[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Rules and Regulations]
[Pages 64346-64353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26159]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0562: FRL-9935-48-Region 10]


Approval and Promulgation of Implementation Plans; Oregon: Lane 
Regional Air Protection Agency Open Burning Rules and Oregon Department 
of Environmental Quality Enforcement Procedures

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving into 
Oregon's State Implementation Plan (SIP) a submittal from the Oregon 
Department of Environmental Quality (ODEQ) dated July 7, 2014, 
containing revisions to the Lane Regional Air Protection Agency's 
(LRAPA) open burning rules adopted on March 14, 2008. The revised LRAPA 
open burning rules make clarifications and provide for additional 
controls of open burning activities in Lane County, would reduce 
particulate emissions in Lane County, and would strengthen Oregon's 
SIP. The EPA is also approving a submittal from the ODEQ dated June 30, 
2014, to update Oregon Administrative Rules (OAR) that relate to 
procedures in contested cases (appeals), enforcement procedures, and 
civil penalties. The EPA is approving most of the submitted provisions 
because the revisions clarify and strengthen the SIP and are consistent 
with the Clean Air Act (CAA). The EPA is not approving certain 
provisions of the submitted rules that do not relate to the 
requirements for SIPs under section 110 of the CAA. Finally, the EPA is 
correcting the SIP pursuant to the authority of section 110(k)(6) of 
the CAA to remove certain provisions previously approved by the EPA 
that do not relate to the requirements for SIPs under section 110 of 
the CAA.

DATES: This rule is effective on December 22, 2015, without further 
notice, unless the EPA receives adverse comment by November 23, 2015. 
If the EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2014-0562, by any of the following methods:
     Federal eRulemaking Portal http://www.regulations.gov: 
Follow the on-line instructions for submitting comments.
     Email: [email protected].
     Mail: Mr. Keith Rose, EPA Region 10, Office of Air, Waste, 
and Toxics, AWT-150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle, WA 98101. Attention: Mr. Keith Rose, Office of Air, 
Waste, and Toxics, AWT-150. Such deliveries are only

[[Page 64347]]

accepted during normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2014-0562. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means the EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an email comment directly to the EPA 
without going through http://www.regulations.gov your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should avoid the use of special characters, any form of encryption, and 
be free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI 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. Publicly available docket 
materials are available at http://www.regulations.gov or 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: Keith A. Rose at (206) 553-1949, 
[email protected], or the above EPA, Region 10 address.

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

Table of Contents

I. Introduction
II. EPA Evaluation of the Submittals
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Introduction

    Title I of the CAA specifies the general requirements for states to 
submit SIPs to attain and maintain the National Ambient Air Quality 
Standards (NAAQS) and the EPA's actions regarding approval of those 
SIPs. The EPA received a submittal from the ODEQ on July 7, 2014 
requesting that the EPA approve into the Oregon SIP the revisions to 
the LRAPA open burning rules (title 47) adopted on March 14, 2008. In 
general, the revised LRAPA open burning rules make clarifications and 
provide for additional controls of open burning activities in Lane 
County. The EPA also received a submittal from the ODEQ on June 30, 
2014 that updates Oregon Administrative Rules (OAR) Chapter 340, 
Division 11, Rules of General Applicability and Organization, relating 
to contested cases (appeals of ODEQ actions) and OAR Chapter 340, 
Division 12, Enforcement Procedures and Civil Penalties. These 
divisions apply across all programs implemented by the ODEQ, including 
the air quality regulations that the EPA has approved into the SIP.
    The July 7, 2014 and June 30, 2014 SIP submittals also contain 
amendments to OAR 340-200-0040. This rule describes the State's 
procedures for adopting its SIP and references all of the state air 
regulations that have been adopted by the ODEQ 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.

