[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Rules and Regulations]
[Pages 46612-46613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16789]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2016-0051; FRL--9949-18-Region 10]
Extension of the Attainment Date for the Oakridge, Oregon 24-hour
PM2.5 Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing its
decision to grant a 1-year extension of the attainment date for the
Oakridge, Oregon nonattainment area to meet the 2006 24-hour
PM2.5 NAAQS from December 31, 2015 to December 31, 2016, on
the basis that the State has met the criteria for such an extension
under the Clean Air Act (CAA).
DATES: This final rule is effective August 17, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2016-0051. 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
above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Final Action
III. Statutory and Executive Orders Review
I. Background Information
On May 18, 2016, the EPA proposed to grant a 1-year extension of
the attainment date for the Oakridge, Oregon nonattainment area to meet
the 2006 24-hour PM2.5 NAAQS from December 31, 2015 to
December 31, 2016, on the basis that the State has met the criteria for
such an extension under the CAA (81 FR 31202). An explanation of the
CAA requirements, a detailed analysis of the 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 June 17, 2016. The EPA received no
comments on the proposal.
II. Final Action
The EPA finds that the State has met the criteria for receiving a
1-year extension to the Moderate area attainment date for the 2006
PM2.5 NAAQS for the Oakridge NAA as provided in section
188(d) of the Act. The State is implementing the requirements and
commitments in the applicable attainment plan for the PM2.5
NAAQS in the area, and the 98th percentile 24-hour PM2.5 air
quality value for 2015 is below 35 [mu]g/m\3\. Accordingly, the State
has established that it meets the criteria of section 188(d) as the EPA
interprets those requirements for purposes of the 2006
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PM2.5 NAAQS. The EPA therefore exercises the discretion
granted to the Administrator by section 188(d) of the CAA to extend the
Moderate area attainment date for the Oakridge NAA from December 31,
2015 to December 31, 2016.
III. Statutory and Executive Orders Review
Under the Clean Air Act, 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 16, 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)).
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: July 7, 2016.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2016-16789 Filed 7-15-16; 8:45 am]
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