[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Proposed Rules]
[Pages 27540-27549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09254]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R10-OAR-2022-0125; FRL-9489-01-R10]
Air Plan Approval; OR; Oakridge PM10 Redesignation to Attainment
and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to
redesignate the Oakridge, Oregon nonattainment area (Oakridge NAA or
Oakridge area) to attainment for the 1987 National Ambient Air Quality
Standard for particulate matter of 10 microns or less (PM10
NAAQS). EPA also proposes to approve the Oakridge PM10
maintenance plan for the area demonstrating continued compliance with
the PM10 NAAQS through with the Lane Regional Clean Air
Agency (LRAPA), submitted to EPA on January 13, 2022, along with the
redesignation request for inclusion into the Oregon State
Implementation Plan (SIP). EPA also proposes to approve revisions to
LRAPA's rules to reflect the redesignation. Additionally, EPA proposes
to approve the PM10 motor vehicle emissions budgets included
in the maintenance plan and inform the public that we are starting the
adequacy process for the proposed motor vehicle emissions budgets,
including a public comment period. Finally, EPA proposes to take final
agency action on the wildfire exceptional event request submitted by
ODEQ on July 22, 2021 and concurred on by EPA on April 1, 2022. EPA
proposes these actions pursuant to the Clean Air Act (CAA or the Act).
DATES: Comments must be received on or before June 8, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2022-0125, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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 (15-H13), EPA Region
10, 1200 Sixth Avenue (Suite 155), Seattle WA, 98101, at (360) 753-
9081, or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' or
``our,'' is used, it refers to EPA.
Table of Contents
I. Background
II. Clean Air Act Requirements for Redesignation to Attainment
III. EPA's Analysis of Oregon's Submittal
A. Attainment Determination
B. Applicable Requirements Under Section 110 and Part D of the
CAA
1. CAA Section 110 General SIP Requirements
2. Part D of Title I Requirements
3. Fully Approved SIP Under CAA Section 110(k)
C. Improvement in Air Quality Due to Permanent and Enforceable
Measures
D. Fully Approved Maintenance Plan
1. Attainment Inventory
2. Maintenance Demonstration
3. Monitoring Network and Verification of Continued Attainment
4. Contingency Plan
[[Page 27541]]
E. Transportation Conformity and Motor Vehicle Emissions Budgets
F. State Rule Changes To Reflect the Redesignation
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Orders Review
I. Background
EPA revised the NAAQS for particulate matter on July 1, 1987,
replacing standards for total suspended particulates, particulate less
than 30 microns in diameter, with new standards applying only to
PM10 (52 FR 24634). In 1987, EPA established two
PM10 standards, an annual standard and a 24-hour standard.
In 2006, the 24-hour PM10 standards were retained but the
annual standards were revoked, effective December 18, 2006 (71 FR
61144, October 17, 2006). On January 15, 2013 and December 18, 2020,
EPA announced that it was again retaining the PM10 NAAQS as
a 24-hour standard of 150 micrograms per cubic meter ([mu]g/m\3\) (78
FR 3086 and 85 FR 82684). An area attains the 24-hour PM10
standard when the expected number of days per calendar year with a 24-
hour concentration exceeding the standard (referred to as an
exceedance), is equal to or less than one. Oregon's January 13, 2022,
submittal of the Oakridge PM10 maintenance plan addresses
the 1987 24-hour PM10 standard, as originally promulgated,
and as reaffirmed on December 18, 2020.
On December 21, 1993, EPA designated the Oakridge, Oregon urban
growth boundary as nonattainment for PM10 and classified it
as moderate under section 107(d)(3) of the CAA (58 FR 67334). The
nonattainment area designation and classification became effective on
January 20, 1994, with an attainment date for the area of December 31,
2000.
The nonattainment designation of the Oakridge NAA required Oregon
to prepare and submit an attainment plan to meet statutory and
regulatory requirements. On December 9, 1996, ODEQ submitted an
attainment plan (1996 attainment plan) to EPA, and on March 15, 1999,
EPA approved the attainment plan (64 FR 12751). The 1996 attainment
plan consisted of an attainment year emission inventory, control
measures that meet reasonably available control measures/technology
(RACM/RACT), attainment demonstration, motor vehicle emission budgets
(MVEBs), demonstration of reasonable further progress (RFP),
quantitative milestones and contingency measures. In addition, on July
26, 2001, EPA finalized a determination that the Oakridge NAA attained
the PM10 NAAQS (Determination of Attainment) by the December
31, 2000, attainment date (66 FR 38947).
II. Clean Air Act Requirements for Redesignation to Attainment
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation provided that: (1) EPA determines that the
area has attained the applicable NAAQS; (2) EPA has fully approved the
applicable implementation plan for the area under section 110(k) of the
CAA; (3) EPA determines that the improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable Federal air
pollutant control regulations and other permanent and enforceable
reductions; (4) EPA has fully approved a maintenance plan for the area
as meeting the requirements of section 175A of the CAA; and (5) the
state has met all requirements applicable to the area under section 110
and part D of the CAA. In this proposed action, EPA will review CAA
section 107(d)(3)(E) requirements (2) and (5) together as part of our
evaluation of Oregon's redesignation request.
EPA has provided guidance on redesignation in the ``General
Preamble,'' \1\ and has provided further guidance on processing
redesignation requests in the following documents: (1) ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992 (hereafter the ``Calcagni Memo''); (2) ``State
Implementation Plan (SIP) Actions Submitted in Response to Clean Air
Act (CAA) Deadlines,'' Memorandum from John Calcagni, Director, Air
Quality Management Division, October 28, 1992; and (3) ``Part D New
Source Review (Part D NSR) Requirements for Areas Requesting
Redesignation to Attainment,'' Memorandum from Mary D. Nichols,
Assistant Administrator for Air and Radiation, October 14, 1994. These
documents are included in the Docket for this proposed action.
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\1\ See ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498, April 16, 1992.
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III. EPA's Analysis of Oregon's Submittal
EPA proposes to redesignate the Oakridge NAA to attainment for the
1987 24-hour PM10 NAAQS and proposes to approve into the
Oregon SIP the associated Oakridge PM10 maintenance plan.
EPA's proposed approval of the redesignation request and maintenance
plan is based upon EPA's determination that the area continues to
attain the 1987 24-hour PM10 NAAQS and that all other
redesignation criteria have been met for the area. Sections III.A
through D of this document describe how Oregon's January 13, 2022,
submittal satisfies the requirements of section 107(d)(3)(E) of the CAA
for the 1987 24-hour PM10 standard. In addition, EPA
proposes to approve revisions to LRAPA's rules to reflect the
redesignation of the Oakridge PM10 and fine particulate
matter (PM2.5) nonattainment areas.\2\
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\2\ We note that the January 13, 2022 submittal also includes
the Oakridge PM2.5 redesignation and maintenance plan and
revisions to the Lane County Code, which EPA will address in a
separate action.
