[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Rules and Regulations]
[Pages 24034-24036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11058]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0056; FRL-9978-47--Region 10]


Air Plan Approval; OR; Infrastructure Requirements for the 2010 
Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine Particulate Matter 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Whenever a new or revised National Ambient Air Quality 
Standard (NAAQS) is promulgated, the Clean Air Act requires states to 
submit a plan for the implementation, maintenance, and enforcement of 
the standard, commonly referred to as infrastructure requirements. The 
Environmental Protection Agency (EPA) is approving the Oregon State 
Implementation Plan (SIP) as meeting infrastructure requirements for 
the 2010 nitrogen dioxide, 2010 sulfur dioxide, and 2012 fine 
particulate matter NAAQS. The EPA is also approving, and incorporating 
by reference, rule changes made by the state to implement the fine 
particulate matter NAAQS, relevant to this infrastructure action, and 
the ozone NAAQS, unrelated to this action, but included for efficiency.

DATES: This final rule is effective June 25, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2016-0056. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 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 is publicly available only in hard copy form. Publicly 
available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357, or 
[email protected].

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

Table of Contents

I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background Information

    On February 23, 2018, the EPA proposed to approve Oregon's December 
27, 2013, and October 20, 2015, SIP submissions as meeting certain 
infrastructure requirements of the Clean Air Act for the 2010 nitrogen 
dioxide (NO2), 2010 sulfur dioxide (SO2), and 
2012 fine particulate matter (PM2.5) NAAQS (83 FR 8021). We 
also proposed to approve, and incorporate by reference, associated rule 
updates to implement the PM2.5 NAAQS, and an unrelated rule 
update for the ozone NAAQS, submitted July 18, 2017. Please see our 
proposed rulemaking for further explanation and the basis for our 
finding (February 23, 2018, 83 FR 8021).

[[Page 24035]]

    The public comment period for the EPA's proposed action ended on 
March 26, 2018. We received 26 electronic comments submitted 
anonymously through https://www.regulations.gov. We reviewed the 
comments and we have determined that none are germane to this action. 
Therefore, we are finalizing our action as proposed.

II. Final Action

    The EPA is approving Oregon's December 27, 2013, and October 20, 
2015, SIP submissions as meeting specific infrastructure requirements 
of the Clean Air Act. We find that the Oregon SIP meets the following 
Clean Air Act section 110(a)(2) infrastructure elements for the 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS: 
(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), 
and (M).
    We are also approving, and incorporating by reference at 40 CFR 
part 52, subpart MM, the following rule sections:
     OAR 340-202-0060 Suspended Particulate Matter (state 
effective October 16, 2015); and
     OAR 340-250-0030 Definitions (state effective October 16, 
2015); and
     OAR 340-202-0090 Ozone (state effective July 13, 2017).
    We note that the approval of OAR 340-202-0090 is unrelated and 
unnecessary for our infrastructure action. We are including it in this 
action for efficiency. This action is being taken under section 110 of 
the Clean Air Act.

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 Oregon 
Administrative Rules related to ambient air quality standards described 
in section II. Final Action, and the amendments to 40 CFR part 52 set 
forth below. The EPA has made, and will continue to make, these 
materials generally available through https://www.regulations.gov and 
at the EPA Region 10 Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by the EPA 
for inclusion in the state implementation plan, have been incorporated 
by reference by the EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the Clean Air Act as of the effective 
date of the final rulemaking of the EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 CAA; 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 July 23, 2018. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: May 10, 2018.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

[[Page 24036]]

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 revising 
the entries ``202-0060'', ``202-0090'', and ``250-0030'' to read as 
follows:


Sec.  52.1970   Identification of plan.

* * * * *
    (c) * * *

                             Table 2--EPA-Approved Oregon Administrative Rules (OAR)
----------------------------------------------------------------------------------------------------------------
                                                          State
        State citation              Title/subject       effective     EPA approval date         Explanations
                                                           date
----------------------------------------------------------------------------------------------------------------
                                CHAPTER 340--DEPARTMENT OF ENVIRONMENTAL QUALITY
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         Division 202--Ambient Air Quality Standards and PSD Increments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
202-0060......................  Suspended Particulate   10/16/2015  5/24/2018, [insert
                                 Matter.                             Federal Register
                                                                     citation].
 
                                                  * * * * * * *
202-0090......................  Ozone................   07/13/2017  5/24/2018, [insert
                                                                     Federal Register
                                                                     citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Division 250--General Conformity
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
250-0030......................  Definitions..........   10/16/2015  5/24/2018, [insert
                                                                     Federal Register
                                                                     citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.1991 is amended by adding paragraphs (f) and (g) to read 
as follows:


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

* * * * *
    (f) The EPA approves Oregon's December 27, 2013, submission as 
meeting the following CAA section 110(a)(2) infrastructure elements for 
the 2010 nitrogen dioxide and 2010 sulfur dioxide NAAQS: (A), (B), (C), 
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
    (g) The EPA approves Oregon's October 20, 2015, submission as 
meeting the following CAA section 110(a)(2) infrastructure elements for 
the 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), 
(E), (F), (G), (H), (J), (K), (L), and (M).

[FR Doc. 2018-11058 Filed 5-23-18; 8:45 am]
 BILLING CODE 6560-50-P


