Air Plan Approval: Lane County, Oregon; 2019 Permitting Rule Revisions, 58327-58330 [2019-23517]
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Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations
TABLE 2—OREGON ADMINISTRATIVE RULES APPROVED BUT NOT INCORPORATED BY REFERENCE
State
citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
*
*
Explanation
*
Division 12—Enforcement Procedure and Civil Penalties 1
12–0030 ...........
Definitions ......................................................
11/16/2018
10/31/2019, [Insert Federal Register citation].
*
12–0053 ...........
*
11/16/2018
*
*
10/31/2019, [Insert Federal Register citation].
10/31/2019, [Insert Federal Register citation].
*
12–0054 ...........
*
*
Classification of Violations that Apply to all
Programs.
Air Quality Classification of Violations ..........
*
12–0135 ...........
*
*
Selected Magnitude Categories ....................
*
11/16/2018
*
12–0140 ...........
Determination of Base Penalty .....................
11/16/2018
*
*
10/31/2019, [Insert Federal Register citation].
10/31/2019, [Insert Federal Register citation].
*
*
11/16/2018
*
*
*
*
*
1 The
EPA approves the provisions in Table 2 of this paragraph (e) only to the extent the provisions relate to enforcement of the requirements
contained in the Oregon SIP.
*
*
*
*
*
TABLE 5—STATE OF OREGON AIR QUALITY CONTROL PROGRAM APPROVED BUT NOT INCORPORATED BY REFERENCE
Name of SIP provision
*
State
submittal
date
Applicable geographic
or nonattainment area
*
EPA approval date
*
*
Explanations
*
*
*
EPA-Approved Manuals
ODEQ Source Sampling
Manual.
*
State-wide ....................
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R10–OAR–2019–0426, FRL–10001–
56–Region 10]
Air Plan Approval: Lane County,
Oregon; 2019 Permitting Rule
Revisions
This final rule is effective
December 2, 2019.
*
The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2019–0426. All
documents in the docket are listed on
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*
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.
ADDRESSES:
The Environmental Protection
Agency (EPA) is approving revisions to
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Volume I (November 2018 edition) and Volume
II (April 2015 edition) only for purposes of the
emission limits and requirements approved
into the Oregon SIP.
*
DATES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
*
the Oregon State Implementation Plan
(SIP) submitted on June 13, 2019. The
revisions, applicable in Lane County,
Oregon, update regulations contained in
the SIP to make minor syntax and
renumbering changes, add a reference to
the electronic public notice option, and
update citations to reference materials
such as the Code of Federal Regulations
(CFR) and the most recent Oregon
Source Sampling Manual. The EPA
reviewed the submitted revisions and
determined they are consistent with
Clean Air Act (CAA) requirements.
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10/31/2019, [Insert
Federal Register citation].
*
[FR Doc. 2019–23522 Filed 10–30–19; 8:45 am]
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Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations
Jeff
Hunt, EPA Region 10, 1200 Sixth
Avenue, Suite 155, Seattle, WA 98101,
at (206) 553–0256, or hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
the EPA.
FOR FURTHER INFORMATION CONTACT:
I. Background
On June 13, 2019, Oregon submitted
revised Lane Regional Air Protection
Agency (LRAPA) regulations to the EPA
for approval into the Oregon SIP. On
August 14, 2019, the EPA proposed to
approve the submitted changes (84 FR
40349). The reasons for our proposed
approval were stated in the proposed
rule and will not be re-stated here. The
public comment period for our
proposed action ended on September
13, 2019. We received no comments.
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II. Final Action
The EPA is approving, and
incorporating by reference, the
submitted changes to the following
regulations, State effective May 17,
2019:
• Title 12 General Provisions and
Definitions (005, 020, 025);
• Title 31 Public Participation (0020,
0030, 0040, 0050); and
• Title 37 Air Contaminant Discharge
Permits (0010, 0020, 0030, 0040, 0090,
8020).
These changes are approved only to
the extent the requirements apply to (1)
pollutants for which National Ambient
Air Quality Standards (NAAQS) have
been established (criteria pollutants)
and precursors to those criteria
pollutants as determined by the EPA for
the applicable geographic area; and (2)
any additional pollutants that are
required to be regulated under Part C of
Title I of the CAA, but only for the
purposes of meeting or avoiding the
requirements of Part C of Title I of the
CAA.
