Air Plan Approval; OR: Lane County Outdoor Burning and Enforcement Procedure Rules, 5000-5004 [2019-02545]

Download as PDF 5000 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Rules and Regulations the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. IV. Paperwork Reduction Act of 1995 This final order establishes special controls that refer to previously approved collections of information found in other FDA regulations and guidance. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). The collections of information in the guidance document ‘‘De Novo Classification Process (Evaluation of Automatic Class III Designation)’’ have been approved under OMB control number 0910–0844; the collections of information in 21 CFR part 820, regarding quality system regulation, have been approved under OMB control number 0910–0073; the collections of information in 21 CFR part 814, subparts A through E, regarding premarket approval, have been approved under OMB control number 0910–0231; the collections of information in part 807, subpart E, regarding premarket notification submissions, have been approved under OMB control number 0910–0120; and the collections of information in 21 CFR part 801, regarding labeling, have been approved under OMB control number 0910–0485. List of Subjects in 21 CFR Part 872 Medical devices. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 872 is amended as follows: (1) Clinical performance testing must evaluate the following: (i) Performance characteristics of the algorithm; and (ii) All adverse events. (2) Non-clinical performance testing must demonstrate that the device performs as intended under anticipated conditions for use, including the following: (i) Validation of the closed loop algorithm; (ii) Mechanical integrity over the expected use life; (iii) Characterization of maximum force, distance, and speed of device movement; and (iv) Movement accuracy of intraoral components. (3) Performance testing must demonstrate the wireless compatibility, electrical safety, and electromagnetic compatibility of the device in its intended use environment. (4) Software verification, validation, and hazard analysis must be performed. (5) The patient-contacting components of the device must be demonstrated to be biocompatible. (6) Performance data must validate the reprocessing instructions for any reusable components. (7) Patient labeling must include: (i) Information on device use, including placement of sensors and mouthpieces; (ii) A description of all alarms; and (iii) Instructions for reprocessing any reusable components. (8) A human factors assessment must evaluate simulated use of the device in a home use setting. Dated: February 14, 2019. Lowell J. Schiller, Acting Associate Commissioner for Policy. [FR Doc. 2019–02824 Filed 2–19–19; 8:45 am] BILLING CODE 4164–01–P PART 872—DENTAL DEVICES 1. The authority citation for part 872 continues to read as follows: ■ Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371. 2. Add § 872.5571 to subpart F to read as follows: ■ § 872.5571 Auto titration device for oral appliances. (a) Identification. An auto-titration device for oral appliances is a prescription home use device that determines a target position to be used for a final oral appliance for the reduction of snoring and mild to moderate obstructive sleep apnea. (b) Classification. Class II (special controls). The special controls for this device are: VerDate Sep<11>2014 17:42 Feb 19, 2019 Jkt 247001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2018–0596; FRL–9989–56– Region 10] Air Plan Approval; OR: Lane County Outdoor Burning and Enforcement Procedure Rules Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving and incorporating by reference into the Oregon State Implementation Plan (SIP) SUMMARY: PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 the Lane Regional Air Protection Agency’s (LRAPA) revised outdoor burning rule submitted by the Oregon Department of Environmental Quality (ODEQ) on July 19, 2018. The revised rule, as it applies in Lane County, Oregon, clarifies terminology and provides additional controls of outdoor burning activities, reducing particulate emissions and strengthening the Oregon SIP. In addition, the EPA is approving but not incorporating by reference the enforcement procedures and civil penalties rule for LRAPA submitted by the ODEQ on September 25, 2018. The revised rule brings the enforcement procedures and civil penalties rule, as it applies in Lane County, into alignment with recent changes in Oregon State regulations. This final rule is effective March 22, 2019. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R10–OAR–2018–0596. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at https:// www.regulations.gov, or please contact the person listed in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Christi Duboiski 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. DATES: Table of Contents I. Background II. Response to Comment III. Final Action IV. Incorporation by Reference V. Oregon Notice Provision VI. Statutory and Executive Order Reviews I. Background On July 19, 2018 and September 25, 2018, the ODEQ and LRAPA submitted revisions to the Oregon SIP as they apply in Lane County. On November 18, 2018, the EPA proposed to approve the LRAPA Title 47 outdoor burning rule which provided clarification and additional controls of outdoor burning activities in Lane County (83 FR 60836). E:\FR\FM\20FER1.SGM 20FER1 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Rules and Regulations We also proposed to approve the Title 15 enforcement procedure and civil penalties rule, bringing LRAPA’s rule into alignment with recently approved State rules. The public comment period for our proposed action ended on December 26, 2018. We received no adverse comments. II. Response to Comment We received one comment in support of the proposed approval of the LRAPA Title 47 outdoor burning rule and the Title 15 enforcement procedure and civil penalties rule. A full copy of the comment received is available in the docket for this final action. III. Final Action We are approving, and incorporating by reference into the Oregon SIP, the submitted revisions to the LRAPA Title 47 outdoor burning rule, Sections 001, 005, 010 (except the definition of ‘‘nuisance’’), 015 (except (1)(d) and (1)(h)), and 020 (except (3), (9)(i), and (10)). The revisions to Title 47 became State effective July 13, 2018 and were submitted to the EPA by the ODEQ and LRAPA on July 19, 2018. The submitted changes clarify terminology and provide additional controls of outdoor burning activities in Lane County, Oregon. We are also approving, but not incorporating by reference, the submitted revisions to the LRAPA Title 15 enforcement procedures and civil penalty rule, Sections 001, 005, 015, 018, 020, 025, 030, 035, 040, 045, 055, 057, 060, and 065. The revisions to Title 15 became State effective on September 14, 2018 and were submitted by the ODEQ and LRAPA on September 25, 2018. The submitted changes align LRAPA’s Title 15 rule with the ODEQ’s Division 12 and provide LRAPA with authority needed for SIP approval. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, we are finalizing the incorporation by reference as described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through https:// www.regulations.gov and at the EPA Region 10 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the EPA into that plan, are fully Federally-enforceable under VerDate Sep<11>2014 17:42 Feb 19, 2019 Jkt 247001 sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA’s approval, and will be incorporated by reference in the next update to the SIP compilation.1 V. Oregon Notice Provision Oregon Revised Statute 468.126, prohibits ODEQ from imposing a penalty for violation of an air, water or solid waste permit unless the source has been provided five days’ advanced written notice of the violation and has not come into compliance or submitted a compliance schedule within that fiveday period. By its terms, the statute does not apply to Oregon’s title V program or to any program if application of the notice provision would disqualify the program from federal delegation. Oregon has previously confirmed that, because application of the notice provision would preclude EPA approval of the Oregon SIP, no advance notice is required for violation of SIP requirements. VI. 