II. EPA Evaluation of the Submittals

A. LRAPA Title 47, Open Burning (July 7, 2014 Submittal)

    LRAPA made numerous revisions throughout title 47, Open Burning. 
The key substantive changes are discussed below. A more detailed 
evaluation of the revisions to LRAPA's open burning rules is in the 
docket for this action. As discussed below, the EPA proposes to find 
that, overall, the revised rules will provide for additional controls 
for open burning activities in Lane County, reduce particulate 
emissions in Lane County, and strengthen Oregon's SIP.
1. Exemptions
    LRAPA made several revisions to the types of open burning exempt 
from regulation and added one new exemption category. Although 
residential barbequing remains exempt, LRAPA has clarified that certain 
prohibited materials, such as garbage or plastic, may not be burned as 
fuel. The exemption for residential fires for recreational purposes has 
been narrowed by prohibiting the use of yard waste as fuel and 
prohibiting such fires altogether on yellow and red home wood heating 
advisory days called by LRAPA in the winter months within the Eugene/
Springfield Urban Growth Boundary (ESUGB) and within the city limits of 
Oakridge. Religious ceremonial fires have been added as a new category 
of fires exempt from title 47. See LRAPA 47-005-2.C and 47-010 
(definition of ``religious ceremonial fires''). LRAPA expects religious 
ceremonial fires to occur infrequently and the definition requires that 
such fires be controlled, be ``integral to a religious ceremony or 
ritual,'' and that prohibited materials not be burned. Given the narrow 
scope of this exemption, that the exemptions from title 47 have 
otherwise been narrowed, and that the other revisions to title 47 
generally strengthen the prohibitions on open burning, the EPA finds 
that the new exemption for religious ceremonial fires will not 
interfere with attainment or maintenance of the NAAQS or any other 
applicable requirement of the CAA. The EPA therefore approves the 
revisions to LRAPA 47-005, Exemptions from these Rules.
2. Definitions
    The following definitions in LRAPA 47-010 have been revised: 
Agricultural open burning, commercial wastes, construction wastes, 
construction open burning, demolition wastes, demolition open burning, 
Eugene-Springfield Urban Growth Boundary, industrial open burning, and 
industrial waste. In general, the revisions to these definitions 
clarify the types of burn and waste categories. For example, through 
revisions to the definitions of construction waste, demolition waste, 
and commercial waste, it is now clear that wastes transported offsite 
are considered commercial waste even if the waste might otherwise meet 
the definition of construction or demolition waste. Because 
requirements for the open burning of commercial waste are generally 
more restrictive, these clarifications make the rules more

[[Page 64348]]

