[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Rules and Regulations]
[Pages 46612-46613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16789]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0051; FRL--9949-18-Region 10]


Extension of the Attainment Date for the Oakridge, Oregon 24-hour 
PM2.5 Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing its 
decision to grant a 1-year extension of the attainment date for the 
Oakridge, Oregon nonattainment area to meet the 2006 24-hour 
PM2.5 NAAQS from December 31, 2015 to December 31, 2016, on 
the basis that the State has met the criteria for such an extension 
under the Clean Air Act (CAA).

DATES: This final rule is effective August 17, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2016-0051. 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 
above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background Information
II. Final Action
III. Statutory and Executive Orders Review

I. Background Information

    On May 18, 2016, the EPA proposed to grant a 1-year extension of 
the attainment date for the Oakridge, Oregon nonattainment area to meet 
the 2006 24-hour PM2.5 NAAQS from December 31, 2015 to 
December 31, 2016, on the basis that the State has met the criteria for 
such an extension under the CAA (81 FR 31202). An explanation of the 
CAA requirements, a detailed analysis of the 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 June 17, 2016. The EPA received no 
comments on the proposal.

II. Final Action

    The EPA finds that the State has met the criteria for receiving a 
1-year extension to the Moderate area attainment date for the 2006 
PM2.5 NAAQS for the Oakridge NAA as provided in section 
188(d) of the Act. The State is implementing the requirements and 
commitments in the applicable attainment plan for the PM2.5 
NAAQS in the area, and the 98th percentile 24-hour PM2.5 air 
quality value for 2015 is below 35 [mu]g/m\3\. Accordingly, the State 
has established that it meets the criteria of section 188(d) as the EPA 
interprets those requirements for purposes of the 2006

[[Page 46613]]

PM2.5 NAAQS. The EPA therefore exercises the discretion 
granted to the Administrator by section 188(d) of the CAA to extend the 
Moderate area attainment date for the Oakridge NAA from December 31, 
2015 to December 31, 2016.

III. Statutory and Executive Orders Review

    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 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 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 September 16, 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)).

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: July 7, 2016.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2016-16789 Filed 7-15-16; 8:45 am]
 BILLING CODE 6560-50-P