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 Clean Air 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 action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory 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 1 62 PO 00000 FR 27968 (May 22, 1997). Frm 00051 Fmt 4700 Sfmt 4700 5001 in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and it will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 22, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a E:\FR\FM\20FER1.SGM 20FER1 5002 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Rules and Regulations petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Dated: February 4, 2019. Chris Hladick, Regional Administrator, Region 10. For the reasons stated in the preamble, 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart MM—Oregon 2. In § 52.1970: a. In paragraph (c), table 4 is amended by revising the table heading, the ■ ■ Authority: 42 U.S.C. 7401 et seq. heading for ‘‘Title 47’’ and the entries ‘‘47–001’’, ‘‘47–005’’, ‘‘47–010’’, ‘‘47– 015’’, and ‘‘47–020’’ and adding a footnote number 1 to the end of the table. ■ b. In paragraph (e), remove the table ‘‘Lane County Regional Air Pollution Authority Regulations, Approved But Not Incorporated by Reference’’ and add in its place the table ‘‘Lane Regional Air Protection Agency (LRAPA) Rules, Approved But Not Incorporated by Reference’’. The revisions and additions read as follows: § 52.1970 * Identification of plan. * * (c) * * * * * TABLE 4—EPA-APPROVED LANE REGIONAL AIR PROTECTION AGENCY (LRAPA) RULES FOR OREGON 1 LRAPA citation State effective date Title/subject * * * EPA approval date * Explanations * * * Title 47—Rules for Outdoor Burning 47–001 .............. General Policy ................................ 7/13/2018 47–005 .............. Exemptions from these Rules ........ 7/13/2018 47–010 .............. Definitions ....................................... 7/13/2018 47–015 .............. Outdoor Burning Requirements ..... 7/13/2018 47–020 .............. Letter Permits ................................. 7/13/2018 * * * 2/20/2019, [insert ister citation]. 2/20/2019, [insert ister citation]. 2/20/2019, [insert ister citation]. 2/20/2019, [insert ister citation]. 2/20/2019, [insert ister citation]. Federal Reg- * * Federal RegFederal Reg- Except the definition of ‘‘nuisance’’. Federal Reg- Except (1)(d) and (1)(h). Federal Reg- Except (3), (9)(i), and (10). * * 1 EPA’s approval is limited to the extent the provisions relate to section 110 of the Clean Air Act and determining compliance with and for purposes of implementation of SIP-approved requirements. * * * (e) * * * * * * * * * * LANE REGIONAL AIR PROTECTION AGENCY (LRAPA) RULES, APPROVED BUT NOT INCORPORATED BY REFERENCE LRAPA citation State effective date Title/subject EPA approval date Explanation Title 13—General Duties and Powers of Board and Director 13–005 .............. 13–010 .............. 13–020 13–025 13–030 13–035 .............. .............. .............. .............. Authority of the Agency ........................ Duties and Powers of the Board of Directors. Duties and Function of the Director ..... Conflict of Interest ................................ Advisory Committee ............................. Public Records and Confidential Information. 3/31/2014 3/31/2014 10/5/2018, 83 FR 50274 10/5/2018, 83 FR 50274 3/31/2014 3/31/2014 3/31/2014 3/31/2014 10/5/2018, 10/5/2018, 10/5/2018, 10/5/2018, 83 83 83 83 FR FR FR FR 50274 50274 50274 50274 Title 14—Rules of Practice and Procedure 14–110 .............. VerDate Sep<11>2014 Definitions ............................................. 17:42 Feb 19, 2019 Jkt 247001 PO 00000 Frm 00052 3/23/2018 Fmt 4700 10/5/2018, 83 FR 50274 Sfmt 4700 E:\FR\FM\20FER1.SGM 20FER1 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Rules and Regulations 5003 LANE REGIONAL AIR PROTECTION AGENCY (LRAPA) RULES, APPROVED BUT NOT INCORPORATED BY REFERENCE— Continued LRAPA citation State effective date Title/subject EPA approval date Explanation Rulemaking 14–115 14–120 14–125 14–130 .............. .............. .............. .............. 14–135 .............. Rulemaking Notice ............................... Rulemaking Hearings and Process ...... Temporary Rules .................................. Petition to Promulgate, Amend or Repeal Rule—Content of Petition, Filing of Petition. Declaratory Rulings .............................. 3/23/2018 3/23/2018 3/23/2018 3/23/2018 10/5/2018, 10/5/2018, 10/5/2018, 10/5/2018, 83 83 83 83 FR FR FR FR 50274 50274 50274 50274 3/23/2018 10/5/2018, 83 FR 50274 Contested Cases 14–140 .............. 14–145 .............. 14–147 .............. 14–150 .............. 14–155 .............. 14–160 14–165 14–170 14–175 14–185 .............. .............. .............. .............. .............. 14–190 .............. 