stringent. These changes to definitions also make clear that materials 
included in the list of prohibited materials in LRAPA 47-015-1.E cannot 
be burned even if the material otherwise meets the specified 
definition. Again, these revisions make the rules more stringent.
    Definitions have been added to LRAPA 47-010 for agricultural 
operation, agricultural waste, bonfire, forest slash open burning, 
nuisance, recreational fire, religious ceremonial fire, and salvage. 
The new definition of ``religious ceremonial fire'' is discussed above 
in Section II.A.1 and the new definition of ``forest slash opening 
burning'' is discussed in Section II.A.3 below. In general, the other 
new definitions clarify the meaning of terms previously used in the 
rules and thus enhance the enforceability of the rules.
    Because the revised and new definitions in LRAPA 47-010 either 
increase the stringency of the rules or provide clarification to 
enhance enforceability, the EPA approves revisions to LRAPA 47-010 
except for the definition of ``nuisance,'' which is discussed in more 
detail in Section II.A.5 below.
    Note that the introductory language in LRAPA 47-010 references 
title 12 of the LRAPA regulations for additional definitions. Proposed 
revisions to title 12 were included in a SIP submission that the EPA 
received on August 28, 2014. The present action does not address those 
revisions. The EPA will be acting on that submission in a future 
action.
3. Open Burning Requirements
    LRAPA 47-015 contains most of the requirements for open burning, 
with general requirements to be met for all open burning and specific 
requirements for residential open burning, construction and demolition 
open burning, commercial open burning, industrial open burning, and a 
new category, forest slash open burning.
    Requirements for residential open burning have been made more 
stringent in a number of respects. The ending times for open burns are 
now set by a LRAPA burning advisory, rather than automatically 
extending until sunset. All open burning remains prohibited within the 
city of Eugene, and the prohibition on open burning within the city of 
Springfield has been expanded so that the burning of woody yard 
trimmings on lots of a half acre or more is now only allowed between 
March 1 through June 15 and October 1 through October 31, rather than 
from October 1 to June 15. The period of allowed residential open 
burning outside of the Eugene and Springfield city limits but within 
the ESUGB has similarly been narrowed. The Hazeldell and Siuslaw fire 
districts have been added to the list of fire districts that must 
comply with the open burning requirements for fire districts, which 
include the prohibition on burning construction/demolition debris 
unless authorized by a letter permit. Therefore, the conditions for 
open burning in the two newly added fire districts are now more 
stringent. Finally, a new section restricts residential open burning of 
woody yard trimmings, leaves and grass in Lane County outside of the 
affected areas identified in LRAPA 47-015-2.B-F to approved burn days 
from October 1 through June 15, instead of year around. There have been 
no substantive changes to the requirements for construction and 
demolition open burning, commercial open burning, or industrial open 
burning.
    A new section has been added to specifically address forest slash 
open burning. LRAPA 47-015-6.A confirms that forest slash open burning 
in areas covered by the Oregon Smoke Management Plan is regulated by 
the Oregon Department of Forestry under ORS 477.515 and not under LRAPA 
title 47. Such burning is already specifically exempt from LRAPA title 
47 under the current SIP. See LRAPA 47-005-1.D.
    LRAPA 47-015-6.B addresses forest slash open burning in Lane County 
outside of areas covered by the Oregon Smoke Management Plan. Forest 
slash open burning in such areas is now expressly prohibited within the 
ESUGB. Forest slash open burning is also prohibited unless authorized 
by a letter permit under LRAPA 47-020, in the fire districts identified 
in LRAPA 47-015-2.F and other properties not covered by the Oregon 
Smoke Management Plan. Maps provided by LRAPA show that there is very 
limited forest land in Lane County that is not covered by the Smoke 
Management Plan, and would therefore be covered by the LRAPA forest 
slash open burning rules.
    Any slash burning in Lane County must now be coordinated with the 
South Cascade and Western Lane districts, and be consistent with slash 
burning advisories issued by Oregon Department of Forestry. In 
addition, under LRAPA 47-020-1, letter permits for such forest slash 
open burning can only be issued on a singly occurring or infrequent 
basis. According to LRAPA, forest slash open burning was not previously 
expressly regulated under title 47 prior to 1995. Seen in that light, 
the regulation of forest slash open burning on land not covered by the 
Oregon Smoke Management Plan would be an increase in the stringency of 
the Oregon SIP. The EPA considers the language in LRAPA 47-001 (``all 
open burning is prohibited in Lane County except as expressly allowed 
by these rules or if exempted from these rules by Oregon Statute''), 
which is currently approved in the SIP, however, as potentially 
prohibiting forest open slash burning on land that is not covered by 
the Oregon Smoke Management Plan. In that respect, authorizing forest 
slash open burning through a letter permit under certain conditions 
could be considered less stringent than the current SIP. In any event, 
given the many other provisions of this SIP revision that make the SIP 
more stringent, that only one instance of such open slash burning has 
been issued a letter permit by LRAPA since 1995, the factors considered 
by LRAPA and findings LRAPA must make in issuing a letter permit for 
forest slash open burning in LRAPA 47-020-5 and -6, the EPA concludes 
that allowing this narrow category of open burning will not interfere 
with attainment and maintenance of the NAAQS or any other applicable 
requirement of the CAA. Accordingly, with the exception of LRAPA 47-
015-6(B)(5), discussed in Section II.A.5 below, the EPA approves the 
revisions to LRAPA 47-015, Open Burning Requirements, because the 
revisions increase the overall stringency of the restrictions on open 
burning.
4. Letter Permits
    LRAPA 47-020 authorizes certain types of open burning under letter 
permits issued by LRAPA. As discussed in Section II.A.3 above, this 
section has been amended to add forest slash burning for a single 
occurrence or on an infrequent basis to the list of the categories of 
open burning that may be allowed by a letter permit issued by LRAPA. It 
has also been amended to authorize issuance of letter permits for a 
bonfire held for a single event. The EPA finds that the potential 
increase in emissions that would result from these infrequent 
activities would be de minimis in light of the other restrictions on 
open burning imposed by the other revisions to title 47 in this SIP 
submittal.
    LRAPA 47-020-5 contains a list of factors to be considered by LRAPA 
in determining whether to issue a letter permit. This provision has 
been amended to allow LRAPA to consider as an alternative disposal 
method whether waste materials can be salvaged.
    Because the availability of alternative disposal options mitigates 
against authorizing open burning under LRAPA's rules, see LRAPA 47-001, 
expanding the list of what can be

