[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36176-36179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13031]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2013-0005; FRL-9947-23-Region 10]
Finding of Attainment and Approval of Attainment Plan for Klamath
Falls, Oregon Fine Particulate Matter Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
finding of attainment and approving the attainment plan submitted on
December 12, 2012 by the Oregon Department of
[[Page 36177]]
Environmental Quality (ODEQ) for the 2006 24-hour fine particulate
matter (PM2.5) National Ambient Air Quality Standards
(NAAQS) for the Klamath Falls, Oregon nonattainment area. Based upon
2012-2014 quality-assured, quality-controlled, and certified ambient
air monitoring data available in the EPA's Air Quality System (AQS),
the area has monitored attainment of the 2006 24-hour PM2.5
NAAQS. The EPA determined that the attainment plan addressed the
nonattainment planning requirements of the Clean Air Act (CAA) and
provided for attainment of the PM2.5 NAAQS. The attainment
plan's strategy for controlling direct and precursor PM2.5
emissions relied primarily on an episodic woodstove curtailment program
and a program to change-out uncertified woodstoves.
DATES: This final rule is effective July 6, 2016.
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 http://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 http://www.regulations.gov or in hard copy at the Air Planning Unit, Office of
Air and Waste, 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: For information please contact Justin
Spenillo at (206) 553-6125, [email protected] or by using the
EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background Information
On April 13, 2016, the EPA proposed to approve the attainment plan
submitted by the ODEQ on December 12, 2012 and to make a finding of
attainment for the Klamath Falls PM2.5 area (81 FR 21814).
An explanation of the CAA attainment planning requirements, a detailed
analysis of the ODEQ's attainment plan submittal, and the EPA's reasons
for proposing approval were provided in the notice of proposed
rulemaking, and will not be restated here. The public comment period
for this proposed rule ended on May 13, 2016. The EPA received no
comments on the proposal.
II. Final Action
The EPA is finalizing the finding of attainment and approving the
attainment plan submitted by the ODEQ on December 12, 2012 for the
Klamath Falls PM2.5 area as meeting the requirements of the
CAA. The finding of attainment does not constitute a redesignation to
attainment. Redesignations require states to meet a number of criteria
including EPA approval of a state plan to maintain the air quality
standard for 10 years after redesignation. Additionally, the EPA is
approving and incorporating by reference updated versions of supporting
regulations, specifically sections of Oregon Administrative Rules,
Division 240 and Division 262 that provide for the contingency measures
required under the CAA. The EPA is finalizing a Clean Data
Determination (CDD) that suspends the requirements for the area to
submit an attainment demonstration, associated Reasonably Available
Control Measures, Reasonable Further Progress, contingency measures,
and any other SIP planning requirements related to the attainment of
the 2006 PM2.5 NAAQS, so long as the area continues to meet
the standard. Although a CDD suspends the requirement for submission of
certain attainment planning elements, it does not relieve the EPA of
its responsibility to take action on a state's SIP submission. The EPA
is fully approving the Klamath Falls nonattainment plan as meeting the
requirements of the CAA. The EPA is also approving Exceptional Events
on September 25, 2009; August 25, 28, and 31, 2012; and July 30 and
August 5, 2013 and removing them from the data set used for regulatory
purposes.
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
regulations 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 http://www.regulations.gov
and/or in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).
IV. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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 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).
[[Page 36178]]
The SIP is not approved to apply on any Indian reservation land or in
any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and it will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 5, 2016. 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) of the CAA).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 24, 2016.
Dennis J. McLerran,
Regional Administrator, 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
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2. Section 52.1970:
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a. In paragraph (c), Table 2--EPA Approved Oregon Administrative Rules
(OAR) is amended by:
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i. Adding a undesignated heading titled ``Klamath Falls Nonattainment
Area Contingency Measures'' after the entry for ``240-0560'' and adding
the entries ``240-0570'', ``240-0580'', ``240-0610'', ``240-0620'', and
``240-0630''; and
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ii. Adding an entry ``262-1000'' after the entry for ``262-0900''; and
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b. In paragraph (e), table titled ``State of Oregon Air Quality Control
Program'' adding under ``Section 4'', a new entry ``4.62'' after the
entry ``4.61''.
The 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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* * * * * * *
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Klamath Falls Nonattainment Area Contingency Measures
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240-0570.................. Applicability........ 12/11/2012 6/6/2016 [Insert
Federal Register
citation].
240-0580.................. Existing Industrial 12/11/2012 6/6/2016 [Insert
Sources Control Federal Register
Efficiency. citation].
240-0610.................. Continuous Monitoring 12/11/2012 6/6/2016 [Insert
for Industrial Federal Register
Sources. citation].
240-0620.................. Contingency Measures: 12/11/2012 6/6/2016 [Insert
New Industrial Federal Register
Sources. citation].
240-0630.................. Contingency Enhanced 12/11/2012 6/6/2016 [Insert
Curtailment of Use Federal Register
of Solid Fuel citation].
Burning Devices and
Fireplaces.
* * * * * * *
262-1000.................. Wood Burning 12/11/2012 6/6/2016 [Insert
Contingency Measures Federal Register
for PM2.5 citation].
Nonattainment Areas.
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[[Page 36179]]
(e) * * *
State of Oregon Air Quality Control Program
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State
SIP citation Title/subject effective date EPA approval date Explanations
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* * * * * * *
4.62, 12/12/ 4.62, 6/6/2016 4.62, Klamath Falls
2012 [Insert Federal PM2.5 Attainment Plan
Register citation].
* * * * * * *
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[FR Doc. 2016-13031 Filed 6-3-16; 8:45 am]
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