14–200 .............. 14–205 .............. Contested Case Proceedings Generally. Agency Representation by Environmental Law Specialist. Authorized Representative of Respondent other than a Natural Person in a Contested Case Hearing. Liability for the Acts of a Person’s Employees. Consolidation or Bifurcation of Contested Case Hearings. Final Orders .......................................... Default Orders ...................................... Appeal to the Board ............................. Power of the Director ........................... Request for Stay Pending Judicial Review. Request for Stay—Motion to Intervene Request for Stay—Agency Determination. Request for Stay—Time Frames .......... 3/23/2018 10/5/2018, 83 FR 50274 3/23/2018 10/5/2018, 83 FR 50274 3/23/2018 10/5/2018, 83 FR 50274 3/23/2018 10/5/2018, 83 FR 50274 3/23/2018 10/5/2018, 83 FR 50274 3/23/2018 3/23/2018 3/23/2018 3/23/2018 3/23/2018 10/5/2018, 10/5/2018, 10/5/2018, 10/5/2018, 10/5/2018, 3/23/2018 3/23/2018 10/5/2018, 83 FR 50274 10/5/2018, 83 FR 50274 3/23/2018 10/5/2018, 83 FR 50274 83 83 83 83 83 FR FR FR FR FR 50274 50274 50274 50274 50274 Title 15—Enforcement Procedure and Civil Penalties 15–001 .............. Policy .................................................... 9/14/2018 15–003 .............. 15–005 .............. Scope of Applicability ........................... Definitions ............................................. 6/13/1995 9/14/2018 15–010 .............. 15–015 .............. Consolidation of Proceedings ............... Notice of Violation ................................ 6/13/1995 9/14/2018 15–018 .............. 9/14/2018 15–020 .............. Notice of Permit Violations (NPV) and Exceptions. Enforcement Actions ............................ 9/14/2018 15–025 .............. Civil Penalty Schedule Matrices ........... 9/14/2018 15–030 .............. 9/14/2018 15–045 .............. Civil Penalty Determination Procedure (Mitigating and Aggravating Factors). Written Notice of Civil Penalty Assessment—When Penalty Payable. Compromise or Settlement of Civil Penalty by Director. Stipulated Penalties .............................. 15–050 .............. 15–055 .............. Additional Civil Penalties ...................... Air Quality Classification of Violation ... 6/13/1995 9/14/2018 15–057 .............. Determination of Violation Magnitude .. 9/14/2018 15–060 .............. Selected Magnitude Categories ........... 9/14/2018 15–065 .............. Appeals ................................................. 9/14/2018 15–035 .............. 15–040 .............. VerDate Sep<11>2014 17:42 Feb 19, 2019 Jkt 247001 PO 00000 Frm 00053 9/14/2018 9/14/2018 9/14/2018 Fmt 4700 2/20/2019, [insert Federal Register citation] 8/3/2001, 66 FR 40616 2/20/2019, [insert Federal Register citation] 8/3/2001, 66 FR 40616 2/20/2019, [insert Federal Register citation] 2/20/2019, [insert Federal Register citation] 2/20/2019, [insert Federal Register citation] 2/20/2019, [insert Federal Register citation] 2/20/2019, [insert Federal Register citation] 2/20/2019, [insert Federal Register citation] 2/20/2019, [insert Federal Register citation] 2/20/2019, [insert Federal Register citation] 8/3/2001, 66 FR 40616 2/20/2019, [insert Federal Register citation] 2/20/2019, [insert Federal Register citation] 2/20/2019, [insert Federal Register citation] 2/20/2019, [insert Federal Register citation] Sfmt 4700 E:\FR\FM\20FER1.SGM 20FER1 5004 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Rules and Regulations LANE REGIONAL AIR PROTECTION AGENCY (LRAPA) RULES, APPROVED BUT NOT INCORPORATED BY REFERENCE— Continued LRAPA citation State effective date Title/subject EPA approval date Explanation Title 31—Public Participation 31–0070 ............ Hearing Procedures .............................. * * * * * [FR Doc. 2019–02545 Filed 2–19–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2018–0508; FRL–9989–15– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Under the 2008 Ozone National Ambient Air Quality Standard (NAAQS) Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a revision to the State of Maryland’s state implementation plan (SIP). The State of Maryland’s SIP revision satisfies the volatile organic compound (VOC) reasonably available control technology (RACT) requirements for the 2008 8hour ozone national ambient air quality standard (NAAQS). The State of Maryland will address RACT for