Air Plan Approval; Oregon; Removal of Obsolete Regulations, 50867-50868 [2018-22010]
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daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide 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 EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed 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, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
VerDate Sep<11>2014
16:48 Oct 09, 2018
Jkt 247001
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 3, 2018.
Douglas Benevento,
Regional Administrator, EPA Region 8.
[FR Doc. 2018–21948 Filed 10–9–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0022; FRL–9985–25–
Region 10]
Air Plan Approval; Oregon; Removal of
Obsolete Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing removal of
the outdated rules in the Code of
Federal Regulations (CFR) for the State
of Oregon because they are duplicative
or obsolete. Removal of such material
from the air program subparts is
designed to improve cost effectiveness
and usability of the CFR. The EPA is
also proposing to make non-substantive
revisions to reflect updated citations
and correct a typographical error. This
proposed action makes no substantive
changes to the Oregon State
Implementation Plan and imposes no
new requirements.
DATES: Written comments must be
received on or before November 9, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2018–0022 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 whose disclosure 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,
SUMMARY:
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
50867
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Christi Duboiski, EPA Region 10, at
(360) 753–9081, or duboiski.christi@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
I. Introduction
This action is being taken pursuant to
Executive Order 13563—Improving
Regulation and Regulatory Review. It is
intended to reduce the number of pages
in the Code of Federal Regulations
(CFR) by identifying those rules in 40
CFR part 52, subpart MM, for the State
of Oregon that are duplicative or
obsolete. One aspect of the EPA’s
proposed action removes historical
information found in the ‘‘Approval of
plans’’ section in 40 CFR 52.1973,
‘‘Original Identification of plan’’ section
in 40 CFR 52.1974, ‘‘Content of
approved State submitted
implementation plan’’ section in 40 CFR
52.1977, and ‘‘Control Strategy: Ozone’’
section in 40 CFR 52.1982. These rules
no longer have any use or legal effect
because they have been superseded by
subsequently approved state
implementation plan (SIP) revisions or
they are no longer necessary because the
EPA previously promulgated
administrative rule actions to replace
these sections with summary tables in
40 CFR 52.1970 (78 FR 74012, December
10, 2013). These summary tables
describe the regulations, source-specific
actions, and non-regulatory
requirements that comprise the SIP.
II. Removal of Duplicative or Obsolete
Rules and Non-Substantive Changes to
Certain Rules
The EPA reviewed the following
regulations and found that they should
be removed or revised for the reasons
set forth as follows:
A. Section 52.1973
Approval of Plans
As discussed above, this section is no
longer necessary because the EPA
replaced the historical information
contained in this section with summary
tables in § 52.1970 (78 FR 74012,
December 10, 2013). The EPA reviewed
§ 52.1973 to verify that all relevant
historical information in this section is
contained in § 52.1970. The EPA is
therefore proposing to remove
§ 52.1973.
E:\FR\FM\10OCP1.SGM
10OCP1
50868
Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules
B. Section 52.1974 Original
Identification of Plan Section
Sections 52.1974(b) and (c) of this
section, originally designated as 40 CFR
52.1970(b) and (c), contain historical
information about the EPA’s approval
actions for the Oregon SIP which
occurred from January 25, 1972, until
September 1, 2013. On December 10,
2013 (78 FR 74012), the EPA
reorganized the Identification of plan
section (§ 52.1970) for subpart MM by
listing and summarizing Oregon’s
currently approved SIP requirements in
§ 52.1970(a) through (e). EPA is
proposing to remove § 52.1974(b) and
(c) because the EPA has determined it
is no longer necessary to codify the
information found in these paragraphs.
Section 52.1974(a) is being amended to
state that this historical information will
continue to be made available in the
CFR annual editions, Title 40 part 52
(years 1996 through 2013). These annual
editions are available on line at the
following url address: https://
www.gpo.gov/fdsys/browse/collection
Cfr.action?collectionCode=CFR.
