[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Proposed Rules]
[Pages 78372-78376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30498]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2013-0005; FRL-9920-97-Region 10]
Approval and Promulgation of Implementation Plans; Klamath Falls,
Oregon Nonattainment Area; Fine Particulate Matter Emissions Inventory
and SIP Strengthening Measures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Oregon Department of Environmental Quality (ODEQ)
submitted a revision to the State Implementation Plan (SIP), dated
December 14, 2012, to address Clean Air Act (CAA or the Act)
requirements for the Klamath Falls, Oregon nonattainment area for the
2006 24-hour fine particulate matter (PM2.5) national
ambient air quality standard (NAAQS). The EPA proposes to approve the
emissions inventory contained in the ODEQ's submittal as meeting the
requirement to submit a comprehensive, accurate, and current inventory
of direct PM2.5 and PM2.5 precursor emissions in
Klamath Falls, Oregon. The EPA also proposes to approve
PM2.5 control measures contained in the December 2012
submittal because incorporation of these measures will strengthen the
Oregon SIP and reduce sources of PM2.5 emissions in the
Klamath Falls, Oregon nonattainment area (Klamath Falls NAA) that
contribute to violations of the 2006 PM2.5 NAAQS.
DATES: Comments must be received on or before January 29, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2013-0005, by any of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: [email protected].
Mail: Justin A. Spenillo, EPA Region 10, Office of Air,
Waste and Toxics (AWT-150), 1200 Sixth Avenue, Suite 900, Seattle, WA
98101.
Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101. Attention: Justin A. Spenillo, Office of
Air, Waste and Toxics, AWT-150. Such deliveries are only accepted
during normal hours of operation, and special arrangements should be
made for deliveries of boxed information
Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2013-0005. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI 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. Publicly available
docket materials are available either electronically in
www.regulations.gov or in hard copy during normal business hours at the
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue,
Seattle WA, 98101.
FOR FURTHER INFORMATION CONTACT: Justin A. Spenillo at (206) 553-6125,
[email protected], or the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background
A. PM2.5 National Ambient Air Quality Standards
B. Designation of PM2.5 Nonattainment Areas
C. Submittal Requirements for PM2.5 Nonattainment
Areas
II. Analysis of the State's Submittal
A. Emissions Inventory
B. Description of the Klamath County PM2.5 Control
Measures
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. PM2.5 National Ambient Air Quality Standards
Under section 109 of the CAA, the EPA establishes NAAQS for certain
pervasive air pollutants (referred to as ``criteria pollutants'') and
conducts periodic reviews of the NAAQS to determine whether they should
be revised or whether new NAAQS should be established. After a new
NAAQS is established or an existing NAAQS is revised, all areas across
the country are evaluated to determine whether they meet the new or
revised standard, and
[[Page 78373]]
area designations are promulgated based on that evaluation.
On July 18, 1997, the EPA revised the NAAQS for particulate matter
to add new standards for fine particles, using PM2.5
(particles less than or equal to 2.5 micrometers in aerodynamic
diameter) as the indicator for the pollutant. The EPA established
primary and secondary \1\ annual and 24-hour standards for
PM2.5 (62 FR 38652). The annual standard was set at 15.0
micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average of
the annual mean PM2.5 concentrations, and the 24-hour
standard was set at 65 [mu]g/m\3\, based on the 3-year average of the
98th percentile of 24-hour PM2.5 concentrations. On October
17, 2006, the EPA revised the level of the 24-hour PM2.5
NAAQS to 35 [mu]g/m\3\, based on a 3-year average of the 98th
percentile of 24-hour concentrations (71 FR 61144). On December 14,
2012, the EPA revised the primary annual PM2.5 NAAQS to
provide increased protection of public health and welfare from fine
particle pollution (78 FR 3086, January 15, 2013). In that action, the
EPA revised the primary annual PM2.5 standard, strengthening
it from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/
m\3\, which is attained when the 3-year average of the annual
arithmetic means does not exceed 12.0 [mu]g/m\3\.
