[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Rules and Regulations]
[Pages 51265-51267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17866]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R10-OAR-2022-0125; FRL-9489-02-R10]


Air Plan Approval; OR; Oakridge PM10 Redesignation to Attainment 
and Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is redesignating the 
Oakridge, Oregon nonattainment area to attainment for the 1987 National 
Ambient Air Quality Standard for particulate matter of 10 microns or 
less (PM10 NAAQS). The EPA is also approving a maintenance 
plan for the area that demonstrates continued compliance with the 
PM10 NAAQS through the year 2035, which Oregon submitted, 
along with the redesignation request, for inclusion into the Oregon 
State Implementation Plan (SIP). Additionally, the EPA finds adequate 
and is approving the PM10 motor vehicle emission budgets for 
the area. The EPA is taking these actions pursuant to the Clean Air Act 
(CAA or the Act).

DATES: This action is effective on September 21, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2022-0125. 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., 
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 at https://www.regulations.gov, or please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Christi Duboiski (15-H13), EPA Region 
10, 1200 Sixth Avenue (Suite 155), Seattle, WA 98101, at (360) 753-
9081, or [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' or 
``our'' is used, it refers to the EPA.

I. Background

    On January 13, 2022, Oregon submitted a request for the EPA to 
redesignate the Oakridge nonattainment area to attainment for the 1987 
24-hour

[[Page 51266]]

PM10 NAAQS under section 107(d)(3)(E) of the CAA. On May 9, 
2022, the EPA proposed to determine that the Oakridge, Oregon 
nonattainment area met the statutory requirements for redesignation 
under the CAA and proposed to approve, as a revision to the Oregon SIP, 
the State's plan for maintaining the 1987 24-hour PM10 NAAQS 
through the year 2035 (87 FR 27540). The EPA's proposed approval was 
based upon the EPA's determination that the area continues to attain 
the 1987 24-hour PM10 NAAQS \1\ and that all other 
redesignation criteria have been met for the area. In addition, in 
accordance with 40 CFR 93.118(f)(2), the EPA proposed to find adequate 
and approve the Oakridge 2015, 2025, 2030 and 2035 PM10 
motor vehicle emission budgets.
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    \1\ The EPA, 2020 Air Quality System (AQS) Design Value Report, 
AMP480, accessed July 26, 2022. The Design Value Report excludes 
measurements with regionally concurred exceptional event flags.
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    An explanation of the CAA requirements, a detailed analysis of the 
submittal, and the EPA's reasons for approval were provided in the 
notice of proposed rulemaking and will not be restated here. The public 
comment period closed on June 8, 2022. We received no public comments, 
therefore, we are finalizing the action as proposed.

II. Final Action

    The EPA is redesignating the Oakridge, Oregon PM10 area 
to attainment and we are approving the associated maintenance plan as a 
revision to the Oregon SIP. The designation status of the Oakridge, 
Oregon PM10 area under 40 CFR part 81 will be revised to 
attainment upon the effective date of this final action. We are also 
finding adequate and approving the PM10 motor vehicle 
emission budgets included in the Oakridge maintenance plan.
    Finally, the EPA is removing from the SIP and from incorporation by 
reference the outdated City of Oakridge Ordinance 815, city approved 
August 15, 1996, which restricts use of solid fuel space heating 
devices during air pollution episodes, because it has been superseded 
by the City of Oakridge Ordinance No. 920, approved by the EPA on 
February 08, 2018 (83 FR 5537).
    We note, the EPA is taking a separate and final action on the 
Oakridge PM2.5 redesignation request and maintenance plan, 
the Lane County Codes, the City of Oakridge Ordinance No. 920 and the 
LRAPA Title 29 rule revisions, which were also included in the January 
13, 2022 submission.

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. As described in section II of this 
preamble, the EPA is removing City of Oakridge Ordinance 815, which is 
outdated. This material has been approved by the EPA for exclusion from 
the SIP as of the effective date of EPA's approval of the final rule. 
The EPA has made, and will continue to make, incorporation by reference 
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).

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);
     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 Clean Air Act; 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 and 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).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 October 21, 2022. 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

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.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: August 12, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.

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

[[Page 51267]]

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:
    a. In paragraph (c), amend Table 3 by removing the entry ``City of 
Oakridge Ordinance 815''; and
0
b. In paragraph (e), amend Table 5 under the heading ``Attainment and 
Maintenance Planning--Particulate Matter (PM10)'' by adding 
an entry for ``Oakridge PM10 Maintenance Plan'' immediately 
following the entry for ``PM10 2nd 10-year Limited 
Maintenance Plan''.
    The addition reads as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (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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                         Attainment and Maintenance Planning--Particulate Matter (PM10)
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                                                  * * * * * * *
Oakridge PM10 Maintenance Plan..  Oakridge...........       1/13/2022  8/22/2022, [INSERT  .....................
                                                                        Federal Register
                                                                        CITATION].
 
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.338 amend the table entitled ``Oregon--PM-10'' by 
revising the entry for ``Oakridge (the Urban Growth Boundary area)'' to 
read as follows:


Sec.  81.338  Oregon.

* * * * *

                                                  Oregon--PM-10
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                                             Designation                            Classification
        Designated area        ---------------------------------------------------------------------------------
                                     Date               Type                  Date                  Type
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                                                  * * * * * * *
Oakridge (the Urban Growth           8/22/2022  Attainment
 Boundary area).
 
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[FR Doc. 2022-17866 Filed 8-19-22; 8:45 am]
BILLING CODE 6560-50-P


