Air Plan Approval; OR; Emission Standard Definition Rule Revision, 35198-35201 [2020-10229]
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Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Rules and Regulations
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
§ 721.11344 Phosphonium, tributylethyl-,
diethyl phosphate (1:1).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
phosphonium, tributylethyl-, diethyl
phosphate (1:1) (PMN P–19–29, CAS
No. 20445–94–7) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(j).
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=51.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
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§ 721.11345
(generic).
Hydrochlorofluoroolefin
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as hydrochlorofluoroolefin
(PMN P–19–62) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(j).
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
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(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
[FR Doc. 2020–10986 Filed 6–8–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0640, FRL–10007–
75–Region10]
Air Plan Approval; OR; Emission
Standard Definition Rule Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Oregon State Implementation Plan
(SIP) submitted on September 5, 2019.
The submission revises the SIP to
incorporate by reference a more recent
update to the emission standards for
specific industries by defining the
specific Code of Federal Regulations
(CFR) edition referenced throughout the
revised rule. The EPA is also approving
non-substantive revisions to the SIP to
correct typographical errors. The EPA
has determined the changes are
consistent with Clean Air Act
requirements.
DATES: This final rule is effective July 9,
2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2019–0640. 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.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Christi Duboiski, EPA Region 10, 1200
6th Avenue—Suite 155, Seattle, WA
98101, at (360) 753–9081, or
duboiski.christi@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
the EPA.
I. Background
On September 5, 2019, Oregon
submitted a revised regulation to the
EPA for approval into the Oregon SIP.
On February 7, 2020, we proposed to
approve the submitted changes (85 FR
7262). The reasons for our proposed
approval were stated in the proposed
rule and will not be re-stated here.
II. Response to Comment
The public comment period for our
proposed action ended on March 9,
2020. We received one comment,
submitted anonymously, which
generally supported the proposed
action. The commenter also expressed
the opinion that environmental wellbeing ought to take on more significance
in government policy decisions. The
EPA has reviewed the comment and we
consider the comment to be outside the
scope of this action or a generalized
critique of the EPA. We do not consider
this comment to be adverse to this
action. The comment lacks the required
specificity to the proposed SIP revision
and the relevant requirements of Clean
Air Act (CAA) section 110. Moreover,
the comment does not address a specific
regulation or provision in question or
recommend a different action on the SIP
submission from what ‘‘we’’ proposed.
Therefore, we are finalizing our action
as proposed. The full text of the
comment is in the docket for this action.
III. Final Action
The EPA is approving, and
incorporating by reference into the
Oregon SIP, the submitted change to
OAR Chapter 340, Division 236
Emission Standards for Specific
Industries, Section 0010 Definitions,
State effective July 19, 2019. The EPA is
also approving the corrected
typographical errors as a
‘‘housekeeping’’ exercise.
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
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Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Rules and Regulations
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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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
1 The EPA approves the requirements in Table 4
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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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 August 10, 2020. 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
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35199
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: May 7, 2020.
Christopher 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. In paragraph (c):
i. Amend table 2 by:
A. Revising the entries ‘‘236–0010’’
and ‘‘256–0330’’; and
■ B. Removing the heading ‘‘Oregon
Department of Forestry—Chapter 629’’
and adding in its place the heading
‘‘Chapter 629—Oregon Department of
Forestry’’, removing the heading
‘‘Department of Oregon State Police’’
and adding in its place the heading
‘‘Department of State Police’’, and
removing the heading ‘‘Office of State
Fire Marshall—Chapter 837’’ and
adding in its place the heading ‘‘Chapter
837—Office of State Fire Marshall’’;
■ ii. Amend table 4 by revising the table
heading and footnote number 1; and
■ b. In paragraph (e):
■ i. Table 2 is amended by revising the
entry for ‘‘011–0010’’; and
■ ii. Table 5 is amended by:
■ A. Under the heading ‘‘Attainment
and Maintenance Planning—Particulate
Matter (PM10)’’, revising the third entry
for ‘‘PM10 Attainment Plan’’
‘‘LaGrande’’; and
■ B. Under the heading ‘‘Section 5—
Control Strategies for Attainment and
Nonattainment Areas’’ revising the entry
‘‘Motor Vehicle Inspection and
Maintenance’’.