[[Page 64349]]

considered as an alternative disposal method makes the rules more 
stringent.
    With the exception of certain provisions discussed below in Section 
II.A.5 that do not relate to the requirements of section 110 of the 
CAA, the EPA approves the revisions to LRAPA 47-020 because the 
revisions do not interfere with attainment and maintenance of the NAAQS 
or any other applicable requirement of the CAA.
5. Summary Table
    LRAPA has removed the table is section 47-030, Summary of Seasons, 
Areas, and Permit Requirements for Open Burning. This table was a 
summary of the text explaining what type of burning was allowed in each 
area of Lane County. Removing this table has no impact on the 
stringency of the rule.
6. Rules Not Approved or Being Removed From the SIP
    Title 47 contains several provisions, both previously approved by 
the EPA into the Oregon SIP, and newly enacted or revised provisions, 
that relate to nuisance, fire safety, or environmental issues that do 
not relate to air quality. The EPA's authority to approve SIPs extends 
to provisions related to attainment and maintenance of the NAAQS and 
carrying out other specific requirements of section 110 of the CAA. 
Section 110(k)(6) of the CAA authorizes the EPA, upon a determination 
that the EPA's action approving, disapproving or promulgating any SIP 
or plan revision (or any part thereof) was in error, to revise such 
action as appropriate.
    In this action, the EPA is not approving into the SIP and is 
removing from the SIP the following provisions of title 47 that do not 
relate to attainment and maintenance of the NAAQS or the other 
requirements of section 110 the CAA: The definition of ``nuisance'' in 
LRAPA 47-010; LRAPA 47-015-1.D (currently in the SIP); LRAPA 47-015-
1.H; LRAPA 47-015-6.B(5); LRAPA 47-020-3 (currently in the SIP); LRAPA 
47-020-9.I; LRAPA 47-020-10 (first sentence currently in the SIP).

B. ODEQ Chapter 340, Divisions 11 and 12 (June 30, 2014 Submittal)

1. Division 11, Rules of General Applicability and Organization
    Oregon's June 30, 2014 submittal revises OAR Chapter 340, Division 
11, to align with the Oregon Attorney General Model Rules, which 
address procedures for filing and serving documents in contested cases 
(appeals of ODEQ actions). These rule revisions were adopted by Oregon 
on December 11, 2013 and became effective on January 6, 2014. The rules 
were revised to improve the clarity and completeness of contested case 
appeals coming before the Environmental Quality Commission.
    Division 11 provides authority needed for implementing the SIP and 
is consistent with the CAA requirements for the issuance of permits and 
enforcement authority. The EPA is therefore approving the revisions to 
Division 11 submitted by the ODEQ, subject to the qualifications 
discussed below in Section III.
2. Division 12, Enforcement Procedures and Civil Penalties
    Division 12 contains enforcement procedures and civil penalty 
provisions that apply across all programs implemented by the ODEQ, 
including the air quality regulations that the EPA has approved into 
the SIP. Division 12 provides the authority and procedures under which 
the ODEQ notifies regulated entities of violations, determines the 
appropriate penalties for violations, and assesses penalties for such 
violations. The revisions to Division 12 made by the ODEQ implement 
legislative increases in statutory maximum penalties, align violation 
classifications and magnitudes with ODEQ program priorities, provide 
greater mitigating credit for correcting violations, and make minor 
housekeeping changes.
    The EPA has reviewed the revisions to OAR Chapter 340, Division 12 
and finds that these rules continue to provide the ODEQ with adequate 
authority for enforcing the SIP as required by section 110 of the Clean 
Air Act and 40 CFR 50.230(b). Importantly, OAR 340-012-0160(1) gives 
the ODEQ the discretion to increase a base penalty to that derived 
using the next highest penalty matrix value and OAR 340-012-0160(4) 
gives the ODEQ the discretion to deviate from the penalty matrices and 
assess penalties of $25,000 per day, per violation based on the facts 
and circumstances of the individual case. The EPA therefore approves 
into the SIP the revisions to Division 12 submitted by the ODEQ, 
subject to the qualifications discussed below in Section III.

