[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Rules and Regulations]
[Pages 58327-58330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23517]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0426, FRL-10001-56-Region 10]


Air Plan Approval: Lane County, Oregon; 2019 Permitting Rule 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Oregon State Implementation Plan (SIP) submitted on 
June 13, 2019. The revisions, applicable in Lane County, Oregon, update 
regulations contained in the SIP to make minor syntax and renumbering 
changes, add a reference to the electronic public notice option, and 
update citations to reference materials such as the Code of Federal 
Regulations (CFR) and the most recent Oregon Source Sampling Manual. 
The EPA reviewed the submitted revisions and determined they are 
consistent with Clean Air Act (CAA) requirements.

DATES: This final rule is effective December 2, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2019-0426. 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., 
Confidential Business Information 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 at https://www.regulations.gov, or please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

[[Page 58328]]


FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth 
Avenue, Suite 155, Seattle, WA 98101, at (206) 553-0256, or 
[email protected].

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

I. Background

    On June 13, 2019, Oregon submitted revised Lane Regional Air 
Protection Agency (LRAPA) regulations to the EPA for approval into the 
Oregon SIP. On August 14, 2019, the EPA proposed to approve the 
submitted changes (84 FR 40349). The reasons for our proposed approval 
were stated in the proposed rule and will not be re-stated here. The 
public comment period for our proposed action ended on September 13, 
2019. We received no comments.

II. Final Action

    The EPA is approving, and incorporating by reference, the submitted 
changes to the following regulations, State effective May 17, 2019:
     Title 12 General Provisions and Definitions (005, 020, 
025);
     Title 31 Public Participation (0020, 0030, 0040, 0050); 
and
     Title 37 Air Contaminant Discharge Permits (0010, 0020, 
0030, 0040, 0090, 8020).
    These changes are approved only to the extent the requirements 
apply to (1) pollutants for which National Ambient Air Quality 
Standards (NAAQS) have been established (criteria pollutants) and 
precursors to those criteria pollutants as determined by the EPA for 
the applicable geographic area; and (2) any additional pollutants that 
are required to be regulated under Part C of Title I of the CAA, but 
only for the purposes of meeting or avoiding the requirements of Part C 
of Title I of the CAA.
    The EPA is also approving, but not incorporating by reference, the 
submitted changes to the following regulations, State effective May 17, 
2019:
     Title 15 Enforcement Procedure and Civil Penalties (005, 
018, 020, 025, 030, 045, 055, 060), only to the extent the rules relate 
to enforcement of the requirements contained in the Oregon SIP.

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, we are finalizing the incorporation by reference as 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 SIP, 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 in the next update to the SIP compilation.

IV. Oregon Notice Provision

    Oregon Revised Statute 468.126 prohibits the Oregon Department of 
Environmental Quality from imposing a penalty for violation of an air, 
water or solid waste permit unless the source has been provided five 
days' advanced written notice of the violation and has not come into 
compliance or submitted a compliance schedule within that five-day 
period. By its terms, the statute does not apply to Oregon's title V 
program or to any program if application of the notice provision would 
disqualify the program from Federal delegation. Oregon has previously 
confirmed that, because application of the notice provision would 
preclude EPA approval of the Oregon SIP, no advance notice is required 
for violation of SIP requirements.

V. Statutory and Executive Order Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 it does not address technical standards; 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

[[Page 58329]]

``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 December 30, 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: October 16, 2019.
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. In Sec.  52.1970:
0
a. Paragraph (c), Table 4, is amended by:
0
i. Removing undesignated center heading ``Title 12--Definitions'' and 
adding in its place ``Title 12--General Provisions and Definitions'';
0
ii. Revising entries ``12-005'', ``12-020'', ``12-025'', ``31-0020'', 
``31-0030'', ``31-0040'', ``31-0050'', ``37-0010'', ``37-0020'', ``37-
0030'', ``37-0040'', ``37-0090'', ``37-8020''; and
0
iii. Revising footnote number 1; and
0
b. Paragraph (e), Table 3, is amended by:
0
i. Removing undesignated center heading ``Title 15--Enforcement 
Procedures and Civil Penalties'' and adding in its place ``Title 15--
Enforcement Procedure and Civil Penalties'' and adding a reference to 
footnote number 1;
0
ii. Revising entries ``15-005'', ``15-018'', ``15-020'', ``15-025'', 
``15-030'', ``15-045'', ``15-055'', and ``15-060''; and
0
iii. Adding footnote number 1 at the end of the table.
    The revisions and additions read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

              Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules for Oregon 1
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                                                        State
      LRAPA citation            Title/subject      effective date    EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Title 12--General Provisions and Definitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
12-005....................  Definitions..........      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
 
                                                  * * * * * * *
12-020....................  Exceptions...........      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
12-025....................  Reference Materials..      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Title 31--Public Participation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
31-0020...................  Applicability........      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
31-0030...................  Public Notice              05/17/2019  10/31/2019, [Insert
                             Categories and                         Federal Register
                             Timing.                                citation].
31-0040...................  Public Notice              05/17/2019  10/31/2019, [Insert
                             Information.                           Federal Register
                                                                    citation].
31-0050...................  Public Notice              05/17/2019  10/31/2019, [Insert
                             Procedures.                            Federal Register
                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Title 37--Air Contaminant Discharge Permits
----------------------------------------------------------------------------------------------------------------
37-0010...................  Purpose..............      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
37-0020...................  Applicability and          05/17/2019  10/31/2019, [Insert
                             Jurisdiction.                          Federal Register
                                                                    citation].
 

[[Page 58330]]

 
                                                  * * * * * * *
37-0030...................  Definitions..........      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
37-0040...................  Application                05/17/2019  10/31/2019, [Insert
                             Requirements.                          Federal Register
                                                                    citation].
 
                                                  * * * * * * *
37-0090...................  Sources Subject to         05/17/2019  10/31/2019, [Insert
                             ACDPs and Fees.                        Federal Register
                                                                    citation].
 
                                                  * * * * * * *
37-8020...................  Table 2--Air               05/17/2019  10/31/2019, [Insert
                             Contaminant                            Federal Register
                             Discharge Permit.                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ The EPA approves the requirements in Table 2 of this paragraph (c) only to the extent they apply to (1)
  pollutants for which NAAQS have been established (criteria pollutants) and precursors to those criteria
  pollutants as determined by the EPA for the applicable geographic area; and (2) any additional pollutants that
  are required to be regulated under Part C of Title I of the CAA, but only for the purposes of meeting or
  avoiding the requirements of Part C of Title I of the CAA.

* * * * *
    (e) * * *

       Table 3--Lane Regional Air Protection Agency Regulations Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                                                        State
      LRAPA citation            Title/subject         effective      EPA approval date         Explanations
                                                        date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Title 15--Enforcement Procedure and Civil Penalties \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
15-005....................  Definitions..........      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
 
                                                  * * * * * * *
15-018....................  Notice of Permit           05/17/2019  10/31/2019, [Insert
                             Violations (NPV) and                   Federal Register
                             Exceptions.                            citation].
15-020....................  Enforcement Actions..      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
15-025....................  Civil Penalty              05/17/2019  10/31/2019, [Insert
                             Schedule Matrices.                     Federal Register
                                                                    citation].
15-030....................  Civil Penalty              05/17/2019  10/31/2019, [Insert
                             Determination                          Federal Register
                             Procedure                              citation].
                             (Mitigating and
                             Aggravating Factors).
 
                                                  * * * * * * *
15-045....................  Stipulated Penalties.      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
 
                                                  * * * * * * *
15-055....................  Air Quality                05/17/2019  10/31/2019, [Insert
                             Classification of                      Federal Register
                             Violation.                             citation].
 
                                                  * * * * * * *
15-060....................  Selected Magnitude         05/17/2019  10/31/2019, [Insert
                             Categories.                            Federal Register
                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ The EPA approves the provisions in Table 3 of this paragraph (e) only to the extent the provisions relate to
  enforcement of the requirements contained in the Oregon SIP.

* * * * *
[FR Doc. 2019-23517 Filed 10-30-19; 8:45 am]
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