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\1\ For a given air pollutant, ``primary'' national ambient air
quality standards are those determined by the EPA as requisite to
protect the public health, and ``secondary'' standards are those
determined by the EPA as requisite to protect the public welfare
from any known or anticipated adverse effects associated with the
presence of such air pollutant in the ambient air. See CAA section
109(b).
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B. Designation of PM2.5 Nonattainment Areas
Effective December 14, 2009, the EPA established the initial air
quality designations for most areas in the United States for the 2006
24-hour PM2.5 NAAQS (74 FR 58688, November 13, 2009). The
Klamath Falls area was designated nonattainment for the 2006 24-hour
PM2.5 NAAQS. The boundaries for this area are described in
40 CFR 81.338.
C. Submittal Requirements for PM2.5 Nonattainment Areas
In March 2012, the EPA issued guidance to states for implementation
of the 2006 PM2.5 NAAQS (March 2012 Implementation
Guidance).\2\ The guidance recommended that states make submissions for
the 2006 PM2.5 NAAQS consistent with the substantive
requirements developed for implementation of the 1997 PM2.5
NAAQS at 40 CFR part 51, subpart Z (Provisions for Implementation of
PM2.5 National Ambient Air Quality Standards, 40 CFR
51.1000, et seq.). In December 2012, based on the March 2012
Implementation Guidance, the ODEQ submitted a SIP revision intended to
address the nonattainment planning requirements for the Klamath Falls
NAA.
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\2\ Memorandum from Stephen D. Page, Implementation Guidance for
the 2006 24-Hour Fine Particulate (PM2.5) National
Ambient Air Quality Standards (Mar. 2, 2012).
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On January 4, 2013, the Court of Appeals for the District of
Columbia remanded to the EPA the Clean Air Fine Particle Implementation
Rule (72 FR 20586, Apr. 25, 2007) (hereafter referred to as the
``PM2.5 implementation rule'') which formed the basis of the
40 CFR part 51, subpart Z nonattainment planning requirements. Natural
Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013). The
Court concluded that the EPA had improperly based the PM2.5
implementation rule solely upon the requirements of part D, subpart 1
of the CAA, and had failed to address the requirements of part D,
subpart 4. As a result of the Court's remand of the PM2.5
implementation rule, the EPA withdrew its March 2012 Implementation
Guidance because it was based largely on the remanded rule promulgated
to implement the 1997 PM2.5 NAAQS.\3\ The EPA is currently
engaged in rulemaking to address the Court's remand of the
PM2.5 implementation rule. In the interim, however, the EPA
continues to take action on SIP submissions from states intended to
address nonattainment planning requirements for the 2006
PM2.5 NAAQS, consistent with the CAA.
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\3\ Memorandum from Stephen D. Page, Withdrawal of
Implementation Guidance for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality Standards (Jun. 6,
2013).
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This action is limited to proposing approval of the emissions
inventory of direct PM2.5 and PM2.5 precursors
submitted by the ODEQ for the Klamath Falls NAA as required under
section 172(c)(3) of the CAA, and the approval of specific control
measures that are expected to strengthen the SIP. These control
measures independently meet requirements for control measures in
attainment plans and the emissions reductions they achieve will
contribute to attainment of the 2006 PM2.5 NAAQS in the
Klamath Falls NAA.
II. Analysis of the State's Submittal
A. Emissions Inventory
The EPA promulgated emissions inventory requirements for the 1997
PM2.5 NAAQS as part of the PM2.5 implementation
rule at 40 CFR 51.1008. The decision in NRDC v. EPA remanded the
PM2.5 implementation rule because it did not incorporate the
specific particulate matter requirements of subpart 4, part D, title I.
