80_FR_45008 80 FR 44864 - [EPA-R10-OAR-2015-0322; FRL-9931-13-Region 10] Approval and Promulgation of State Implementation Plans: Oregon: Grants Pass Carbon Monoxide Limited Maintenance Plan

80 FR 44864 - [EPA-R10-OAR-2015-0322; FRL-9931-13-Region 10] Approval and Promulgation of State Implementation Plans: Oregon: Grants Pass Carbon Monoxide Limited Maintenance Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 144 (July 28, 2015)

Page Range44864-44868
FR Document2015-18220

The Environmental Protection Agency (EPA) is taking direct final action to approve a carbon monoxide Limited Maintenance Plan (LMP) for Grants Pass, submitted by the State of Oregon on April 22, 2015 as a revision to its State Implementation Plan (SIP). In accordance with the requirements of the Clean Air Act (CAA), the EPA is approving this SIP revision because it demonstrates that Grants Pass will continue to meet the carbon monoxide National Ambient Air Quality Standards (NAAQS) for a second 10-year period beyond re-designation, through 2025.

Federal Register, Volume 80 Issue 144 (Tuesday, July 28, 2015)
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44864-44868]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18220]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52


[EPA-R10-OAR-2015-0322; FRL-9931-13-Region 10] Approval and 
Promulgation of State Implementation Plans: Oregon: Grants Pass Carbon 
Monoxide Limited Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a carbon monoxide Limited Maintenance Plan 
(LMP) for Grants Pass, submitted by the State of Oregon on April 22, 
2015 as a revision to its State Implementation Plan (SIP). In 
accordance with the requirements of the Clean Air Act (CAA), the EPA is 
approving this SIP revision because it demonstrates that Grants Pass 
will continue to meet the carbon monoxide National Ambient Air Quality 
Standards (NAAQS) for a second 10-year period beyond re-designation, 
through 2025.

DATES: This rule is effective on September 28, 2015, without further 
notice, unless the EPA receives adverse comment by August 27, 2015. If 
the EPA receives adverse comment, we will publish a timely withdrawal 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0322, by any of the following methods:
     Federal eRulemaking Portal http://www.regulations.gov: 
Follow the on-line instructions for submitting comments.
     Email: R10-Public_Comments@epa.gov.
     Mail: Lucy Edmondson, EPA Region 10, Office of Air, Waste 
and Toxics, AWT-150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle, WA 98101. Attention: Lucy Edmondson, Office of Air, 
Waste and Toxics, AWT-150. Such deliveries are only accepted during 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2015-0322. Once submitted, comments cannot be edited or withdrawn. The 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or 
email. The http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means the EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email comment directly to the EPA without going through 
http://www.regulations.gov, your email address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the Internet. If you submit an 
electronic comment, the EPA recommends that you include your name and 
other contact information in the body of your comment and with any disk 
or CD-ROM you submit. If the EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure 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. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, 
Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Lucy Edmondson at (360) 753-9082, 
edmondson.lucy@epa.gov, or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'' or ``our'' is used, it is intended to refer to the EPA. 
Information is organized as follows:

Table of Contents

I. This Action
II. Background
III. Public and Stakeholder Involvement in Rulemaking Process
IV. Evaluation of Oregon's Submittal
V. Transportation and General Conformity

[[Page 44865]]

VI. Final Action
VII. Oregon Notice Provision
VIII. Statutory and Executive Order Reviews

I. This Action

    The EPA is taking direct final action to approve the carbon 
monoxide (CO) LMP for Grants Pass, Oregon. The Oregon Department of 
Environmental Quality (ODEQ) submitted this plan as a SIP revision, on 
April 22, 2015. This CO LMP is designed to keep Grants Pass in 
attainment with the CO standard for a second 10-year period beyond re-
designation, through 2025.

