Air Plan Approval; OR; Oakridge PM2.5, 51262-51265 [2022-17867]
Download as PDF
<![CDATA[
51262
Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Rules and Regulations
The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2022–0124. 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 (15–H13), EPA Region
10, 1200 Sixth Avenue (Suite 155),
Seattle, WA 98101, at (360) 753–9081,
or duboiski.christi@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ or ‘‘our’’ is used, it refers to the
EPA.
ADDRESSES:
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(47)(iii)(C) and
(c)(74)(i)(C) to read as follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(47) * * *
(iii) * * *
(C) Previously approved on October
24, 1980, in paragraph (c)(47)(i)(A) of
this section and now deleted without
replacement Rule 111, ‘‘Equipment
Breakdown.’’
*
*
*
*
*
(74) * * *
(i) * * *
(C) Previously approved on January
27, 1981, in paragraph (c)(74)(i)(A) of
this section and now deleted without
replacement Rule 111, ‘‘Equipment
Breakdown.’’
*
*
*
*
*
[FR Doc. 2022–17936 Filed 8–19–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R10–OAR–2022–0124; FRL–9488–02–
R10]
Air Plan Approval; OR; Oakridge PM2.5
Redesignation to Attainment and
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is redesignating the
Oakridge, Oregon nonattainment area to
attainment for the 2006 24-hour fine
particulate matter (PM2.5) National
Ambient Air Quality Standard
(NAAQS). The EPA is also approving a
maintenance plan for the area that
demonstrates continued compliance
with the PM2.5 NAAQS through the year
2035, which Oregon submitted along
with the redesignation request for
inclusion into the Oregon State
Implementation Plan (SIP).
Additionally, the EPA finds adequate
and is approving the PM2.5 motor
vehicle emission budgets for the area.
Finally, the EPA is approving additional
control measures, because incorporation
of these measures will strengthen the
Oregon SIP and ensure PM2.5 emissions
reductions in the Oakridge area. The
EPA is taking these actions pursuant to
the Clean Air Act (CAA or the Act).
DATES: This action is effective on
September 21, 2022.
jspears on DSK121TN23PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:06 Aug 19, 2022
Jkt 256001
I. Background
On January 13, 2022, Oregon
submitted a request for the EPA to
redesignate the Oakridge nonattainment
area to attainment for the 2006 24-hour
PM2.5 NAAQS under section
107(d)(3)(E) of the CAA. On May 5,
2022, the EPA proposed to determine
that the Oakridge, Oregon
nonattainment area met the statutory
requirements for redesignation under
the CAA and proposed to approve, as a
revision to the Oregon SIP, the State’s
plan for maintaining the 2006 24-hour
PM2.5 NAAQS through the year 2035 (87
FR 26710). The EPA’s proposed
approval was based upon the EPA’s
determination that the area continues to
attain the 2006 24-hour PM2.5 NAAQS 1
and that all other redesignation criteria
have been met for the area. In addition,
in accordance with 40 CFR 93.118(f)(2),
the EPA proposed to find adequate and
approve the Oakridge 2015, 2025, 2030
and 2035 PM2.5 motor vehicle emission
budgets for use in transportation
conformity determinations.
An explanation of the CAA
requirements, a detailed analysis of the
submittal, and the EPA’s reasons for
approval were provided in the notice of
proposed rulemaking and will not be
restated here. The public comment
1 The EPA, 2020 Air Quality System (AQS)
Design Value Report, AMP480, accessed July 26,
2022. The Design Value Report excludes
measurements with regionally concurred
exceptional event flags.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
period closed on June 6, 2022. We
received no public comments, therefore,
we are finalizing the action as proposed.
II. Final Action
The EPA is redesignating the
Oakridge, Oregon PM2.5 area to
attainment and we are approving the
associated maintenance plan as a
revision to the Oregon SIP. The
designation status of the Oakridge,
Oregon PM2.5 area under 40 CFR part 81
will be revised to attainment upon the
effective date of this final action. We are
also finding adequate and approving the
PM2.5 motor vehicle emission budgets
included in the Oakridge maintenance
plan.
