
[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, 
spenillo.justin@epa.gov, 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Klamath Falls Nonattainment Area
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
                                    Real and Permanent PM2.5 and PM10 Offsets
----------------------------------------------------------------------------------------------------------------
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].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


                                Table 3--EPA Approved City and County Ordinances
----------------------------------------------------------------------------------------------------------------
      Agency and  ordinance         Title or subject         Date        EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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]
 BILLING CODE 6560-50-P