II. Background

    Under Section 107(d)(1)(c) of the CAA, each CO area designated 
nonattainment prior to enactment of the 1990 Amendments, such as Grants 
Pass, was designated nonattainment by operation of law upon enactment 
of the 1990 Amendments. Under section 186(a) of the CAA, each CO area 
designated nonattainment under section 107(d) was also classified by 
operation of law as either ``moderate'' or ``serious'' depending on the 
severity of the area's air quality problem. CO areas with design values 
between 9.1 and 16.4 parts per million (ppm), such as Grants Pass, were 
classified as moderate. These nonattainment designations and 
classifications were codified in 40 CFR part 81. (56 FR 56694) 
(November 6, 1991).
    In August 2000, the EPA approved the first maintenance plan 
designed to maintain compliance with the CO standard in Grants Pass, OR 
through the year 2015 (see 65 FR 52932, August 31, 2000). While the 
central business district represented the maintenance area, the EPA 
considered the Urban Growth Boundary (UGB) to be a more representative 
area of influence for carbon monoxide emissions, and the 1993 emission 
inventory was prepared for the UGB. In addition to approving ODEQ's 
maintenance plan for the area, the EPA also approved ODEQ's request to 
redesignate the Grants Pass area to attainment of the CO standard (see 
65 FR 52932, August 31, 2000). On November 5, 1999, Oregon submitted a 
complete rule renumbering and relabeling package to EPA for approval in 
the SIP. On January 22, 2003, EPA approved the recodified version of 
Oregon's rules to remove and replace the outdated numbering system (68 
FR 2891).
    Per CAA section 175A(b), Oregon's current SIP submittal provides a 
second 10-year CO maintenance plan for Grants Pass that will apply 
until 2025, and fulfill the final planning requirements under the CAA. 
In addition, the plan is consistent with the elements of a LMP as 
outlined in an EPA October 6, 1995 memorandum from Joseph Paisie, the 
Group Leader of the Integrated Policy and Strategies Group, titled, 
``Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment 
Areas'' (LMP Option). To qualify for the LMP Option, the CO design 
value for an area, based on the eight consecutive quarters (two years 
of data) used to demonstrate attainment, must be at or below 7.65 ppm 
(85 percent of the CO NAAQS). In addition, the control measures from 
the first CO maintenance plan must remain in place and unchanged. The 
primary control measure has been the emission standards for new motor 
vehicles under the Federal Motor Vehicle Control Program. Other control 
measures have been the New Source Review Program and several 
residential woodsmoke emission reduction efforts. The EPA has 
determined that the LMP Option for CO is also available to all states 
as part of the CAA 175A(b) update to the maintenance plans, regardless 
of the original nonattainment classification, or lack thereof. Thus, 
the EPA finds that Grants Pass qualifies for the LMP.

III. Public and Stakeholder Involvement in Rulemaking Process

    Section 110(a)(2) of the CAA requires that each SIP revision offer 
a reasonable opportunity for notice and public hearing. This must occur 
prior to the revision being submitted by the State to the EPA. The 
State provided notice and an opportunity for public comment from 
December 16, 2014 until January 26, 2015, with no comments received. 
ODEQ also held a public hearing on January 22, 2015 in Grants Pass. 
This SIP revision was submitted by the Governor's designee and was 
received by the EPA on April 22, 2015. The EPA has evaluated ODEQ's 
submittal and determined that the State met the requirements for 
reasonable notice and public hearing under section 110(a)(2) of the 
CAA.

IV. Evaluation of Oregon's Submittal

    The EPA has reviewed Oregon's SIP submittal for Grants Pass. The 
following is a summary of the requirements for a LMP and the EPA's 
evaluation of how each requirement has been met by the SIP submittal.