oxides of nitrogen (NOX) in another SIP submission. Maryland’s VOC RACT submittal for the 2008 ozone NAAQS includes certification that previously adopted RACT controls in Maryland’s SIP approved by EPA under the 1-hour ozone and 1997 8-hour ozone NAAQS were reviewed based on the currently available technically and economically feasible controls, and that they continue to represent RACT; a negative declaration for certain control technique guideline (CTG) categories that no facilities exist in the State for these certain categories; and adoption of new or more stringent RACT determinations where necessary. This action is being taken under the Clean Air Act (CAA). DATES: This final rule is effective on March 22, 2019. ADDRESSES: EPA has established a docket for this action under Docket ID SUMMARY: VerDate Sep<11>2014 17:42 Feb 19, 2019 Jkt 247001 3/23/2018 10/5/2018, 83 FR 50274 Number EPA–R03–OAR–2018–0508. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Gregory A. Becoat, (215) 814 2036, or by email at becoat.gregory@epa.gov. SUPPLEMENTARY INFORMATION: On August 18, 2016, the Maryland Department of the Environment (MDE) submitted a revision to its SIP that addresses the VOC requirements of RACT for the 2008 8-hour ozone NAAQS. I. Background A. General Ozone is formed in the atmosphere by photochemical reactions between VOCs and NOX in the presence of sunlight. In order to reduce ozone, the CAA requires control of VOC and NOX emission sources to achieve emission reductions in moderate and above ozone nonattainment areas. Among effective control measures, RACT controls significantly reduce VOC and NOx emissions from major stationary sources. RACT is defined as the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.1 Section 172(c)(1) of the CAA provides that SIPs for nonattainment areas must 1 See December 9, 1976 memorandum from Roger Strelow, Assistant Administrator for Air and Waste Management, to Regional Administrators, ‘‘Guidance for Determining Acceptability of SIP Regulations in Non-Attainment Areas.’’ see also 44 FR 53761, 53762 (September 17, 1979). PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 include reasonably available control measures (RACM) for attainment of the NAAQS, including emissions reductions from existing sources through adoption of RACT. A major source in a nonattainment area is defined as any stationary source that emits or has the potential to emit NOX or VOC emissions greater than a certain ton per year threshold that varies based on the ozone nonattainment classification of the area: Marginal, Moderate, Serious, or Severe. See ‘‘major stationary source’’ in CAA sections 182(b), 184(b) and 302. Sections 182(b)(2) and 182(f)(1) of the CAA require states with ozone nonattainment areas classified as moderate or higher to implement RACT controls on all stationary sources and source categories covered by a CTG document issued by EPA, and also on all major sources of VOC and NOX emissions located in the area. EPA’s CTGs provide guidance for RACT control requirements for various VOC source categories. The CTGs typically identify a particular control level that EPA recommends as being RACT. In some cases, EPA has issued Alternative Control Techniques guidelines (ACTs), primarily for NOX source categories, which in contrast to the CTGs, only present a range of possible control options but do not identify any particular option as the recommendation for what can be RACT. Section 183(c) of the CAA requires EPA to revise and update CTGs and ACTs as the Administrator determines necessary. States are required to implement RACT for the source categories covered by CTGs through the SIP. Section 184(a) of the CAA establishes a single ozone transport region (OTR) comprising all or part of 12 eastern states and the District of Columbia,2 including the entire State of Maryland. Section 184(b)(1)(B) and (2) of the CAA set forth requirements for states in the OTR. Specifically, section 184(b)(1)(B) requires the implementation of RACT in OTR states with respect to all sources of VOC covered by a CTG. Additionally, 2 Only a portion of the Commonwealth of Virginia is included in the OTR. E:\FR\FM\20FER1.SGM 20FER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Rules and Regulations]
[Pages 5000-5004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02545]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0596; FRL-9989-56-Region 10]

