[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Rules and Regulations]
[Pages 26347-26349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11765]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0679; FRL-9994-49-Region 10]


Air Plan Approval; OR: Infrastructure Requirements for the 2015 
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Whenever a new or revised National Ambient Air Quality 
Standard (NAAQS) is promulgated, the Clean Air Act (CAA) 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 Department of Environmental Quality's (ODEQ) State 
Implementation Plan (SIP), submitted on September 25, 2018, as meeting 
infrastructure requirements for the 2015 ozone NAAQS. In addition, the 
EPA is approving the addition of an Oregon Administrative Rule to the 
SIP, submitted as part of the Cleaner Air Oregon SIP submission on 
December 11, 2018. This rule identifies the November 2018 edition of 
the Code of Federal Regulations (CFR) as the CFR version referred to 
throughout the state's rule.

DATES: This final rule is effective July 8, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2018-0679. 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: Christi Duboiski, EPA Region 10, 1200 
6th Ave., Suite 155, Seattle, WA 98101, (360) 753-9081 or 
duboiski.christi@epa.gov.

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

I. Background Information

    On March 11, 2019, the EPA proposed to approve Oregon's September 
25, 2018, SIP submission as meeting certain infrastructure requirements 
of the CAA

[[Page 26348]]

for the 2015 ozone NAAQS (84 FR 8647). We also proposed to approve, and 
incorporate by reference, an associated Oregon Administrative Rule 
(OAR) update, submitted on December 11, 2018, as part of the Cleaner 
Air Oregon program, which identifies the November 2018 edition of the 
Code of Federal Regulations (CFR) as the CFR version referred to 
throughout the state's rule. The public comment period for this 
proposed action ended on April 10, 2019. The EPA did not receive 
comments on the proposal.

II. Final Action

    The EPA is approving Oregon's September 25, 2018, SIP submission 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 2015 ozone 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 OAR 340-200-0035(1) Reference Materials, submitted 
as part of the Cleaner Air Oregon SIP on December 11, 2018. The EPA is 
approving these SIP revisions because they are consistent with section 
110 of the CAA.

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, we are finalizing the incorporation by reference as described in 
section II. Final Action, above, 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 SIP, have been incorporated by reference by the 
EPA into that plan, are fully Federally-enforceable under sections 110 
and 113 of the CAA 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\
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    \1\ 62 FR 27968 (May 22, 1997).
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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);
     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 August 5, 2019. 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 21, 2019.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons stated 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. Amend Sec.  52.1970 as follows:

[[Page 26349]]

0
a. In paragraph (c), table 2, by revising the entry ``200-0035''; and
0
b. In paragraph (e), table 5, by:
0
i. Revising the undesignated heading for ``110(a)(2) Infrastructure and 
Intersate Transport''; and
0
 ii. Adding an entry for ``Infrastructure for the 2015 ozone NAAQS'' 
immediately after the entry for ``2015 Ozone NAAQS Interstate 
Transport''.
    The revisions and addition read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

                           Table 2--EPA Approved Oregon Administrative Rules (OAR) \1\
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   State citation         Title/subject       State effective date    EPA approval date         Explanations
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                                                  * * * * * * *
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                         Division 200--General Air Pollution Procedures and Definitions
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                                                  * * * * * * *
200-0035...........  Reference Materials...  12/11/2018 and 4/16/   6/6/2019, [Insert      OAR 200-0035(1); OAR
                                              2015.                  Federal Register       200-0035(2) and (3)
                                                                     citation] and 10/11/   previously approved.
                                                                     2017, 82 FR 47122.
 
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\1\ EPA's approval is limited to the extent the provisions relate to section 110 of the Clean Air Act and
  determining compliance with and for purposes of implementation of SIP-approved requirements.

* * * * *
    (e) * * *

         Table 5--State of Oregon Air Quality Control Program Approved but not Incorporated by Reference
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                                      Applicable
     Name of SIP provision           geographic or          State      EPA approval date       Explanations
                                  nonattainment area   submittal date
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                                                  * * * * * * *
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                                110(a)(2) Infrastructure and Interstate Transport
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                                                  * * * * * * *
Infrastructure for the 2015      Statewide...........      10/21/2018  6/6/2019, [Insert  This action addresses
 ozone NAAQS.                                                           Federal Register   the following CAA
                                                                        citation].         section 110(a)(2)
                                                                                           elements: (A), (B),
                                                                                           (C), (D)(i)(II),
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M).
 
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[FR Doc. 2019-11765 Filed 6-5-19; 8:45 am]
BILLING CODE 6560-50-P


