[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37124-37126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14501]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2012-0494, FRL-9802-7]


Approval and Promulgation of Implementation Plans; Oregon: Heat 
Smart Program and Enforcement Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving revisions to Oregon's State 
Implementation Plan (SIP) submitted to the EPA by the State of Oregon 
on October 5, 2011, June 8, 2012, and November 28, 2012. The submitted 
revisions relate to Oregon's Heat Smart program, rules for enforcement 
procedures and civil penalties, and contain minor revisions and 
clarifications to general air pollution definitions, rules for 
stationary source notification requirements, and requirements for fuel 
burning. The EPA is approving these SIP revisions because the revisions 
meet the requirements of the Clean Air Act.

DATES: This final rule is effective on July 22, 2013.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2012-0494. 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

[[Page 37125]]

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: Justin A. Spenillo at (206) 553-6125, 
[email protected], or the above EPA, Region 10 address.

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

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On October 5, 2011, June 8, 2012, and November 28, 2012, the State 
of Oregon submitted revisions to the EPA for approval into the Oregon 
SIP. The submitted revisions relate to Oregon's Heat Smart program in 
Oregon Administrative Rules (OAR) Chapter 340, Division 262 (OAR 340-
262), the enforcement procedures and civil penalties rules (OAR 340-
012), and contain minor revisions and clarifications to general air 
pollution definitions (OAR 340-200), rules for stationary source 
notification requirements (OAR 340-210), and requirements for fuel 
burning (OAR 340-228). In a proposed rule published on February 11, 
2013 (78 FR 9651), the EPA proposed to approve these revisions to the 
Oregon SIP. An explanation of the Clean Air Act (CAA) requirements and 
implementing regulations related to these SIP revisions and the EPA's 
reasons for approving the SIP revisions were provided in the notice of 
proposed rulemaking on February 11, 2013, and will not be restated 
here. The public comment period for this proposed rule ended on March 
13, 2013.

II. Response to Comments

    The EPA received two comments on the proposed rule. The first 
commenter requested clarification on the scope of the definition of 
solid fuel burning devices at OAR 340-262-0450. Specifically, the 
commenter requested and received confirmation from the EPA that 
barbeques and campfires were not included in the definition of solid 
fuel burning devices at OAR-340-262-0450. The second commenter 
supported the approval of the Oregon Heat Smart program rules and their 
contribution to reduced emissions and improved air quality. We agree 
with this comment and no response was necessary. Both comments are 
available in the docket.

III. Final Action

    The EPA is approving the October 5, 2011, June 8, 2012, and 
November 28, 2012 SIP submittals from the State of Oregon as meeting 
the requirements of the CAA. Specifically, the EPA is approving 
revisions to OAR 340-012, OAR 340-200, OAR 340-210, OAR 340-228 and OAR 
340-262 because the revisions are consistent with CAA requirements. In 
addition, the EPA approves the removal from the SIP of the regulations 
previously codified at OAR 340-262-0010 to OAR 340-262-0330 because the 
citations for these regulations have been renumbered.
    With regard to OAR 340-012, the EPA is approving the revisions to 
OAR 340-012, subject to the following qualifications. The EPA's 
authority to approve SIP revisions extends to provisions related to 
attainment and maintenance of the NAAQS and carrying out other specific 
requirements of Section 110 of the CAA. Therefore, the EPA is approving 
the revisions to OAR 340-012 only to the extent they relate to 
enforcement of requirements contained in the Federally-approved Oregon 
SIP. Additionally, the EPA is not incorporating these rules by 
reference into the Code of Federal Regulations because the EPA relies 
on its own independent enforcement procedures and penalty provisions in 
bringing enforcement actions and assessing penalties under the CAA.
    The submittals contain an amendment to OAR 340-200-0040, which 
describes the State's procedures for adopting its Clean Air Act 
Implementation Plan and references all of the state air regulations 
that have been adopted by the Environmental Quality Commission for 
approval into the SIP (as a matter of state law), whether or not they 
have yet been submitted to or approved by the EPA. We are proposing no 
action on the revisions to OAR 340-200-0040 in the SIP submittal 
because it is unnecessary to take action on a provision addressing 
State SIP adoption procedures and because the Federally-approved SIP 
consists only of regulations and other requirements that have been 
submitted by ODEQ and approved by the EPA.

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 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 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 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).

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.