Air Plan Approval; OR: Lane County Outdoor Burning and
Enforcement Procedure Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving and
incorporating by reference into the Oregon State Implementation Plan
(SIP) the Lane Regional Air Protection Agency's (LRAPA) revised outdoor
burning rule submitted by the Oregon Department of Environmental
Quality (ODEQ) on July 19, 2018. The revised rule, as it applies in
Lane County, Oregon, clarifies terminology and provides additional
controls of outdoor burning activities, reducing particulate emissions
and strengthening the Oregon SIP. In addition, the EPA is approving but
not incorporating by reference the enforcement procedures and civil
penalties rule for LRAPA submitted by the ODEQ on September 25, 2018.
The revised rule brings the enforcement procedures and civil penalties
rule, as it applies in Lane County, into alignment with recent changes
in Oregon State regulations.

DATES: This final rule is effective March 22, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2018-0596. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available at https://www.regulations.gov, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Christi Duboiski 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.

Table of Contents

I. Background
II. Response to Comment
III. Final Action
IV. Incorporation by Reference
V. Oregon Notice Provision
VI. Statutory and Executive Order Reviews

I. Background

On July 19, 2018 and September 25, 2018, the ODEQ and LRAPA
submitted revisions to the Oregon SIP as they apply in Lane County. On
November 18, 2018, the EPA proposed to approve the LRAPA Title 47
outdoor burning rule which provided clarification and additional
controls of outdoor burning activities in Lane County (83 FR 60836).

[[Page 5001]]

We also proposed to approve the Title 15 enforcement procedure and
civil penalties rule, bringing LRAPA's rule into alignment with
recently approved State rules. The public comment period for our
proposed action ended on December 26, 2018. We received no adverse
comments.

II. Response to Comment

We received one comment in support of the proposed approval of the
LRAPA Title 47 outdoor burning rule and the Title 15 enforcement
procedure and civil penalties rule. A full copy of the comment received
is available in the docket for this final action.

III. Final Action

We are approving, and incorporating by reference into the Oregon
SIP, the submitted revisions to the LRAPA Title 47 outdoor burning
rule, Sections 001, 005, 010 (except the definition of ``nuisance''),
015 (except (1)(d) and (1)(h)), and 020 (except (3), (9)(i), and (10)).
The revisions to Title 47 became State effective July 13, 2018 and were
submitted to the EPA by the ODEQ and LRAPA on July 19, 2018. The
submitted changes clarify terminology and provide additional controls
of outdoor burning activities in Lane County, Oregon.
We are also approving, but not incorporating by reference, the
submitted revisions to the LRAPA Title 15 enforcement procedures and
civil penalty rule, Sections 001, 005, 015, 018, 020, 025, 030, 035,
040, 045, 055, 057, 060, and 065. The revisions to Title 15 became
State effective on September 14, 2018 and were submitted by the ODEQ
and LRAPA on September 25, 2018. The submitted changes align LRAPA's
Title 15 rule with the ODEQ's Division 12 and provide LRAPA with
authority needed for SIP approval.

IV. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, we are finalizing the incorporation by reference as described in
the amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these materials generally available through
https://www.regulations.gov and at the EPA Region 10 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the SIP, have
been incorporated by reference by the EPA into that plan, are fully
Federally-enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------

\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Oregon Notice Provision

Oregon Revised Statute 468.126, prohibits ODEQ from imposing a
penalty for violation of an air, water or solid waste permit unless the
source has been provided five days' advanced written notice of the
violation and has not come into compliance or submitted a compliance
schedule within that five-day period. By its terms, the statute does
not apply to Oregon's title V program or to any program if application
of the notice provision would disqualify the program from federal
delegation. Oregon has previously confirmed that, because application
of the notice provision would preclude EPA approval of the Oregon SIP,
no advance notice is required for violation of SIP requirements.