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Oregon's submittal also addresses transportation conformity, MVEBs
and emissions from wildfire-influenced PM10 concentrations
recorded in the Oakridge NAA in 2020. EPA proposes to approve the MVEBs
and proposes to approve the exclusion of data associated with the
wildfire exceptional events that affected data in September of 2020 for
purposes of showing continued attainment of the PM10 NAAQS.
A. Attainment Determination
To redesignate an area from nonattainment to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). An area has attained the 1987 24-
hour PM10 NAAQS if the average number of expected
exceedances per year is less than or equal to one, when averaged over a
three-year period.\3\ A state must demonstrate that an area has
attained the PM10 NAAQS through submittal of ambient air
quality data from an ambient air monitoring network for PM10
to EPA's Air Quality System (AQS) (40 CFR 58.15 and 58.16(a)). Three
years of representative data should be used (40 CFR part 50, Appendix
K, 2.3(b)).
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\3\ See 40 CFR part 50 and 40 CFR part 50, appendix K.
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The Exceptional Events Rule
Congress has recognized that it may not be appropriate for EPA to
use certain monitoring data collected by the ambient air quality
monitoring network and maintained in EPA's AQS database \4\ in certain
regulatory determinations. Thus, in 2005, Congress provided the
statutory authority for the exclusion of data influenced by
[[Page 27542]]
``exceptional events'' meeting specific criteria by adding section
319(b) to the CAA.\5\ To implement this 2005 CAA amendment, EPA
promulgated the 2007 Exceptional Events Rule.\6\ The 2007 Exceptional
Events Rule created a regulatory process codified at 40 CFR parts 50
and 51 (Sec. Sec. 50.1, 50.14 and 51.930). These regulatory sections,
which superseded EPA's previous guidance on handling data influenced by
events, contain definitions, procedural requirements, requirements for
air agency demonstrations, criteria for EPA's approval of the exclusion
of event-affected air quality data from the data set used for
regulatory decisions, and requirements for air agencies to take
appropriate and reasonable actions to protect public health from
exceedances or violations of the NAAQS. In 2016, EPA promulgated a
comprehensive revision to the 2007 Exceptional Events Rule.\7\ Under
the Exceptional Events Rule, for example, if a state demonstrates to
EPA's satisfaction that emissions from a wildfire smoke event caused a
specific air pollution concentration in excess of the PM10
NAAQS at a particular air quality monitoring location and otherwise
satisfies the requirements of 40 CFR 50.14, EPA must exclude that data
from use in determinations of exceedances and violations.\8\
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\4\ AQS is EPA's official repository of ambient air data.
\5\ Under CAA section 319(b), an exceptional event means an
event that (i) affects air quality; (ii) is not reasonably
controllable or preventable; (iii) is an event caused by human
activity that is unlikely to recur at a particular location or a
natural event; and (iv) is determined by EPA under the process
established in regulations promulgated by EPA in accordance with
section 319(b)(2) to be an exceptional event. For the purposes of
section 319(b), an exceptional event does not include (i) stagnation
of air masses or meteorological inversions; (ii) a meteorological
event involving high temperatures or lack of precipitation; or (iii)
air pollution relating to source noncompliance.
\6\ 72 FR 13560 (March 22, 2007).
\7\ 81 FR 68216 (October 3, 2016). We refer herein to the 2016
revision as the ``Exceptional Events Rule.''
\8\ 40 CFR 50.14(b)(4).
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The Oakridge NAA Exceptional Event Demonstrations and Concurrences
The CAA allows for the exclusion of air quality monitoring data
from design value calculations when there are NAAQS exceedances caused
by events, such as wildfires, that meet the criteria for an exceptional
event identified in EPA's Exceptional Events Rule at 40 CFR 50.1, 50.14
and 51.930. For the purposes of this proposed action, on July 22, 2021,
ODEQ submitted an exceptional events demonstration for the purpose of
showing that PM10 concentrations recorded at the Oakridge
Willamette Center monitor from September 11, 2020 through September 16,
2020 were influenced by wildfires. EPA concurred on this request on
April 1, 2022.
EPA found that Oregon's demonstration met the Exceptional Events
Rule criteria and determined that the wildfire event had regulatory
significance for purposes of calculating the area's most recent design
value to demonstrate the area continues to attain the standard in order
to redesignate the area to attainment for the PM10 NAAQS. As
such, EPA proposes to take final regulatory action on the concurred
dates, as detailed in the docket for this action, as exceptional events
to be removed from the data set used for regulatory purposes. For this
proposed action, EPA will rely on the calculated values that exclude
the event-influenced data for the purpose of demonstrating continued
attainment of the 1987 24-hour PM10 NAAQS. Further details
on Oregon's analyses and EPA's concurrences can be found in the docket
for this regulatory action.
While EPA may agree with Oregon's request to exclude event
influenced air quality monitoring data from regulatory decisions, these
regulatory actions require EPA to provide an opportunity for public
comment on the claimed exceptional event and all supporting data prior
to EPA taking final agency action. This proposed action provides the
public with an opportunity to comment on the claimed exceptional event,
all supporting documents and EPA's concurrence with Oregon's request.
Evaluation of Current Attainment
As noted previously, on July 26, 2001, EPA finalized a
Determination of Attainment for the Oakridge NAA based upon quality-
assured and certified ambient air quality monitoring data for the 1998-
2000 design value period (66 FR 38947). There were no exceedances of
the 24-hour PM10 standard during this period. Therefore, the
expected exceedance rate was 0.0, which demonstrates attainment of the
24-hour PM10 NAAQS.
For this proposed action, EPA reviewed the most recent
PM10 ambient air monitoring data in the Oakridge area for
the monitoring design value period of 2018-2020. Consistent with the
requirements at 40 CFR part 50, this ambient monitoring data in EPA's
AQS has been quality-assured, quality-controlled and certified by ODEQ.
The 24-hour PM10 design value for 2020 was 0.7, therefore,
the average number of expected exceedances averaged over a three-year
period is less than or equal to one.\9\ Thus, EPA concludes that the
Oakridge area continues to demonstrate continued attainment of the 1987
24-hour PM10 NAAQS during the three-year period ending on
December 31, 2020.
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\9\ As noted above, EPA excluded data for September 11, 2020
through September 16, 2020 from this design value because the Agency
determined concentrations recorded on those dates satisfied the
requirements of the Exceptional Events Rule.