A. Base Year Emissions Inventory

    The maintenance plan must contain an attainment year emissions 
inventory to identify a level of CO emissions in the area that is 
sufficient to attain the CO NAAQS. The April 22, 2015 SIP submittal 
contains a summary of the CO emissions inventory for Grants Pass for 
the base year 2005. This summary is based on the Grants Pass Inventory 
Preparation and Quality Assurance Plan for the Grants Pass Urban Growth 
Boundary Limited Carbon Monoxide Maintenance Plan, adopted March 2014.
    Historically, exceedances of the CO standard in Grants Pass have 
occurred during the winter months, when cooler temperatures contribute 
to incomplete combustion, and when CO emissions are trapped near the 
ground by atmospheric inversions. The UGB was used for the initial 1993 
emissions inventory, since it was more representative of the area of 
influence for carbon monoxide emissions, and used again for the 2005 
emission inventory in this LMP. Sources of carbon monoxide in Grants 
Pass include industry, motor vehicles, non-road mobile sources, (e.g., 
construction equipment, recreational vehicles, lawn and garden 
equipment, and area sources (e.g., outdoor burning, woodstoves, 
fireplaces, and wildfires). The CO season is defined as three 
consecutive months--December 1 through the end of February. As such, 
season day emissions in addition to annual emissions are included in 
the inventory. The unit of measure for annual emissions is in tons per 
year (tpy), while the unit of measure for season day emissions is in 
pounds per day (lb/day). In addition, the county-wide emissions 
inventory data is spatially allocated to the Grants Pass UGB, and to 
buffers around the UGB, depending on emissions category.
    Because violations of the CO NAAQS are most likely to occur on 
winter weekdays, the inventory prepared is for a ``typical winter 
day''. The table below shows the estimated tons of CO emitted per 
winter day by source category for the 2005 base year.

        2005 Emissions Inventory, Main Source Category Subtotals
------------------------------------------------------------------------
                                                           CO emissions
                  Main source category                      pounds per
                                                            winter day
------------------------------------------------------------------------
Stationary Point Sources................................           1,202
Onroad Mobile Sources...................................          58,120
Non-road Mobile Sources.................................           6,289
Stationary Area Sources.................................          22,244
                                                         ---------------
    Total...............................................          87,855
------------------------------------------------------------------------

B. Demonstration of Maintenance

    The CO NAAQS is attained when the annual second highest 8-hour 
average CO concentration for an area does not exceed a concentration of 
9.0 ppm. The last monitored violation of the CO

[[Page 44866]]

NAAQS in Grants Pass occurred in 1990, and CO levels have been steadily 
in decline.
    For areas using the LMP Option, the maintenance plan demonstration 
requirement is considered to be satisfied when the second highest 8-
hour CO concentration is at or below 7.65 ppm (85 percent of the CO 
NAAQS) for 8 consecutive quarters. The current 8-hour CO Design Value 
for Grants Pass is 4.0 ppm based on the two most recent years of data 
(2004-2005), which is significantly below the LMP Option requirement of 
7.65 ppm. Therefore, the State has demonstrated that Grants Pass 
qualifies for the LMP Option.
    With the LMP Option, there is no requirement to project emissions 
of air quality over the upcoming maintenance period. The EPA believes 
that if the area begins the maintenance period at, or below, 85 percent 
of the level of the CO 8-hour NAAQS, the applicability of prevention of 
significant deterioration requirements, the control measures already in 
the SIP, and Federal control measures already in place will provide 
adequate assurance of maintenance over the 10-year maintenance period.

C. Monitoring Network and Verification of Continued Attainment

    Monitored CO levels in the Grants Pass UGB steadily declined since 
monitoring began in the area in 1980. CO levels have declined 
significantly across the nation through motor vehicle emissions 
controls and fleet turnover to newer, cleaner vehicle models. As CO 
levels dropped and stayed low, Oregon requested to remove the Grants 
Pass CO monitor in 2006, and the EPA approved the request on October 
19, 2006. ODEQ now uses an alternate method of verifying continued 
attainment with the CO standard.
    ODEQ calculates CO emissions every three years as part of the 
Statewide Emissions Inventory and submits the data to the EPA for 
inclusion in the National Emissions Inventory (NEI). ODEQ commits to 
review the NEI estimates to identify any increases over the 2005 
emission levels and source categories, and report on them in the annual 
network plan for the applicable year. Since on-road motor vehicles are 
the predominant source of carbon monoxide in Grants Pass (about 70%), 
this source category will be the primary focus of this review. ODEQ 
will annually calculate CO emissions and evaluate any increase in CO 
emissions to confirm it is not due to a change in emission calculation 
methodology, an exceptional event, or other factor not representative 
of an actual emissions increase. Recognizing there could be a minor, 
insignificant emissions increase, for the purposes of triggering the 
Contingency Plan described below, an increase of five percent in either 
the total annual or season day emissions, or in the on-road mobile 
source category, represents a ``significant'' emission increase.

