Air Plan Approval; OR; Updates to Materials Incorporated by Reference, 77720-77722 [2022-27490]
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Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Rules and Regulations
Attorney General, and the Secretary of
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such actions, including promulgating rules
and regulations, and to employ all powers
granted to the President by the FSA or IEEPA
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consultation with the Secretary of State, is
hereby authorized to submit recurring and
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emergency declared in this order, consistent
with section 401(c) of the NEA (50 U.S.C.
1641(c)) and section 204(c) of IEEPA (50
U.S.C. 1703(c)).
Sec. 12. (a) Nothing in this order shall be
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thereof; or
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any party against the United States, its
departments, agencies, or entities, its officers,
employees, or agents, or any other person.
JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
December 15, 2021.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2022–27466 Filed 12–19–22; 8:45 am]
BILLING CODE 4810–AL–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2022–0740; FRL–10172–
01–R10]
Air Plan Approval; OR; Updates to
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the regulatory
materials incorporated by reference into
the Oregon State Implementation Plan
(SIP). The regulations addressed in this
action were previously submitted by the
Oregon Department of Environmental
Quality (ODEQ) and approved by the
EPA in prior rulemakings. In this action,
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SUMMARY:
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the EPA is also notifying the public of
corrections to typographical errors, and
minor formatting changes to the
incorporation by reference tables. This
update affects the SIP materials that are
available for public inspection at the
National Archives and Records
Administration and the EPA Regional
Office.
DATES: This action is effective December
20, 2022.
ADDRESSES: SIP materials which are
incorporated by reference into the Code
of Federal Regulations (CFR) at 40 CFR
part 52 are available for inspection at
the following locations: online at
www.regulations.gov in the docket for
this action, by appointment at the EPA
Region 10, 1200 Sixth Avenue, Suite
155, Seattle, WA 98101, and by
appointment at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at the EPA Regional Office,
please contact the person in the FOR
FURTHER INFORMATION CONTACT section of
this document. For information on the
availability of this material at NARA,
NARA, email fr.inspection@nara.gov, or
go to: www.archives.gov/federalregister/cfr/ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Christi Duboiski, EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA
98101, (360) 753–9081, or
duboiski.christi@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document revised
by the State as necessary to address its
unique air pollution problems in a
manner consistent with requirements of
section 110 of the Clean Air Act (CAA),
42 U.S.C. 7410. Therefore, from time to
time, the EPA must take action on SIP
revisions containing new and/or revised
regulations, approving and
incorporating them by reference into the
SIP. On May 22, 1997, the EPA revised
the procedures for incorporating by
reference federally approved SIP
provisions, as a result of consultations
between the EPA and the Office of the
Federal Register (OFR) (62 FR 27968).
The description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format is
discussed in further detail in the May
22, 1997, Federal Register document.
On December 10, 2013, the EPA
published a Federal Register document
beginning the new IBR procedure for
Oregon (78 FR 74012). The EPA
subsequently published an update to the
IBR materials for Oregon on April 10,
2019 (84 FR 14272). Since then, the EPA
has approved and incorporated by
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reference several provisions of the
Oregon Revised Statutes (ORS), Oregon
Administrative Rules (OAR), Lane
Regional Clean Air Protection Agency
(LRAPA) rules, and City and County
Ordinances into the Oregon SIP. The
following Federal Register documents
contain the provisions that EPA
approved and incorporated by reference:
84 FR 26347, June 6, 2019; 84 FR 58324,
October 31, 2019; 84 FR 58327, October
31, 2019; 85 FR 35198, June 9, 2020; 86
FR 27976, May 25, 2021; 86 FR 43954,
August 11, 2021; 87 FR 29046, May 12,
2022; 87 FR 41256, July 12, 2022; 87 FR
51262, August 22, 2022; and 87 FR
51265, August 22, 2022.
II. EPA Action
In this action, the EPA is announcing
the update to the Oregon materials
approved and incorporated by reference
into the Oregon SIP at 40 CFR
52.1970(c) as of August 31, 2022. The
EPA is also correcting minor
typographical errors, including
correcting the federal citation for the
June 9, 2020 approval of OAR 340–236–
0010 Definitions (definitions for
emission standards for specific
industries) from ‘‘85 FR 33198’’ to ‘‘85
FR 35198’’; correcting typographical
errors to entry OAR 340–256–0330 to
reflect corrected information and finally
correcting Table 4, footnote 1 to replace
the word ‘‘Titles’’ with the word
‘‘Title’’. Lastly, in subsection 52.1970
(e), the EPA is revising the heading for
Table 5 to better reflect the content of
the table.