III. Final Action

    The EPA is taking the following action on the revisions to LRAPA 
title 47, Open Burning, adopted on May 14, 2008, and submitted to the 
EPA by the ODEQ on July 7, 2014. We approve the revisions to the 
following sections except as identified below: 47-001, General Policy; 
47-005, Exemptions from These Rules; 47-010, Definitions; 47-015, Open 
Burning Requirements; and 47-020, Letter Permits. As discussed in 
Section II.A.5 above, because the EPA's authority to approve SIPs 
extends to provisions related to attainment and maintenance of the 
NAAQS and carrying out other specific requirements of section 110 of 
the CAA, we are not approving into the SIP and are removing from the 
SIP under the authority of CAA section 110(k)(6) the following 
provisions: The definition of ``nuisance'' in LRAPA 47-010; LRAPA 47-
015-1.D (currently in the SIP); LRAPA 47-015-1.H; LRAPA 47-015-6.B(5); 
LRAPA 47-020-3 (currently in the SIP); LRAPA 47-020-9.I; LRAPA 47-020-
10 (first sentence currently in the SIP).
    The EPA also approves revisions to OAR Chapter 340, Division 11, 
adopted on December 11, 2013 and submitted by the ODEQ on June 30, 
2014. The EPA is approving this division, however, only to the extent 
it relates to implementation of requirements contained in the Oregon 
SIP. The EPA is not incorporating these rules by reference into the 
Code of Federal Regulations, however, because the EPA relies on its 
independent administrative and enforcement procedures under the CAA.
    The EPA also approves revisions to OAR Chapter 340, Division 12, 
adopted on December 11, 2013 and submitted by the ODEQ on June 30, 
2014, except for the following provisions that do not relate to air 
emissions and were not submitted by the ODEQ for approval: OAR 340-012-
0027,\1\ -0055, -0060, -0065, -0066, -0067, -0068, -0071, -0072, -0073, 
-0074, -0079, -0081, -0082, -0083, -0097. In addition, the EPA is 
approving the remaining sections in Chapter 340, Division 12, only to 
the extent they relate to enforcement of requirements contained in the 
Oregon SIP. Again, the EPA is not incorporating these rules by 
reference into the Code of Federal Regulations, however, because the 
EPA relies on its independent enforcement procedures and penalty 
provisions in bringing enforcement actions and assessing penalties 
under the CAA.
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    \1\ No such citation appears in Division 12, but these 
provisions have not been submitted by the ODEQ in any event.
---------------------------------------------------------------------------

    The EPA is not approving the revisions to OAR 340-200-0040 in these 
SIP submittals because these provisions address state SIP adoption 
procedures and because the Federally-approved SIP consists only of 
regulations and other requirements that have been submitted by the ODEQ 
and approved by the EPA.

[[Page 64350]]

IV. 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 incorporating by reference the ODEQ regulations 
described in the amendments to 40 CFR part 52 set forth below. The EPA 
has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or in hard 
copy at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

V. Statutory and Executive Orders 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); 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).
    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).
    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 December 22, 2015. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that the EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. 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, Intergovernmental 
relations, Incorporation by reference, Particulate matter, Reporting, 
and recordkeeping requirements.

    Dated: September 25, 2015.
Michelle L. Pirzadeh,
Acting 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. Section 52.1970 is amended:
0
a. In paragraph (c) Table 4--EPA Approved Lane Regional Air Protection 
Agency (LRAPA) Rules for Oregon by:
0
i. Revising entries 47-001, 47-005, 47-010, 47-015, and 47-020.
0
ii. Removing the entry 47-030.
0
b. In paragraph (e) table titled ``Oregon Administrative Rules 
Approved, But Not Incorporated By Reference'' by:
0
i. Revising entry 011-0005.
0
ii. Adding entries 011-0010, 011-0024, 011-0029, 011-0046, 011-0053, 
011-0061, 011-0310, 011-0330, 011-0340, 011-0360, 011-0370, 011-0380, 
011-0390, and 011-0500 in numerical order.
0
iii. Revising entries 011-0510 and 011-0515.
0
iv. Adding entries 011-0520, 011-0525, 011-0530, 011-0535, 011-0540, 
011-0545, 011-0550, 011-0555, 011-0565, and 011-0570 in numerical 
order.
0
v. Revising entries 011-0573 and 011-0575.
0
vi. Adding entries 011-0580 and 011-0585 in numerical order.
0
vii. Revising entries 012-0026, 012-0028, 012-0030, 012-0038, 012-0041, 
012-0045, 012-0053, 012-0054, 012-0130, 012-0135, 012-0140, 012-0145, 
012-0150, 012-0155, 012-0160, 012-0162, 012-0165, and 012-0170.
    The revisions and additions read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