D. Contingency Plan

    Section 175A(d) of the CAA requires that a maintenance plan include 
contingency provisions necessary to ensure prompt correction of any 
violations of the standard that may occur. In its April 22, 2015 
submittal, the State of Oregon included the following contingency 
measures for this LMP:
    1. If ODEQ's three-year periodic review of CO emissions shows a 
significant increase in emissions, as described in Section 8 of this 
plan, ODEQ will then reestablish ambient CO monitoring in Grants Pass.
    2. If the highest measured 8-hour CO concentration in a given year 
in Grants Pass exceeds the LMP eligibility level of 7.65 ppm (85 
percent of the 8-hr standard), ODEQ will evaluate the cause of the CO 
increase. Within six months of the validated 7.65 ppm CO concentration, 
ODEQ will determine a schedule of selected strategies to either prevent 
or correct any violation of the 8-hour CO standard. The contingency 
strategies that will be considered include, but are not limited to:

 Improvements to parking and traffic circulation
 Aggressive signal retiming program
 Funding for transit
 Implementation of bicycle and pedestrian networks.

    ODEQ (and the advisory group if needed) may also conduct further 
evaluation, to determine if other strategies are necessary.
    3. If a violation of the CO standard occurs, in addition to step 
two above, ODEQ will replace the Best Available Control Technology 
(BACT) requirement for new and modified stationary sources with the 
Lowest Achievable Emission Rate (LAER) technology, and reinstate the 
requirement to offset any new CO emissions. Additional CO emission 
reduction measures will be considered, as needed.

V. Transportation and General Conformity

    Federal transportation conformity rules (40 CFR parts 51 and 93) 
and general conformity rules (58 FR 63214, November 30, 1993) continue 
to apply under a LMP. However, as noted in the LMP Option memo, these 
requirements are greatly simplified. An area under a LMP can 
demonstrate conformity without submitting an emissions budget, and as a 
result, emissions do not need to be capped nor a regional emissions 
analysis (including modeling) conducted. Grants Pass is currently 
meeting the requirements of 40 CFR parts 51 and 93.
    In the June 24, 2015 adequacy finding for the Grants Pass CO LMP, 
the EPA determined that Grants Pass has met the criteria to be exempt 
from regional emissions analysis for CO. However, other transportation 
conformity requirements such as consultation, transportation control 
measures, and project level conformity requirements would continue to 
apply to the area. With approval of the LMP, the area continues to be 
exempt from performing a regional emissions analysis, but must meet 
project-level conformity analyses as well as the transportation 
conformity criteria mentioned above.

VI. Final Action

    In accordance with the requirements of the CAA, the EPA is 
approving the CO LMP for Grants Pass, Oregon submitted by the State of 
Oregon on April 22, 2015 as a revision to the Oregon SIP. The State has 
adequately demonstrated that Grants Pass will maintain the CO NAAQS and 
meet the requirements of a LMP through the second 10-year maintenance 
period through 2025.
    The EPA is publishing this action without prior proposal because 
the EPA views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, the EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective September 28, 
2015 without further notice unless the EPA receives adverse comments by 
August 27, 2015. If the EPA receives such comments, then the EPA will 
publish a timely withdrawal of the direct final rule informing the 
public that the rule will not take effect. All public comments received 
will then be addressed in a subsequent final rule based on the proposed 
rule. The EPA will not institute a second comment period on this rule. 
Any parties interested in commenting on this rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on September 28, 2015 and no further action will 
be taken on the proposed rule.

[[Page 44867]]

VII. Oregon Notice Provision

    Oregon Revised Statute 468.126, prohibits ODEQ from imposing a 
penalty for violation of an air, water or solid waste permit, unless 
the source has been provided five days advanced written notice of the 
violation, and has not come into compliance or submitted a compliance 
schedule within that five-day period. By its terms, the statute does 
not apply to Oregon's Title V program or to any program if application 
of the notice provision would disqualify the program from Federal 
delegation. Oregon has previously confirmed that, because application 
of the notice provision would preclude EPA approval of the Oregon SIP, 
no advance notice is required for violation of SIP requirements.