The EPA has determined that this
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedures Act (APA),
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation, and section
553(d)(3), which allows an agency to
make an action effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s rule simply codifies
provisions, which are already in effect
as a matter of law in Federal and
approved State programs. Under section
553 of the APA, an agency may find
good cause where procedures are
‘‘impractical, unnecessary, or contrary
to the public interest.’’ Public comment
is ‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
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incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is updating its
compilation of State and local rules
included in the Oregon SIP by finalizing
the incorporation by reference of
previously EPA-approved regulations
promulgated by Oregon and federally
approved prior to August 31, 2022.
These include new and revised
provisions as contained in the Federal
Register documents listed in section I of
this preamble. Lastly, the EPA is also
correcting typographical errors in
52.1970(c) as described in section II of
this preamble. The EPA has made, and
will continue to make, these materials
generally available through
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).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act (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);
• 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);
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• 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 as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Alaska
regulations described in sections I and
II of this preamble. The EPA has made,
and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
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).
The EPA has also determined that the
provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial
review are not applicable to this action.
Prior EPA rulemaking actions for each
individual component of the Oregon SIP
compilations had previously afforded
interested parties the opportunity to file
a petition for judicial review in the
United States Court of Appeals for the
appropriate circuit within 60 days of
such rulemaking action. Thus, the EPA
sees no need in this action to reopen the
60-day period for filing such petitions
for judicial review for this
‘‘Identification of plan’’ update action
for Oregon.
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77721
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 record keeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: December 13, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations, 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. Revise paragraph (b);
b. In paragraph (c):
i. Amend Table 2, by revising the
entry for ‘‘236–0010 Definitions’’;
■ ii. Amend Table 2, by revising the
entry for ‘‘256–0330 Department of
Defense Personnel Participating in the
Privately Owned Vehicle Import Control
Program’’;
■ iii. Amend Table 4, by revising
Footnote ‘‘1’’; and
■ c. In paragraph (e), revise the heading
for Table 5.
The revisions read as follows:
■
■
■
■
§ 52.1970
Identification of plan.
*
*
*
*
*
(b) Incorporation by reference. (1)
Material listed as incorporated by
reference in paragraphs (c) and (d) of
this section with an EPA approval date
prior to August 31, 2022, was approved
for incorporation by reference by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Material is incorporated as
it exists on the date of the approval and
notice of any change in the material will
be published in the Federal Register.
Entries in paragraphs (c) and (d) of this
section, with the EPA approval dates on
or after August 31, 2022, will be
incorporated by reference in the next
update to the SIP compilation.
(2) EPA Region 10 certifies that the
rules and regulations provided by the
EPA in the SIP compilation at the
addresses in paragraph (b)(3) of this
section are an exact duplicate of the
officially promulgated State rules/
regulations which have been approved
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Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Rules and Regulations
as part of the State Implementation Plan
as of August 31, 2022.
(3) Copies of the materials
incorporated by reference may be
inspected at the EPA Region 10 Office
at 1200 Sixth Ave., Suite 155, Seattle,
WA 98101; or at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) * * *
TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1
State
effective
date
State
citation
Title/subject
*
236–0010 ........
*
*
*
Definitions ...............................................................................
*
256–0330 ........
*
*
*
Department of Defense Personnel Participating in the Privately Owned Vehicle Import Control Program.
*
*
*
*
*
*
*
EPA approval date
Explanations
*
7/19/2019
*
6/9/2020, 85 FR 35198 ..........
*
........................
*
10/14/1999
*
11/22/2004; 69 FR 67819 ......
*
........................
*
*
*
*
*
TABLE 4—EPA APPROVED LANE REGIONAL AIR PROTECTION AGENCY (LRAPA) RULES FOR LANE COUNTY, OREGON 1
*
*
*
*
*
*
*
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.
*
*
*
*
*
(e) * * *
TABLE 5—STATE OF OREGON AIR QUALITY CONTROL PROGRAM—NONREGULATORY PROVISIONS AND QUASIREGULATORY MEASURES
*
*
*
*
*
to determine Federal payment amounts
to be made for program year 2023 to
States that elect to establish a Basic
Health Program under the Patient
Protection and Affordable Care Act to
offer health benefits coverage to lowincome individuals otherwise eligible to
purchase coverage through Health
Insurance Exchanges.