[[Page 64351]]



               Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules for Oregon
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                                                         State
       LRAPA citation            Title/subject      effective date    EPA approval date         Explanations
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Title 47--Rules for Open Outdoor Burning
----------------------------------------------------------------------------------------------------------------
47-001.....................  General Policy.......       3/14/2008  10/23/2015, [Insert    .....................
                                                                     Federal Register
                                                                     citation].
47-005.....................  Exemptions from these       3/14/2008  10/23/2015, [Insert    .....................
                              Rules.                                 Federal Register
                                                                     citation].
47-010.....................  Definitions..........       3/14/2008  10/23/2015, [Insert    Except the definition
                                                                     Federal Register       of ``nuisance''.
                                                                     citation].
47-015.....................  Open Burning                3/14/2008  10/23/2015, [Insert    Except 1.D, 1.H, and
                              Requirements.                          Federal Register       6.B(5).
                                                                     citation].
47-020.....................  Letter Permits.......       3/14/2008  10/23/2015, [Insert    Except 3, 9.I, and
                                                                     Federal Register       10.
                                                                     citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) EPA Approved Nonregulatory provisions and Quasi-Regulatory 
Measures.

                     Oregon Administrative Rules, Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                                                         State
       State citation            Title/subject      effective date    EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------
                          Division 11--Rules of General Applicability and Organization
----------------------------------------------------------------------------------------------------------------
011-0005...................  Definitions..........        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0010...................  Notice of Rulemaking.        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0024...................  Rulemaking Process...        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0029...................  Policy on Disclosure         1/6/2014  10/23/2015, [Insert
                              of the Relationship                    Federal Register
                              Between Proposed                       citation].
                              Rules and Federal
                              Requirements.
011-0046...................  Petition to                  1/6/2014  10/23/2015, [Insert
                              Promulgate, Amend,                     Federal Register
                              or Repeal Rule:                        citation].
                              Content of Petition,
                              Filing or Petition.
011-0053...................  Periodic Rule Review.        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0061...................  Declaratory Ruling:          1/6/2014  10/23/2015, [Insert
                              Institution of                         Federal Register
                              Proceedings,                           citation].
                              Consideration of
                              Petition and
                              Disposition of
                              Petition.
011-0310...................  Purpose..............        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0330...................  Requests for Review          1/6/2014  10/23/2015, [Insert
                              or to Obtain Copies                    Federal Register
                              of Public Records.                     citation].
011-0340...................  Costs for Record             1/6/2014  10/23/2015, [Insert
                              Review and Copying.                    Federal Register
                                                                     citation].
011-0360...................  Collecting Fees......        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0370...................  Certification of             1/6/2014  10/23/2015, [Insert
                              Copies of Records.                     Federal Register
                                                                     citation].
011-0380...................  Fee Waivers and              1/6/2014  10/23/2015, [Insert
                              Reductions.                            Federal Register
                                                                     citation].
011-0390...................  Exempt Records.......        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0500...................  Contested Case               1/6/2014  10/23/2015, [Insert
                              Proceedings                            Federal Register
                              Generally.                             citation].
011-0510...................  Agency Representation        1/6/2014  10/23/2015, [Insert
                              by Environmental Law                   Federal Register
                              Specialist.                            citation].