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B. Applicable Requirements Under Section 110 and Part D of the CAA
Section 107(d)(3)(E)(ii) and (v) of the CAA require EPA to
determine that the area has a fully approved applicable SIP under
section 110(k) that meets all applicable requirements under section 110
(general SIP requirements) and part D (SIP requirements for
nonattainment areas) for the purposes of redesignation. We interpret
this to mean that, for a redesignation request to be approved, the
state must have met all requirements that applied to the subject area
prior to, or at the time of, submitting a complete redesignation
request. EPA may rely on prior SIP approvals in approving a
redesignation request \10\ as well as any additional measure it may
approve in conjunction with a redesignation action.
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\10\ Calcagni Memo, 3; Wall v. EPA, 265 F.3d 426, 438 (6th Cir.
2001); and Southwestern Pennsylvania Growth Alliance v. Browner, 144
F.3d 984, 989-990 (6th Cir. 1998).
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1. CAA Section 110 General SIP Requirements
Section 110(a)(2) of Title I of the CAA delineates the general
requirements for a SIP. These requirements include, but are not limited
to the following: (1) Submittal of a SIP that has been adopted by the
state after reasonable public notice and hearing; (2) provisions for
establishment and operation of appropriate procedures needed to monitor
ambient air quality; (3) implementation of a source permit program; (4)
provisions for the implementation of part C requirements (PSD); (5)
provisions for the implementation of part D requirements for NSR permit
programs; (6) provisions for air pollution modeling; and (7) provisions
for public and local agency participation in planning and emission
control rule development.\11\
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\11\ See the General Preamble for further explanation of these
requirements. 57 FR 13498 (April 16, 1992).
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We note that SIPs must be fully approved only with respect to
applicable requirements for purposes of redesignation in accordance
with section 107(d)(3)(E)(ii). Similarly, EPA believes that the other
CAA section 110(a)(2) (and part D) requirements that
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are not connected with nonattainment plan submittals and not linked
with an area's attainment status are not applicable requirements for
purposes of redesignation because the area will still be subject to
these requirements after it is redesignated. EPA considers the CAA
section 110(a)(2) (and part D) requirements that relate to a particular
nonattainment area's designation and classification as the relevant
measures to evaluate in reviewing a redesignation request. This
approach is consistent with EPA's existing policy on applicability of
the conformity SIP requirement for redesignations.\12\
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\12\ See 75 FR 36023, 36026 (June 24, 2010) and citations
within.
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EPA has reviewed the Oregon SIP and concludes that it meets the
general SIP requirements under section 110(a)(2) of the CAA to the
extent they are applicable for the purposes of redesignation.\13\ On
several occasions, Oregon has submitted, and EPA has approved,
provisions of Oregon's SIP as demonstrating compliance with CAA section
110(a)(2) requirements.\14\ These requirements are, however, statewide
requirements that are not linked to the PM10 nonattainment
status of the Oakridge NAA. In addition, there are no outstanding or
disapproved applicable SIP submittals with respect to the Oakridge
portion of the SIP that would prevent redesignation of the Oakridge NAA
for the PM10 NAAQS. Therefore, we conclude that ODEQ and
LRAPA have met all general SIP requirements for the Oakridge NAA that
are applicable for purposes of redesignating the area to attainment of
the PM10 NAAQS.
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\13\ The LRAPA portion of the federally-approved Oregon SIP can
be viewed at https://www.epa.gov/sips-or/epa-approved-regulations-oregon-sip.
\14\ See, e.g., 83 FR 24034 (May 24, 2019) and 84 FR 26347 (June
6, 2019).
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2. Part D of Title I Requirements
Before a PM10 nonattainment area may be redesignated to
attainment, the state must have fulfilled the applicable requirements
of part D of Title I of the CAA, which sets forth the basic
nonattainment plan requirements applicable to all areas designated
nonattainment. The general requirements are followed by a series of
subparts specific to each pollutant. Subpart 1 of part D establishes
the general requirements applicable to all NAAs, while subpart 4 of
part D establishes specific requirements applicable to PM10
NAAs. The General Preamble provides that the applicable requirements of
subpart 1 (CAA section 172) are, in relevant part, 172(c)(3) (emissions
inventory), 172(c)(5) (new source review permitting program), 172(c)(7)
(the applicable provisions of section 110(a)(2)), and 172(c)(9)
(contingency measures). It is also worth noting that we interpreted the
requirements of section 172(c)(2) (RFP) and 172(c)(6) (other measures)
as being irrelevant to a redesignation request because they only have
meaning for an area that is not attaining the standard. See Calcagni
Memo and the General Preamble, 57 FR 13530, 13564, dated April 16,
1992. Finally, Oregon has not sought to exercise the options that would
trigger CAA section 172(c)(8) (equivalent techniques). Thus, these
provisions are also not relevant to this redesignation request.
The requirements of CAA section 172(c) and 189(a) regarding
attainment of the PM10 NAAQS, and the requirements of
section 172(c) regarding RFP, imposition of RACM, the adoption of
contingency measures, and the submittal of an emission inventory have
been satisfied through our March 15, 1999, approval of the Oakridge
PM10 SIP (64 FR 12751). Additionally, on July 26, 2001, EPA
published a finding of attainment for the Oakridge PM10 area
(66 FR 38947). EPA found that the Oakridge NAA attained the 24-hour
PM10 NAAQS by the moderate PM10 attainment date
of December 31, 2000.
CAA section 172(c)(4) requires the identification and
quantification of allowable emissions for major new and modified
stationary sources in an area, and CAA section 172(c)(5) requires
source permits for the construction and operation of new and modified
major stationary sources anywhere in the nonattainment area. EPA first
approved the requirements of the part D, subpart 1 NSR permit program
for LRAPA on December 27, 2011 (76 FR 80747, 80748). Subsequently,
LRAPA revised its rules to meet additional part D, subpart 4 NSR
requirements promulgated by EPA (81 FR 58010, August 24, 2016) and to
align with ODEQ's rules.\15\ EPA approved LRAPA's rules on October 5,
2018 (83 FR 50274).
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\15\ See 40 CFR 51.160, 51.161, 51.165, and 51.166. See also
EPA's proposed approval of Oregon nonattainment NSR program (March
22, 2017, 82 FR 14654, 14663) and EPA's final approval (October 11,
2017, 82 FR 47122).
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Once the Oakridge NAA is redesignated to attainment, the prevention
of significant deterioration (PSD) requirements of part C of the Act
will apply. LRAPA's PSD regulations are codified in Title 29
(Designation of Air Quality Areas), Title 38 (New Source Review) and
Title 50 (Ambient Air Standards and PSD Increments) in conjunction with
other provisions including but not limited to LRAPA's rules in Titles
12, 31, 34, 35, 40, and 42. We most recently approved revisions to
LRAPA's PSD program on October 5, 2018 (83 FR 50274). EPA finds that
LRAPA's PSD provisions meet all applicable Federal requirements for any
area designated unclassifiable or attainment, and these provisions will
become fully effective in the Oakridge area upon redesignation to
attainment.