C. Section 52.1977 Content of
Approved State Submitted
Implementation Plan
As previously discussed, the EPA
reorganized the Identification of Plan
section (§ 52.1970) for subpart MM by
listing and summarizing Oregon’s
currently approved SIP requirements in
§ 52.1970(a) through (e) (78 FR 74012,
December 10, 2013). Section 52.1977,
last revised January 22, 2003 (68 FR
2904), is out of date and no longer
correct. Therefore, EPA is proposing to
remove this section.
daltland on DSKBBV9HB2PROD with PROPOSALS
D. Section 52.1982
Ozone
Control Strategy:
This section, last updated on January
22, 2003 (68 FR 2909), is out of date.
Current attainment and maintenance
plan status for the Salem/Portland and
Medford/Ashland areas can be found in
the summary tables in § 52.1970. The
EPA reviewed § 52.1982 to verify that
all relevant historical information in
this section is contained in § 52.1970.
The outdated text of § 52.1982(a)
contains two clarifications regarding
implementation of the attainment plans.
The EPA and Oregon subsequently
resolved both issues. The EPA recently
approved a revised version of Oregon
Administrative Rule 340–232–0160(6)
(82 FR 47122, October 11, 2017), which
incorporates the requirement of
§ 52.1982(a)(i). In the same October 11,
2017 action, the EPA also approved a
revised version of Oregon
Administrative Rule 340–232–0060(1),
VerDate Sep<11>2014
16:48 Oct 09, 2018
Jkt 247001
which no longer contains the language,
‘‘in most cases.’’ The EPA is therefore
proposing to remove § 52.1982.
E. Section 52.1988 Air Contaminant
Discharge Permits
This paragraph contains an incorrect
rule citation cross reference. The EPA is
proposing to correct a typographical
error and correct the two citations from
OAR 340–226–0040 to the correct
citation, OAR 340–226–0400.
III. Proposed Action
This proposed action is a
‘‘housekeeping’’ exercise that merely
recommends removal of duplicative or
obsolete CFR provisions and corrects a
non-substantive typographical error.
This proposed action makes no
substantive changes to the SIP. The EPA
is proposing that the above referenced
rules should be removed and the
typographical error corrected, and that
these changes be accurately reflected in
40 CFR part 52, subpart MM for the
State of Oregon. The EPA proposes
removing the duplicative or obsolete
rules because they have been revised or
superseded by subsequently approved
SIP revisions.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this proposed action
merely removes duplicative or obsolete
rules and corrects non-substantive
typographical errors 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.);
PO 00000
Frm 00009
Fmt 4702
Sfmt 9990
• 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).
The proposed SIP would not be
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 proposed 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 27, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018–22010 Filed 10–9–18; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\10OCP1.SGM
10OCP1
Agencies
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Proposed Rules]
[Pages 50867-50868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22010]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0022; FRL-9985-25-Region 10]
Air Plan Approval; Oregon; Removal of Obsolete Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing removal
of the outdated rules in the Code of Federal Regulations (CFR) for the
State of Oregon because they are duplicative or obsolete. Removal of
such material from the air program subparts is designed to improve cost
effectiveness and usability of the CFR. The EPA is also proposing to
make non-substantive revisions to reflect updated citations and correct
a typographical error. This proposed action makes no substantive
changes to the Oregon State Implementation Plan and imposes no new
requirements.
DATES: Written comments must be received on or before November 9, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0022 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 whose disclosure 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://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Christi Duboiski, EPA Region 10, at
(360) 753-9081, or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' is used, it is intended to refer to the EPA.
I. Introduction
This action is being taken pursuant to Executive Order 13563--
Improving Regulation and Regulatory Review. It is intended to reduce
the number of pages in the Code of Federal Regulations (CFR) by
identifying those rules in 40 CFR part 52, subpart MM, for the State of
Oregon that are duplicative or obsolete. One aspect of the EPA's
proposed action removes historical information found in the ``Approval
of plans'' section in 40 CFR 52.1973, ``Original Identification of
plan'' section in 40 CFR 52.1974, ``Content of approved State submitted
implementation plan'' section in 40 CFR 52.1977, and ``Control
Strategy: Ozone'' section in 40 CFR 52.1982. These rules no longer have
any use or legal effect because they have been superseded by
subsequently approved state implementation plan (SIP) revisions or they
are no longer necessary because the EPA previously promulgated
administrative rule actions to replace these sections with summary
tables in 40 CFR 52.1970 (78 FR 74012, December 10, 2013). These
summary tables describe the regulations, source-specific actions, and
non-regulatory requirements that comprise the SIP.