The EPA is also approving, but not
incorporating by reference, the
submitted changes to the following
regulations, State effective May 17,
2019:
• Title 15 Enforcement Procedure and
Civil Penalties (005, 018, 020, 025, 030,
045, 055, 060), only to the extent the
rules relate to enforcement of the
requirements contained in the Oregon
SIP.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, we are finalizing the incorporation
by reference as described in the
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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.
IV. Oregon Notice Provision
Oregon Revised Statute 468.126
prohibits the Oregon Department of
Environmental Quality 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.
V. Statutory and Executive Order
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 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;
PO 00000
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• 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 address 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 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
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‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 30, 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 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
requirements, Sulfur oxides, Volatile
organic compounds.
ii. Revising entries ‘‘12–005’’, ‘‘12–
020’’, ‘‘12–025’’, ‘‘31–0020’’, ‘‘31–0030’’,
‘‘31–0040’’, ‘‘31–0050’’, ‘‘37–0010’’,
‘‘37–0020’’, ‘‘37–0030’’, ‘‘37–0040’’,
‘‘37–0090’’, ‘‘37–8020’’; and
■ iii. Revising footnote number 1; and
■ b. Paragraph (e), Table 3, is amended
by:
■ i. Removing undesignated center
heading ‘‘Title 15—Enforcement
Procedures and Civil Penalties’’ and
adding in its place ‘‘Title 15—
Enforcement Procedure and Civil
Penalties’’ and adding a reference to
footnote number 1;
■ ii. Revising entries ‘‘15–005’’, ‘‘15–
018’’, ‘‘15–020’’, ‘‘15–025’’, ‘‘15–030’’,
‘‘15–045’’, ‘‘15–055’’, and ‘‘15–060’’;
and
■ iii. Adding footnote number 1 at the
end of the table.
The revisions and additions read as
follows:
■
Authority: 42 U.S.C. 7401 et seq.
Dated: October 16, 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
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. Paragraph (c), Table 4, is amended
by:
■ i. Removing undesignated center
heading ‘‘Title 12—Definitions’’ and
adding in its place ‘‘Title 12—General
Provisions and Definitions’’;
■
■
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
§ 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 12—General Provisions and Definitions
*
12–005 .............
*
*
Definitions ......................................................
*
05/17/2019
*
*
10/31/2019, [Insert Federal Register citation].
*
*
12–020 .............
*
*
Exceptions .....................................................
*
05/17/2019
*
12–025 .............
Reference Materials ......................................
05/17/2019
*
*
10/31/2019, [Insert Federal Register citation].
10/31/2019, [Insert Federal Register citation].
*
*
*
*
*
*
*
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Title 31—Public Participation
*
31–0020 ...........
*
*
Applicability ...................................................
*
05/17/2019
31–0030 ...........
Public Notice Categories and Timing ...........
05/17/2019
31–0040 ...........
Public Notice Information ..............................
05/17/2019
31–0050 ...........
Public Notice Procedures ..............................
05/17/2019
*
*
*
*
*
10/31/2019,
tion].
10/31/2019,
tion].
10/31/2019,
tion].
10/31/2019,
tion].
*
[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita-
*
*
Title 37—Air Contaminant Discharge Permits
37–0010 ...........
Purpose .........................................................
05/17/2019
37–0020 ...........
Applicability and Jurisdiction .........................
05/17/2019
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Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations
TABLE 4—EPA APPROVED LANE REGIONAL AIR PROTECTION AGENCY (LRAPA) RULES FOR OREGON 1—Continued
State effective
date
LRAPA citation
Title/subject
*
37–0030 ...........
*
*
Definitions ......................................................
*
05/17/2019
37–0040 ...........
Application Requirements .............................
05/17/2019
*
37–0090 ...........
*
*
Sources Subject to ACDPs and Fees ..........
*
37–8020 ...........
*
*
Table 2—Air Contaminant Discharge Permit
*
*
EPA approval date
Explanations
*
*
10/31/2019, [Insert Federal Register citation].
10/31/2019, [Insert Federal Register citation].
*
*
05/17/2019
*
*
10/31/2019, [Insert Federal Register citation].
*
*
05/17/2019
*
*
10/31/2019, [Insert Federal Register citation].
*
*
*
*
*
*
1 The
EPA approves the requirements in Table 2 of this paragraph (c) only to the extent they apply to (1) pollutants for which NAAQS have
been established (criteria pollutants) and precursors to those criteria pollutants as determined by the EPA for the applicable geographic area;
and (2) any additional pollutants that are required to be regulated under Part C of Title I of the CAA, but only for the purposes of meeting or
avoiding the requirements of Part C of Title I of the CAA.
