Air Plan Approval; OR: 2018 Permitting Rule Revisions, 58324-58327 [2019-23522]
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58324
§ 117.261
Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations
[Amended]
2. Amend § 117.261 by removing and
reserving paragraph (o).
■
Dated: October 22, 2019.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2019–23885 Filed 10–30–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0269, FRL–10001–
52–Region 10]
Air Plan Approval; OR: 2018 Permitting
Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Oregon State Implementation Plan
(SIP) submitted on December 11, 2018.
The revisions update the SIP to allow
for electronic public notice of proposed
major stationary source permits, add
references to stationary source sampling
requirements, make use of plain
language, and correct errors. The EPA
has determined the changes are
consistent with Clean Air Act
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–2019–0269. 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:
Kristin Hall, EPA Region 10, 1200 Sixth
Avenue, Suite 155, Seattle, WA 98101,
at (206) 553–6357, or hall.kristin@
epa.gov.
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SUMMARY:
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
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‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it refers
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 Review
I. Background
On December 11, 2018, Oregon
submitted revised regulations to the
EPA for approval into the Oregon SIP.
On July 16, 2019, we proposed to
approve the submitted changes (84 FR
33883). 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 August 15,
2019. We received two comments.
II. Response to Comment
The first comment, submitted
anonymously, supported the proposed
action. The second comment, submitted
by Oregon Business & Industry (OBI),
also supported the proposed action. In
the comment, OBI requested that we
make clear in the final rule that the
EPA’s action does not approve or
incorporate by reference into the Oregon
SIP any source obligation or regulatory
requirement under the Cleaner Air
Oregon program, regardless of whether
such obligation or regulation is included
in any sections of the Oregon
Administrative Rules or in the Source
Sampling Manual. We believe our
regulatory text amending 40 CFR part
52, subpart MM, clearly states the scope
of our approval and addresses the
comment. The full text of the comments
are in the docket for this action.
III. Final Action
The EPA is approving, and
incorporating by reference, the
submitted changes to the following
provisions, State effective November 16,
2018:
• Division 200 General Air Pollution
Procedures and Definitions (0020,
0035);
• Division 209 Public Participation
(0020, 0030, 0040, 0050); and
• Division 216 Air Contaminant
Discharge Permits (0020, 0030, 0040,
0090, 8020).
These changes are approved only to
the extent the requirements 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
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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
provisions, State effective November 16,
2018:
• Division 12 Enforcement Procedure
and Civil Penalties (0030, 0053, 0054,
0135, 0140), only to the extent the
provisions relate to enforcement of the
requirements contained in the Oregon
SIP; and
• Source Sampling Manual, Volume I,
2018 Edition, for purposes of the limits
in the Oregon SIP.
IV. Incorporation by Reference
In this document, 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 of Oregon Administrative
Rules 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
V. 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.
1 62
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Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations
VI. Statutory and Executive Order
Review
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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
application of those requirements would
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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 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)).
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58325
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 7, 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 2, is amended
by:
■ i. Revising entries ‘‘200–0020’’, ‘‘200–
0035’’, ‘‘209–0020’’, ‘‘209–0030’’, ‘‘209–
0040’’, ‘‘209–0050’’, ‘‘216–0020’’, ‘‘216–
0030’’, ‘‘216–0040’’, ‘‘216–0090’’, ‘‘216–
8020’’; and
■ ii. Revising footnote number 1; and
■ b. Paragraph (e), Table 2, is amended
by:
■ i. Revising the undesignated center
heading ‘‘Division 12—Enforcement
Procedure and Civil Penalties’’;
■ ii. Revising entries ‘‘12–0030’’, ‘‘12–
0053’’, ‘‘12–0054’’, ‘‘12–0135’’, and ‘‘12–
0140’’; and
■ iii. Adding footnote number 1 at the
end of the table; and
■ c. Paragraph (e), Table 5, is amended
by revising entry ‘‘ODEQ Source
Sampling Manual’’.
The revisions and addition read as
follows:
■
■
§ 52.1970
*
Identification of plan.
