[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Rules and Regulations]
[Pages 51470-51474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20903]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2013-0005; FRL-9932-40-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.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the Oregon Department
of Environmental Quality (ODEQ) on December 12, 2012 to address Clean
Air Act (CAA) requirements for the Klamath Falls, Oregon nonattainment
area for the 2006 24-hour fine particulate matter (PM2.5)
national ambient air quality standard (NAAQS). Specifically, the EPA is
approving 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 is approving
and incorporating by reference PM2.5 control measures
contained in the December 12, 2012, submittal because incorporation of
these measures will strengthen the Oregon SIP and are designed to
reduce PM2.5 emissions in the Klamath Falls, Oregon
nonattainment area (Klamath Falls
[[Page 51471]]
NAA) that contribute to violations of the 2006 PM2.5 NAAQS.
DATES: This final rule is effective on September 24, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2013-0005. All documents in the docket are
listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (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 form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Programs Unit, Office of Air, Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle, WA 98101. The EPA requests that
if at all possible, you contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to view the hard copy of the
docket. You may view the hard copy of the docket Monday through Friday,
8:00 a.m. to 4:00 p.m., excluding Federal holidays.
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
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
Detailed information on the history of the PM2.5 NAAQS
as it relates to the Klamath Falls NAA was included in the EPA's
proposal for this action (79 FR 78372, December 30, 2014). The proposal
explained how the ODEQ met its obligation under CAA section 172(c)(3)
for submission of a comprehensive, accurate, and current inventory of
actual emissions as submitted in its December 12, 2012 SIP submittal.
The proposal analyzed the SIP strengthening measures designed to reduce
emissions in the Klamath Falls NAA that contribute to violations of the
2006 PM2.5 NAAQS. The EPA proposed to approve both the
baseline emissions inventory and SIP strengthening measures included
the December 12, 2012 SIP revision, consistent with sections 110 and
172 of the CAA.
The comment period on our proposed approval ended January 29, 2015
and we did not receive any comments on the proposal. We are therefore
finalizing our approval. The primary element of the Klamath County
Clean Air Ordinance 63.06 to help ensure attainment and maintenance of
the NAAQS is the episodic curtailment program which restricts the use
of woodstoves and fireplaces on days that are conducive to the buildup
of PM2.5 concentrations. The curtailment program restricts
the use of woodstoves and fireplaces as described in the proposed
Federal Register notice for this action.
In addition to the episodic curtailment program, the ordinance
includes provisions that impose restrictions on what can be burned in
woodstoves and fireplaces at any time. The ordinance requires that only
seasoned wood, specifically dry, seasoned cordwood, pressed sawdust
logs, organic charcoal or pellets specifically manufactured for the
appliance, be burned in solid fuel-fired appliances. The rules and
ordinance also specifically prohibit the burning of garbage and other
named prohibited materials. These material restrictions control the
PM2.5 emissions from woodstoves and fireplaces on a
continuous basis, whereas the episodic curtailment program imposes
additional restrictions on the use of woodstoves and fireplaces only
when necessary to address the potential buildup of PM2.5
concentrations.
As mentioned in the Federal Register notice for the proposed
action, the ordinance prohibits emissions from solid fuel-fired
appliances with an opacity greater than 20% for a period or periods
aggregating more than three minutes in any one hour period. This
provision provides a visual indicator for the proper operation of a
solid fuel-fired appliance, including the use of properly seasoned
wood. The opacity limit applies at all times except during the ten-
minute startup period. However, during those times, the episodic
curtailment program and other restrictions regulating fuel contained in
the provisions described above continue to apply, as clarified in the
June 17, 2015 letter from David Collier (Air Quality Planning Manager,
Oregon Department of Environmental Quality), available in the docket.
Accordingly, this combination of provisions constitutes continuous
emission limitations, consistent with Federal Clean Air Act
requirements. Specifically, reliance on the episodic curtailment
program and other provisions regulating fuel described above serves as
an adequate alternative emission limit during the starting of fires in
solid fuel-fired appliances, when use of the 20% opacity limits would
be infeasible. Reliance on those requirements during startup periods is
limited and specific to the operation of solid fuel-fired appliances,
minimizes the frequency and duration of those periods, and minimizes
the impact of emissions on ambient air quality during those periods,
while the episodic curtailment program ensures that emission impacts
are avoided during potential worst-case periods. While EPA's guidance
on alternative emission limits also specifies that the owner or
operator's actions during startup and shutdown periods be documented by
properly signed, contemporaneous operating logs or other relevant
evidence, we do not think it is reasonable to apply that element of the
guidance in this case, because we conclude it would be an unreasonable
burden to impose this recordkeeping requirement for individual home
heating situations. See 80 FR 33840 (June 12, 2015). [relevant
discussion is on page 278-279 of the notice available at http://www.epa.gov/airquality/urbanair/sipstatus/docs/20150522fr.pdf pdf].
