[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Proposed Rules]
[Pages 17569-17571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2021-0212, FRL-10018-33-Region 10]


Air Plan Approval; OR; Updates to Adoption by Reference of 
Federal Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Oregon State Implementation Plan (SIP) 
submitted on January 29, 2021. The revision updates the date by which 
Federal provisions are adopted by reference into the Oregon SIP, making 
air quality requirements more current.

DATES: Comments must be received on or before May 5, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2021-0212, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from https://www.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: Kristin Hall, EPA Region 10, 1200 
Sixth Avenue, Suite 155, Seattle, WA 98101,

[[Page 17570]]

at (206) 553-6357 or [email protected].

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

Table of Contents

I. Background
II. Evaluation of Submission
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. State Implementation Plan

    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 EPA 
for the criteria pollutants (carbon monoxide, lead, nitrogen dioxide, 
ozone, particulate matter, sulfur dioxide). The SIP must meet the 
requirements of CAA section 110 and revisions to the SIP must be 
submitted to and approved by the EPA.
    The SIP is extensive, containing such elements as air pollution 
control regulations, emission inventories, attainment demonstrations, 
and enforcement mechanisms. The SIP is a living compilation of these 
elements and is revised and updated by the State over time--to keep 
pace with Federal requirements and to address changing air quality 
issues in the State. The Oregon SIP is codified in the Code of Federal 
Regulations (CFR) at 40 CFR part 52, subpart MM. Oregon routinely 
revises the SIP and submits the changes to the EPA for approval.

II. Evaluation of Submission

    On January 29, 2021, the Oregon Department of Environmental Quality 
submitted a SIP revision to the EPA for approval. The revision, State 
effective January 21, 2021, updates the adoption by reference of 
Federal requirements used throughout the Oregon air quality rules. 
Oregon's air quality rules are codified in Divisions 200 through 268 of 
Chapter 340 of the Oregon Administrative Rules (OAR).
    Specifically, Oregon revised OAR 340-200-0035 and OAR 340-244-0030 
to state that all references to the CFR are updated from July 1, 2018 
to July 1, 2020. We propose to approve the submitted change to OAR 340-
200-0035 because it serves to bring the Oregon SIP up-to-date and is 
consistent with CAA section 110 requirements. For the same reasons, we 
propose to approve the change to OAR 340-244-0030, except that, 
consistent with our prior action on October 27, 2015, we propose to 
approve it only to the extent needed to implement the requirements for 
gasoline dispensing facilities in Division 244 that are approved into 
the SIP for the purposes of regulating VOC emissions (80 FR 65655). 
Similarly, we propose to clarify our approval of Division 244 into the 
Oregon SIP, codified at 40 CFR 52.1970(c), by revising footnote 3 in 
Table 2 to read, ``The EPA approves Division 244 only to the extent 
needed to implement the requirements for gasoline dispensing facilities 
that are approved into the SIP for the purpose of regulating VOC 
emissions.'' This language is consistent with our October 27, 2015 
action (80 FR 65655).

III. Proposed Action

    The EPA is proposing to approve, and incorporate by reference, 
revisions to the Oregon SIP submitted on January 29, 2021. Upon final 
approval, the Oregon SIP will include the following regulations, State 
effective January 21, 2021:
     OAR 340-200-0035, Reference Materials; and
     OAR 340-244-0030, General Provisions for Stationary 
Sources: Definitions, only to the extent needed to implement the 
requirements for gasoline dispensing facilities in Division 244 that 
are approved into the SIP for the purposes of regulating VOC emissions.

IV. 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 III of this document. The 
EPA has made, and will continue to make, these documents 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).

V. 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 that 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);
     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 the requirements would be inconsistent 
with the CAA; 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).
    In addition, this proposed action does not apply on any Indian 
reservation land or in any other area in Oregon 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 as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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


[[Page 17571]]


    Dated: March 30, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-06924 Filed 4-2-21; 8:45 am]
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