[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36176-36179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13031]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0005; FRL-9947-23-Region 10]


Finding of Attainment and Approval of Attainment Plan for Klamath 
Falls, Oregon Fine Particulate Matter Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the 
finding of attainment and approving the attainment plan submitted on 
December 12, 2012 by the Oregon Department of

[[Page 36177]]

Environmental Quality (ODEQ) for the 2006 24-hour fine particulate 
matter (PM2.5) National Ambient Air Quality Standards 
(NAAQS) for the Klamath Falls, Oregon nonattainment area. Based upon 
2012-2014 quality-assured, quality-controlled, and certified ambient 
air monitoring data available in the EPA's Air Quality System (AQS), 
the area has monitored attainment of the 2006 24-hour PM2.5 
NAAQS. The EPA determined that the attainment plan addressed the 
nonattainment planning requirements of the Clean Air Act (CAA) and 
provided for attainment of the PM2.5 NAAQS. The attainment 
plan's strategy for controlling direct and precursor PM2.5 
emissions relied primarily on an episodic woodstove curtailment program 
and a program to change-out uncertified woodstoves.

DATES: This final rule is effective July 6, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2013-0005. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (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 will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy at the Air Planning Unit, Office of 
Air and Waste, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. The 
EPA requests that if at all possible, you contact the individual listed 
in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of 
the docket. You may view the hard copy of the docket Monday through 
Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information please contact Justin 
Spenillo at (206) 553-6125, [email protected] or by using the 
EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review

I. Background Information

    On April 13, 2016, the EPA proposed to approve the attainment plan 
submitted by the ODEQ on December 12, 2012 and to make a finding of 
attainment for the Klamath Falls PM2.5 area (81 FR 21814). 
An explanation of the CAA attainment planning requirements, a detailed 
analysis of the ODEQ's attainment plan submittal, and the EPA's reasons 
for proposing approval were provided in the notice of proposed 
rulemaking, and will not be restated here. The public comment period 
for this proposed rule ended on May 13, 2016. The EPA received no 
comments on the proposal.

II. Final Action

    The EPA is finalizing the finding of attainment and approving the 
attainment plan submitted by the ODEQ on December 12, 2012 for the 
Klamath Falls PM2.5 area as meeting the requirements of the 
CAA. The finding of attainment does not constitute a redesignation to 
attainment. Redesignations require states to meet a number of criteria 
including EPA approval of a state plan to maintain the air quality 
standard for 10 years after redesignation. Additionally, the EPA is 
approving and incorporating by reference updated versions of supporting 
regulations, specifically sections of Oregon Administrative Rules, 
Division 240 and Division 262 that provide for the contingency measures 
required under the CAA. The EPA is finalizing a Clean Data 
Determination (CDD) that suspends the requirements for the area to 
submit an attainment demonstration, associated Reasonably Available 
Control Measures, Reasonable Further Progress, contingency measures, 
and any other SIP planning requirements related to the attainment of 
the 2006 PM2.5 NAAQS, so long as the area continues to meet 
the standard. Although a CDD suspends the requirement for submission of 
certain attainment planning elements, it does not relieve the EPA of 
its responsibility to take action on a state's SIP submission. The EPA 
is fully approving the Klamath Falls nonattainment plan as meeting the 
requirements of the CAA. The EPA is also approving Exceptional Events 
on September 25, 2009; August 25, 28, and 31, 2012; and July 30 and 
August 5, 2013 and removing them from the data set used for regulatory 
purposes.

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, the EPA is finalizing the incorporation by reference of the 
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 http://www.regulations.gov 
and/or in hard copy at the appropriate EPA office (see the ADDRESSES 
section of this preamble for more information).

IV. Statutory and Executive Orders Review

    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 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).


[[Page 36178]]


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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 5, 2016. 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) of the CAA).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 24, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.

    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:
0
a. In paragraph (c), Table 2--EPA Approved Oregon Administrative Rules 
(OAR) is amended by:
0
i. Adding a undesignated heading titled ``Klamath Falls Nonattainment 
Area Contingency Measures'' after the entry for ``240-0560'' and adding 
the entries ``240-0570'', ``240-0580'', ``240-0610'', ``240-0620'', and 
``240-0630''; and
0
ii. Adding an entry ``262-1000'' after the entry for ``262-0900''; and
0
b. In paragraph (e), table titled ``State of Oregon Air Quality Control 
Program'' adding under ``Section 4'', a new entry ``4.62'' after the 
entry ``4.61''.
    The additions read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

                             Table 2--EPA-Approved Oregon Administrative Rules (OAR)
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                                                        State
      State citation            Title/subject      effective date    EPA approval date         Explanations
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Klamath Falls Nonattainment Area Contingency Measures
----------------------------------------------------------------------------------------------------------------
240-0570..................  Applicability........      12/11/2012  6/6/2016 [Insert
                                                                    Federal Register
                                                                    citation].
240-0580..................  Existing Industrial        12/11/2012  6/6/2016 [Insert
                             Sources Control                        Federal Register
                             Efficiency.                            citation].
240-0610..................  Continuous Monitoring      12/11/2012  6/6/2016 [Insert
                             for Industrial                         Federal Register
                             Sources.                               citation].
240-0620..................  Contingency Measures:      12/11/2012  6/6/2016 [Insert
                             New Industrial                         Federal Register
                             Sources.                               citation].
240-0630..................  Contingency Enhanced       12/11/2012  6/6/2016 [Insert
                             Curtailment of Use                     Federal Register
                             of Solid Fuel                          citation].
                             Burning Devices and
                             Fireplaces.
 
                                                  * * * * * * *
262-1000..................  Wood Burning               12/11/2012  6/6/2016 [Insert
                             Contingency Measures                   Federal Register
                             for PM2.5                              citation].
                             Nonattainment Areas.
 
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[[Page 36179]]

    (e) * * *

                                   State of Oregon Air Quality Control Program
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                                                        State
       SIP citation             Title/subject      effective date    EPA approval date         Explanations
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                                                  * * * * * * *
                                                     4.62, 12/12/  4.62, 6/6/2016         4.62, Klamath Falls
                                                             2012   [Insert Federal        PM2.5 Attainment Plan
                                                                    Register citation].
 
                                                  * * * * * * *
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[FR Doc. 2016-13031 Filed 6-3-16; 8:45 am]
 BILLING CODE 6560-50-P