The emission inventory requirements set forth in the PM2.5
implementation rule were based on the CAA section 172(c)(3)
requirements in subpart 1. Subpart 4 contains no specific provision
governing emissions inventories for PM10 or PM2.5
nonattainment areas that supersedes the general emissions inventory
requirement for all nonattainment areas in section 172(c)(3). See
``State Implementation Plans; General Preamble for the Implementation
of Title I of the Clean Air Act Amendments of 1990,'' (57 FR 13498,
13539, April 16, 1992) (hereinafter ``General Preamble''). Accordingly,
the EPA is evaluating the ODEQ's emissions inventory for the Klamath
Falls NAA pursuant to the CAA requirements in section 172(c)(3).
Section 172(c)(3) of the CAA requires a state with an area
designated as nonattainment to submit to the EPA for approval a
comprehensive, accurate, and current inventory of actual emissions of
the pollutant at issue, including emissions of any precursor of that
pollutant, for the nonattainment area. These inventories provide a
detailed accounting of all emissions and emissions sources by pollutant
and precursor pollutant within the nonattainment area. In addition,
inventories are used to model air quality to demonstrate attainment of
the 2006 PM2.5 NAAQS as expeditiously as practicable. The
EPA reviewed, in accordance with the August 2005 EPA guidance,
``Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter NAAQS and Regional Haze Regulations,'' the
procedures and methodologies used by the ODEQ to develop the emission
inventory for the 2008 base year emissions inventory for the Klamath
Falls NAA. In accordance with section 172(c)(3) and consistent with EPA
guidance, Oregon's attainment plan as described below includes a
comprehensive, accurate, and current inventory of emissions of all
direct PM2.5 and PM2.5 precursors in the Klamath
Falls NAA.
To develop an emissions inventory that matches the conditions under
which the design value concentration are measured, the ODEQ emissions
inventory addresses annual emissions, typical season day emissions, and
worst case day emissions. Annual emissions, measured in tons per year
(``tpy''), are the total amount of emissions over the course of a
calendar year. The typical season day and worst-case day
[[Page 78374]]
emissions are measured in pounds (lbs) per day and are calculated for
the PM season, which is the four-month period between November and
February when ambient PM concentrations from anthropogenic sources are
generally the highest. Typical season day emissions are the average
emissions over the four-month PM season, and worst case day emissions
are the amount emitted on winter days with a diurnal temperature range
representative of PM2.5 exceedances. Most source categories
are modeled using the typical season day emissions. Worst-case day
emissions are better suited for select sources, such as residential
wood combustion and motor vehicles, with emissions highly dependent on
temperature. At colder temperatures there is a behavioral increase in
home heating using woodstoves, and vehicle emissions associated with
start-up emissions are higher on colder days.
The year 2008 was selected by ODEQ as the base year for the
emissions inventory because it was the most recent year that Oregon
completed the NEI data submittal prior to the designation of the
Klamath Falls NAA in 2009. The selection of 2008 as the baseline year
for the emissions inventory is consistent with the emissions inventory
requirement in section 172(c)(3) because it provides an inventory of
emissions for one of the years relied upon for the nonattainment
designation. The ODEQ's 2008 base year emissions inventory includes
emissions of direct PM2.5 and PM2.5 precursors
that cover the general source categories of stationary point sources,
stationary nonpoint sources (area sources), non-road mobile sources,
and on-road mobile sources. The main sources of emissions in the
Klamath Falls NAA are residential wood combustion, mobile and non-road
sources, and point sources. The pollutants that comprise the 2008 base
year inventory include direct PM2.5 and the precursors to
the formation of PM2.5 which are nitrogen oxide
(NOX), volatile organic compounds (VOCs), ammonia
(NH3), and sulfur dioxide (SO2).
The point source inventory provides facility-specific data for
point source emissions from Klamath Falls' permitted stationary
sources. Permitted point sources include industrial sources, non-
industrial sources, gas stations, crematories, and portable sources.
The emissions inventory includes actual point source emissions for both
the annual and the seasonal inventory. For purposes of the worst-case
day emission inventory, the emissions for permitted point sources are
reported at 80% of the permitted operating capacity because such
specific daily actual emissions are not available for permitted point
sources in the same manner as annual and typical season emissions. The
EPA agrees that 80% of permitted emissions is a conservative estimate
for worst-case day actual emissions and, given that permitted point
sources were not found to be significantly contributing to the
monitored violations. This will be further discussed in a future notice
when the EPA acts on the ODEQ's control strategy for the Klamath Falls
NAA.