CAA section 172(c)(7) requires the SIP to meet the applicable
provisions of CAA section 110(a)(2). As noted above, we find that the
Oregon SIP meets the CAA section 110(a)(2) applicable requirements. For
purposes of redesignation to attainment for the 1987 24-hour
PM10 NAAQS, EPA proposes to find that LRAPA has met all the
applicable SIP requirements under part D of Title I of the CAA in
accordance with section 107(d)(3)(E)(v) of the CAA.
3. Fully Approved SIP Under CAA Section 110(k)
Section 110(k) of the CAA sets out provisions governing EPA's
review of SIP submittals. In order for an area to qualify for
redesignation, the SIP for the area must be fully approved under
section 110(k) of the CAA. As discussed in Sections III.B.1 and III.B.2
of this document, for purposes of redesignation to attainment for the
1987 24-hour PM10 NAAQS, EPA has fully approved all
applicable requirements of Oregon's SIP for the Oakridge area in
accordance with CAA section 110(k). Therefore, the criterion for
redesignation, set forth at CAA section 107(d)(3)(E)(ii), is satisfied.
C. Improvement in Air Quality Due to Permanent and Enforceable Measures
In order to approve a redesignation to attainment, section
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the
improvement in air quality is due to emissions reductions that are
permanent and enforceable, and that the improvement is from the
implementation of the applicable SIP, implementation of applicable
Federal air pollution control regulations, and other permanent and
enforceable reductions.
The Oakridge 1996 attainment plan addressed attainment planning
requirements for the Oakridge moderate NAA, including control measures
to satisfy the RACM requirement and a demonstration that attainment of
the PM10 NAAQS would be achieved by the required dates. The
federally-approved 1996 attainment plan included woodstove change-outs,
a voluntary residential woodsmoke curtailment program, commitment to
reduce winter road sanding, and the paving of unpaved roads to reduce
emissions of
[[Page 27544]]
PM10 in the Oakridge NAA. EPA's approval of this SIP made
these control strategies federally enforceable.
The historical PM10 air pollution problem in the
Oakridge area has been emissions from residential wood combustion.
Since 1993, as funding allowed, the Oakridge area has experienced
emission reduction benefits from changing-out uncertified woodstoves
for cleaner burning and more efficient home heating units. More
recently, EPA approved the Oregon Heat Smart Program \16\ and the
Oakridge City Air Pollution Control Ordinance 920 (Oakridge Ordinance
920) \17\ into the Oregon SIP. Both prohibit the installation and ban
the sale of non-EPA-certified devices in new or existing buildings. In
addition to the initial woodstove change-outs provided for in the 1996
attainment plan, these SIP strengthening control strategies provide for
permanent and enforceable PM10 reductions in the Oakridge
NAA.
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\16\ A statewide mandate approved by EPA on October 11, 2017 (82
FR 47122).
\17\ See 83 FR 5537, February 8, 2018.
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Since 1989, LRAPA, in cooperation with the City of Oakridge, has
implemented a residential woodsmoke curtailment program in the Oakridge
NAA. Oakridge Ordinance 815, State effective August 26, 1996 and
federally-approved in the 1999 attainment plan, prohibited visible
emission from a solid fuel burning device during a Red Advisory (when
the PM10 levels are forecast by LRAPA to be greater than or
equal to 120 [micro]g/m\3\) unless granted a sole source or economic
need exemption. Oakridge Ordinance 815 is superseded by the federally-
approved Oakridge Ordinance 920, which is more protective of the
PM10 NAAQS. In addition to the existing residential
woodsmoke curtailment program, Oakridge Ordinance 920 provides further
strengthening of the control measures while maintaining the integrity
of the prior ordinance.
Oakridge Ordinance 920 strengthens the SIP by prohibiting the
burning of any fuel other than ``seasoned wood,'' which is defined as
any species of wood that has been sufficiently dried to contain 20
percent or less moisture by weight, and prohibiting the burning of
specified materials such as plastic, rubber products, petroleum-treated
materials and other materials which normally emit dense smoke, noxious
odors, or hazardous air contaminants in a solid fuel burning device.
EPA proposes to remove the City of Oakridge Ordinance 815 from the
Oregon SIP because it is superseded by the federally-approved Oakridge
Ordinance 920, which strengthens the PM10 SIP and ensures
the woodstove curtailment program continues to be permanent and
enforceable.
The second largest source of PM10 emissions in the
Oakridge NAA is road dust, of which winter road sanding and unpaved
road dust are contributors. To reduce road sanding emissions the Oregon
Department of Transportation (ODOT) has been using an anti-icing
chemical, calcium magnesium acetate (CMA), instead of grit, within the
City of Oakridge since 1995. ODOT continues to commit to using these
chemicals into the future (See the September 20, 2021, letter from Jim
Gamble, District 5 Manager, ODOT, included in the docket for this
action). In addition, between 1991 and 1995 all of Oakridge's unpaved
roads, approximately 2.5 miles, and numerous unpaved commercial
driveways and parking lots were paved.\18\
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\18\ See 64 FR 12751 (March 15, 1999).
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Based on the foregoing evaluation of these control measures, EPA
proposes to determine that the improvement in air quality is reasonably
attributable to permanent and enforceable reductions in emissions
resulting from implementation of the applicable implementation plan and
other permanent and enforceable reductions. Therefore, the criterion
for redesignation set forth at CAA section 107(d)(3)(E)(iii) is
satisfied.
D. Fully Approved Maintenance Plan
CAA section 107(d)(3)(E)(iv) requires that, for a nonattainment
area to be redesignated to attainment, EPA must fully approve a
maintenance plan for the area as meeting the requirements of CAA
section 175A. The maintenance plan must demonstrate continued
attainment of the relevant NAAQS in the area for at least 10 years
after our approval of the redesignation. Eight years after
redesignation, the state must submit a revised maintenance plan
demonstrating attainment for the 10 years following the initial 10-year
period. The maintenance plan must also contain a contingency plan to
ensure prompt correction of any violation of the NAAQS that occurs
after redesignation of the area. See CAA sections 175A(a), (b) and (d).
The Calcagni Memo provides additional guidance on the content of a
maintenance plan, stating that a maintenance plan should include the
following elements: (1) An attainment emissions inventory; (2) a
maintenance demonstration showing attainment for 10 years following
redesignation; (3) a commitment to maintain and operate an appropriate
air quality monitoring network; (4) verification of continued
attainment; and (5) a contingency plan to prevent or correct future
violations of the NAAQS. In this proposed action, EPA will review
requirements (3) and (4) together as part of our evaluation of LRAPA's
maintenance plan for the Oakridge area.
