[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72714-72716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25296]



40 CFR Part 52

[EPA-R10-OAR-2013-0004; FRL-9954-32-Region 10]

Partial Approval and Partial Disapproval of Attainment Plan for 
Oakridge, Oregon PM2.5 Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: On December 12, 2012, the Oregon Department of Environmental 
Quality (ODEQ) submitted, on behalf of the Governor of Oregon, a State 
Implementation Plan (SIP) submission to address violations of the 
National Ambient Air Quality Standards (NAAQS) for particulate matter 
with an aerodynamic diameter of less than or equal to a nominal 2.5 
micrometers (PM2.5) for the Oakridge PM2.5 
nonattainment area (2012 SIP submission). The Lane Regional Air 
Protection Agency (LRAPA), in coordination with the ODEQ, developed the 
2012 SIP submission for purposes of attaining the 2006 24-hour 
PM2.5 NAAQS. On February 22, 2016, the ODEQ withdrew certain 
provisions of the 2012 SIP submission (2016 SIP withdrawal). The 
Environmental Protection Agency (EPA) has evaluated whether the 
remaining portions of the 2012 SIP submission meet the applicable Clean 
Air Act (CAA) requirements. Based on this evaluation, the EPA is 
finalizing partial approval and partial disapproval of the remaining 
portions of the 2012 SIP submission.

DATES: This final rule is effective November 21, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2013-0004. 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, i.e., 
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, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Christi Duboiski at (360) 753-9081, 
[email protected] or by using the above EPA, Region 10 address.


Table of Contents

I. Background Information
II. Final Action
III. Consequences of a Disapproved SIP
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Background Information

    On July 28, 2016, the EPA proposed to partially approve and 
partially disapprove the attainment plan submitted by the ODEQ on 
December 12, 2012 (81 FR 49592). An explanation of the CAA attainment 
planning requirements, a detailed analysis of the submittal, and the 
EPA's reasons for proposing partial approval and partial disapproval 
were provided in the notice of proposed rulemaking, and will not be 
restated here. The public comment period for the proposed rule ended on 
August 29, 2016. The EPA received no comments on the proposal.

II. Final Action

    The EPA is finalizing approval of the following elements of the 
2012 SIP submission:
     Description of the Oakridge PM2.5 nonattainment 
area and listing of the area as nonattainment, and
     The base year 2008 emission inventory submitted to meet 
the CAA section 172(c)(3) requirement for emissions inventories.
    The EPA is finalizing disapproval of the following elements of the 
2012 SIP submission:
     The attainment year emission inventory submitted to meet 
the CAA section 172(c)(3) requirement for emissions inventories,
     the reasonably available control measures (RACM), 
including reasonably available control technology (RACT), submitted to 
meet the CAA sections 172(c)(1) and 189(a)(1)(C) requirements for 
control measures for moderate nonattainment areas,
     the attainment demonstration submitted to meet the CAA 
section 189(a)(1)(B) requirement for a demonstration that the plan will 
provide for attainment by the applicable attainment date,
     the motor vehicle emissions budget (MVEB) submitted to 
meet CAA section 176 requirement for transportation conformity,
     the demonstration of reasonable further progress (RFP) and 
quantitative milestones submitted to meet section 172(c)(2) and 189(c) 
requirements for RFP and quantitative milestones, and
     the contingency measures submitted to meet the section 
172(c)(9) requirement for the implementation of measures to be 
undertaken, without further action by the state or EPA, if the area 
fails to make RFP or attain the NAAQS by the applicable attainment 

III. Consequences of a Disapproved SIP

    This section explains the consequences of a disapproved SIP 
submission required under the CAA. The Act provides for the imposition 
of sanctions and the promulgation of a federal implementation plan 
(FIP) if a state fails to submit, and the EPA approve, a plan revision 
that corrects the deficiencies identified by the EPA in its 