II. Removal of Duplicative or Obsolete Rules and Non-Substantive
Changes to Certain Rules
The EPA reviewed the following regulations and found that they
should be removed or revised for the reasons set forth as follows:
A. Section 52.1973 Approval of Plans
As discussed above, this section is no longer necessary because the
EPA replaced the historical information contained in this section with
summary tables in Sec. 52.1970 (78 FR 74012, December 10, 2013). The
EPA reviewed Sec. 52.1973 to verify that all relevant historical
information in this section is contained in Sec. 52.1970. The EPA is
therefore proposing to remove Sec. 52.1973.
[[Page 50868]]
B. Section 52.1974 Original Identification of Plan Section
Sections 52.1974(b) and (c) of this section, originally designated
as 40 CFR 52.1970(b) and (c), contain historical information about the
EPA's approval actions for the Oregon SIP which occurred from January
25, 1972, until September 1, 2013. On December 10, 2013 (78 FR 74012),
the EPA reorganized the Identification of plan section (Sec. 52.1970)
for subpart MM by listing and summarizing Oregon's currently approved
SIP requirements in Sec. 52.1970(a) through (e). EPA is proposing to
remove Sec. 52.1974(b) and (c) because the EPA has determined it is no
longer necessary to codify the information found in these paragraphs.
Section 52.1974(a) is being amended to state that this historical
information will continue to be made available in the CFR annual
editions, Title 40 part 52 (years 1996 through 2013). These annual
editions are available on line at the following url address: https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
C. Section 52.1977 Content of Approved State Submitted Implementation
Plan
As previously discussed, the EPA reorganized the Identification of
Plan section (Sec. 52.1970) for subpart MM by listing and summarizing
Oregon's currently approved SIP requirements in Sec. 52.1970(a)
through (e) (78 FR 74012, December 10, 2013). Section 52.1977, last
revised January 22, 2003 (68 FR 2904), is out of date and no longer
correct. Therefore, EPA is proposing to remove this section.
D. Section 52.1982 Control Strategy: Ozone
This section, last updated on January 22, 2003 (68 FR 2909), is out
of date. Current attainment and maintenance plan status for the Salem/
Portland and Medford/Ashland areas can be found in the summary tables
in Sec. 52.1970. The EPA reviewed Sec. 52.1982 to verify that all
relevant historical information in this section is contained in Sec.
52.1970. The outdated text of Sec. 52.1982(a) contains two
clarifications regarding implementation of the attainment plans. The
EPA and Oregon subsequently resolved both issues. The EPA recently
approved a revised version of Oregon Administrative Rule 340-232-
0160(6) (82 FR 47122, October 11, 2017), which incorporates the
requirement of Sec. 52.1982(a)(i). In the same October 11, 2017
action, the EPA also approved a revised version of Oregon
Administrative Rule 340-232-0060(1), which no longer contains the
language, ``in most cases.'' The EPA is therefore proposing to remove
Sec. 52.1982.
E. Section 52.1988 Air Contaminant Discharge Permits
This paragraph contains an incorrect rule citation cross reference.
The EPA is proposing to correct a typographical error and correct the
two citations from OAR 340-226-0040 to the correct citation, OAR 340-
226-0400.
III. Proposed Action
This proposed action is a ``housekeeping'' exercise that merely
recommends removal of duplicative or obsolete CFR provisions and
corrects a non-substantive typographical error. This proposed action
makes no substantive changes to the SIP. The EPA is proposing that the
above referenced rules should be removed and the typographical error
corrected, and that these changes be accurately reflected in 40 CFR
part 52, subpart MM for the State of Oregon. The EPA proposes removing
the duplicative or obsolete rules because they have been revised or
superseded by subsequently approved SIP revisions.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely removes duplicative or
obsolete rules and corrects non-substantive typographical errors 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).
The proposed SIP would not be 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 proposed 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 27, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-22010 Filed 10-9-18; 8:45 am]
BILLING CODE 6560-50-P