*
*
(c) * * *
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*
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Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations
TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1
State
citation
State
effective
date
Title/subject
EPA approval date
Explanations
CHAPTER 340—DEPARTMENT OF ENVIRONMENTAL QUALITY
*
*
*
*
*
*
*
Division 200—General Air Pollution Procedures and Definitions
*
200–0020 .........
*
*
General Air Quality Definitions ......................
*
11/16/2018
*
*
10/31/2019, [Insert Federal Register citation].
*
*
200–0035 .........
*
*
Reference Materials ......................................
*
11/16/2018
*
*
10/31/2019, [Insert Federal Register citation].
*
*
*
*
*
*
*
*
Division 209—Public Participation
*
209–0020 .........
*
*
Applicability ...................................................
*
11/16/2018
209–0030 .........
Public Notice Categories and Timing ...........
11/16/2018
209–0040 .........
Public Notice Information ..............................
11/16/2018
209–0050 .........
Public Notice Procedures ..............................
11/16/2018
*
*
*
*
*
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-
*
*
*
Division 216—Air Contaminant Discharge Permits
*
216–0020 .........
*
*
Applicability and Jurisdiction .........................
*
11/16/2018
*
*
10/31/2019, [Insert Federal Register citation].
*
*
216–0030 .........
*
*
Definitions ......................................................
*
11/16/2018
*
216–0040 .........
Application Requirements .............................
11/16/2018
*
*
10/31/2019, [Insert Federal Register citation].
10/31/2019, [Insert Federal Register citation].
*
216–0090 .........
*
*
Sources Subject to ACDPs and Fees ..........
*
11/16/2018
*
*
10/31/2019, [Insert Federal Register citation].
*
*
216–8020 .........
*
*
Table 2—Air Contaminant Discharge Permits.
*
11/16/2018
*
*
10/31/2019, [Insert Federal Register citation].
*
*
*
*
*
*
*
1 The
*
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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.
*
*
*
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*
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(e) * * *
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58327
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.
BILLING CODE 6560–50–P
16:45 Oct 30, 2019
10/31/2019, [Insert
Federal Register citation].
*
[FR Doc. 2019–23522 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 58324-58327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23522]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0269, FRL-10001-52-Region 10]
Air Plan Approval; OR: 2018 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
December 11, 2018. The revisions update the SIP to allow for electronic
public notice of proposed major stationary source permits, add
references to stationary source sampling requirements, make use of
plain language, and correct errors. The EPA has determined the changes
are consistent with Clean Air Act 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-2019-0269. 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: Kristin Hall, EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, at (206) 553-6357, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it refers 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 Review
I. Background
On December 11, 2018, Oregon submitted revised regulations to the
EPA for approval into the Oregon SIP. On July 16, 2019, we proposed to
approve the submitted changes (84 FR 33883). 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
August 15, 2019. We received two comments.
II. Response to Comment
The first comment, submitted anonymously, supported the proposed
action. The second comment, submitted by Oregon Business & Industry
(OBI), also supported the proposed action. In the comment, OBI
requested that we make clear in the final rule that the EPA's action
does not approve or incorporate by reference into the Oregon SIP any
source obligation or regulatory requirement under the Cleaner Air
Oregon program, regardless of whether such obligation or regulation is
included in any sections of the Oregon Administrative Rules or in the
Source Sampling Manual. We believe our regulatory text amending 40 CFR
part 52, subpart MM, clearly states the scope of our approval and
addresses the comment. The full text of the comments are in the docket
for this action.
III. Final Action
The EPA is approving, and incorporating by reference, the submitted
changes to the following provisions, State effective November 16, 2018:
Division 200 General Air Pollution Procedures and
Definitions (0020, 0035);
Division 209 Public Participation (0020, 0030, 0040,
0050); and
Division 216 Air Contaminant Discharge Permits (0020,
0030, 0040, 0090, 8020).
These changes are approved only to the extent the requirements
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.
