
[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35693-35695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14567]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0018, FRL-9912-55-Region 10]


Approval and Promulgation of Implementation Plans; Oregon: 
Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
portion of the December 27, 2013, State Implementation Plan (SIP) 
submittal from Oregon relating to the infrastructure requirements of 
the Clean Air Act (CAA) for the National Ambient Air Quality Standards 
(NAAQS) promulgated for lead (Pb) on October 15, 2008. The CAA requires 
that each state, after a new or revised NAAQS is promulgated, review 
their SIP to ensure that it meets the infrastructure requirements 
necessary to implement the new or revised NAAQS. The EPA finds that the 
Oregon SIP meets the CAA infrastructure requirements for the 2008 Pb 
NAAQS.

DATES: This final rule is effective on July 24, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2014-0018. All documents in the 
docket are listed on the http://www.regulations.gov Web site. Although 
listed in the index, some information may not be publicly available, 
i.e., Confidential Business Information 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 EPA Region 10, Office of Air, 
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington 
98101. The EPA requests that you contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section to schedule your inspection. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kristin Hall at: (206) 553-6357, 
hall.kristin@epa.gov, or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us'' or ``our'' is used, it is intended to refer to the EPA. 
Information is organized as follows:

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    Section 110 of the CAA specifies the general requirements for 
states to submit SIPs to implement, maintain, and enforce the NAAQS and 
the EPA's actions regarding approval of those SIPs. On December 27, 
2013, Oregon submitted a SIP revision to the EPA demonstrating that the 
SIP meets the infrastructure requirements of the CAA for the 2008 Pb 
NAAQS, 2010 nitrogen dioxide NAAQS, and 2010 sulfur dioxide NAAQS. On 
April 17, 2014, we proposed approval of the portion of Oregon's 
December 27, 2013, submittal relating to the 2008 Pb NAAQS (79 FR 
21679). An explanation of the CAA requirements and implementing 
regulations that are met by this SIP revision, a detailed explanation 
of the revision, and the EPA's reasons for the proposed action were 
provided in the notice of proposed rulemaking on April 17, 2014, and 
will not be restated here. We note that we intend to address the 
remainder of the December 27, 2013, submittal, relating to the 
infrastructure requirements of the 2010 nitrogen dioxide NAAQS and 2010 
sulfur dioxide NAAQS, in a separate action (79 FR 21679). The public 
comment period for our proposed action ended on May 19, 2014, and we 
received no comments.

II. Final Action

    The EPA is approving the portion of the December 27, 2013, 
submittal from Oregon relating to the infrastructure requirements of 
the 2008 Pb NAAQS. Specifically, we are approving the submitted 
revision to OAR 340-202-0130 ``Ambient Air Quality Standard for Lead'' 
and the addition of OAR 340-202-0020 ``Applicability.'' We find that 
the Oregon SIP meets the following CAA section 110(a)(2) infrastructure 
elements for the 2008 Pb NAAQS: (A),

[[Page 35694]]

(B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and 
(M).
    As described in detail in our proposal on April 17, 2014 (79 FR 
21679), we are not approving the submitted revision to OAR 340-200-0040 
``State of Oregon Clean Air Act Implementation Plan.'' In addition, we 
are taking no action on the submitted revisions to OAR 340-200-0020 
``General Air Quality Definitions, Table 1--Significant Air Quality 
Impact,'' OAR 340-202-0070 ``Sulfur Dioxide,'' and OAR 340-202-0100 
``Nitrogen Dioxide'' because these revisions are outside the scope of 
the 2008 Pb infrastructure SIP. We intend to address these revisions in 
a separate action. This action is being taken under section 110 of the 
CAA.

III. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and the EPA notes that it will not 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 August 25, 2014. 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, Lead, Particulate matter, and Reporting and recordkeeping 
requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 5, 2014.
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

0
2. In Sec.  52.1970, Table 2 in paragraph (c) is amended by adding in 
numerical order entry ``202-0020 Applicability'' and revising entry 
``202-0130 Ambient Air Quality Standard for Lead'' under Division 202, 
after the table subheading ``Ambient Air Quality Standards'' to 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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                                                    CHAPTER 340--DEPARTMENT OF ENVIRONMENTAL QUALITY
 
                                                                      * * * * * * *
                                              Division 202 Ambient Air Quality Standards and PSD Increments
 >
                                                                      * * * * * * *
                                                              Ambient Air Quality Standards
 

[[Page 35695]]

 
                                                                      * * * * * * *
202-0020..........................  Applicability........       11/7/2013  6/24/2014, [Insert Federal Register
                                                                            citation].
 
                                                                      * * * * * * *
202-0130..........................  Ambient Air Quality         11/7/2013  6/24/2014, [Insert Federal Register
                                     Standard for Lead.                     citation].
 
                                                                      * * * * * * *
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0
3. Section 52.1991 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.1991  Section 110(a)(2) infrastructure requirements.

* * * * *
    (c) On December 27, 2013, the Oregon Department of Environmental 
Quality submitted a SIP revision to address the requirements of CAA 
sections 110(a)(1) and (2) for the 2008 lead NAAQS. The EPA approves 
the submittal as meeting the following CAA section 110(a)(2) 
infrastructure elements for the 2008 lead NAAQS: (A), (B), (C), 
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).

[FR Doc. 2014-14567 Filed 6-23-14; 8:45 am]
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