[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Rules and Regulations]
[Pages 29904-29905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12107]



[[Page 29904]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0716; FRL-9673-7]


Approval and Promulgation of Implementation Plans; Oregon: 
Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient 
Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving the State Implementation Plan (SIP) submittal 
from the State of Oregon to demonstrate that the SIP meets the 
requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) 
for the National Ambient Air Quality Standard (NAAQS) promulgated for 
ozone on July 18, 1997. EPA finds that the current Oregon SIP meets the 
following 110(a)(2) infrastructure elements for the 1997 8-hour ozone 
NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and 
(M).

DATES: This action is effective on June 20, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R10-OAR-2011-0716. All documents in the docket are listed on 
the 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 whose disclosure 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 EPA 
Region 10, Office of Air, Waste and Toxics (AWT-107), 1200 Sixth 
Avenue, Suite 900, Seattle, WA 98101. 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 telephone number: 
(206) 553-6357, email address: [email protected], or the above EPA, 
Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'' or ``our'' are used, we mean EPA. Information is organized as 
follows:

Table of Contents

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

I. Background

    On July 18, 1997, EPA promulgated a new NAAQS for ozone. EPA 
revised the ozone NAAQS to provide an 8-hour averaging period which 
replaced the previous 1-hour averaging period, and the level of the 
NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm (62 FR 
38856). The CAA requires SIPs meeting the requirements of sections 
110(a)(1) and (2) be submitted by states within 3 years after 
promulgation of a new or revised standard. Sections 110(a)(1) and (2) 
require states to address basic SIP requirements, including emissions 
inventories, monitoring, and modeling to assure attainment and 
maintenance of the standards, so-called ``infrastructure'' 
requirements. To help states meet this statutory requirement for the 
1997 8-hour ozone NAAQS, EPA issued guidance to address infrastructure 
SIP elements under section 110(a)(1) and (2).\1\ In the case of the 
1997 8-hour ozone NAAQS, states typically have met the basic program 
elements required in section 110(a)(2) through earlier SIP submissions 
in connection with previous ozone standards. The State of Oregon 
submitted a certification to EPA on September 25, 2008, certifying that 
Oregon's SIP meets the infrastructure obligations for the 1997 8-hour 
ozone NAAQS. The certification included an analysis of Oregon's SIP as 
it relates to each section of the infrastructure requirements with 
regard to the 1997 8-hour ozone NAAQS. On February 7, 2012, EPA 
published a notice of proposed rulemaking (NPR) for the State of Oregon 
(77 FR 6044) to act on the state's infrastructure SIP for the 1997 
ozone NAAQS. Specifically in the NPR, EPA proposed approval of Oregon's 
SIP as meeting the requirements for the following 110(a)(2) 
infrastructure elements for the 1997 8-hour ozone NAAQS: (A), (B), (C), 
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). As discussed in 
the NPR, this action does not address 110(a)(2)(D)(i) and 110(a)(2)(I). 
The public comment period for EPA's NPR closed on March 8, 2012. EPA 
received no comments on the proposed action.
---------------------------------------------------------------------------

    \1\ William T. Harnett, Director, Air Quality Policy Division, 
Office of Air Quality Planning and Standards. ``Guidance on SIP 
Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-
hour Ozone and PM2.5 National Ambient Air Quality 
Standards.'' Memorandum to EPA Air Division Directors, Regions I-X, 
October 2, 2007.
---------------------------------------------------------------------------

II. Scope of Action

    Oregon has not demonstrated authority to implement and enforce the 
Oregon Administrative Rules within ``Indian Country'' as defined in 18 
U.S.C. 1151.\2\ Therefore, this SIP approval does not extend to 
``Indian Country'' in Oregon. See CAA sections 110(a)(2)(A) (SIP shall 
include enforceable emission limits), 110(a)(2)(E)(i) (State must have 
adequate authority under State law to carry out SIP), and 172(c)(6) 
(nonattainment SIPs shall include enforceable emission limits). This is 
consistent with EPA's previous approval of Oregon's PSD program, in 
which EPA specifically disapproved the program for sources within 
Indian Reservations in Oregon because the State had not shown it had 
authority to regulate such sources. See 40 CFR 52.1987(c). It is also 
consistent with EPA's approval of Oregon's title V operating permits 
program. See 59 FR 61820, 61827 (December 2, 1994) (interim approval 
does not extend to Indian Country); 60 FR 50106, 50106 (September 28, 
1995) (full approval does not extend to Indian Country).
---------------------------------------------------------------------------

    \2\ ``Indian country'' is defined under 18 U.S.C. 1151 as: (1) 
All land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and including rights-of-way running through 
the reservation, (2) all dependent Indian communities within the 
borders of the United States, whether within the original or 
subsequently acquired territory thereof, and whether within or 
without the limits of a State, and (3) all Indian allotments, the 
Indian titles to which have not been extinguished, including rights-
of-way running through the same. Under this definition, EPA treats 
as reservations trust lands validly set aside for the use of a Tribe 
even if the trust lands have not been formally designated as a 
reservation.
---------------------------------------------------------------------------

III. Final Action

    EPA is approving the September 25, 2008, SIP submittal from the 
State of Oregon to demonstrate that the SIP meets the requirements of 
section 110(a)(1) and (2) of the CAA for the NAAQS promulgated for 
ozone on July 18, 1997. EPA is approving the following section 
110(a)(2) infrastructure elements for Oregon for the 1997 ozone NAAQS: 
(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), (M). EPA is 
taking no action on infrastructure elements (D)(i) and (I) for the 1997 
ozone NAAQS. This action is being taken under section 110 of the CAA.

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 Act and 
applicable Federal regulations. 42 U.S.C. 7410(k);

[[Page 29905]]

40 CFR 52.02(a). Thus, in reviewing SIP submissions, 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 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 application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide 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 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. 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 20, 2012. 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, and Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: May 4, 2012.
Michelle L. Pirzadeh,
Deputy Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. Section 52.1991 is added to read as follows:


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

    On September 25, 2008, Oregon Department of Environmental Quality 
submitted a certification to address the requirements of CAA Section 
110(a)(1) and (2) for the 1997 8-hour ozone NAAQS. EPA approves the 
submittal as meeting the following 110(a)(2) infrastructure elements 
for the 1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), 
(H), (J), (K), (L), and (M).

[FR Doc. 2012-12107 Filed 5-18-12; 8:45 am]
BILLING CODE 6560-50-P