[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30181-30182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11380]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2016-0050; FRL-9946-39-Region 10]
Approval and Promulgation of Implementation Plans; Oregon:
Interstate Transport of Lead and Nitrogen Dioxide
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Clean Air Act (CAA) requires each State Implementation
Plan (SIP) to contain adequate provisions prohibiting air emissions
that will have certain adverse air quality effects in other states. On
October 20, 2015, the State of Oregon made a submittal to the
Environmental Protection Agency (EPA) to address these requirements.
The EPA is approving the submittal as meeting the requirements that
each SIP contain adequate provisions to prohibit emissions that will
contribute significantly to nonattainment or interfere with maintenance
of the 2008 lead (Pb) and 2010 nitrogen dioxide (NO2)
National Ambient Air Quality Standards (NAAQS) in any other state.
DATES: This final rule is effective June 15, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2016-0050. 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 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: Kristin Hall at (206) 553-6357,
[email protected], or 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 October 20, 2015, Oregon made a submittal to address the
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for
multiple NAAQS, including the 2008 Pb and 2010 NO2 NAAQS. On
March 11, 2016, the EPA proposed to approve the submittal as meeting
the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I)
for the 2008 Pb and 2010 NO2 NAAQS (81 FR 12849). An
[[Page 30182]]
explanation of the CAA requirements, a detailed analysis of the
submittal, and the EPA's reasons for approval were provided in the
proposal and will not restated here. The public comment period for the
proposal ended on April 11, 2016. The EPA received no comments.
II. Final Action
The EPA is approving Oregon's October 20, 2015 submittal as meeting
the CAA section 110(a)(2)(D)(i)(I) interstate transport requirements
for the 2008 Pb and 2010 NO2 NAAQS. The remainder of the
submittal, with respect to the 2010 sulfur dioxide and 2012 fine
particulate matter NAAQS, will be addressed in separate, future
actions.
III. Statutory and Executive Orders Review
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).
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.
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 July 15, 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, Intergovernmental relations, Lead, Nitrogen dioxide,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 4, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 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. Section 52.1991 is amended by adding paragraph (e) to read as
follows:
Sec. 52.1991 Section 110(a)(2) infrastructure requirements.
* * * * *
(e) The EPA approves Oregon's October 20, 2015 submittal as meeting
the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 lead
and 2010 nitrogen dioxide NAAQS.
[FR Doc. 2016-11380 Filed 5-13-16; 8:45 am]
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