VIII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
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 this action does not involve technical standards; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land 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 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. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 28, 2015. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of the Federal Register, rather than file an immediate petition 
for judicial review of this direct final rule, so that the EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Reporting and 
recordkeeping requirements.

    Dated: July 8, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart MM--Oregon

0
2. Section 52.1970, paragraph (e), the table entitled ``State of Oregon 
Air Quality Control Program'' is amended by adding an entry after the 
existing entries under ``Section 4'' to read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (e) * * *

                                   State of Oregon Air Quality Control Program
----------------------------------------------------------------------------------------------------------------
                                                               State
          SIP citation                Title/subject       effective date  EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 4
 

[[Page 44868]]

 
                                                  * * * * * * *
                                 Grants Pass Second 10-        4/16/2015  7/28/2015,         ...................
                                  Year Carbon Monoxide                     [Insert Federal
                                  Limited Maintenance                      Register
                                  Plan.                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-18220 Filed 7-27-15; 8:45 am]
BILLING CODE P



                                                  44864               Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations

                                                  proposal also includes separate fuel                     ENVIRONMENTAL PROTECTION                              personal information provided, unless
                                                  efficiency and greenhouse gas standards                  AGENCY                                                the comment includes information
                                                  for the engines that power combination                                                                         claimed to be Confidential Business
                                                  tractors and vocational vehicles.                        40 CFR Part 52                                        Information (CBI) or other information
                                                     The joint proposed rules for which                                                                          whose disclosure is restricted by statute.
                                                  EPA and NHTSA are holding the public                     [EPA–R10–OAR–2015–0322; FRL–                          Do not submit information that you
                                                  hearings were published in the Federal                   9931–13–Region 10] Approval and                       consider to be CBI or otherwise
                                                  Register on July 13, 2015 (80 FR 40138),                 Promulgation of State Implementation                  protected through http://
                                                  and are also available at the Web sites                  Plans: Oregon: Grants Pass Carbon                     www.regulations.gov or email. The
                                                  listed above under FOR FURTHER                           Monoxide Limited Maintenance Plan                     http://www.regulations.gov Web site is
                                                  INFORMATION CONTACT. NHTSA’s Draft                                                                             an ‘‘anonymous access’’ system, which
                                                                                                           AGENCY: Environmental Protection
                                                  Environmental Impact Statement is                        Agency (EPA).                                         means the EPA will not know your
                                                  available on the NHTSA Web site and                                                                            identity or contact information unless
                                                                                                           ACTION: Direct final rule.
                                                  in NHTSA’s rulemaking docket, both                                                                             you provide it in the body of your
                                                  referenced above. Once NHTSA and                         SUMMARY:    The Environmental Protection              comment. If you send an email
                                                  EPA learn how many people have                           Agency (EPA) is taking direct final                   comment directly to the EPA without
                                                  registered to speak at each public                       action to approve a carbon monoxide                   going through http://
                                                  hearing, we will allocate an appropriate                 Limited Maintenance Plan (LMP) for                    www.regulations.gov, your email
                                                  amount of time to each participant,                      Grants Pass, submitted by the State of                address will be automatically captured
                                                  allowing time for necessary breaks. In                   Oregon on April 22, 2015 as a revision                and included as part of the comment
                                                  addition, we will reserve a block of time                to its State Implementation Plan (SIP).               that is placed in the public docket and
                                                  for anyone else in the audience who                      In accordance with the requirements of                made available on the Internet. If you
                                                  wants to give testimony. For planning                    the Clean Air Act (CAA), the EPA is                   submit an electronic comment, the EPA
                                                  purposes, each speaker should                            approving this SIP revision because it                recommends that you include your
                                                  anticipate speaking for approximately                    demonstrates that Grants Pass will                    name and other contact information in
                                                  five minutes, although we may need to                    continue to meet the carbon monoxide                  the body of your comment and with any
                                                  shorten that time if there is a large                    National Ambient Air Quality Standards                disk or CD–ROM you submit. If the EPA
                                                  turnout. We request that you bring two                   (NAAQS) for a second 10-year period                   cannot read your comment due to
                                                  copies of your statement or other                        beyond re-designation, through 2025.                  technical difficulties and cannot contact
                                                  material for the EPA and NHTSA                                                                                 you for clarification, the EPA may not
                                                                                                           DATES: This rule is effective on
                                                  panels.                                                                                                        be able to consider your comment.
                                                     NHTSA and EPA will conduct the                        September 28, 2015, without further