In addition, the EPA is approving and
incorporating by reference into the
Oregon SIP, the submitted revisions to
LRAPA Title 29 to reflect the Oakridge
area’s revised air quality designations,
updated area names, and shift from the
list of nonattainment areas to the list of
maintenance areas; specifically, sections
29–0010, 29–0020, 29–0030, 29–0040,
29–0050, 29–0060, 29–0070, 29–0080,
29–0090, 29–0300, 29–0310 and 29–
0320 (regulations governing the
designation of air quality areas in Lane
County, Oregon and their legal
descriptions), State effective November
18, 2021.
Finally, the EPA is approving and
incorporating into the SIP the Lane
County Code Chapter 9—Restriction on
Use of Solid Fuel Space Heating
Devices, Sections 9.120–9.140
(regulating the use of solid fuel heating
devices to reduce particulate emissions
and improve air quality), and the City of
Oakridge Ordinance No. 920—An
Ordinance Amending Section 7 of
Ordinance 914 and Adopting New
Standards for the Oakridge Air Pollution
Control Program; Section Two (3)—
Solid Fuel Burning Devices—
Prohibitions (prohibiting emissions
from solid-fuel heating devices with an
opacity greater than 20%). Upon the
effective date of this action the SIP will
contain the Oakridge Ordinance No.
920, city approved October 20, 2016
(except section 6) and the Lane County
Code Chapter 9, county approved
February 9, 2017 (except 9.145 and
9.150). Incorporation of these measures
will strengthen the Oregon SIP and
ensure PM2.5 emission reductions in the
Oakridge area.
We note, the EPA is taking separate
and final action on the Oakridge PM10
redesignation request, and maintenance
plan, which were also included in the
January 13, 2022 submission.
E:\FR\FM\22AUR1.SGM
22AUR1
Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Rules and Regulations
III. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, we are finalizing the
incorporation by reference of the
LRAPA regulatory provisions described
in section II of this preamble. 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 Clean Air
Act as of the effective date of the EPA’s
approval of the final rule, and will be
incorporated by reference in the next
update to the SIP compilation.2
IV. Statutory and Executive Order
Review
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, the EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves State law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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.);
jspears on DSK121TN23PROD with RULES
2 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:06 Aug 19, 2022
Jkt 256001
• 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).
In addition, 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 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).
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 21, 2022.
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
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
51263
enforce its requirements. (See section
307(b)(2).)
List of Subjects
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.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: August 12, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR parts 52 and 81 are
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. Amend § 52.1970:
a. In paragraph (c):
i. Amend Table 3 by:
A. Revising the entry for ‘‘City of
Oakridge Ordinance No. 920’’; and
■ B. Adding an entry for ‘‘Lane County
Code Chapter 9’’ at the end of the table;
and
■ ii. Amend Table 4 by revising the
sections entitled ‘‘Title 29—Designation
of Air Quality Areas’’ and ‘‘Designation
of Areas’’ and footnote 1; and
■ b. In paragraph (e), amend Table 5 by
adding, under the undesignated
heading, ‘‘Attainment and Maintenance
Planning—Particulate Matter (PM2.5)’’
an entry for ‘‘Oakridge PM2.5
Maintenance Plan’’ immediately after
the entry for ‘‘Updated PM2.5
Attainment Plan’’.
The revisions and additions read as
follows:
■
■
■
■
§ 52.1970
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\22AUR1.SGM
22AUR1
*
*
51264
Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Rules and Regulations
TABLE 3—EPA APPROVED CITY AND COUNTY ORDINANCES
Agency and
ordinance
Title or subject
*
City of Oakridge Ordinance No. 920.
*
*
An Ordinance Amending Section 7
of Ordinance 914 and Adopting
New Standards for the Oakridge
Air Pollution Control Program.
Restriction on Use of Solid Fuel
Space Heating Devices.
Lane County Code
Chapter 9.