VI. 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 Clean Air 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 action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and it will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 22, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a

[[Page 5002]]

petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
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 4, 2019.
Chris Hladick,
Regional Administrator, Region 10.

For the reasons stated in the preamble, 40 CFR part 52 is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart MM--Oregon

0
2. In Sec. 52.1970:
0
a. In paragraph (c), table 4 is amended by revising the table heading,
the heading for ``Title 47'' and the entries ``47-001'', ``47-005'',
``47-010'', ``47-015'', and ``47-020'' and adding a footnote number 1
to the end of the table.
0
b. In paragraph (e), remove the table ``Lane County Regional Air
Pollution Authority Regulations, Approved But Not Incorporated by
Reference'' and add in its place the table ``Lane Regional Air
Protection Agency (LRAPA) Rules, Approved But Not Incorporated by
Reference''.
The revisions and additions read as follows:

Sec. 52.1970 Identification of plan.

* * * * *
(c) * * *

Table 4--EPA-Approved Lane Regional Air Protection Agency (LRAPA) Rules for Oregon \1\
----------------------------------------------------------------------------------------------------------------
State
LRAPA citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 47--Rules for Outdoor Burning
----------------------------------------------------------------------------------------------------------------
47-001..................... General Policy........ 7/13/2018 2/20/2019, [insert ......................
Federal Register
citation].
47-005..................... Exemptions from these 7/13/2018 2/20/2019, [insert ......................
Rules. Federal Register
citation].
47-010..................... Definitions........... 7/13/2018 2/20/2019, [insert Except the definition
Federal Register of ``nuisance''.
citation].
47-015..................... Outdoor Burning 7/13/2018 2/20/2019, [insert Except (1)(d) and
Requirements. Federal Register (1)(h).
citation].
47-020..................... Letter Permits........ 7/13/2018 2/20/2019, [insert Except (3), (9)(i),
Federal Register and (10).
citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ EPA's approval is limited to the extent the provisions relate to section 110 of the Clean Air Act and
determining compliance with and for purposes of implementation of SIP-approved requirements.

* * * * *
(e) * * *
* * * * *

Lane Regional Air Protection Agency (LRAPA) Rules, Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
State
LRAPA citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Title 13--General Duties and Powers of Board and Director
----------------------------------------------------------------------------------------------------------------
13-005................. Authority of the 3/31/2014 10/5/2018, 83 FR 50274
Agency.
13-010................. Duties and Powers 3/31/2014 10/5/2018, 83 FR 50274
of the Board of
Directors.
13-020................. Duties and 3/31/2014 10/5/2018, 83 FR 50274
Function of the
Director.
13-025................. Conflict of 3/31/2014 10/5/2018, 83 FR 50274
Interest.
13-030................. Advisory Committee 3/31/2014 10/5/2018, 83 FR 50274
13-035................. Public Records and 3/31/2014 10/5/2018, 83 FR 50274
Confidential
Information.
----------------------------------------------------------------------------------------------------------------
Title 14--Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
14-110................. Definitions....... 3/23/2018 10/5/2018, 83 FR 50274
----------------------------------------------------------------------------------------------------------------

[[Page 5003]]