                                                                                                                                                                 Electronic files should avoid the use of
                                                  hearings informally, and technical rules                 notice, unless the EPA receives adverse
                                                                                                                                                                 special characters, any form of
                                                  of evidence will not apply. We will                      comment by August 27, 2015. If the EPA
                                                                                                                                                                 encryption, and be free of any defects or
                                                  arrange for a written transcript of each                 receives adverse comment, we will
                                                                                                                                                                 viruses.
                                                  hearing and keep the official record for                 publish a timely withdrawal in the
                                                                                                                                                                    Docket: All documents in the docket
                                                  the proposed rule open for 30 days after                 Federal Register informing the public
                                                                                                                                                                 are listed in the http://
                                                  the last public hearing to allow speakers                that the rule will not take effect.
                                                                                                                                                                 www.regulations.gov index. Although
                                                  to submit supplementary information.                     ADDRESSES: Submit your comments,                      listed in the index, some information is
                                                  Panel members may ask clarifying                         identified by Docket ID No. EPA–R10–                  not publicly available, e.g., CBI or other
                                                  questions during the oral statements but                 OAR–2015–0322, by any of the                          information whose disclosure is
                                                  will not respond to the statements at                    following methods:                                    restricted by statute. Certain other
                                                  that time. You may make arrangements                       • Federal eRulemaking Portal http://                material, such as copyrighted material,
                                                  for copies of the transcripts directly                   www.regulations.gov: Follow the on-line               is not placed on the Internet and will be
                                                  with the court reporter. Written                         instructions for submitting comments.                 publicly available only in hard copy.
                                                  statements and supporting information                      • Email: R10-Public_Comments@                       Publicly available docket materials are
                                                  submitted during the comment period                      epa.gov.                                              available either electronically in http://
                                                  will be considered with the same weight                    • Mail: Lucy Edmondson, EPA                         www.regulations.gov or in hard copy
                                                  as oral comments and supporting                          Region 10, Office of Air, Waste and                   during normal business hours at the
                                                  information presented at the public                      Toxics, AWT–150, 1200 Sixth Avenue,                   Office of Air, Waste and Toxics, EPA
                                                  hearings. The comment period for the                     Suite 900, Seattle, WA 98101.                         Region 10, 1200 Sixth Avenue, Seattle,
                                                  proposed rule will be extended such                        • Hand Delivery/Courier: EPA Region
                                                                                                                                                                 WA 98101.
                                                  that the closing date is 30 days after the               10, 1200 Sixth Avenue, Suite 900,
                                                                                                                                                                 FOR FURTHER INFORMATION CONTACT:
                                                  last public hearing. Therefore, written                  Seattle, WA 98101. Attention: Lucy
                                                                                                           Edmondson, Office of Air, Waste and                   Lucy Edmondson at (360) 753–9082,
                                                  comments on the proposal must be post                                                                          edmondson.lucy@epa.gov, or the above
                                                  marked no later than September 17,                       Toxics, AWT–150. Such deliveries are
                                                                                                           only accepted during normal hours of                  EPA, Region 10 address.
                                                  2015.                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                           operation, and special arrangements
                                                    Dated: July 22, 2015.                                  should be made for deliveries of boxed                Throughout this document wherever
                                                  Raymond R. Posten,                                       information.                                          ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is
                                                  Associate Administrator for Rulemaking,                    Instructions: Direct your comments to               intended to refer to the EPA.
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                                                  National Highway Traffic Safety                          Docket ID No. EPA–R10–OAR–2015–                       Information is organized as follows:
                                                  Administration.                                          0322. Once submitted, comments                        Table of Contents
                                                    Dated: July 22, 2015.                                  cannot be edited or withdrawn. The
                                                  Christopher Grundler,                                    EPA’s policy is that all comments                     I. This Action
                                                                                                                                                                 II. Background
                                                  Director, Office of Transportation and Air               received will be included in the public               III. Public and Stakeholder Involvement in
                                                  Quality, Environmental Protection Agency.                docket without change and may be                            Rulemaking Process
                                                  [FR Doc. 2015–18527 Filed 7–27–15; 8:45 am]              made available online at http://                      IV. Evaluation of Oregon’s Submittal
                                                  BILLING CODE 6560–50–P                                   www.regulations.gov, including any                    V. Transportation and General Conformity



