[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Rules and Regulations]
[Pages 43463-43465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14139]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0057; FRL-10011-28-Region 10]


Air Plan Approval; OR; 2010 Sulfur Dioxide NAAQS Interstate 
Transport Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) approves the State 
Implementation Plan (SIP) submission from Oregon as meeting certain 
Clean Air Act (CAA) interstate transport requirements for the 2010 1-
hour Sulfur Dioxide (SO2) National Ambient Air Quality 
Standards (NAAQS). EPA has determined that emissions from Oregon 
sources will not contribute significantly to nonattainment or interfere 
with the maintenance of the 2010 1-hour SO2 NAAQS in any 
other state.

DATES: This final rule is effective August 17, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R10-OAR-2016-0057. 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.

FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200 
Sixth Avenue--Suite 155, Seattle, WA 98101, at (206) 553-6357, or 
[email protected].

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

I. Background

    On May 15, 2020, we proposed to approve the October 20, 2015, SIP 
submission from Oregon as meeting certain Clean Air Act (CAA) 
interstate transport requirements for the 2010 1-hour SO2 
NAAQS (85 FR 29369). The reasons for our proposed approval were stated 
in the proposed rulemaking and will not be re-stated here. The public 
comment period for the proposed rulemaking ended on June 15, 2020. We 
received no comments. Therefore, we are finalizing our rulemaking as 
proposed.

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II. Final Action

    In this final action, EPA approves the October 20, 2015, SIP 
submission from Oregon as meeting the interstate transport requirements 
of CAA section 110(a)(2)(D)(i)(I) for the 2010 1-hour SO2 
NAAQS.

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 CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, 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 in 
Oregon and is also not approved to apply in any other area where 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 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. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 15, 2020. 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.

    Dated: June 25, 2020.
Christopher Hladick,
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

0
2. In Sec.  52.1970, amend Table 5 in paragraph (e) by adding, under 
the heading ``110(a)(2) Infrastructure and Interstate Transport'' an 
entry for ``Interstate Transport for the 2010 sulfur dioxide NAAQS'' 
immediately after the entry for ``Infrastructure for the 2015 ozone 
NAAQS'' to read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (e) * * *

         Table 5--State of Oregon Air Quality Control Program Approved But Not Incorporated by Reference
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                                        Applicable
      Name of SIP provision           geographic or          State       EPA approval date       Explanations
                                    nonattainment area  submittal date
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                                                  * * * * * * *
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                                110(a)(2) Infrastructure and Interstate Transport
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                                                  * * * * * * *
Interstate Transport for the 2010  Statewide..........      10/20/2015  7/17/2020, [Insert   This action
 sulfur dioxide NAAQS.                                                   Federal Register     addresses CAA
                                                                         citation].           110(a)(2)(D)(i)(I)
                                                                                              .
 

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[FR Doc. 2020-14139 Filed 7-16-20; 8:45 am]
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