*
*
*
*
*
(e) * * *
TABLE 3—LANE REGIONAL AIR PROTECTION AGENCY REGULATIONS APPROVED BUT NOT INCORPORATED BY REFERENCE
LRAPA citation
State
effective
date
Title/subject
*
*
*
*
EPA approval date
*
*
Explanations
*
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Title 15—Enforcement Procedure and Civil Penalties 1
*
15–005 .............
*
*
Definitions ......................................................
*
05/17/2019
*
*
10/31/2019, [Insert Federal Register citation].
*
*
15–018 .............
*
05/17/2019
05/17/2019
15–025 .............
Civil Penalty Schedule Matrices ...................
05/17/2019
15–030 .............
Civil Penalty Determination Procedure (Mitigating and Aggravating Factors).
05/17/2019
*
10/31/2019,
tion].
10/31/2019,
tion].
10/31/2019,
tion].
10/31/2019,
tion].
*
15–020 .............
*
*
Notice of Permit Violations (NPV) and Exceptions.
Enforcement Actions .....................................
*
15–045 .............
*
*
Stipulated Penalties ......................................
*
05/17/2019
*
*
10/31/2019, [Insert Federal Register citation].
*
*
15–055 .............
*
*
Air Quality Classification of Violation ............
*
05/17/2019
*
*
10/31/2019, [Insert Federal Register citation].
*
*
15–060 .............
*
*
Selected Magnitude Categories ....................
*
05/17/2019
*
*
10/31/2019, [Insert Federal Register citation].
*
*
*
*
*
*
[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita-
*
*
1 The
*
EPA approves the provisions in Table 3 of this paragraph (e) only to the extent the provisions relate to enforcement of the requirements
contained in the Oregon SIP.
*
*
*
*
*
[FR Doc. 2019–23517 Filed 10–30–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Rules and Regulations]
[Pages 58327-58330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23517]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0426, FRL-10001-56-Region 10]
Air Plan Approval: Lane County, Oregon; 2019 Permitting Rule
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Oregon State Implementation Plan (SIP) submitted on
June 13, 2019. The revisions, applicable in Lane County, Oregon, update
regulations contained in the SIP to make minor syntax and renumbering
changes, add a reference to the electronic public notice option, and
update citations to reference materials such as the Code of Federal
Regulations (CFR) and the most recent Oregon Source Sampling Manual.
The EPA reviewed the submitted revisions and determined they are
consistent with Clean Air Act (CAA) requirements.
DATES: This final rule is effective December 2, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2019-0426. 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.
[[Page 58328]]
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue, Suite 155, Seattle, WA 98101, at (206) 553-0256, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it means the EPA.
I. Background
On June 13, 2019, Oregon submitted revised Lane Regional Air
Protection Agency (LRAPA) regulations to the EPA for approval into the
Oregon SIP. On August 14, 2019, the EPA proposed to approve the
submitted changes (84 FR 40349). The reasons for our proposed approval
were stated in the proposed rule and will not be re-stated here. The
public comment period for our proposed action ended on September 13,
2019. We received no comments.
II. Final Action
The EPA is approving, and incorporating by reference, the submitted
changes to the following regulations, State effective May 17, 2019:
Title 12 General Provisions and Definitions (005, 020,
025);
Title 31 Public Participation (0020, 0030, 0040, 0050);
and
Title 37 Air Contaminant Discharge Permits (0010, 0020,
0030, 0040, 0090, 8020).
These changes are approved only to the extent the requirements
apply to (1) pollutants for which National Ambient Air Quality
Standards (NAAQS) have been established (criteria pollutants) and
precursors to those criteria pollutants as determined by the EPA for
the applicable geographic area; and (2) any additional pollutants that
are required to be regulated under Part C of Title I of the CAA, but
only for the purposes of meeting or avoiding the requirements of Part C
of Title I of the CAA.
The EPA is also approving, but not incorporating by reference, the
submitted changes to the following regulations, State effective May 17,
2019:
Title 15 Enforcement Procedure and Civil Penalties (005,
018, 020, 025, 030, 045, 055, 060), only to the extent the rules relate
to enforcement of the requirements contained in the Oregon SIP.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, 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.
IV. Oregon Notice Provision
Oregon Revised Statute 468.126 prohibits the Oregon Department of
Environmental Quality 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.