The Act's Provisions for Sanctions

    Once the EPA finalizes disapproval of a required SIP submission, 
such as an attainment plan submission, or a portion thereof, CAA 
section 179(a) provides for the imposition of sanctions, unless the 
deficiency is corrected within 18 months of the final rulemaking of 
disapproval. The first sanction would apply 18 months after the EPA 
disapproves the SIP submission, or portion thereof. Under the EPA's 
sanctions regulations at 40 CFR 52.31, the first sanction imposed would 
be 2:1 offsets for sources subject to the new source review 
requirements under section 173 of the CAA. If the state has still 
failed to submit a SIP submission to correct the identified 
deficiencies for which the EPA proposes full or conditional approval 6 
months after the first sanction is imposed, the second sanction will 
apply. The second sanction is a prohibition on the approval or funding 
certain highway projects.\1\

    \1\ On April 1, 1996 the US Department of Transportation 
published a notice in the Federal Register describing the criteria 
to be used to determine which highway projects can be funded or 
approved during the time that the highway sanction is imposed in an 
area. (See 61 FR 14363)


[[Page 72715]]

Federal Implementation Plan Provisions That Apply if a State Fails To 
Submit an Approvable Plan

    In addition to sanctions, once the EPA finds that a state failed to 
submit the required SIP revision, or finalizes disapproval of the 
required SIP revision or a portion thereof, the EPA must promulgate a 
FIP no later than two years from the date of the finding--if the 
deficiency has not been corrected within that time period.

Ramifications Regarding Conformity

    One consequence of the EPA's action finalizing disapproval of a 
control strategy SIP submission is a conformity freeze.\2\ If the EPA 
finalizes disapproval of the attainment demonstration SIP without a 
protective finding, a conformity freeze will be in place as of the 
effective date of the disapproval (40 CFR 93.120(a)(2)).\3\ The 
Oakridge PM2.5 nonattainment area is an isolated rural area 
as defined in the transportation conformity rule (40 CFR 93.101). As 
such, it does not have a metropolitan planning organization (MPO), and 
there is no long range transportation plan or TIP that would be subject 
to a freeze. However, the freeze does mean that no projects in the 
Oakridge PM2.5 nonattainment area may be found to conform 
until another attainment demonstration SIP is submitted, and the motor 
vehicle emissions budgets are found adequate, or the attainment 
demonstration is approved.

    \2\ Control strategy SIP revisions as defined in the 
transportation conformity rules include reasonable further progress 
plans and attainment demonstrations (40 CFR 93.101).
    \3\ The EPA would give a protective finding if the submitted 
control strategy SIP contains adopted control measures, or written 
commitments to adopt enforceable control measures, that fully 
satisfy the emissions reductions requirements relevant to the 
statutory provision for which the implementation plan revision was 
submitted, such as reasonable further progress or attainment (40 CFR 
93.101 and 93.120(a)(2) and (3)). The submitted attainment plan for 
the Oakridge NAA does not contain all necessary controls to attain 
the 2006 24-hour PM2.5 NAAQS and therefore is not 
eligible for a protective finding.

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 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).

V. 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, 
     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. 
    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 December 20, 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: October 6, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.

    For the reasons stated in the preamble, 40 CFR part 52 is amended 
as follows:


1. The authority citation for Part 52 continues to read as follows:

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

[[Page 72716]]

Subpart MM--Oregon

2. In 52.1970 (c), amend Table 4--EPA Approved Lane Regional Air 
Protection Agency (LRAPA) Rules for Oregon by:
A. Revising the heading for Title 29; and
B. Revising entries 29-0010 and 29-0030.
    The revisions read as follows:

Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

               Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules for Oregon
     LRAPA  citation           Title/subject      effective date     EPA approval date         Explanations
                                                  * * * * * * *
                                   Title 29--Designation of Air Quality Areas
29-0010.................  Definitions...........      10/18/2012  10/21/2016, [Insert     Except 1-5, 7-9, and
                                                                   Federal Register        11-15.
29-0030.................  Designation of              10/18/2012  10/21/2016, [Insert
                           Nonattainment Areas.                    Federal Register
                                                  * * * * * * *

[FR Doc. 2016-25296 Filed 10-20-16; 8:45 am]