The revisions read as follows:
■
■
■
■
§ 52.1970
*
Identification of plan.
*
*
(c) * * *
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*
35200
Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / 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 236—Emission Standards for Specific Industries
*
236–0010 .......
*
*
Definitions .......................................................
*
*
*
07/19/2019
*
*
*
6/9/2020, [Insert Federal Register citation] ..
*
*
*
*
*
*
*
*
Division 256—Motor Vehicles
*
*
*
*
Emission Control System Inspection
*
256–0330 .......
*
*
Department of Defense Personnel Participating in the Privately Owned Vehicle Import Control Program.
*
*
*
10/14/1999
*
*
*
*
11/22/2004, 69 FR 67819 ..............................
*
*
*
*
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 the SIP-approved requirements.
*
*
*
*
*
TABLE 4—EPA APPROVED LANE REGIONAL AIR PROTECTION AGENCY (LRAPA) RULES FOR LANE COUNTY, OREGON 1
LRAPA citation
State
effective date
Title/subject
*
*
*
*
EPA approval date
*
*
Explanations
*
1 The EPA’s approves the requirements in Table 4 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 Titles I of the CAA.
*
*
*
*
*
(e) * * *
TABLE 2—OREGON ADMINISTRATIVE RULES APPROVED BUT NOT INCORPORATED BY REFERENCE
State citation
State effective
date
Title/subject
*
*
*
*
EPA approval date
*
*
Explanations
*
Division 11—Rules of General Applicability and Organization
*
011–0010 .......
*
*
Notice of Rulemaking .....................................
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*
*
*
*
*
VerDate Sep<11>2014
*
*
1/06/2014
*
*
*
*
10/23/2015, 80 FR 64346 ..............................
*
*
*
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*
35201
Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Rules and Regulations
TABLE 5—STATE OF OREGON AIR QUALITY CONTROL PROGRAM APPROVED BUT NOT INCORPORATED BY REFERENCE
Applicable
geographic or
nonattainment area
Name of SIP provision
*
*
State submittal date
*
*
EPA approval date
*
*
Explanations
*
Attainment and Maintenance Planning-Particulate Matter (PM10)
*
*
PM10 Attainment Plan ..................
*
*
La Grande ..............
*
*
*
*
11/15/1991 .................................. 2/15/1995, 60 FR 8563 ...............
*
*
*
*
*
*
Section 5—Control Strategies for Attainment and Nonattainment Areas
Motor Vehicle Inspection
Maintenance.
*
*
*
and
Statewide ...............
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Parts 302, 303, 305, 307, and
309
RIN 0970–AC75
Child Support
Office of Child Support
Enforcement (OCSE), Administration for
Children and Families (ACF),
Department of Health and Human
Services (HHS).
ACTION: Final rule; technical corrections.
AGENCY:
This rule is intended to
eliminate regulations that are outdated
or unnecessary and to make technical
amendments to the Flexibility,
Efficiency, and Modernization in Child
Support Enforcement (FEM) final rule,
published on December 20, 2016,
including to amend the compliance date
for review and adjustment of child
support orders. The Office of Child
Support Enforcement is also making
conforming amendments to the
regulations as a result of the Bipartisan
Budget Act of 2018.
DATES: This final rule is effective on July
9, 2020. The compliance dates, or the
dates that States must comply with the
final rule, differ among the various
sections of the Federal regulations. The
reasons for delaying compliance dates
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SUMMARY:
22:41 Jun 08, 2020
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*
11/22/2004, 69 FR 67819 ...........
*
include State legislative changes, system
modifications, procedural updates, etc.
For more information on compliance
dates, see SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: The
OCSE Division of Policy and Training at
OCSE.DPT@acf.hhs.gov. Deaf and
hearing impaired individuals may call
the Federal Dual Party Relay Service at
1–800–877–8339 between 8 a.m. and 7
p.m. Eastern Time.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. 2020–10229 Filed 6–8–20; 8:45 am]
VerDate Sep<11>2014
11/05/1999; 9/15/2000; 1/27/
2000; 1/10/2003; and 4/22/
2004.