EPA
approval
date
Date
*
10/20/2016 (city approved).
Explanations
*
*
8/22/2022, [INSERT
Federal Register CITATION].
2/09/2017 (county approved).
8/22/2022, [INSERT
Federal Register CITATION].
*
Except section 6.
Except sections 9.145
and 9.150.
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
*
Title 29—Designation of Air Quality Areas
29–0010 ..........
29–0020 ..........
29–0030 ..........
29–0040 ..........
29–0050 ..........
29–0060 ..........
29–0070 ..........
29–0080 ..........
29–0090 ..........
Definitions ......................................................
11/18/2021
8/22/2022,
TION].
Designation of Air Quality Control Regions ...
11/18/2021 8/22/2022,
TION].
Designation of Nonattainment Areas .............
11/18/2021 8/22/2022,
TION].
Designation of Maintenance Areas ................
11/18/2021 8/22/2022,
TION].
Designation of Prevention of Significant De11/18/2021 8/22/2022,
terioration Areas.
TION].
Redesignation of Prevention of Significant
11/18/2021 8/22/2022,
Deterioration Areas.
TION].
Special Control Areas ....................................
11/18/2021 8/22/2022,
TION].
Motor Vehicle Inspection Boundary Designa11/18/2021 8/22/2022,
tions.
TION].
Oxygenated Gasoline Control Areas .............
11/18/2021 8/22/2022,
TION].
Designation of Areas
29–0300 ..........
Designation of Sustainment Areas ................
11/18/2021
29–0310 ..........
Designation of Reattainment Areas ...............
11/18/2021
29–0320 ..........
Priority Sources ..............................................
11/18/2021
*
*
*
*
[INSERT Federal Register CITA[INSERT Federal Register CITA[INSERT Federal Register CITA[INSERT Federal Register CITA[INSERT Federal Register CITA[INSERT Federal Register CITA[INSERT Federal Register CITA[INSERT Federal Register CITA[INSERT Federal Register CITA-
8/22/2022, [INSERT Federal Register CITATION].
8/22/2022, [INSERT Federal Register CITATION].
8/22/2022, [INSERT Federal Register CITATION].
*
*
*
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 Titles I of the CAA.
*
*
*
*
*
(e) * * *
TABLE 5—STATE OF OREGON AIR QUALITY CONTROL PROGRAM APPROVED BUT NOT INCORPORATED BY REFERENCE
Applicable
geographic or
nonattainment area
jspears on DSK121TN23PROD with RULES
Name of SIP provision
*
State
submittal
date
*
*
EPA approval date
*
Attainment and Maintenance Planning—Particulate Matter (PM2.5)
VerDate Sep<11>2014
16:06 Aug 19, 2022
Jkt 256001
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
E:\FR\FM\22AUR1.SGM
22AUR1
Explanations
51265
Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Rules and Regulations
TABLE 5—STATE OF OREGON AIR QUALITY CONTROL PROGRAM APPROVED BUT NOT INCORPORATED BY REFERENCE—
Continued
Applicable
geographic or
nonattainment area
Name of SIP provision
*
Oakridge PM2.5 Maintenance
Plan.
*
State
submittal
date
*
Oakridge-Westfir ....................
*
*
EPA approval date
*
1/13/2022
*
8/22/2022, [INSERT Federal Register CITATION].
*
*
*
Authority: 42 U.S.C. 7401 et seq.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. In § 81.338, amend the table
entitled ‘‘Oregon—2006 24-Hour PM2.5
NAAQS’’ by revising the entry for ‘‘Lane
■
3. The authority citation for part 81
continues to read as follows:
■
Explanations
*
County (part)’’ immediately after
‘‘Oakridge, OR:’’ to read as follows:
§ 81.338
*
*
Oregon.
*
*
*
OREGON—2006 24-HOUR PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
*
*
*
Oakridge, OR:
Lane County (part) ...................................................................................