V. Statutory and Executive Order 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
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 it does not address 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 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
[[Page 58329]]
``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 30, 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 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: October 16, 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. Paragraph (c), Table 4, is amended by:
0
i. Removing undesignated center heading ``Title 12--Definitions'' and
adding in its place ``Title 12--General Provisions and Definitions'';
0
ii. Revising entries ``12-005'', ``12-020'', ``12-025'', ``31-0020'',
``31-0030'', ``31-0040'', ``31-0050'', ``37-0010'', ``37-0020'', ``37-
0030'', ``37-0040'', ``37-0090'', ``37-8020''; and
0
iii. Revising footnote number 1; and
0
b. Paragraph (e), Table 3, is amended by:
0
i. Removing undesignated center heading ``Title 15--Enforcement
Procedures and Civil Penalties'' and adding in its place ``Title 15--
Enforcement Procedure and Civil Penalties'' and adding a reference to
footnote number 1;
0
ii. Revising entries ``15-005'', ``15-018'', ``15-020'', ``15-025'',
``15-030'', ``15-045'', ``15-055'', and ``15-060''; and
0
iii. Adding footnote number 1 at the end of the table.
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 date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 12--General Provisions and Definitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
12-005.................... Definitions.......... 05/17/2019 10/31/2019, [Insert
Federal Register
citation].
* * * * * * *
12-020.................... Exceptions........... 05/17/2019 10/31/2019, [Insert
Federal Register
citation].
12-025.................... Reference Materials.. 05/17/2019 10/31/2019, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 31--Public Participation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
31-0020................... Applicability........ 05/17/2019 10/31/2019, [Insert
Federal Register
citation].
31-0030................... Public Notice 05/17/2019 10/31/2019, [Insert
Categories and Federal Register
Timing. citation].
31-0040................... Public Notice 05/17/2019 10/31/2019, [Insert
Information. Federal Register
citation].
31-0050................... Public Notice 05/17/2019 10/31/2019, [Insert
Procedures. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 37--Air Contaminant Discharge Permits
----------------------------------------------------------------------------------------------------------------
37-0010................... Purpose.............. 05/17/2019 10/31/2019, [Insert
Federal Register
citation].
37-0020................... Applicability and 05/17/2019 10/31/2019, [Insert
Jurisdiction. Federal Register
citation].
[[Page 58330]]
* * * * * * *
37-0030................... Definitions.......... 05/17/2019 10/31/2019, [Insert
Federal Register
citation].
37-0040................... Application 05/17/2019 10/31/2019, [Insert
Requirements. Federal Register
citation].
* * * * * * *
37-0090................... Sources Subject to 05/17/2019 10/31/2019, [Insert
ACDPs and Fees. Federal Register
citation].
* * * * * * *
37-8020................... Table 2--Air 05/17/2019 10/31/2019, [Insert
Contaminant Federal Register
Discharge Permit. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ The EPA approves the requirements in Table 2 of this paragraph (c) only to the extent they apply to (1)
pollutants for which NAAQS have been established (criteria pollutants) and precursors to those criteria
pollutants as determined by the EPA for the applicable geographic area; and (2) any additional pollutants that
are required to be regulated under Part C of Title I of the CAA, but only for the purposes of meeting or
avoiding the requirements of Part C of Title I of the CAA.
* * * * *
(e) * * *
Table 3--Lane Regional Air Protection Agency Regulations Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
State
LRAPA citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 15--Enforcement Procedure and Civil Penalties \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
15-005.................... Definitions.......... 05/17/2019 10/31/2019, [Insert
Federal Register
citation].
* * * * * * *
15-018.................... Notice of Permit 05/17/2019 10/31/2019, [Insert
Violations (NPV) and Federal Register
Exceptions. citation].
15-020.................... Enforcement Actions.. 05/17/2019 10/31/2019, [Insert
Federal Register
citation].
15-025.................... Civil Penalty 05/17/2019 10/31/2019, [Insert
Schedule Matrices. Federal Register
citation].
15-030.................... Civil Penalty 05/17/2019 10/31/2019, [Insert
Determination Federal Register
Procedure citation].
(Mitigating and
Aggravating Factors).
* * * * * * *
15-045.................... Stipulated Penalties. 05/17/2019 10/31/2019, [Insert
Federal Register
citation].
* * * * * * *
15-055.................... Air Quality 05/17/2019 10/31/2019, [Insert
Classification of Federal Register
Violation. citation].
* * * * * * *
15-060.................... Selected Magnitude 05/17/2019 10/31/2019, [Insert
Categories. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ The EPA approves the provisions in Table 3 of this paragraph (e) only to the extent the provisions relate to
enforcement of the requirements contained in the Oregon SIP.
* * * * *
[FR Doc. 2019-23517 Filed 10-30-19; 8:45 am]
BILLING CODE 6560-50-P