Compliance Dates
The compliance date, or the date by
which the States must follow the rule,
will be August 10, 2020 except, as noted
below:
• Review and adjustment of child
support orders [45 CFR 303.8(b)(7)(ii)]:
For those States that consider
incarceration to be voluntary
unemployment, this final rule will delay
the compliance date for sending notices
[45 CFR 303.8(b)(7)(ii)] to 1 year after
completion of the first quadrennial
review of the State’s guidelines that
commences on or after December 21,
2017.
• Annual collection fee for
individuals not receiving title IV–A
assistance [45 CFR 302.33(e)]: The
compliance date is October 1, 2018
unless the Secretary of Health and
Human Services determines that State
legislation (other than legislation
appropriating funds) is required for a
State to meet the requirements in
section 454(6)(B)(ii) of the Social
Security Act [42 U.S.C. 654(6)(B)(ii)]. In
such a case, the State shall not be
regarded as failing to meet such
requirements before the first day of the
first calendar quarter beginning after the
first regular session of the State
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*
*
legislature that begins after February 9,
2018. For the purposes of determining
this date, for States with a 2-year
legislative session, each year of the
session is deemed to be a separate
regular session of the State legislature.
• Quarterly wage and unemployment
compensation claims reporting to the
National Directory of New Hires [45 CFR
303.108(c)]: The compliance date for
reporting quarterly wage information is
1 year after the publication of the final
rule. However, if State law revisions are
needed, the compliance date is the first
day of the second calendar quarter
beginning after the close of the first
regular session of the State legislature
that begins after July 9, 2020.
• Functional requirements for
computerized support enforcement
systems in operation by October 1, 2000
[45 CFR 307.11(c)(3)(i) and(ii)]: The
compliance date for system
enhancements to add Social Security
Retirement (SSR) with concurrent
Supplemental Security Income (SSI) to
prevent garnishment of these funds from
the noncustodial parent’s financial
account will be February 4, 2021.
I. Statutory Authority
This final rule is published under the
authority granted to the Secretary of
Health and Human Services by section
1102 of the Social Security Act (Act) [42
U.S.C. 1302]. Section 1102 of the Act
authorizes the Secretary to publish
regulations, not inconsistent with the
Act, as may be necessary for the
efficient administration of the functions
for which the Secretary is responsible
under the Act. Additionally, the
Secretary has authority under section
452(a)(1) of the Act [42 U.S.C. 652(a)(1)],
through a designee, to ‘‘establish such
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]]>Agencies
[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Rules and Regulations]
[Pages 35198-35201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10229]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0640, FRL-10007-75-Region10]
Air Plan Approval; OR; Emission Standard Definition Rule Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Oregon State Implementation Plan (SIP) submitted on
September 5, 2019. The submission revises the SIP to incorporate by
reference a more recent update to the emission standards for specific
industries by defining the specific Code of Federal Regulations (CFR)
edition referenced throughout the revised rule. The EPA is also
approving non-substantive revisions to the SIP to correct typographical
errors. The EPA has determined the changes are consistent with Clean
Air Act requirements.
DATES: This final rule is effective July 9, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2019-0640. 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, EPA Region 10, 1200
6th Avenue--Suite 155, Seattle, WA 98101, at (360) 753-9081, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, it means the EPA.
I. Background
On September 5, 2019, Oregon submitted a revised regulation to the
EPA for approval into the Oregon SIP. On February 7, 2020, we proposed
to approve the submitted changes (85 FR 7262). The reasons for our
proposed approval were stated in the proposed rule and will not be re-
stated here.