DATES: This amendments in this rule are
effective January 1, 2023. The
methodology and data sources
announced in this rule are effective on
January 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Christopher Truffer, (410) 786–1264; or
Cassandra Lagorio, (410) 786–4554.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2022–27490 Filed 12–19–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 600
[CMS–2441–F]
RIN 0938–AU89
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Basic Health Program; Federal
Funding Methodology for Program
Year 2023 and Changes to the Basic
Health Program Payment Notice
Process
I. Background
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule.
AGENCY:
This rule finalizes the
methodology and data sources necessary
SUMMARY:
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A. Overview of the Basic Health
Program
Section 1331 of the Patient Protection
and Affordable Care Act (Pub. L. 111–
148, enacted March 23, 2010), as
amended by the Health Care and
Education Reconciliation Act of 2010
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(Pub. L. 111–152, enacted March 30,
2010) (collectively referred to as the
Affordable Care Act or ACA), provides
States with an option to establish a
Basic Health Program (BHP). In the
States that elect to operate a BHP, the
BHP makes affordable health benefits
coverage available for individuals under
age 65 with household incomes between
133 percent and 200 percent of the
Federal poverty level (FPL) who are not
otherwise eligible for Medicaid, the
Children’s Health Insurance Program
(CHIP), or affordable employersponsored coverage, or for individuals
whose income is below these levels but
are lawfully present non-citizens
ineligible for Medicaid. For those States
that have expanded Medicaid coverage
under section 1902(a)(10)(A)(i)(VIII) of
the Social Security Act (the Act), the
lower income threshold for BHP
eligibility is effectively 138 percent due
to the application of a required 5
percent income disregard in
determining the upper limits of
Medicaid income eligibility (section
1902(e)(14)(I) of the Act).
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]]>Agencies
[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Rules and Regulations]
[Pages 77720-77722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27490]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2022-0740; FRL-10172-01-R10]
Air Plan Approval; OR; Updates to Materials Incorporated by
Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating the
regulatory materials incorporated by reference into the Oregon State
Implementation Plan (SIP). The regulations addressed in this action
were previously submitted by the Oregon Department of Environmental
Quality (ODEQ) and approved by the EPA in prior rulemakings. In this
action, the EPA is also notifying the public of corrections to
typographical errors, and minor formatting changes to the incorporation
by reference tables. This update affects the SIP materials that are
available for public inspection at the National Archives and Records
Administration and the EPA Regional Office.
DATES: This action is effective December 20, 2022.
ADDRESSES: SIP materials which are incorporated by reference into the
Code of Federal Regulations (CFR) at 40 CFR part 52 are available for
inspection at the following locations: online at www.regulations.gov in
the docket for this action, by appointment at the EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, and by appointment at the
National Archives and Records Administration (NARA). For information on
the availability of this material at the EPA Regional Office, please
contact the person in the FOR FURTHER INFORMATION CONTACT section of
this document. For information on the availability of this material at
NARA, NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: Christi Duboiski, EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, (360) 753-9081, or
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document revised by the State as necessary to
address its unique air pollution problems in a manner consistent with
requirements of section 110 of the Clean Air Act (CAA), 42 U.S.C. 7410.
Therefore, from time to time, the EPA must take action on SIP revisions
containing new and/or revised regulations, approving and incorporating
them by reference into the SIP. On May 22, 1997, the EPA revised the
procedures for incorporating by reference federally approved SIP
provisions, as a result of consultations between the EPA and the Office
of the Federal Register (OFR) (62 FR 27968). The description of the
revised SIP document, IBR procedures and ``Identification of plan''
format is discussed in further detail in the May 22, 1997, Federal
Register document. On December 10, 2013, the EPA published a Federal
Register document beginning the new IBR procedure for Oregon (78 FR
74012). The EPA subsequently published an update to the IBR materials
for Oregon on April 10, 2019 (84 FR 14272). Since then, the EPA has
approved and incorporated by reference several provisions of the Oregon
Revised Statutes (ORS), Oregon Administrative Rules (OAR), Lane
Regional Clean Air Protection Agency (LRAPA) rules, and City and County
Ordinances into the Oregon SIP. The following Federal Register
documents contain the provisions that EPA approved and incorporated by
reference: 84 FR 26347, June 6, 2019; 84 FR 58324, October 31, 2019; 84
FR 58327, October 31, 2019; 85 FR 35198, June 9, 2020; 86 FR 27976, May
25, 2021; 86 FR 43954, August 11, 2021; 87 FR 29046, May 12, 2022; 87
FR 41256, July 12, 2022; 87 FR 51262, August 22, 2022; and 87 FR 51265,
August 22, 2022.
