[Federal Register Volume 85, Number 26 (Friday, February 7, 2020)]
[Proposed Rules]
[Pages 7262-7264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00779]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0640, FRL-10004-29-Region 10]


Air Plan Approval; OR; Emission Standard Definition Rule Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
a revision to the Oregon State Implementation Plan (SIP) submitted on 
September 5, 2019. The submission revises the SIP to incorporate by 
reference a more recent update to the emission standards for specific 
industries by defining the specific Code of Federal Regulations (CFR) 
edition referenced throughout the revised rule. The EPA is also 
proposing to make non-substantive revisions to the SIP to correct 
typographical errors. The EPA reviewed the submitted revision and 
proposes to find it consistent with Clean Air Act (CAA) requirements.

DATES: Comments must be received on or before March 9, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0640, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not electronically submit any 
information you consider to be Confidential Business Information (CBI) 
or other information the disclosure of which is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christi Duboiski, EPA Region 10, 1200 
Sixth Avenue--Suite 155, Seattle, WA 98101, at (360) 753-9081, or 
[email protected].

[[Page 7263]]


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

I. Background

    Each state has a State Implementation Plan (SIP) containing the 
control measures and strategies used to attain and maintain the 
national ambient air quality standards (NAAQS) established by the 
Environmental Protection Agency (EPA) for the criteria pollutants 
(carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, 
sulfur dioxide). The SIP contains such elements as air pollution 
control regulations, emission inventories, attainment demonstrations, 
and enforcement mechanisms. Section 110 of the Clean Air Act (CAA) 
requires each state to periodically revise its SIP. As a result, the 
SIP is a living compilation of regulatory and non-regulatory elements 
that are updated to address Federal requirements and changing air 
quality issues in the state.
    Air quality regulations for the State of Oregon (``Oregon'' or 
``the State'') are found in Chapter 340 of the Oregon Administrative 
Rules (OAR) and are generally implemented by the Oregon Department of 
Environmental Quality (ODEQ). On July 18, 2019, the State adopted new 
and revised air quality regulations that became effective July 19, 
2019. Most of the adopted regulations implement Oregon's air quality 
regulations concerning municipal solid waste landfills established in 
OAR Chapter 340, Division 236. One of the regulations adopted in the 
State rulemaking package (OAR 340-236-0010 Definitions) made changes to 
the Federally approved rules in the Oregon SIP.

II. Evaluation of Submission

A. Division 236: Emission Standards for Specific Industries

    Division 236 contains emission standards for specific industries 
and the definitions that apply to this division. On September 5, 2019, 
Oregon submitted to the EPA OAR 340-236-0010 Definitions as a rule 
amendment related to the adopted new landfill emission rules. 
Specifically OAR 340-236-0010(1) was added to clarify the definitions 
used in Division 236 by defining the specific Code of Federal 
Regulations (CFR) edition (July 1, 2018) referenced throughout the 
Division. This definition incorporates the specific CFR containing the 
EPA's most recent changes to the NSPS for municipal solid waste 
landfills and the emissions guidelines for existing landfills codified 
in 40 CFR part 60 (August 29, 2016, 81 FR 59276 and 81 FR 59332). In 
addition, we note the change renumbers the definitions section of 
Division 236.
    The remainder of the State's revision has limited impact on the 
Federally-approved Oregon SIP because the revision primarily relates to 
municipal solid waste landfill emissions guidelines, which are not part 
of the Federally-approved SIP under CAA section 110 and were not 
submitted to the EPA for approval. Rather, the municipal solid waste 
landfill guidelines are related to section 111(d) of the CAA. For more 
details, please see the September 5, 2019 submission in the docket for 
this action.
    We reviewed the submitted change to OAR 340-236-0010 Definitions 
and propose to approve and incorporate it by reference into the Oregon 
SIP.

III. Corrections to Typographical Errors

    The EPA is proposing to correct minor typographical errors to 
provisions previously approved into the Oregon SIP. Specifically, we 
are correcting several undesignated center headings and a table heading 
in 40 CFR 52.1970(c) to accurately reflect the title of the State 
provisions. In addition, we are correcting entry OAR 340-256-0330 in 
section 52.1970(c) to reflect the correct EPA approval date. We are 
also correcting a footnote in section 52.1970(c) table 4, approved in 
our October 31, 2019 action, to cite to the correct table (84 FR 
58327). We note in section 52.1970(e), table 2, entry 011-0010, the 
state effective date and approval date are corrected; as well as the 
EPA approval date for the Motor Vehicle Inspection and Maintenance 
entry in table 5, section 5; and the EPA approval date for the entry of 
the PM10 Attainment Plan, La Grande.

IV. Proposed Action

    The EPA proposes to approve, and incorporate by reference into the 
Oregon SIP, the submitted change to the following section of the OAR 
Chapter 340, Division 236 Emission Standards for Specific Industries, 
Section 0010 Definitions, State effective July 19, 2019. The EPA also 
proposes to approve the corrected typographical errors as a 
``housekeeping'' exercise and proposes that these changes be accurately 
reflected in 40 CFR part 52, subpart MM for the State of Oregon.

V. Incorporation by Reference

    In this document, the EPA is proposing to include in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the provisions described in Section IV of this preamble. The 
EPA has made, and will continue to make, these documents generally 
available through www.regulations.gov and in hard copy at the EPA 
Region X Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

VI. Statutory and Executive Order Reviews

    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 they meet the criteria of the CAA. Accordingly, this proposed 
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 proposed 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 involve technical standards; and

[[Page 7264]]

     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 proposed SIP would not be 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 proposed rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it impose substantial direct costs on tribal governments or 
preempt tribal law.

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: January 6, 2020.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020-00779 Filed 2-6-20; 8:45 am]
BILLING CODE 6560-50-P