In conjunction with Oregon's request to redesignate the Oakridge
area to attainment, Oregon submitted a SIP revision to provide for
maintenance of the 1987 24-hour PM10 NAAQS through 2035. EPA
proposes to approve LRAPA's PM10 maintenance plan for the
Oakridge area. The following paragraphs describe how each of the
maintenance plan elements are addressed in the maintenance plan.
1. Attainment Inventory
As discussed in the General Preamble (See 57 FR 13498, April 16,
1992) and the Calcagni Memo, PM10 maintenance plans should
include an attainment emission inventory to identify the level of
emissions in the area sufficient to maintain the PM10 NAAQS.
The maintenance plan attainment inventory should be consistent with
EPA's emissions inventory requirements and most recent guidance on
emissions inventories for nonattainment areas available at the time and
should represent emissions during the time period associated with the
monitoring data showing attainment.\19\ The inventory must also be
comprehensive, including emissions from stationary point sources, area
sources, mobile sources, and must be based on actual emissions during
the appropriate season, if applicable.
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\19\ See Calcagni Memo at 8.
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The Oakridge PM10 maintenance plan includes a 2015
PM10 attainment emission inventory (2015 attainment
inventory) based on typical season and worst-case day actual emissions
from all direct primary PM10 sources (point, area, on-road
mobile and nonroad mobile sources.\20\ \21\ The year 2015 is
[[Page 27545]]
representative of the level of emissions during the time period when
the Oakridge area's monitoring data shows attainment of the 1987 24-
hour PM10 NAAQS. The 2015 maintenance plan attainment
inventory is based on emission reduction strategies that were
implemented as of 2015. These are summarized in Table 1, along with
future year projected emissions for a 2035 ``horizon year'' (a future
year at least 10 years from the approval date of the maintenance plan),
and two interim years of 2025 and 2030.
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\20\ ODEQ's PM10 emission inventory includes
emissions within the larger Oakridge-Westfir PM2.5
nonattainment area boundary (not the smaller Oakridge urban growth
boundary). EPA believes this is appropriate in this instance (except
for when calculating the motor vehicle emissions) because the
Oakridge PM10 nonattainment area encompasses the vast
majority of the population and activity within the Oakridge-Westfir
PM2.5 NAA.
\21\ PM10 precursor emissions should also be included
depending upon the contribution of the secondarily-formed
particulate matter to high ambient PM10 concentrations in
the area. In this instance, an inventory of PM10
precursor emissions is not required because PM10
precursor controls were not relied upon to achieve attainment of the
PM10 NAAQS in the Oakridge planning area (64 FR 12751,
March 15, 1999), nor are they relied upon to demonstrate maintenance
of the NAAQS. While not required, the maintenance plan includes an
inventory of PM10 precursor emissions in Appendix II
(``PM10 Emission Inventory for 2015 Base Year'').
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Oregon's 2015 attainment inventory relies on methods and
assumptions presented in detail in Appendix II of the Oakridge
PM10 maintenance plan (``Emision Inventory for 2015 Base
Year''). The 2015 attainment inventory is based on typical season and
worst-case day (episodic) emissions. The typical season day emissions
represent an average daily emission value occurring from November 1
through the end of February. This four-month time period is considered
to be the particulate matter season and is when the PM10
standard has historically been exceeded. EPA considers the preparation
of the typical season day inventory and worst-case day inventory, as
opposed to an annual average daily inventory, appropriate given that
the elevated PM10 concentrations in Oakridge exhibit clear
seasonal or episodic patterns. The worst-case day emissions represent a
day during the PM season when emissions generating activity is at its
highest due to meteorological factors like temperature. However,
residential woodburning and other area source emissions on worst-case
days are lower than on typical season days in the inventory due to
woodburning curtailments and outdoor burning bans.
Residential wood combustion emissions from woodstoves, fireplaces
and pellet stoves continue to be the major source of PM10
emissions for both typical season days and worst-case winter days
contributing to exceedances of the NAAQS.
Table 1--Oakridge PM10 Maintenance Plan Emissions Inventories
[In pounds per day]
----------------------------------------------------------------------------------------------------------------
Difference
Source category 2015 2025 Interim 2030 Interim 2035 from 2015 and
Attainment Maintenance 2035
----------------------------------------------------------------------------------------------------------------
PM Typical Season Day
----------------------------------------------------------------------------------------------------------------
Point........................... 0.0 8.0 8.0 8.0 8.0
Area............................ 444.8 364.2 364.0 363.5 -81.3
On-road......................... 142.1 131.0 133.2 132.8 -9.3
Nonroad......................... 2.9 2.9 2.9 2.9 0.0
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Total....................... 589.8 506.1 508.1 507.2 -82.6
----------------------------------------------------------------------------------------------------------------
PM Worst-Case Day
----------------------------------------------------------------------------------------------------------------
Point........................... 0.0 13.7 13.7 13.7 13.7
Area............................ 334.5 250.9 233.8 216.5 -118.0
On-road......................... 158.5 144.1 146.5 146.0 -12.5
Nonroad......................... 2.9 2.9 2.9 2.9 0
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Total....................... 495.9 411.6 396.9 379.1 -116.8
----------------------------------------------------------------------------------------------------------------
Based on our review of the documentation provided in the
maintenance plan, we propose to find that the 2015 direct
PM10 attainment emission inventory is based on reasonable
assumptions and methodologies, and that the inventory is comprehensive
and based on the most accurate and current information available to
LRAPA at the time it was developed. Based on our review of the 2015
emissions inventory Oregon provided in its January 13, 2022 submittal,
we propose to find that LRAPA prepared an adequate attainment inventory
for the Oakridge area.\22\
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\22\ See ``Emissions Inventory Guidance for Implementation of
Ozone and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations,'' May 2017, available at
https://www.epa.gov/sites/default/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf.
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2. Maintenance Demonstration
CAA section 175A requires a state seeking redesignation to
attainment to submit a SIP revision to provide for maintenance of the
NAAQS for a period of at least 10 years following redesignation. A
state can make this demonstration by either showing that future
emissions of a pollutant or its precursors will not exceed the level of
the attainment (base year) inventory, or by modeling to show that the
future mix of sources and emission rates will not cause a violation of
the NAAQS.\23\
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\23\ See Calcagni Memo, pages 9-10.