II. EPA Action
In this action, the EPA is announcing the update to the Oregon
materials approved and incorporated by reference into the Oregon SIP at
40 CFR 52.1970(c) as of August 31, 2022. The EPA is also correcting
minor typographical errors, including correcting the federal citation
for the June 9, 2020 approval of OAR 340-236-0010 Definitions
(definitions for emission standards for specific industries) from ``85
FR 33198'' to ``85 FR 35198''; correcting typographical errors to entry
OAR 340-256-0330 to reflect corrected information and finally
correcting Table 4, footnote 1 to replace the word ``Titles'' with the
word ``Title''. Lastly, in subsection 52.1970 (e), the EPA is revising
the heading for Table 5 to better reflect the content of the table.
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedures Act (APA), which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation, and section 553(d)(3),
which allows an agency to make an action effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). Today's rule simply codifies provisions, which are already in
effect as a matter of law in Federal and approved State programs. Under
section 553 of the APA, an agency may find good cause where procedures
are ``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice in the CFR benefits the public by removing outdated citations
and incorrect table entries.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
[[Page 77721]]
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is updating its compilation of State and local rules
included in the Oregon SIP by finalizing the incorporation by reference
of previously EPA-approved regulations promulgated by Oregon and
federally approved prior to August 31, 2022. These include new and
revised provisions as contained in the Federal Register documents
listed in section I of this preamble. Lastly, the EPA is also
correcting typographical errors in 52.1970(c) as described in section
II of this preamble. The EPA has made, and will continue to make, these
materials generally available through 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).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act (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);
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 as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Alaska regulations described in sections I and II of this preamble. The
EPA has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
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).
The EPA has also determined that the provisions of section
307(b)(1) of the CAA pertaining to petitions for judicial review are
not applicable to this action. Prior EPA rulemaking actions for each
individual component of the Oregon SIP compilations had previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, the
EPA sees no need in this action to reopen the 60-day period for filing
such petitions for judicial review for this ``Identification of plan''
update action for Oregon.
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 record keeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 13, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.
Part 52 of chapter I, title 40 of the Code of Federal Regulations,
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. Revise paragraph (b);
0
b. In paragraph (c):
0
i. Amend Table 2, by revising the entry for ``236-0010 Definitions'';
0
ii. Amend Table 2, by revising the entry for ``256-0330 Department of
Defense Personnel Participating in the Privately Owned Vehicle Import
Control Program'';
0
iii. Amend Table 4, by revising Footnote ``1''; and
0
c. In paragraph (e), revise the heading for Table 5.
The revisions read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed as incorporated
by reference in paragraphs (c) and (d) of this section with an EPA
approval date prior to August 31, 2022, was approved for incorporation
by reference by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it
exists on the date of the approval and notice of any change in the
material will be published in the Federal Register. Entries in
paragraphs (c) and (d) of this section, with the EPA approval dates on
or after August 31, 2022, will be incorporated by reference in the next
update to the SIP compilation.
(2) EPA Region 10 certifies that the rules and regulations provided
by the EPA in the SIP compilation at the addresses in paragraph (b)(3)
of this section are an exact duplicate of the officially promulgated
State rules/regulations which have been approved
[[Page 77722]]
as part of the State Implementation Plan as of August 31, 2022.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 10 Office at 1200 Sixth Ave., Suite 155,
Seattle, WA 98101; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) * * *
Table 2--EPA Approved Oregon Administrative Rules (OAR) \1\
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
236-0010.................. Definitions................. 7/19/2019 6/9/2020, 85 FR 35198. ..............
* * * * * * *
256-0330.................. Department of Defense 10/14/1999 11/22/2004; 69 FR ..............
Personnel Participating in 67819.
the Privately Owned Vehicle
Import Control Program.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules
for Lane County, Oregon \1\
------------------------------------------------------------------------
-------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
\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.
* * * * *
(e) * * *
Table 5--State of Oregon Air Quality Control Program--Nonregulatory
Provisions and Quasi-Regulatory Measures
* * * * *
[FR Doc. 2022-27490 Filed 12-19-22; 8:45 am]
BILLING CODE 6560-50-P