Boundary is defined as a line from Township 21 South, Range 2
East, Section 11 (northwest corner) east to Township 21 South,
Range 3 East, Section 11 (northeast corner), south to Township
21 South, Range 3 East, Section 23 (southeast corner), west to
Township 21 South, Range 2 East, Section 23 (southwest corner) connecting back to Township 21 South, Range 2 East,
Section 11 (northwest corner).
*
*
Date 2
Type
Type
*
8/22/2022 .......
*
Attainment.
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
date is 30 days after November 13, 2009, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
1 This
*
*
*
*
*
[FR Doc. 2022–17867 Filed 8–19–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R10–OAR–2022–0125; FRL–9489–02–
R10]
Air Plan Approval; OR; Oakridge PM10
Redesignation to Attainment and
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jspears on DSK121TN23PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is redesignating the
Oakridge, Oregon nonattainment area to
attainment for the 1987 National
Ambient Air Quality Standard for
particulate matter of 10 microns or less
SUMMARY:
VerDate Sep<11>2014
16:06 Aug 19, 2022
Jkt 256001
(PM10 NAAQS). The EPA is also
approving a maintenance plan for the
area that demonstrates continued
compliance with the PM10 NAAQS
through the year 2035, which Oregon
submitted, along with the redesignation
request, for inclusion into the Oregon
State Implementation Plan (SIP).
Additionally, the EPA finds adequate
and is approving the PM10 motor vehicle
emission budgets for the area. The EPA
is taking these actions pursuant to the
Clean Air Act (CAA or the Act).
DATES: This action is effective on
September 21, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2022–0125. 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
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
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 (15–H13), EPA Region
10, 1200 Sixth Avenue (Suite 155),
Seattle, WA 98101, at (360) 753–9081,
or duboiski.christi@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ or ‘‘our’’ is used, it refers to the
EPA.
I. Background
On January 13, 2022, Oregon
submitted a request for the EPA to
redesignate the Oakridge nonattainment
area to attainment for the 1987 24-hour
E:\FR\FM\22AUR1.SGM
22AUR1
]]>Agencies
[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Rules and Regulations]
[Pages 51262-51265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17867]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R10-OAR-2022-0124; FRL-9488-02-R10]
Air Plan Approval; OR; Oakridge PM2.5 Redesignation to Attainment
and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is redesignating the
Oakridge, Oregon nonattainment area to attainment for the 2006 24-hour
fine particulate matter (PM2.5) National Ambient Air Quality
Standard (NAAQS). The EPA is also approving a maintenance plan for the
area that demonstrates continued compliance with the PM2.5
NAAQS through the year 2035, which Oregon submitted along with the
redesignation request for inclusion into the Oregon State
Implementation Plan (SIP). Additionally, the EPA finds adequate and is
approving the PM2.5 motor vehicle emission budgets for the
area. Finally, the EPA is approving additional control measures,
because incorporation of these measures will strengthen the Oregon SIP
and ensure PM2.5 emissions reductions in the Oakridge area.
The EPA is taking these actions pursuant to the Clean Air Act (CAA or
the Act).
DATES: This action is effective on September 21, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2022-0124. 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 (15-H13), EPA Region
10, 1200 Sixth Avenue (Suite 155), Seattle, WA 98101, at (360) 753-
9081, or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' or
``our'' is used, it refers to the EPA.
I. Background
On January 13, 2022, Oregon submitted a request for the EPA to
redesignate the Oakridge nonattainment area to attainment for the 2006
24-hour PM2.5 NAAQS under section 107(d)(3)(E) of the CAA.
On May 5, 2022, the EPA proposed to determine that the Oakridge, Oregon
nonattainment area met the statutory requirements for redesignation
under the CAA and proposed to approve, as a revision to the Oregon SIP,
the State's plan for maintaining the 2006 24-hour PM2.5
NAAQS through the year 2035 (87 FR 26710). The EPA's proposed approval
was based upon the EPA's determination that the area continues to
attain the 2006 24-hour PM2.5 NAAQS \1\ and that all other
redesignation criteria have been met for the area. In addition, in
accordance with 40 CFR 93.118(f)(2), the EPA proposed to find adequate
and approve the Oakridge 2015, 2025, 2030 and 2035 PM2.5
motor vehicle emission budgets for use in transportation conformity
determinations.