The EPA is also approving, but not incorporating by reference, the
submitted changes to the following provisions, State effective November
16, 2018:
Division 12 Enforcement Procedure and Civil Penalties
(0030, 0053, 0054, 0135, 0140), only to the extent the provisions
relate to enforcement of the requirements contained in the Oregon SIP;
and
Source Sampling Manual, Volume I, 2018 Edition, for
purposes of the limits in the Oregon SIP.
IV. Incorporation by Reference
In this document, 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 of Oregon
Administrative Rules 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\
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\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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.
[[Page 58325]]
VI. 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 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 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 7, 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 2, is amended by:
0
i. Revising entries ``200-0020'', ``200-0035'', ``209-0020'', ``209-
0030'', ``209-0040'', ``209-0050'', ``216-0020'', ``216-0030'', ``216-
0040'', ``216-0090'', ``216-8020''; and
0
ii. Revising footnote number 1; and
0
b. Paragraph (e), Table 2, is amended by:
0
i. Revising the undesignated center heading ``Division 12--Enforcement
Procedure and Civil Penalties'';
0
ii. Revising entries ``12-0030'', ``12-0053'', ``12-0054'', ``12-
0135'', and ``12-0140''; and
0
iii. Adding footnote number 1 at the end of the table; and
0
c. Paragraph (e), Table 5, is amended by revising entry ``ODEQ Source
Sampling Manual''.
The revisions and addition read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
[[Page 58326]]
Table 2--EPA Approved Oregon Administrative Rules (OAR) \1\
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
CHAPTER 340--DEPARTMENT OF ENVIRONMENTAL QUALITY
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 200--General Air Pollution Procedures and Definitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
200-0020.................. General Air Quality 11/16/2018 10/31/2019, [Insert
Definitions. Federal Register
citation].
* * * * * * *
200-0035.................. Reference Materials.. 11/16/2018 10/31/2019, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 209--Public Participation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
209-0020.................. Applicability........ 11/16/2018 10/31/2019, [Insert
Federal Register
citation].
209-0030.................. Public Notice 11/16/2018 10/31/2019, [Insert
Categories and Federal Register
Timing. citation].
209-0040.................. Public Notice 11/16/2018 10/31/2019, [Insert
Information. Federal Register
citation].
209-0050.................. Public Notice 11/16/2018 10/31/2019, [Insert
Procedures. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 216--Air Contaminant Discharge Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
216-0020.................. Applicability and 11/16/2018 10/31/2019, [Insert
Jurisdiction. Federal Register
citation].
* * * * * * *
216-0030.................. Definitions.......... 11/16/2018 10/31/2019, [Insert
Federal Register
citation].
216-0040.................. Application 11/16/2018 10/31/2019, [Insert
Requirements. Federal Register
citation].
* * * * * * *
216-0090.................. Sources Subject to 11/16/2018 10/31/2019, [Insert
ACDPs and Fees. Federal Register
citation].
* * * * * * *
216-8020.................. Table 2--Air 11/16/2018 10/31/2019, [Insert
Contaminant Federal Register
Discharge Permits. 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) * * *
[[Page 58327]]
Table 2--Oregon Administrative Rules Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date 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................... Classification of 11/16/2018 10/31/2019, [Insert
Violations that Federal Register
Apply to all citation].
Programs.
12-0054................... Air Quality 11/16/2018 10/31/2019, [Insert
Classification of Federal Register
Violations. citation].
* * * * * * *
12-0135................... Selected Magnitude 11/16/2018 10/31/2019, [Insert
Categories. Federal Register
citation].
12-0140................... Determination of Base 11/16/2018 10/31/2019, [Insert
Penalty. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Explanations
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
EPA-Approved Manuals
----------------------------------------------------------------------------------------------------------------
ODEQ Source Sampling Manual.... State-wide........ 12/11/2018 10/31/2019, Volume I (November 2018
[Insert Federal edition) and Volume II
Register (April 2015 edition)
citation]. only for purposes of
the emission limits
and requirements
approved into the
Oregon SIP.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-23522 Filed 10-30-19; 8:45 am]
BILLING CODE 6560-50-P