Rulemaking
----------------------------------------------------------------------------------------------------------------
14-115................. Rulemaking Notice. 3/23/2018 10/5/2018, 83 FR 50274
14-120................. Rulemaking 3/23/2018 10/5/2018, 83 FR 50274
Hearings and
Process.
14-125................. Temporary Rules... 3/23/2018 10/5/2018, 83 FR 50274
14-130................. Petition to 3/23/2018 10/5/2018, 83 FR 50274
Promulgate, Amend
or Repeal Rule--
Content of
Petition, Filing
of Petition.
14-135................. Declaratory 3/23/2018 10/5/2018, 83 FR 50274
Rulings.
----------------------------------------------------------------------------------------------------------------
Contested Cases
----------------------------------------------------------------------------------------------------------------
14-140................. Contested Case 3/23/2018 10/5/2018, 83 FR 50274
Proceedings
Generally.
14-145................. Agency 3/23/2018 10/5/2018, 83 FR 50274
Representation by
Environmental Law
Specialist.
14-147................. Authorized 3/23/2018 10/5/2018, 83 FR 50274
Representative of
Respondent other
than a Natural
Person in a
Contested Case
Hearing.
14-150................. Liability for the 3/23/2018 10/5/2018, 83 FR 50274
Acts of a
Person's
Employees.
14-155................. Consolidation or 3/23/2018 10/5/2018, 83 FR 50274
Bifurcation of
Contested Case
Hearings.
14-160................. Final Orders...... 3/23/2018 10/5/2018, 83 FR 50274
14-165................. Default Orders.... 3/23/2018 10/5/2018, 83 FR 50274
14-170................. Appeal to the 3/23/2018 10/5/2018, 83 FR 50274
Board.
14-175................. Power of the 3/23/2018 10/5/2018, 83 FR 50274
Director.
14-185................. Request for Stay 3/23/2018 10/5/2018, 83 FR 50274
Pending Judicial
Review.
14-190................. Request for Stay-- 3/23/2018 10/5/2018, 83 FR 50274
Motion to
Intervene.
14-200................. Request for Stay-- 3/23/2018 10/5/2018, 83 FR 50274
Agency
Determination.
14-205................. Request for Stay-- 3/23/2018 10/5/2018, 83 FR 50274
Time Frames.
----------------------------------------------------------------------------------------------------------------
Title 15--Enforcement Procedure and Civil Penalties
----------------------------------------------------------------------------------------------------------------
15-001................. Policy............ 9/14/2018 2/20/2019, [insert Federal Register .................
citation]
15-003................. Scope of 6/13/1995 8/3/2001, 66 FR 40616 .................
Applicability.
15-005................. Definitions....... 9/14/2018 2/20/2019, [insert Federal Register .................
citation]
15-010................. Consolidation of 6/13/1995 8/3/2001, 66 FR 40616 .................
Proceedings.
15-015................. Notice of 9/14/2018 2/20/2019, [insert Federal Register .................
Violation. citation]
15-018................. Notice of Permit 9/14/2018 2/20/2019, [insert Federal Register .................
Violations (NPV) citation]
and Exceptions.
15-020................. Enforcement 9/14/2018 2/20/2019, [insert Federal Register .................
Actions. citation]
15-025................. Civil Penalty 9/14/2018 2/20/2019, [insert Federal Register .................
Schedule Matrices. citation]
15-030................. Civil Penalty 9/14/2018 2/20/2019, [insert Federal Register .................
Determination citation]
Procedure
(Mitigating and
Aggravating
Factors).
15-035................. Written Notice of 9/14/2018 2/20/2019, [insert Federal Register .................
Civil Penalty citation]
Assessment--When
Penalty Payable.
15-040................. Compromise or 9/14/2018 2/20/2019, [insert Federal Register .................
Settlement of citation]
Civil Penalty by
Director.
15-045................. Stipulated 9/14/2018 2/20/2019, [insert Federal Register .................
Penalties. citation]
15-050................. Additional Civil 6/13/1995 8/3/2001, 66 FR 40616 .................
Penalties.
15-055................. Air Quality 9/14/2018 2/20/2019, [insert Federal Register .................
Classification of citation]
Violation.
15-057................. Determination of 9/14/2018 2/20/2019, [insert Federal Register .................
Violation citation]
Magnitude.
15-060................. Selected Magnitude 9/14/2018 2/20/2019, [insert Federal Register .................
Categories. citation]
15-065................. Appeals........... 9/14/2018 2/20/2019, [insert Federal Register .................
citation]
----------------------------------------------------------------------------------------------------------------

[[Page 5004]]

Title 31--Public Participation
----------------------------------------------------------------------------------------------------------------
31-0070................ Hearing Procedures 3/23/2018 10/5/2018, 83 FR 50274 .................
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-02545 Filed 2-19-19; 8:45 am]
BILLING CODE 6560-50-P

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