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In its maintenance demonstration for the Oakridge area, LRAPA
elected to demonstrate maintenance of the PM10 NAAQS for at
least 10 years following redesignation using the attainment year
inventory method. LRAPA developed projected inventories, provided in
Table 1 of this document, to show that the Oakridge area will remain in
attainment through the year 2035. These projected inventories, covering
interim years 2025 and 2030 and a horizon year of 2035, show that
future emissions of direct PM10 throughout the nonattainment
area will remain at or below the 2015 attainment emissions for the 1987
24-hour PM10 NAAQS.
The projected emissions inventories in the Oakridge PM10
maintenance plan address four major source categories: Point, area, on-
road mobile and nonroad mobile. Oregon estimated future year emission
inventories using the latest socioeconomic growth indictors and
applying emissions reduction benefits from adopted control strategies
when
[[Page 27546]]
appropriate. A detailed description of the 2015 attainment year
inventory and the 2025, 2030 and 2035 projected inventories can be
found in Appendix III of LRAPA's January 13, 2022, PM10
maintenance plan submittal, which is in the docket for this action.
As discussed in the Oakridge PM10 maintenance plan,
direct PM10 emissions estimates for stationary point sources
reflect actual emissions for both industrial point sources in Oakridge.
The Oakridge Sand & Gravel ready-mix concrete plant and rock crusher
did not operate in Oakridge in 2015, resulting in actual 2015 emissions
that were zero. In addition, the ready-mix concrete plant air discharge
permit was terminated on January 24, 2014, resulting in zero emissions
in the 2015 and projected year emission inventories. Future year
emissions were therefore based on the January 2011 PM10
emissions at this source.
Areawide sources occur over a wide geographic area with the most
significant emissions resulting from residential wood combustion
sources such as fireplaces, woodstoves and pellet stoves. These
residential wood heating devices are commonly used to heat homes in
Oakridge since natural gas is not available in this area. The permanent
and enforceable residential wood combustion control strategies are
discussed in Section III.C. of this document. The only other area
source category with potentially significant emissions is outdoor
burning, which is banned in Lane County from November-February.
Emissions for these categories are derived using various surveys,
emission factors and other methodologies.
Emissions from on-road mobile sources (exhaust, brake wear and tire
wear), which include passenger vehicles, buses, and trucks, were
estimated using MOVES2014a. Traffic growth in Vehicle-Miles Traveled
(VMT) was based on transportation modeling by the Lane Council of
Governments (LCOG) and ODOT. LRAPA confirmed re-entrained road dust
calculations for both paved and unpaved roads using AP-42 protocols.
Federal control measures included in the MOVES2014a modeling are all
Federal measures that affect the fleets and fuels used in future years
once implemented by EPA.
The nonroad emissions from railroads were calculated using the EPA
NONROAD2008a emission protocol. The National Emissions Inventories
(NEIs) for Lane County indicate a significant decrease in locomotive
emissions from 2008 to 2014 (42.63 tons/year and 19.62 tons/year,
respectively). The 2015 PM10 railroad emissions have been
adjusted to reflect the locomotive emission reductions as seen in the
2014 NEI data. Future year emissions are based on the adjusted 2014 and
2017 NEI data. All other Oakridge nonroad mobile sources are
categorized by LRAPA as insignificant during the PM10 winter
season.
EPA has reviewed the documentation provided by Oregon for
developing the projected 2025, 2030 and 2035 emissions inventories for
the Oakridge PM10 NAA. Based on our review, EPA finds that
the projected inventories were developed using appropriate procedures,
comprehensively address all source categories in the Oakridge area, and
sufficiently account for PM10 projected actual emissions.
These inventories indicate a decrease in PM10 emissions
throughout the maintenance period. Therefore, EPA proposes to determine
that the projected emissions inventories in the maintenance plan
sufficiently demonstrate that the Oakridge PM10 area will
continue to attain the 1987 24-hour PM10 standard throughout
the maintenance period.
3. Monitoring Network and Verification of Continued Attainment
Once a nonattainment area has been redesignated to attainment, the
state must continue to operate an appropriate air quality monitoring
network, in accordance with 40 CFR part 58, to verify the attainment
status of the area. The maintenance plan should contain provisions for
continued operation of air quality monitors that will provide such
verification.
LRAPA notes in the Oakridge PM10 maintenance plan that
it currently operates a regulatory monitor (the Willamette Center
monitor since 1989) in the Oakridge NAA. LRAPA commits to continue
operating a regulatory monitoring network, in accordance with 40 CFR
part 58 and the Oregon SIP through the year 2035 in order to verify
continued attainment of the PM10 NAAQS and track the
progress of the maintenance plan. LRAPA also states that it will
continue to operate the PM10 monitoring network in
accordance with the approved Annual Monitoring Network Plan (ANP). Any
modification to the monitoring network will be done in consultation
with ODEQ and with the approval of EPA Region 10 (See 40 CFR 58.14(b)).
EPA will work with ODEQ and LRAPA each year through the air monitoring
network review process to determine the adequacy of the monitoring
network.\24\
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\24\ See EPA's February 22, 2022 approval of Oregon's 2021
Annual Monitoring Network Plan, in the docket for this action.
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Oregon remains obligated to continue to quality-assure monitoring
data and enter all data into AQS in accordance with Federal guidelines.
LRAPA will review the air monitoring results each year to verify
continued attainment. LRAPA will determine annually if exceptional
events influenced the continued attainment of the 1987 24-hour
PM10 NAAQS and need to be documented. If needed, ODEQ and
LRAPA will coordinate and provide exceptional events documentation to
EPA Region 10 for review.
It should be noted that LRAPA included in the Oakridge maintenance
plan a discussion on the use of PM2.5 monitoring as a
surrogate for PM10 monitoring in the future. See Section 4.2
of the Oakridge maintenance plan. Since any change to the monitoring
network would occur in the future, EPA is not proposing to approve
LRAPA discontinuing the PM10 monitor, nor is EPA making a
determination whether the use of a PM2.5 surrogate monitor
would be appropriate or consistent with 40 CFR part 58 requirements as
part of this action.
EPA proposes to determine that the Oakridge PM10
maintenance plan contains adequate provisions for continued operation
of an air quality monitoring network and a commitment to annually
verify continued attainment of the 1987 24-hour PM10 NAAQS
for the Oakridge area.
4. Contingency Plan
CAA section 175A(d) requires that a maintenance plan also include
contingency provisions, as necessary, to promptly correct any violation
of the NAAQS that occurs after redesignation of the area to attainment.
For the purposes of CAA section 175A, a state is not required to have
fully adopted contingency measures that will take effect without
further action by the state in order for the maintenance plan to be
approved. However, the contingency plan is an enforceable part of the
SIP and should ensure that contingency measures are adopted
expeditiously once they are triggered. The maintenance plan should
discuss the measures to be adopted and a schedule and procedure for
adoption and implementation. The contingency plan must require that the
state will implement all measures contained in the part D nonattainment
plan for the area prior to redesignation. The state
[[Page 27547]]
should also identify the specific indicators, or triggers, which will
be used to determine when the contingency plan will be implemented.\25\
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\25\ See Calcagni Memo at 12.