The complete inventory, located in the docket for this rulemaking,
also includes a description of minor non-permitted point sources. Area
sources for the Klamath Falls NAA are divided into six groups: Waste
disposal, treatment and recovery; small stationary fossil fuel
combustion; residential wood combustion; fugitive dust; evaporative/
off-gassing emissions sources; and miscellaneous area sources. The on-
road mobile source emissions inventory includes all sources of mobile
exhaust, brake, and tire emissions generated by passenger vehicles,
trucks, miscellaneous vehicles, and re-entrained road dust. Non-road
mobile sources inventoried include aircraft, gasoline and diesel-
powered vehicles and equipment, recreational marine vessels, and
trains.
The ODEQ compiled the emissions inventory relying on information
from a variety of sources. Permitted point source emissions data were
taken from the ODEQ Tracking Reporting and Administration of Air
Contaminant Sources (TRAACS) database which is submitted to the EPA
National Emissions Inventory System. Many area source emissions were
taken from the 2008 EPA National Emissions Inventory (NEI) v.1.5. The
ODEQ Area Mobile Emissions Estimates (AMEE) database was also a source
of emissions data for mobile emissions. Additional emissions
information was taken from a 2007/2008 residential wood combustion
survey and from use of the EPA Motor Vehicle Emission Simulator
(MOVES). All remaining emissions were modeled or inventoried
specifically for this attainment plan. The full emissions inventory
submitted by the ODEQ and a detailed description of the methodology
used to compile the inventory is presented in Attachment 3.3l of the
SIP submittal included in the docket for this action.
Table 1 summarizes the annual emissions for Klamath Falls in 2008
and Table 2 summarizes the worst-case day emissions for Klamath Falls
in 2008. Typical season day emissions information can be found in
Attachment 3.3l of the SIP submittal included in the docket for this
action.
Table 1--2008 Klamath Falls, Annual Emissions
[tpy]
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Source sector PM2.5 SOX NOX NH3 VOC
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Point........................... 143.4 47.8 329.3 70.4 997.2
Area............................ 403.0 49.1 114.3 161.9 972.9
Onroad.......................... 92.2 6.4 1,431.6 11.4 694.2
Nonroad......................... 16.1 6.6 360.9 .............. 246.0
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Total....................... 654.7 109.9 2,236.1 243.7 2,910.4
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Table 2--2008 Klamath Falls, Worst-Case Day
[lbs/day]
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Source sector PM2.5 SOX NOX NH3 VOC
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Point........................... 1,517 357 3,247 1,453 10,301
Area............................ 2,851 546 1,391 772 6,483
Onroad.......................... 917 36 7,990 62 4,734
[[Page 78375]]
Nonroad......................... 135 108 2,855 .............. 876
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Total....................... 5,420 1,046 15,483 2,287 22,754
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The EPA reviewed the results, procedures and methodologies for the
2008 base year emissions inventory in accordance with the EPA's current
guidance, ``Emissions Inventory Guidance for Implementation of Ozone
and Particulate Matter NAAQS and Regional Haze Regulations'' (August
2005). The ODEQ used standard procedures to develop the emissions
inventory and appropriately used seasonal and worst-case day emissions
inventories to represent episodic meteorological conditions when
PM2.5 levels are of the greatest concern. For this reason,
the EPA is proposing approval of Klamath Falls' 2008 base year
emissions inventory as meeting the requirements of section 172(c)(3) of
the CAA.
B. Description of the Klamath County PM2.5 Control Measures
On December 12, 2012, the ODEQ submitted to the EPA for approval
revisions to a number of rules related to the Klamath Falls NAA. These
revisions consist of updates to identify the Klamath Falls NAA and to
adopt local and state measures to ensure permanent and enforceable
control strategies intended to bring the area back into attainment
through control of PM2.5 and its precursors. Specifically,
the ODEQ revised rules in Oregon Administrative Rules (OAR) Chapter
340, Divisions 200, 204, 225, 240, 262, and 264. These revisions, and
the EPA's proposed actions on them, are described below.