II. Final Action
The EPA approves the 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
approves and incorporates by reference into the Oregon SIP the specific
control measures submitted by the ODEQ on December 12, 2012, to the
extent set forth in this final rule. The EPA will take action on
remaining aspects of the December 12, 2012 submittal by the ODEQ in a
forthcoming proposal.
III. Incorporation by Reference
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
Oregon Administrative Rules and Klamath County ordinances described in
the amendments to 40 CFR part 52 set forth below. 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).
[[Page 51472]]
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 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 this action does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and it will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 26, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 4, 2015.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart MM--Oregon
0
2. In Sec. 52.1970, paragraph (c):
0
a. Table 2--EPA Approved Oregon Administrative Rules (OAR) is amended
by:
0
i. Revising the entries for 204-0010, 225-0090, 240-0010, and 240-0030;
0
ii. Adding a header titled ``Klamath Falls Nonattainment Area'' after
the entry for 240-0440 and adding entries for 240-0500, 240-0510, 240-
0520, 240-0530, 240-0540, and 240-0550 in numerical order;
0
iii. Adding a header titled ``Real and Permanent PM2.5 and
PM10 Offsets'' after the entry for 240-0550 and adding an
entry for 240-0560 in numerical order;
0
iv. Revising the entries for 264-0040, 264-0078, 264-0080, and 264-
0100; and
0
v. Adding in numerical order an entry for 264-0175.
0
b. Table 3--EPA Approved City and County Ordinances is amended by:
0
i. Removing the entry for Klamath County Clean Air Ordinance 63; and
0
ii. Adding an entry for Klamath County Clean Air Ordinance No. 63.06 at
the end of the table.
The revisions and additions read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA Approved Oregon Administrative Rules (OAR)
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State
State citation Title/subject effective date EPA approval date Explanations
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* * * * * * *
204-0010................. Definitions........... 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
* * * * * * *
225-0090................. Requirements for 12/11/2012 08/25/2015 [Insert Except (2)(a)(C).
Demonstrating a Net Federal Register
Air Quality Benefit. citation].
[[Page 51473]]
* * * * * * *
240-0010................. Purpose............... 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
* * * * * * *
240-0030................. Definitions........... 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
* * * * * * *
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Klamath Falls Nonattainment Area
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240-0500................. Applicability......... 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
240-0510................. Opacity Standard...... 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
240-0520................. Control of Fugitive 12/11/2012 08/25/2015 [Insert .....................
Emissions. Federal Register
citation].
240-0530................. Requirements for 12/11/2012 08/25/2015 [Insert .....................
Operation and Federal Register
Maintenance Plans. citation].
240-0540................. Compliance Schedule 12/11/2012 08/25/2015 [Insert .....................
for Existing Federal Register
Industrial Sources. citation].
240-0550................. Requirements for New 12/11/2012 08/25/2015 [Insert .....................
Sources When Using Federal Register
Residential Wood Fuel- citation].
Fired Device Offsets.
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Real and Permanent PM2.5 and PM10 Offsets
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240-0560................. Real and Permanent 12/11/2012 08/25/2015 [Insert .....................
PM2.5 and PM10 Federal Register
Offsets. citation].
* * * * * * *
264-0040................. Exemptions, Statewide. 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
* * * * * * *
264-0078................. Open Burning Control 12/11/2012 08/25/2015 [Insert .....................
Areas. Federal Register
citation].
264-0080................. County Listing of 12/11/2012 08/25/2015 [Insert .....................
Specific Open Burning Federal Register
Rules. citation].
* * * * * * *
264-0100................. Baker, Clatsop, Crook, 12/11/2012 08/25/2015 [Insert .....................
Curry, Deschutes, Federal Register
Gilliam, Grant, citation].
Harney, Hood River,
Jefferson, Klamath,
Lake, Lincoln,
Malheur, Morrow,
Sherman, Tillamook,
Umatilla, Union,
Wallowa, Wasco and
Wheeler Counties.
* * * * * * *
264-0175................. Klamath County........ 12/11/2012 08/25/2015 [Insert .....................
Federal Register
citation].
* * * * * * *
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Table 3--EPA Approved City and County Ordinances
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Agency and ordinance Title or subject Date EPA approval date Explanation
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* * * * * * *
Klamath County Ordinance 63.06.. Chapter 406-- 12/31/2012 08/25/2015 [Insert Except 406.300 and
Klamath County Federal Register 406.400 Klamath
Clean Air citation]. Falls PM2.5
Ordinance 63.06. Attainment Plan.
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[FR Doc. 2015-20903 Filed 8-24-15; 8:45 am]
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