[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Rules and Regulations]
[Pages 77720-77722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27490]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2022-0740; FRL-10172-01-R10]


Air Plan Approval; OR; Updates to Materials Incorporated by 
Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the 
regulatory materials incorporated by reference into the Oregon State 
Implementation Plan (SIP). The regulations addressed in this action 
were previously submitted by the Oregon Department of Environmental 
Quality (ODEQ) and approved by the EPA in prior rulemakings. In this 
action, the EPA is also notifying the public of corrections to 
typographical errors, and minor formatting changes to the incorporation 
by reference tables. This update affects the SIP materials that are 
available for public inspection at the National Archives and Records 
Administration and the EPA Regional Office.

DATES: This action is effective December 20, 2022.

ADDRESSES: SIP materials which are incorporated by reference into the 
Code of Federal Regulations (CFR) at 40 CFR part 52 are available for 
inspection at the following locations: online at www.regulations.gov in 
the docket for this action, by appointment at the EPA Region 10, 1200 
Sixth Avenue, Suite 155, Seattle, WA 98101, and by appointment at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at the EPA Regional Office, please 
contact the person in the FOR FURTHER INFORMATION CONTACT section of 
this document. For information on the availability of this material at 
NARA, NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    The SIP is a living document revised by the State as necessary to 
address its unique air pollution problems in a manner consistent with 
requirements of section 110 of the Clean Air Act (CAA), 42 U.S.C. 7410. 
Therefore, from time to time, the EPA must take action on SIP revisions 
containing new and/or revised regulations, approving and incorporating 
them by reference into the SIP. On May 22, 1997, the EPA revised the 
procedures for incorporating by reference federally approved SIP 
provisions, as a result of consultations between the EPA and the Office 
of the Federal Register (OFR) (62 FR 27968). The description of the 
revised SIP document, IBR procedures and ``Identification of plan'' 
format is discussed in further detail in the May 22, 1997, Federal 
Register document. On December 10, 2013, the EPA published a Federal 
Register document beginning the new IBR procedure for Oregon (78 FR 
74012). The EPA subsequently published an update to the IBR materials 
for Oregon on April 10, 2019 (84 FR 14272). Since then, the EPA has 
approved and incorporated by reference several provisions of the Oregon 
Revised Statutes (ORS), Oregon Administrative Rules (OAR), Lane 
Regional Clean Air Protection Agency (LRAPA) rules, and City and County 
Ordinances into the Oregon SIP. The following Federal Register 
documents contain the provisions that EPA approved and incorporated by 
reference: 84 FR 26347, June 6, 2019; 84 FR 58324, October 31, 2019; 84 
FR 58327, October 31, 2019; 85 FR 35198, June 9, 2020; 86 FR 27976, May 
25, 2021; 86 FR 43954, August 11, 2021; 87 FR 29046, May 12, 2022; 87 
FR 41256, July 12, 2022; 87 FR 51262, August 22, 2022; and 87 FR 51265, 
August 22, 2022.

II. EPA Action

    In this action, the EPA is announcing the update to the Oregon 
materials approved and incorporated by reference into the Oregon SIP at 
40 CFR 52.1970(c) as of August 31, 2022. The EPA is also correcting 
minor typographical errors, including correcting the federal citation 
for the June 9, 2020 approval of OAR 340-236-0010 Definitions 
(definitions for emission standards for specific industries) from ``85 
FR 33198'' to ``85 FR 35198''; correcting typographical errors to entry 
OAR 340-256-0330 to reflect corrected information and finally 
correcting Table 4, footnote 1 to replace the word ``Titles'' with the 
word ``Title''. Lastly, in subsection 52.1970 (e), the EPA is revising 
the heading for Table 5 to better reflect the content of the table.
    The EPA has determined that this action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedures Act (APA), which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation, and section 553(d)(3), 
which allows an agency to make an action effective immediately (thereby 
avoiding the 30-day delayed effective date otherwise provided for in 
the APA). Today's rule simply codifies provisions, which are already in 
effect as a matter of law in Federal and approved State programs. Under 
section 553 of the APA, an agency may find good cause where procedures 
are ``impractical, unnecessary, or contrary to the public interest.'' 
Public comment is ``unnecessary'' and ``contrary to the public 
interest'' since the codification only reflects existing law. Immediate 
notice in the CFR benefits the public by removing outdated citations 
and incorrect table entries.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes

[[Page 77721]]

incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is updating its compilation of State and local rules 
included in the Oregon SIP by finalizing the incorporation by reference 
of previously EPA-approved regulations promulgated by Oregon and 
federally approved prior to August 31, 2022. These include new and 
revised provisions as contained in the Federal Register documents 
listed in section I of this preamble. Lastly, the EPA is also 
correcting typographical errors in 52.1970(c) as described in section 
II of this preamble. The EPA has made, and will continue to make, these 
materials generally available through 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).

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, 
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 Clean Air Act; 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, 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 as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Alaska regulations described in sections I and II of this preamble. The 
EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or in hard 
copy at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    The EPA has also determined that the provisions of section 
307(b)(1) of the CAA pertaining to petitions for judicial review are 
not applicable to this action. Prior EPA rulemaking actions for each 
individual component of the Oregon SIP compilations had previously 
afforded interested parties the opportunity to file a petition for 
judicial review in the United States Court of Appeals for the 
appropriate circuit within 60 days of such rulemaking action. Thus, the 
EPA sees no need in this action to reopen the 60-day period for filing 
such petitions for judicial review for this ``Identification of plan'' 
update action for Oregon.

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 record keeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: December 13, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations, 
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:
0
a. Revise paragraph (b);
0
b. In paragraph (c):
0
i. Amend Table 2, by revising the entry for ``236-0010 Definitions'';
0
ii. Amend Table 2, by revising the entry for ``256-0330 Department of 
Defense Personnel Participating in the Privately Owned Vehicle Import 
Control Program'';
0
iii. Amend Table 4, by revising Footnote ``1''; and
0
c. In paragraph (e), revise the heading for Table 5.
    The revisions read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed as incorporated 
by reference in paragraphs (c) and (d) of this section with an EPA 
approval date prior to August 31, 2022, was approved for incorporation 
by reference by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it 
exists on the date of the approval and notice of any change in the 
material will be published in the Federal Register. Entries in 
paragraphs (c) and (d) of this section, with the EPA approval dates on 
or after August 31, 2022, will be incorporated by reference in the next 
update to the SIP compilation.
    (2) EPA Region 10 certifies that the rules and regulations provided 
by the EPA in the SIP compilation at the addresses in paragraph (b)(3) 
of this section are an exact duplicate of the officially promulgated 
State rules/regulations which have been approved

[[Page 77722]]

as part of the State Implementation Plan as of August 31, 2022.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region 10 Office at 1200 Sixth Ave., Suite 155, 
Seattle, WA 98101; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) * * *

                           Table 2--EPA Approved Oregon Administrative Rules (OAR) \1\
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                                                               State
      State  citation               Title/subject            effective       EPA approval date     Explanations
                                                               date
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                                                  * * * * * * *
236-0010..................  Definitions.................       7/19/2019  6/9/2020, 85 FR 35198.  ..............
 
                                                  * * * * * * *
256-0330..................  Department of Defense             10/14/1999  11/22/2004; 69 FR       ..............
                             Personnel Participating in                    67819.
                             the Privately Owned Vehicle
                             Import Control Program.
 
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 Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules
                       for Lane County, Oregon \1\
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\1\ The EPA approves the requirements in Table 4 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.

* * * * *
    (e) * * *

   Table 5--State of Oregon Air Quality Control Program--Nonregulatory
                Provisions and Quasi-Regulatory Measures
 
 
 
 
 

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[FR Doc. 2022-27490 Filed 12-19-22; 8:45 am]
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