Division 204: Designation of Air Quality Areas
The ODEQ revised OAR Chapter 340, Division 204 to include a
description of the Klamath Falls PM2.5 NAA boundary. The EPA
proposes to approve and incorporate by reference (IBR) this revision
into the SIP because the area description is essential for delineating
the nonattainment area, and we believe the area description is
consistent with the EPA description in the designation for the area.
Division 225: Air Quality Analysis Requirements
The ODEQ revised OAR 340-225-0090, in conjunction with promulgating
OAR 340-240-0550, as encouragement for direct PM10 and
PM2.5 emissions reductions from residential wood-fired
devices as a means to offset, in an equal or greater amount, emissions
increases from new major sources or major modifications to major
sources located in the Klamath Falls NAA, provided such sources do not
cause or contribute to a violation of the NAAQS. The revisions to OAR
340-225-0090 exempt a source which proposes to use qualifying woodstove
offsets from the need to conduct an air dispersion modeling analysis to
demonstrate a net air quality benefit as would otherwise be required.
Woodstove emissions are the primary source of PM2.5
emissions contributing to NAAQS violations in the NAA and reductions in
woodstove emissions would presumptively result in a net air quality
benefit when used to offset new emissions from a stationary source
located within the NAA. A source proposing to use other sources of
emission offsets, or woodstove offsets that don't meet the requirements
of OAR 340-240-0550, would still need to conduct a dispersion modeling
analysis to demonstrate a net air quality benefit. The revisions are
designed to maintain and promote continued air quality improvement
while allowing for economic growth that does not negatively affect the
airshed.
In a letter dated September 15, 2014, Oregon withdrew the submitted
SIP revision for OAR 340-225-0090(2)(a)(C). Accordingly, the EPA is not
acting on the revisions to OAR 340-225-0090(2)(a)(C) which establish
inter-pollutant offset ratios. Oregon may submit a revision in the
future establishing inter-pollutant offset ratios supported by an
appropriate demonstration, or alternatively revise these ratios in
accordance with the July 21, 2011, EPA memorandum that addresses the
Federal inter-pollutant offset policy (76 FR 80747). The EPA proposes
to approve and IBR the revisions to OAR 340-225-0090, except for OAR
340-225-0090(2)(a)(C), and the revision to 340-225-0090(2)(a)(B) based
on the PM2.5 inter-pollutant offset ratio, as it provides
equivalent protection of the NAAQS and encourages improved air quality
by reducing direct PM emissions from wood fired devices in the Klamath
Falls NAA.
Division 240: Rules for Areas With Unique Air Quality Needs
Revisions to OAR 340-240-0110, 340-240-0030, 340-240-0500, 340-240-
0510, 340-240-0520, 340-240-0530, 340-240-0540, 340-240-0550, 340-240-
0560, describe and allow for the implementation of multiple control
measures associated with emissions of PM2.5 in the Klamath
Falls NAA. The ODEQ updated the rule definitions to include necessary
cross-references to applicable rules and to add new definitions needed
for implementation of the control measures. Control measures include
opacity standards, fugitive emissions control, operation and
maintenance plan requirements, industrial source compliance schedules,
and residential wood fuel-fired device offset requirements for new
sources, and PM2.5 and PM10 offsets.
The 20% opacity standard and fugitive emissions control rules limit
emissions being emitted into the Klamath Falls NAA from stationary
sources including industrial facilities. The operation and maintenance
plan requirements and the industrial source compliance schedule (a
schedule to develop and implement a plan for compliance with the
opacity standards, fugitive emissions requirements, and operations and
maintenance plans listed in OAR 340-240-0510 through -0540), support
reduced particulate matter emissions through enhanced management of
source operation. The offsets rules in OAR 340-240-0550, in
coordination with the rule revisions in OAR Chapter 340, Division 225,
allow for offsets to be obtained within the Klamath Falls NAA from
residential wood combustion at a ratio of one ton of PM2.5
emissions to one ton of woodstove emissions reductions while ensuring
that the increased emissions from new or modified sources will not
cause or contribute to a violation of the NAAQS. The EPA proposes to
approve these rules as they are permanent and enforceable SIP
strengthening measures that contribute to progress toward attainment of
the 2006 PM2.5 24-hr NAAQS in this area.