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The Oakridge PM10 maintenance plan outlines the
procedures for the adoption and implementation of contingency measures
to further reduce emissions should a violation of the PM10
NAAQS or the 2006 24-hour PM2.5 NAAQS (35 [mu]g/m\3\) occur.
It is expected that the PM2.5 NAAQS would be exceeded before
the PM10 NAAQS, thus more quickly triggering the
implementation of the contingency measures in the maintenance plan. If
there is a violation of either standard, after consideration of any
exceptional events, the following contingency strategies, or
equivalent, will be implemented by LRAPA and the City of Oakridge:
Stricter green-yellow-red advisory program,\26\ with more
red advisory days each winter, by reducing the red advisory thresholds
by 3 [mu]g/m\3\ PM10. This is projected to increase the
average number of potential red advisory days by three to five
additional days per year.
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\26\ LRAPA implements an advisory system that designates days as
green, yellow, or red when 24-hour PM levels reach certain
designated thresholds. During a red advisory day, LRAPA prohibits
the use of any solid fuel space heating device that emits visible
emissions into the air outside of the building housing the device
unless a specific exemption has been granted.
---------------------------------------------------------------------------
Prohibition of fireplace use on yellow advisory days (in
addition to the existing prohibition on red advisory days).
While these measures do not need to be fully adopted by LRAPA prior
to the occurrence of a NAAQS violation, LRAPA commits to adopting and
implementing the necessary contingency measures as expeditiously as
possible, but not later than one year after a violation based on
confirmed quality assured data.
LRAPA will evaluate all appropriate data including air quality
data, meteorological data, evaluation of wood smoke programs and
information on unusual weather events (e.g., wildfires or winter power
outages) and other data to determine the cause of the violation. LRAPA
will perform this evaluation within three months of the determination
of a violation. Where appropriate, LRAPA will follow EPA's exceptional
events rules and guidance if it is determined that an exceptional event
contributed to the violation.\27\
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\27\ Treatment of Data Influenced by Exceptional Events, October
3, 2016, 81 FR 68216.
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Based on our analysis of Oregon's submittal, we propose to find
that the contingency measure provisions provided in the Oakridge
PM10 maintenance plan are sufficient and meet the
requirements of CAA section 175A(d).
E. Transportation Conformity and Motor Vehicle Emissions Budgets
Transportation conformity is required by CAA section 176(c). EPA's
conformity rule at 40 CFR part 93, subpart A requires that
transportation plans, programs, and projects conform to SIPs and
establishes the criteria and procedures for determining whether or not
they conform. Conformity to a SIP means that transportation activities
will not produce new air quality violations, worsen existing
violations, or delay timely attainment of the NAAQS. Thus, EPA's
conformity rule requires a demonstration that emissions from a
Metropolitan Planning Organization's (MPO's) Regional Transportation
Plan and Transportation Improvement Program, involving Federal Highway
Administration (FHWA) or Federal Transit Administration (FTA) funding
or approval, are consistent with the MVEB(s) contained in a control
strategy SIP revision or maintenance plan (40 CFR 93.101, 93.118, and
93.124). A MVEB is the level of mobile source emissions of a pollutant
relied upon in the attainment or maintenance demonstration to attain or
maintain compliance with the NAAQS in the nonattainment or maintenance
area.
PM10 maintenance plan MVEBs are generally established
for specific years and specific pollutants or precursors.\28\ The
maintenance plan submittal should identify MVEBs for transportation
related PM10 emissions (motor vehicle emissions from
tailpipe, brake wear, tire wear and re-entrained road dust) in the last
year of the maintenance period. Budgets may also be specified for
additional years during the maintenance period.
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\28\ Transportation-related emissions of volatile organic
compounds (VOCs) or nitrogen oxides (NOX) must also be
specified in PM10 areas if EPA or the state find that
transportation-related emissions of one or both of these precursors
within the nonattainment area are a significant contributor to the
PM10 nonattainment problem and has so notified the MPO
and the U.S. Department of Transportation (DOT), or the applicable
SIP revisions or SIP revision submittal establishes an approved or
adequate budget for such emissions as part of the reasonable further
progress, attainment or maintenance strategy. 40 CFR
93.102(b)(2)(iii). Neither of these conditions apply to the Oakridge
PM10 nonattainment area.
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It should be noted that Oakridge is considered an isolated rural
nonattainment area within the meaning of 40 CFR 93.109(g), so
transportation conformity determinations are only required when a non-
exempt Federal Highway Administration or Federal Transit Administration
funded project is funded or approved.\29\
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\29\ See 40 CFR 93.109(g).
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With respect to previously established MVEBs, we note for the 1996
attainment plan, Oregon had previously adopted PM10 MVEBs
for 2003. These budgets were 178.8 pounds per day of direct
PM10. This budget has continued to apply for conformity
determinations since 2003. In addition, as determined in the 1996
attainment plan approval, major sources of PM10 precursors
do not contribute significantly to PM10 levels in excess of
the PM10 NAAQs in the Oakridge NAA. Therefore, the Oakridge
PM10 maintenance plan includes direct PM10 MVEBs
that reflect the total on-road PM10 emissions for the
attainment year (2015), and the projected PM10 emissions for
two interim years (2025 and 2030) and the last year of the maintenance
plan (2035). See Table 2, below.
The MVEBs reflect the total on-road PM10 worst-case day
emissions (a sum of primary exhaust, brake wear, tire wear and re-
entrained paved and unpaved road dust), plus a portion of the available
safety margin to accommodate technical uncertainties due to model
updates and inputs into the EPA MOVES model and travel forecasting
models as well as potential changes to regional transportation plans. A
safety margin is the amount by which the total projected
PM10 emissions from all sources are less than the total
emissions that would satisfy the NAAQS for the 2015 base year. With the
safety margin applied to the future year MVEB, the budgets still
demonstrate maintenance of the 1987 24-hour PM10 NAAQS.
Oregon used the Motor Vehicle Emissions Simulator model,
MOVES2014a, during the development of the maintenance plan and executed
it with locally developed inputs representative of wintertime calendar
year 2015 conditions and future projections in order to appropriately
calculate the budgets. MOVES2014a was the accepted model when this work
began. EPA recently released MOVES3, but since sufficient work had
taken place on this SIP with MOVES2014a, we are accepting that mobile
model in this submittal (86 FR 1106, 1108, January 7, 2021). Traffic
growth in VMT for the Oakridge NAA is based on transportation modeling
by Lane County, LCOG and ODOT. The mobile source emissions, in total,
were modeled to steadily decrease between 2015 and 2035 as a result of
cleaner vehicles and cleaner fuels. The MVEBs are based on the control
measures in the
[[Page 27548]]
maintenance plan and consistent with maintaining the PM10
NAAQS.
