section VI. Proposed 
Action. The EPA has made, and will continue to make, these documents 
generally available electronically through https://www.regulations.gov 
and in hard copy at the appropriate EPA office (see the ADDRESSES 
section of this preamble for more information).

VIII. Statutory and Executive Orders Review

    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 
proposed 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 proposed 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 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 it 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).
    In addition, 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 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 8, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-03675 Filed 2-22-18; 8:45 am]
 BILLING CODE 6560-50-P
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