[[Page 78376]]
Division 264: Rules for Open Burning
The revisions to OAR Chapter 340, Division 264 enhance the open
burning rule in Oregon and the Klamath Falls NAA. Specifically, the
revised rule includes language aligning open burning with ideal
dispersion conditions; provides a description and map of the Klamath
Basin Open Burning Control Area; and provides rules specific to the
Klamath Falls NAA prohibiting open burning from industrial, commercial,
construction and demolition operations. The rule revisions will reduce
emissions through the prohibition of open burning within the Klamath
Falls NAA. The EPA proposes to approve and IBR these rule revisions
because they are permanent and enforceable measures that support
attainment and maintenance of the NAAQS by reducing the amount of
particulate matter in the area.
Klamath County Clean Air Ordinances
In its December 12, 2012 submittal, the ODEQ included as control
measures the 2007 and 2012 Klamath County Clean Air Ordinances. These
two ordinances establish permanent and enforceable control measures on
sources that account for the majority of PM2.5 emissions in
the Klamath Falls NAA. The 2007 Klamath County Clean Air Ordinance is
more specifically identified as Chapter 406, Ordinance No. 63.05,
enacted August 7, 2007 (2007 Ordinance). The 2012 Klamath County Clean
Air Ordinance is more specifically identified as Chapter 406, Ordinance
No. 63.06, enacted December 31, 2012 (2012 Ordinance).
The 2007 and 2012 Ordinances were enacted to control emissions from
home heating devices for the purpose of meeting the 2006
PM2.5 24-hr NAAQS. The 2007 ordinance provides for lower
thresholds for yellow and red air quality advisory days which require
the curtailment of wood burning and therefore reduce emissions of
PM2.5 and PM2.5 precursors. With these lower
thresholds, wood burning restrictions would be in place on days that
most likely contribute to a 24-hour NAAQS violation. This provision, in
conjunction with increased enforcement at the County level, is expected
to be a core part of the area's attainment plan. The 2007 ordinance has
provisions identical to the state wide Heat Smart Program that require
removal of uncertified stoves upon sale of a home, and also provisions
that reduce the number of available residential open burning days and
prohibit the use of burn barrels. The 2012 ordinance required new and
retrofit fireplaces to meet lower emissions standards.
The EPA proposes to approve and IBR the 2007 and 2012 Klamath Falls
Clean Air Ordinances because they support attainment and maintenance of
the NAAQS in the Klamath Falls NAA.
III. Proposed Action
The EPA proposes to approve the PM2.5 and
PM2.5 precursor emissions inventory for the Klamath Falls
NAA, submitted by ODEQ on December 12, 2012, as meeting the emissions
inventory requirements of section 172(c)(3) of the CAA for 2006
PM2.5 24-hr NAAQS nonattainment area planning. The EPA also
proposes to approve and incorporate into the SIP the specific control
measures submitted by the ODEQ on December 12, 2012, to the extent set
forth in this notice. These control measures are described in this
action and are included in the docket for this proposed action. If
approved, these specific control measures would become part of the
Oregon SIP. The EPA is not taking action on certain aspects of the
revisions submitted by the ODEQ. The EPA expects to take action on the
remaining SIP revisions and any additional revisions that may be
submitted by the ODEQ in the future.
IV. Statutory and Executive Order Reviews
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 proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 CAA; 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, this SIP is not approved to apply on any Indian
reservation land or in any other area where 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Incorporation by reference, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 3, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2014-30498 Filed 12-29-14; 8:45 am]
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