---------------------------------------------------------------------------
\1\ The EPA, 2020 Air Quality System (AQS) Design Value Report,
AMP480, accessed July 26, 2022. The Design Value Report excludes
measurements with regionally concurred exceptional event flags.
---------------------------------------------------------------------------
An explanation of the CAA requirements, a detailed analysis of the
submittal, and the EPA's reasons for approval were provided in the
notice of proposed rulemaking and will not be restated here. The public
comment period closed on June 6, 2022. We received no public comments,
therefore, we are finalizing the action as proposed.
II. Final Action
The EPA is redesignating the Oakridge, Oregon PM2.5 area
to attainment and we are approving the associated maintenance plan as a
revision to the Oregon SIP. The designation status of the Oakridge,
Oregon PM2.5 area under 40 CFR part 81 will be revised to
attainment upon the effective date of this final action. We are also
finding adequate and approving the PM2.5 motor vehicle
emission budgets included in the Oakridge maintenance plan.
In addition, the EPA is approving and incorporating by reference
into the Oregon SIP, the submitted revisions to LRAPA Title 29 to
reflect the Oakridge area's revised air quality designations, updated
area names, and shift from the list of nonattainment areas to the list
of maintenance areas; specifically, sections 29-0010, 29-0020, 29-0030,
29-0040, 29-0050, 29-0060, 29-0070, 29-0080, 29-0090, 29-0300, 29-0310
and 29-0320 (regulations governing the designation of air quality areas
in Lane County, Oregon and their legal descriptions), State effective
November 18, 2021.
Finally, the EPA is approving and incorporating into the SIP the
Lane County Code Chapter 9--Restriction on Use of Solid Fuel Space
Heating Devices, Sections 9.120-9.140 (regulating the use of solid fuel
heating devices to reduce particulate emissions and improve air
quality), and the City of Oakridge Ordinance No. 920--An Ordinance
Amending Section 7 of Ordinance 914 and Adopting New Standards for the
Oakridge Air Pollution Control Program; Section Two (3)--Solid Fuel
Burning Devices--Prohibitions (prohibiting emissions from solid-fuel
heating devices with an opacity greater than 20%). Upon the effective
date of this action the SIP will contain the Oakridge Ordinance No.
920, city approved October 20, 2016 (except section 6) and the Lane
County Code Chapter 9, county approved February 9, 2017 (except 9.145
and 9.150). Incorporation of these measures will strengthen the Oregon
SIP and ensure PM2.5 emission reductions in the Oakridge
area.
We note, the EPA is taking separate and final action on the
Oakridge PM10 redesignation request, and maintenance plan,
which were also included in the January 13, 2022 submission.
[[Page 51263]]
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with the
requirements of 1 CFR 51.5, we are finalizing the incorporation by
reference of the LRAPA regulatory provisions described in section II of
this preamble. 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 Clean Air Act as of the effective date of the EPA's
approval of the final rule, and will be incorporated by reference in
the next update to the SIP compilation.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Review
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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).
In addition, 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 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 21, 2022. 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
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.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 12, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR parts 52 and 81
are 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. Amend Sec. 52.1970:
0
a. In paragraph (c):
0
i. Amend Table 3 by:
0
A. Revising the entry for ``City of Oakridge Ordinance No. 920''; and
0
B. Adding an entry for ``Lane County Code Chapter 9'' at the end of the
table; and
0
ii. Amend Table 4 by revising the sections entitled ``Title 29--
Designation of Air Quality Areas'' and ``Designation of Areas'' and
footnote 1; and
0
b. In paragraph (e), amend Table 5 by adding, under the undesignated
heading, ``Attainment and Maintenance Planning--Particulate Matter
(PM2.5)'' an entry for ``Oakridge PM2.5
Maintenance Plan'' immediately after the entry for ``Updated
PM2.5 Attainment Plan''.