The mobile source emissions budgets for the years 2015, 2025, 2030
and 2035 are provided in Table 2 of this proposed action. According to
EPA's conformity rule, the emissions budget acts as a ceiling on
emissions in the year for which it is defined or until a SIP revision
modifies the budget.\30\
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\30\ See 40 CFR 93.118.
Table 2--PM10 MVEBs for the Oakridge PM10 NAA
----------------------------------------------------------------------------------------------------------------
Year
Motor vehicle emissions budgets -------------------------------------------------------------------
2015 2025 2030 2035
----------------------------------------------------------------------------------------------------------------
PM10 (lbs/day).............................. 138.9 147.4 156.8 164.7
----------------------------------------------------------------------------------------------------------------
For MVEBs to be approvable, they must meet, at a minimum, EPA's
adequacy criteria (40 CFR 93.118(e)(4)). EPA's process for determining
adequacy of a budget consists of three basic steps: (1) Notifying the
public of a SIP submittal; (2) providing the public the opportunity to
comment on the budget during a public comment period; and (3) making a
finding of adequacy or inadequacy. The process for determining the
adequacy of a submitted budget is codified at 40 CFR 93.118(f). EPA can
notify the public by either posting an announcement that EPA has
received SIP budgets on EPA's adequacy website (40 CFR 93.118(f)(1)),
or via a Federal Register notice of proposed rulemaking when EPA
reviews the adequacy of an implementation plan budget simultaneously
with its review and action on the SIP itself (40 CFR 93.118(f)(2)).
Today, we are notifying the public that EPA will be reviewing the
adequacy of the 2015, 2025, 2030 and 2035 budgets in the Oakridge
PM10 maintenance plan. The public has a 30-day comment
period as described in the DATES section of this notice. After this
comment period, EPA will indicate whether the budgets are adequate via
the final rulemaking on this proposed action or on the adequacy
website, according to 40 CFR 93.118(f)(2)(iii). The details of EPA's
evaluation of the budget for compliance with the budget adequacy
criteria of 40 CFR 93.118(e) are provided in a separate memorandum
included with the docket for this rulemaking.\31\ As noted earlier, the
public comment period for EPA's adequacy finding will be concurrent
with the public comment period for this proposed action on the Oakridge
PM10 maintenance plan.
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\31\ See EPA memorandum titled, ``EPA Region 10 Adequacy Review
of Motor Vehicle Emissions Budgets in Oakridge PM10
Maintenance Plan'', dated April 6, 2022.
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Based on the information presented in the Oakridge PM10
maintenance plan and our adequacy review to date, we propose to find
that Oregon has evaluated the appropriate pollutants and appropriately
established MVEBs for direct PM10 emissions. EPA has
reviewed the Oakridge PM10 maintenance plan's MVEBs and
found them to be consistent with the control measures in the SIP and
consistent with maintenance of the 1987 24-hour PM10 NAAQS
within the Oakridge area through 2035. We propose to approve the MVEBs
in the Oakridge PM10 maintenance plan as meeting the
requirements of the CAA and EPA regulations.
F. State Rule Changes To Reflect the Redesignation
Oregon adopted maintenance plans for both the Oakridge
PM10 area and Oakridge PM2.5 area in the same
state rulemaking package and submitted them as a single SIP submittal
to EPA. This single submittal includes changes to LRAPA rules to
reflect the anticipated redesignation of both areas. Today's action
addresses the Oakridge PM10 area, and we are addressing the
Oakridge PM2.5 area in a separate action. In today's action
EPA is proposing to approve revisions to LRAPA's Title 29 Designation
of Air Quality Areas, Section 29-0030(1) Designation of Nonattainment
Areas and Section 29-0040(2)(b) Designation of Maintenance Areas. These
revisions will remove the Oakridge PM10 nonattainment areas
from the list of PM10 nonattainment areas and add them to
the list of PM10 maintenance areas within the federally-
approved Oregon SIP.\32\
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\32\ On January 13, 2022, Oregon also submitted LRAPA Title 29
Sections 0020, 0050-0090, 0300 and 0320. Oregon made no changes to
these sections, except for the State effective date. EPA has
reviewed these rules and approved them in a previous action (83 FR
50274, March 23, 2018).
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IV. Proposed Action
EPA proposes to redesignate the Oakridge, Oregon PM10
NAA, and proposes to approve the associated maintenance plan for the
area. If this proposal is finalized, the designation status of the
Oakridge, Oregon PM10 NAA, under 40 CFR part 81 will be
revised to attainment upon the effective date of that final action.
EPA proposes to approve and incorporate by reference into the
Oregon SIP, the submitted revisions to LRAPA Title 29 Sections 29-
0030(1) and 29-0040(2)(b) state effective November 18, 2021. EPA also
proposes to approve the State's request to remove from incorporation by
reference City of Oakridge Ordinance 815, state effective August 15,
1996.
In addition, EPA proposes to take final agency action on Oregon's
exceptional event demonstration for the Oakridge PM2.5
monitor as discussed in this action.
Finally, we propose to find that the Oakridge PM10
maintenance plan's MVEBs meet applicable CAA requirements for
maintenance plans and transportation conformity requirements. With this
action, we are starting the adequacy process for these proposed MVEBs
and opening a public comment period.
We note that the January 13, 2022 submittal also includes the
Oakridge PM2.5 redesignation and maintenance plan, revisions
to the Lane County Code, and additional revisions to LRAPA's Title 29
rules, which EPA will address in a separate action.
V. Incorporation by Reference
In this document, EPA proposes to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA proposes to incorporate by
reference the provisions described in section IV of this preamble. EPA
is also proposing to remove regulatory text that includes incorporation
by reference. In accordance with requirements of 1 CFR 51.5, EPA
proposes to remove the City of Oakridge Ordinance 815, state effective
August 15, 1996, from the incorporation by reference as described in
section IV of this preamble. EPA has made, and will continue to make,
these documents generally available through
[[Page 27549]]
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).
VI. Statutory and Executive Orders Review
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submittal 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 submittals, EPA's role is to
approve State choices, provided that they meet the criteria of the CAA.
Accordingly, this proposed action merely proposes to approve a State
plan as meeting Federal requirements and does not impose additional
requirements beyond those already 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 those requirements would be inconsistent
with the CAA; and
Does not provide 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects
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.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 25, 2022.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2022-09254 Filed 5-6-22; 8:45 am]
BILLING CODE 6560-50-P