[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Rules and Regulations]
[Pages 29046-29048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09977]



40 CFR Part 52

[EPA-R10-OAR-2020-0684; FRL-9402-02-R10]

Air Plan Approval; OR; Air Contaminant Discharge Permit Fee 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Oregon State Implementation Plan (SIP) submitted on 
November 5, 2020. The revision establishes new fees to be paid by 
stationary sources of air contaminants that submit notices of intent to 
construct. The revision also adds a new basic air contaminant discharge 
permit category to allow certain minor sources, that would otherwise be 
required to obtain a general, simple, or standard permit, the option to 
qualify for a basic permit.

DATES: This final rule is effective June 13, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2020-0684. 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 (15-H13), EPA Region 10, 
1200 Sixth Avenue (Suite 155), Seattle, WA 98101, (206) 553-6357, 
[email protected].

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

Table of Contents

I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    On November 5, 2020, Oregon submitted a SIP revision addressing 
stationary source permitting and associated fees.\1\ The revision, 
State effective September 21, 2020, makes updates to SIP-approved air 
quality permitting regulations. Oregon's air quality regulations are 
codified in Divisions 200 through 268 of Chapter 340 of the Oregon 
Administrative Rules (OAR).

    \1\ Oregon subsequently revised the scope of the SIP revision 
submitted for EPA approval in a letter dated December 22, 2021. In 
the letter, Oregon clarified that OAR 340-216-8020, which includes 
the specific fee amounts to be paid by sources, is not submitted for 
SIP approval. The letter has been placed in the docket for this 

    We proposed to approve the submitted SIP revision on February 14, 
2022 (87 FR 8222). The reasons for our proposed approval are included 
in the proposal and will not be restated here. The public comment 
period closed on March 16, 2022. We received no public comments, 
therefore, we are finalizing the action as proposed.

II. Final Action

    The EPA is approving, and incorporating by reference, revisions to 
the Oregon SIP submitted on November 5, 2020, for the purposes of SIP-
related permitting. Upon the effective date of this action, the Oregon 
SIP will include the following regulations, State effective September 
21, 2020:
     OAR 340-210-0230, Notice of Construction and Approval of 
Plans: Notice to Construct;
     OAR 340-210-0240, Notice of Construction and Approval of 
Plans: Construction Approval; and
     OAR 340-216-8010, Table 1--Activities and Sources.

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, we are finalizing the incorporation by reference of Oregon 
regulatory provisions as described in Section II of this preamble and 
set forth below in the amendments to 40 CFR part 52. The EPA has made, 
and will continue to make, these materials generally available through 
https://www.regulations.gov and at the EPA Region 10 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). Therefore, these 
materials have been approved by the EPA for inclusion in the SIP, have 
been incorporated by reference by the EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the Clean Air

[[Page 29047]]

Act as of the effective date of the final rule of the EPA's approval, 
and will be incorporated by reference in the next update to the SIP 

    \2\ 62 FR 27968 (May 22, 1997).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the CAA 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves State law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
     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 the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and it will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
    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 July 11, 2022. 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: May 3, 2022.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:


1. The authority citation for part 52 continues to read as follows:

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

Subpart MM--Oregon

2. In Sec.  52.1970, amend table 2 in paragraph (c) by revising the 
entries for ``210-0230'', ``210-0240'', and ``216-8010'' to read as 

Sec.  52.1970   Identification of plan.

* * * * *
    (c) * * *

                           Table 2--EPA-Approved Oregon Administrative Rules (OAR) \1\
          State citation               Title/subject       effective     EPA approval date       Explanations
                                Chapter 340--Department of Environmental Quality
                                                  * * * * * * *

[[Page 29048]]

                            Division 210--Stationary Source Notification Requirements
                                                  * * * * * * *
                                  Notice of Construction and Approval of Plans
                                                  * * * * * * *
210-0230.........................  Notice to Construct.    9/21/2020   5/12/2022, [INSERT    ...................
                                                                        Federal Register
210-0240.........................  Construction            9/21/2020   5/12/2022, [INSERT    ...................
                                    Approval.                           Federal Register
                                                  * * * * * * *
                                 Division 216--Air Contaminant Discharge Permits
                                                  * * * * * * *
216-8010.........................  Table 1--Activities     9/21/2020   5/12/2022, [INSERT    ...................
                                    and Sources.                        Federal Register
                                                  * * * * * * *
\1\ The EPA approves the requirements in Table 2 of this paragraph (c) only to the extent they apply to (1)
  pollutants for which NAAQS have been established (criteria pollutants) and precursors to those criteria
  pollutants as determined by the EPA for the applicable geographic area; and (2) any additional pollutants that
  are required to be regulated under Part C of Title I of the CAA, but only for the purposes of meeting or
  avoiding the requirements of Part C of Title I of the CAA.

* * * * *
[FR Doc. 2022-09977 Filed 5-11-22; 8:45 am]