The revisions and additions read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
[[Page 51264]]
Table 3--EPA Approved City and County Ordinances
----------------------------------------------------------------------------------------------------------------
Agency and ordinance Title or subject Date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
City of Oakridge Ordinance No. An Ordinance 10/20/2016 (city 8/22/2022, [INSERT Except section 6.
920. Amending Section approved). Federal Register
7 of Ordinance CITATION].
914 and Adopting
New Standards for
the Oakridge Air
Pollution Control
Program.
Lane County Code Chapter 9...... Restriction on Use 2/09/2017 (county 8/22/2022, [INSERT Except sections
of Solid Fuel approved). Federal Register 9.145 and 9.150.
Space Heating CITATION].
Devices.
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 29--Designation of Air Quality Areas
----------------------------------------------------------------------------------------------------------------
29-0010......................... Definitions........ 11/18/2021 8/22/2022, [INSERT
Federal Register
CITATION].
29-0020......................... Designation of Air 11/18/2021 8/22/2022, [INSERT
Quality Control Federal Register
Regions. CITATION].
29-0030......................... Designation of 11/18/2021 8/22/2022, [INSERT
Nonattainment Federal Register
Areas. CITATION].
29-0040......................... Designation of 11/18/2021 8/22/2022, [INSERT
Maintenance Areas. Federal Register
CITATION].
29-0050......................... Designation of 11/18/2021 8/22/2022, [INSERT
Prevention of Federal Register
Significant CITATION].
Deterioration
Areas.
29-0060......................... Redesignation of 11/18/2021 8/22/2022, [INSERT
Prevention of Federal Register
Significant CITATION].
Deterioration
Areas.
29-0070......................... Special Control 11/18/2021 8/22/2022, [INSERT
Areas. Federal Register
CITATION].
29-0080......................... Motor Vehicle 11/18/2021 8/22/2022, [INSERT
Inspection Federal Register
Boundary CITATION].
Designations.
29-0090......................... Oxygenated Gasoline 11/18/2021 8/22/2022, [INSERT
Control Areas. Federal Register
CITATION].
Designation of Areas
----------------------------------------------------------------------------------------------------------------
29-0300......................... Designation of 11/18/2021 8/22/2022, [INSERT
Sustainment Areas. Federal Register
CITATION].
29-0310......................... Designation of 11/18/2021 8/22/2022, [INSERT
Reattainment Areas. Federal Register
CITATION].
29-0320......................... Priority Sources... 11/18/2021 8/22/2022, [INSERT
Federal Register
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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 Titles I of the CAA.
* * * * *
(e) * * *
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
----------------------------------------------------------------------------------------------------------------
* * * *
----------------------------------------------------------------------------------------------------------------
Attainment and Maintenance Planning--Particulate Matter (PM)
----------------------------------------------------------------------------------------------------------------
[[Page 51265]]
* * * *
Oakridge PM2.5 Maintenance Plan. Oakridge-Westfir... 1/13/2022 8/22/2022, [INSERT
Federal Register
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.338, amend the table entitled ``Oregon--2006 24-Hour
PM2.5 NAAQS'' by revising the entry for ``Lane County
(part)'' immediately after ``Oakridge, OR:'' to read as follows:
Sec. 81.338 Oregon.
* * * * *
Oregon--2006 24-Hour PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area ----------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * *
Oakridge, OR:
Lane County (part)....... 8/22/2022.......... Attainment.........
Boundary is defined
as a line from
Township 21 South,
Range 2 East,
Section 11
(northwest corner)
east to Township 21
South, Range 3 East,
Section 11
(northeast corner),
south to Township 21
South, Range 3 East,
Section 23
(southeast corner),
west to Township 21
South, Range 2 East,
Section 23
(southwest corner)
connecting back to
Township 21 South,
Range 2 East,
Section 11
(northwest corner).
* * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
[FR Doc. 2022-17867 Filed 8-19-22; 8:45 am]
BILLING CODE 6560-50-P