[[Page 64352]]

 
011-0515...................  Authorized                   1/6/2014  10/23/2015, [Insert
                              Representative of a                    Federal Register
                              Participant other                      citation].
                              than a Natural
                              Person in a
                              Contested Case
                              Hearing.
011-0520...................  Liability for the            1/6/2014  10/23/2015, [Insert
                              Acts of a Person's                     Federal Register
                              Employees.                             citation].
011-0525...................  Service and Filing of        1/6/2014  10/23/2015, [Insert
                              Documents.                             Federal Register
                                                                     citation].
011-0530...................  Requests for Hearing.        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0535...................  Final Orders by              1/6/2014  10/23/2015, [Insert
                              Default.                               Federal Register
                                                                     citation].
011-0540...................  Consolidation or             1/6/2014  10/23/2015, [Insert
                              Bifurcation of                         Federal Register
                              Contested Case                         citation].
                              Hearings.
011-0545...................  Burden and Standard          1/6/2014  10/23/2015, [Insert
                              of Proof in                            Federal Register
                              Contested Case                         citation].
                              Hearings; DEQ
                              Interpretation of
                              Rules and Statutory
                              Terms.
011-0550...................  Discovery............        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0555...................  Subpoenas............        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0565...................  Immediate Review.....        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0570...................  Permissible Scope of         1/6/2014  10/23/2015, [Insert
                              Hearing.                               Federal Register
                                                                     citation].
011-0573...................  Proposed Orders in           1/6/2014  10/23/2015, [Insert
                              Contested Cases.                       Federal Register
                                                                     citation].
011-0575...................  Review of Proposed           1/6/2014  10/23/2015, [Insert
                              Orders in Contested                    Federal Register
                              Cases.                                 citation].
011-0580...................  Petitions for                1/6/2014  10/23/2015, [Insert
                              Reconsideration or                     Federal Register
                              Rehearing.                             citation].
011-0585...................  Petitions for a Stay         1/6/2014  10/23/2015, [Insert
                              of the Effect of a                     Federal Register
                              Final Order.                           citation].
----------------------------------------------------------------------------------------------------------------
                             Division 12--Enforcement Procedure and Civil Penalties
----------------------------------------------------------------------------------------------------------------
012-0026...................  Policy...............        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
012-0028...................  Scope of                     1/6/2014  10/23/2015, [Insert
                              Applicability.                         Federal Register
                                                                     citation].
012-0030...................  Definitions..........        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
012-0038...................  Warning Letters, Pre-        1/6/2014  10/23/2015, [Insert
                              Enforcement Notices                    Federal Register
                              and Notices of                         citation].
                              Permit Violation.
012-0041...................  Formal Enforcement           1/6/2014  10/23/2015, [Insert
                              Actions.                               Federal Register
                                                                     citation].
012-0045...................  Civil Penalty                1/6/2014  10/23/2015, [Insert
                              Determination                          Federal Register
                              Procedure.                             citation].
012-0053...................  Classification of            1/6/2014  10/23/2015, [Insert
                              Violations that                        Federal Register
                              Apply to all                           citation].
                              Programs.
012-0054...................  Air Quality                  1/6/2014  10/23/2015, [Insert
                              Classification of                      Federal Register
                              Violations.                            citation].
012-0130...................  Determination of             1/6/2014  10/23/2015, [Insert
                              Violation Magnitude.                   Federal Register
                                                                     citation].
012-0135...................  Selected Magnitude           1/6/2014  10/23/2015, [Insert
                              Categories.                            Federal Register
                                                                     citation].
012-0140...................  Determination of Base        1/6/2014  10/23/2015, [Insert
                              Penalty.                               Federal Register
                                                                     citation].
012-0145...................  Determination of             1/6/2014  10/23/2015, [Insert
                              Aggravating or                         Federal Register
                              Mitigating Factors.                    citation].
012-0150...................  Determination of             1/6/2014  10/23/2015, [Insert
                              Economic Benefit.                      Federal Register
                                                                     citation].
012-0155...................  Additional or                1/6/2014  10/23/2015, [Insert
                              Alternate Civil                        Federal Register
                              Penalties.                             citation].
012-0160...................  DEQ Discretion               1/6/2014  10/23/2015, [Insert
                              Regarding Penalty                      Federal Register
                              Assessment.                            citation].
012-0162...................  Inability to Pay the         1/6/2014  10/23/2015, [Insert
                              Penalty.                               Federal Register
                                                                     citation].

[[Page 64353]]

 
012-0165...................  Stipulated Penalties.        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
012-0170...................  Compromise or                1/6/2014  10/23/2015, [Insert
                              Settlement of Civil                    Federal Register
                              Penalty by DEQ.                        citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-26159 Filed 10-22-15; 8:45 am]
BILLING CODE 6560-50-P