[[Page 37126]]


    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 19, 2013. 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, Intergovernmental relations, Particulate matter, Volatile 
organic compounds, Reporting and recordkeeping requirements.

    Dated: April 3, 2013.
 Dennis J. McLerran,
Regional Administrator, Region 10.

    Part 52, chapter I, title 40 of the Code of Federal Regulations 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. Section 52.1970 is amended by adding paragraphs (c)(139)(i)(D) and 
(E), (c)(153)(i)(H) and (I), and (c)(157) to read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *
    (139) * * *
    (i) * * *
    (D) Based on a SIP revision submitted by Oregon on October 5, 2011, 
Oregon Administrative Rules Chapter 340, Division 262 ``Residential 
Woodheating,'' as effective October 14, 1999, the following provisions 
are removed from the SIP: 262-0010, 262-0020, 262-0030, 262-0040, 262-
0100, 262-0110, 262-0120, 262-0130, 262-0200, 262-0210, 262-0220, 262-
0230, 262-0240, 262-0250, 262-0300, 262-0310, 262-0320, 262-0330.
    (E) Based on a SIP revision submitted by Oregon on June 8, 2012, 
Oregon Administrative Rules Chapter 340, Division 210 ``Stationary 
Source Notification Requirements,'' as effective October 8, 2002, the 
following provisions are removed from the SIP and replaced by revised 
provisions effective May 17, 2012: 210-0100, 210-0110, 210-0120, 210-
0250.
* * * * *
    (153) * * *
    (i) * * *
    (H) Based on a SIP revision submitted by Oregon on June 8, 2012, 
Oregon Administrative Rules Chapter 340, Division 200 ``General Air 
Pollution Procedures and Definitions,'' the following provision 340-
200-0020, as effective May 1, 2011, is removed from the SIP and 
replaced by revised provision 340-200-0020 as effective May 17, 2012.
    (I) Based on a SIP revision submitted by Oregon on June 8, 2012, 
Oregon Administrative Rules Chapter 340, Division 228 ``Requirements 
for Fuel Burning Equipment and Fuel Sulfur Content,'' the following 
provisions 228-0020, 228-0200, 228-0210, as effective November 8, 2007, 
are removed from the SIP and replaced by revised provisions 228-0020, 
228-0200, 228-0210, as effective May 17, 2012.
* * * * *
    (157) On October 5, 2011, June 8, 2012, and November 28, 2012, the 
Oregon Department of Environmental Quality submitted revisions to the 
Oregon Administrative Rules (OAR) Chapter 340 as revisions to the 
Oregon State Implementation Plan (SIP). The submissions relate to 
Oregon's Heat Smart program, enforcement procedures and civil 
penalties, general air pollution definitions, rules for stationary 
source notification requirements, and requirements for fuel burning.
    (i) Incorporation by reference.
    (A) The following sections of the OAR Chapter 340, Division 262, 
effective March 15, 2011: Division 262, Heat Smart Program for 
Residential Woodstoves and Other Solid Fuel Heating Devices: Rule 0400 
Purpose and Applicability of Rules; Rule 0500 Certification of Solid 
Fuel Burning Devices for Sale as New; Rule 0700 Removal and Destruction 
of Used Solid Fuel Burning Devices; Rule 0800 Wood Burning and Other 
Heating Devices Curtailment Program; Rule 0900 Materials Prohibited 
from Burning.
    (B) The following sections of the OAR Chapter 340, Division 262, 
effective May 17, 2012: Division 262, Heat Smart Program for 
Residential Woodstoves and Other Solid Fuel Heating Devices: Rule 0450 
Definitions; Rule 0600 New and Used Solid Fuel Burning Devices Sold in 
Oregon.
    (ii) Additional Material:
    (A) The following revised sections of Oregon Administrative Rules 
Chapter 340, effective November 10, 2008: Division 12 Enforcement 
Procedures and Civil Penalties: Rule 0030 Definitions, Rule 0038 
Warning Letters, Pre-Enforcement Notices and Notices of Permit 
Violation, Rule 0155 Additional or Alternate Civil Penalties, Rule 0170 
Compromise or Settlement of Civil Penalty by Department.
    (B) The following revised sections of Oregon Administrative Rules 
Chapter 340, effective March 15, 2011: Division 12 Enforcement 
Procedures and Civil Penalties: Rule 0054 Air Quality Classifications 
and Violations, Rule 0140 Determination of Base Penalty.

[FR Doc. 2013-14501 Filed 6-19-13; 8:45 am]
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