[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Pages 5537-5540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02465]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0051; FRL-9974-16-Region 10]


Air Plan Approval; OR, Oakridge; PM2.5 Moderate Plan, Finding of 
Attainment and Clean Data Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
finding of attainment by the attainment date and a clean data 
determination (CDD) for the Oakridge-Westfir (Oakridge), Oregon fine 
particulate matter nonattainment area (Oakridge NAA). The finding is 
based upon quality-assured, quality-controlled, and certified ambient 
air monitoring data showing the area has monitored attainment of the 
2006 24-hour fine particulate matter (PM2.5) National 
Ambient Air Quality Standards (NAAQS) based on 2014-2016 data available 
in the EPA's Air Quality System (AQS) database. This determination will 
not constitute a redesignation to attainment.
    The EPA is also finalizing approval of the revisions to Oregon's 
State Implementation Plan (SIP) consisting of the updated Oakridge-
Westfir PM2.5 Attainment Plan (Oakridge Update) submitted by 
the Oregon Department of Environmental Quality (ODEQ) on January 20, 
2017. The purpose of the Oakridge Update, developed by Lane Regional 
Air Protection Agency (LRAPA) in coordination with the ODEQ, is to 
provide an attainment demonstration of the 2006 24-hour 
PM2.5 NAAQS and correct deficiencies in the 2012 Oakridge 
Attainment Plan.

DATES: This final rule is effective March 12, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2017-0051. All documents in the docket are 
listed on the https://www.regulations.gov website. 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 https://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.

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

Table of Contents

I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

[[Page 5538]]

I. Background Information

    On October 21, 2016, the Environmental Protection Agency (EPA) 
finalized a partial approval and partial disapproval of the 2012 
Oakridge Attainment Plan (81 FR 72714) which started a sanction clock 
for the imposition of offset sanctions and highway sanctions, 18 months 
and 24 months respectively, after the November 21, 2016 effective date, 
pursuant to section 179(a) of the Clean Air Act (CAA) and our 
regulations at 40 CFR 52.31. In addition to sanctions, the EPA is 
required to promulgate a Federal Implementation Plan (FIP) no later 
than two years from the date of the finding if the deficiency has not 
been corrected within that time period.
    On January 20, 2017, Oregon Department of Environmental Quality 
(ODEQ) submitted the Oakridge Update to correct the deficiencies 
identified in the 2012 Oakridge Attainment Plan. On November 14, 2017, 
(82 FR 52683) the EPA proposed to approve the finding of attainment by 
the attainment date, the clean data determination (CDD) for the 
Oakridge-Westfir (Oakridge), Oregon fine particulate matter 
nonattainment area (Oakridge NAA), and the Oregon's State 
Implementation Plan (SIP) consisting of the updated Oakridge-Westfir 
PM2.5 Attainment Plan (Oakridge Update), which provided an 
attainment demonstration of the 2006 24-hour fine particulate matter 
(PM2.5) National Ambient Air Quality Standards (NAAQS). An 
explanation of the CAA attainment planning 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 EPA believes the Oakridge Update corrects the deficiencies 
identified in our October 21, 2016, partial approval and partial 
disapproval action. Therefore, we are taking final action to make an 
attainment finding and approve the Oakridge Update as discussed in our 
notice of proposed rulemaking, and all sanctions and sanction clocks 
related to the 2012 Oakridge Attainment Plan, partial approval and 
partial disapproval action will be permanently terminated on the 
effective date of this final approval. The public comment period for 
the proposed rule ended on December 14, 2017. The EPA received no 
comments on the proposal.
    Neither the finding of attainment by the attainment date nor CDD is 
equivalent to the redesignation of the area to attainment. This action 
does not constitute a redesignation to attainment under section 
107(d)(3)(E) of the CAA, because the state must have an approved 
maintenance plan for the area as required under section 175A of the 
CAA, and a determination that the area has met the other requirements 
for redesignation in order to be redesignated to attainment. The 
designation status of the area will remain nonattainment for the 2006 
PM2.5 NAAQS until such time as the EPA determines that the 
area meets the CAA requirements for redesignation to attainment in CAA 
section 107(d)(3)(E).

