[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Rules and Regulations]
[Pages 63579-63581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26688]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0022; FRL-9987-60-Region 10]


Air Plan Approval; Oregon; Removal of Obsolete Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
removal of outdated rules in the Code of Federal Regulations (CFR) for 
the State of Oregon because they are duplicative or obsolete. Removal 
of such material from the air program subparts is designed to improve 
cost effectiveness and usability of the CFR. The EPA is also approving 
non-substantive revisions to reflect updated citations and correcting a 
typographical error. This final action makes no substantive changes to 
the Oregon State Implementation Plan and imposes no new requirements.

DATES: This action is effective on January 10, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2018-0022. 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, 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 form. 
Publicly available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

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

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

I. Background

    This action is being taken pursuant to Executive Order 13563--
Improving Regulation and Regulatory Review. It is intended to reduce 
the number of pages in the Code of Federal Regulations (CFR) by 
identifying those rules in 40 CFR part 52, subpart MM, for the State of 
Oregon that are duplicative or obsolete. This action removes historical 
information and rules that no longer have any use or legal effect 
because they have been superseded by subsequently approved state 
implementation plan (SIP) revisions or they are no longer necessary 
because the EPA previously promulgated administrative rule actions to 
replace these sections with summary tables in 40 CFR 52.1970 (78 FR 
74012, December 10, 2013). On October 10, 2010, the EPA proposed to 
approve these changes and received no comments on our proposed 
rulemaking (83 FR 50867).

II. Final Action

    This final action is a ``housekeeping'' exercise that removes 
duplicative or obsolete CFR provisions and corrects a non-substantive 
typographical error. The EPA is approving the removal of 40 CFR 
52.1973, 40 CFR 52.1974 paragraphs (b) and (c), 40 CFR 52.1977, and 40 
CFR 52.1982; and approving the amendment to 40 CFR 52.1974(a). The EPA 
is removing the duplicative or obsolete rules because they have been 
revised or superseded by subsequently approved SIP revisions. These 
actions make no substantive changes to the SIP. The changes will be 
accurately reflected in 40 CFR part 52, subpart MM for the State of 
Oregon.

[[Page 63580]]

III. 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 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 February 11, 2019. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: November 19, 2018.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    For the reasons set forth 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


Sec.  52.1973  [Removed and Reserved]

0
2. Section 52.1973 is removed and reserved.

0
3. Section 52.1974 is revised to read as follows:


Sec.  52.1974  Original identification of plan section.

    (a) This section identified the original ``State of Oregon Clean 
Air Act Implementation Plan'' and all revisions submitted by Oregon 
that were federally approved prior to July 1, 2013. The information in 
this section is available in the 40 CFR, part 52, Volume 4 (Sec.  
52.1970 to End) edition revised as of July 1, 2013.
    (b)-(c) [Reserved]


Sec.  Sec.  52.1977 and 52.1982  [Removed and Reserved]

0
4. Sections 52.1977 and 52.1982 are removed and reserved.


0
5. In Sec.  52.1988, paragraph (a) is revised to read as follows:


Sec.  52.1988  Air contaminant discharge permits.

    (a) Except for compliance schedules under OAR 340-200-0050, 
emission limitations and other provisions contained in Air Contaminant 
Discharge Permits issued by the State in accordance with the provisions 
of the Federally-approved rules for Air Contaminant Discharge Permits 
(OAR chapter 340, Division 216), Plant Site Emission Limit (OAR chapter 
340, Division 222), Alternative Emission Controls (OAR 340-226-0400) 
and Public Participation (OAR chapter 340, Division 209), shall be 
applicable requirements of the Federally-approved Oregon SIP (in 
addition to any other provisions) for the purposes of section 113 of 
the Clean Air Act and shall be enforceable by EPA and by any person in 
the same manner as other requirements of the SIP. Plant site emission 
limits and alternative emission limits (bubbles) established in Federal 
Operating Permits issued by the State in accordance with the Federally-
approved rules for Plant Site Emission Limit (OAR chapter 340, Division 
222) and Alternative Emission Controls (OAR 340-226-0400), shall be 
applicable requirements of the Federally-approved Oregon SIP (in 
addition to any other

[[Page 63581]]

provisions) for the purposes of section 113 of the Clean Air Act and 
shall be enforceable by EPA and by any person in the same manner as 
other requirements of the SIP.
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[FR Doc. 2018-26688 Filed 12-10-18; 8:45 am]
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