II. Response to Comment
The public comment period for our proposed action ended on March 9,
2020. We received one comment, submitted anonymously, which generally
supported the proposed action. The commenter also expressed the opinion
that environmental well-being ought to take on more significance in
government policy decisions. The EPA has reviewed the comment and we
consider the comment to be outside the scope of this action or a
generalized critique of the EPA. We do not consider this comment to be
adverse to this action. The comment lacks the required specificity to
the proposed SIP revision and the relevant requirements of Clean Air
Act (CAA) section 110. Moreover, the comment does not address a
specific regulation or provision in question or recommend a different
action on the SIP submission from what ``we'' proposed. Therefore, we
are finalizing our action as proposed. The full text of the comment is
in the docket for this action.
III. Final Action
The EPA is approving, and incorporating by reference into the
Oregon SIP, the submitted change to OAR Chapter 340, Division 236
Emission Standards for Specific Industries, Section 0010 Definitions,
State effective July 19, 2019. The EPA is also approving the corrected
typographical errors as a ``housekeeping'' exercise.
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
[[Page 35199]]
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\ The EPA approves the requirements in Table 4 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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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 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 August 10, 2020. 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: May 7, 2020.
Christopher 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):
0
i. Amend table 2 by:
0
A. Revising the entries ``236-0010'' and ``256-0330''; and
0
B. Removing the heading ``Oregon Department of Forestry--Chapter 629''
and adding in its place the heading ``Chapter 629--Oregon Department of
Forestry'', removing the heading ``Department of Oregon State Police''
and adding in its place the heading ``Department of State Police'', and
removing the heading ``Office of State Fire Marshall--Chapter 837'' and
adding in its place the heading ``Chapter 837--Office of State Fire
Marshall'';
0
ii. Amend table 4 by revising the table heading and footnote number 1;
and
0
b. In paragraph (e):
0
i. Table 2 is amended by revising the entry for ``011-0010''; and
0
ii. Table 5 is amended by:
0
A. Under the heading ``Attainment and Maintenance Planning--Particulate
Matter (PM10)'', revising the third entry for
``PM10 Attainment Plan'' ``LaGrande''; and
0
B. Under the heading ``Section 5--Control Strategies for Attainment and
Nonattainment Areas'' revising the entry ``Motor Vehicle Inspection and
Maintenance''.
The revisions read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
[[Page 35200]]
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 236--Emission Standards for Specific Industries
----------------------------------------------------------------------------------------------------------------
* * * * * * *
236-0010................ Definitions.......... 07/19/2019 6/9/2020, [Insert ........................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 256--Motor Vehicles
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Emission Control System Inspection
----------------------------------------------------------------------------------------------------------------
* * * * * * *
256-0330................ Department of Defense 10/14/1999 11/22/2004, 69 FR ........................
Personnel 67819.
Participating in the
Privately Owned
Vehicle Import
Control Program.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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 the SIP-approved requirements.
* * * * *
Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules for Lane County, Oregon \1\
----------------------------------------------------------------------------------------------------------------
State
LRAPA citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ The EPA's approves the requirements in Table 4 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 Titles I of the CAA.
* * * * *
(e) * * *
Table 2--Oregon Administrative Rules Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 11--Rules of General Applicability and Organization
----------------------------------------------------------------------------------------------------------------
* * * * * * *
011-0010................ Notice of Rulemaking. 1/06/2014 10/23/2015, 80 FR ........................
64346.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[[Page 35201]]
Table 5--State of Oregon Air Quality Control Program Approved but Not Incorporated by Reference
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Applicable geographic or
Name of SIP provision nonattainment area State submittal date EPA approval date Explanations
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* * * * * * *
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Attainment and Maintenance Planning-Particulate Matter (PM)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
PM10 Attainment Plan............... La Grande...................... 11/15/1991................. 2/15/1995, 60 FR 8563...... ........................
* * * * * * *
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Section 5--Control Strategies for Attainment and Nonattainment Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
Motor Vehicle Inspection and Statewide...................... 11/05/1999; 9/15/2000; 1/27/ 11/22/2004, 69 FR 67819.... ........................
Maintenance. 2000; 1/10/2003; and 4/22/
2004.
* * * * * * *
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* * * * *
[FR Doc. 2020-10229 Filed 6-8-20; 8:45 am]
BILLING CODE 6560-50-P