II. Final Action

    The EPA is finalizing approval of the following items:
     The determination that the Oakridge area attained the 2006 
24-hour PM2.5 NAAQS by the December 31, 2016 attainment date 
as demonstrated by quality-assured and quality-controlled 2014-2016 
ambient air monitoring data.
     The Oakridge NAA achieved a clean data determination (CDD) 
in accordance with the EPA's clean data policy.
     The Oakridge Update as meeting the requirements of section 
110(k) of the CAA. Specifically, the EPA has determined the Oakridge 
Update meets the substantive statutory and regulatory requirements for 
base year and projected emissions inventories for the nonattainment 
area, and an attainment demonstration with modeling analysis and 
imposition of RACM/RACT level emission controls, RFP plan, QMs, and 
contingency measures.\1\ The EPA is also approving a comprehensive 
precursor demonstration for VOCs, SO2, NOX, and 
NH3 and the 2015 MVEB of 22.2 lb/day for direct 
PM2.5. The EPA believes approval of these SIP elements 
corrects deficiencies identified in our October 21, 2016 partial 
approval and partial disapproval action that initiated sanctions clocks 
(81 FR 72714). All sanctions and sanction clocks related to the partial 
disapproval of the 2012 Oakridge Attainment Plan will be permanently 
terminated on the effective date of the final approval of this action.
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    \1\ It is important to note, the 2016 Oakridge Update includes 
the complete 2012 Oakridge Attainment Plan which was previously 
partially approved, partially disapproved (81 FR 72714). In this 
action, the EPA is taking no action on the following elements of 
2012 Oakridge Attainment Plan included in Appendix 3 of the 2016 
Oakridge Update; the 2012 Oakridge PM2.5 Attainment Plan 
and associated appendices F1, F6 and K. These elements are 
considered informational elements, not essential for making 
decisions on the 2016 Oakridge Update. On February 24, 2016, ODEQ 
withdrew appendices F2 and F3 from the Oakridge PM2.5 
Attainment Plan submittal and clarified that they were provided for 
informational purposes only.
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     The EPA is approving, and incorporating by reference, the 
following sections in the City of Oakridge Ordinance 920: Section 1 
Definitions; Section 2(1) Curtailment; Section 2(2) Prohibited 
materials; Section 3 Solid Fuel Burning Devices Upon Sale of the 
Property; Section 4 Solid Fuel Burning Devices Prohibited; Section 5 
Solid Fuel Burning Devices Exemptions; Section 7 Contingency Measures.

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 materials 
generally available through https://www.regulations.gov and at the EPA 
Region 10 Office (please contact the person identified in the ``For 
Further Information Contact'' section of this preamble for more 
information). Therefore, these materials have been approved by the EPA 
for inclusion in the State implementation plan, have been incorporated 
by reference by the EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of the EPA's approval, and will be incorporated by 
reference by the Director of the Federal Register in the next update to 
the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory

[[Page 5539]]

action because SIP approvals are exempted under Executive Order 12866;
     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 April 9, 2018. 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.

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

    Dated: January 25, 2018.
Chris Hladick,
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 3-EPA Approved City and County 
Ordinances'' by adding an entry ``City of Oakridge Ordinance No. 920'' 
at the end of the table; and
0
b. In paragraph (e), table entitled, ``State of Oregon Air Quality 
Control Program'' by adding under ``Section 4'', two entries ``4.66'' 
and ``4.67'' in numerical order.
    The additions read as follows:


Sec.  52.1970  Identification of plan.

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    (c) * * *

                                Table 3--EPA Approved City and County Ordinances
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      Agency and ordinance           Title or subject           Date        EPA approval date     Explanation
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                                                  * * * * * * *
City of Oakridge Ordinance No.   An Ordinance Amending        11/10/2016   2/8/2018, [Insert   Oakridge PM-2.5
 920.                             Section 7 of Ordinance                    Federal Register    Attainment Plan.
                                  914 and Adopting New                      citation].         Only with respect
                                  Standards for the                                             to Sections 1,
                                  Oakridge Air Pollution                                        2(1), 2(2), 3,
                                  Control Program.                                              4, 5 and 7.
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    (e) * * *

                                   State of Oregon Air Quality Control Program
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                                                                                  EPA approval
        SIP citation                Title/subject         State effective date        date         Explanation
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                                                  * * * * * * *
                                                              4.66, 12/06/2012  10/21/2016, 81   4.66 2012
                                                                                 FR 72714.        Oakridge-
                                                                                                  Westfir PM2.5
                                                                                                  Attainment
                                                                                                  Plan.

[[Page 5540]]

 
                                                               4.67, 1/20/2017  2/8/2018,        4.67 Updated
                                                                                 [Insert          Oakridge-
                                                                                 Federal          Westfir PM2.5
                                                                                 Register         Attainment
                                                                                 citation].       Plan.
 
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[FR Doc. 2018-02465 Filed 2-7-18; 8:45 am]
 BILLING CODE 6560-50-P