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                                                                      Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations                                                            44865

                                                  VI. Final Action                                         consistent with the elements of a LMP                 emissions inventory for Grants Pass for
                                                  VII. Oregon Notice Provision                             as outlined in an EPA October 6, 1995                 the base year 2005. This summary is
                                                  VIII. Statutory and Executive Order Reviews              memorandum from Joseph Paisie, the                    based on the Grants Pass Inventory
                                                  I. This Action                                           Group Leader of the Integrated Policy                 Preparation and Quality Assurance Plan
                                                                                                           and Strategies Group, titled, ‘‘Limited               for the Grants Pass Urban Growth
                                                     The EPA is taking direct final action                 Maintenance Plan Option for                           Boundary Limited Carbon Monoxide
                                                  to approve the carbon monoxide (CO)                      Nonclassifiable CO Nonattainment                      Maintenance Plan, adopted March 2014.
                                                  LMP for Grants Pass, Oregon. The                         Areas’’ (LMP Option). To qualify for the                 Historically, exceedances of the CO
                                                  Oregon Department of Environmental                       LMP Option, the CO design value for an                standard in Grants Pass have occurred
                                                  Quality (ODEQ) submitted this plan as                    area, based on the eight consecutive                  during the winter months, when cooler
                                                  a SIP revision, on April 22, 2015. This                  quarters (two years of data) used to                  temperatures contribute to incomplete
                                                  CO LMP is designed to keep Grants Pass                   demonstrate attainment, must be at or                 combustion, and when CO emissions
                                                  in attainment with the CO standard for                   below 7.65 ppm (85 percent of the CO                  are trapped near the ground by
                                                  a second 10-year period beyond re-                       NAAQS). In addition, the control                      atmospheric inversions. The UGB was
                                                  designation, through 2025.                               measures from the first CO maintenance                used for the initial 1993 emissions
                                                  II. Background                                           plan must remain in place and                         inventory, since it was more
                                                                                                           unchanged. The primary control                        representative of the area of influence
                                                     Under Section 107(d)(1)(c) of the
                                                                                                           measure has been the emission                         for carbon monoxide emissions, and
                                                  CAA, each CO area designated
                                                                                                           standards for new motor vehicles under                used again for the 2005 emission
                                                  nonattainment prior to enactment of the
                                                                                                           the Federal Motor Vehicle Control                     inventory in this LMP. Sources of
                                                  1990 Amendments, such as Grants Pass,
                                                                                                           Program. Other control measures have                  carbon monoxide in Grants Pass include
                                                  was designated nonattainment by
                                                                                                           been the New Source Review Program                    industry, motor vehicles, non-road
                                                  operation of law upon enactment of the
                                                                                                           and several residential woodsmoke                     mobile sources, (e.g., construction
                                                  1990 Amendments. Under section
                                                                                                           emission reduction efforts. The EPA has               equipment, recreational vehicles, lawn
                                                  186(a) of the CAA, each CO area
                                                                                                           determined that the LMP Option for CO                 and garden equipment, and area sources
                                                  designated nonattainment under section
                                                                                                           is also available to all states as part of            (e.g., outdoor burning, woodstoves,
                                                  107(d) was also classified by operation
                                                                                                           the CAA 175A(b) update to the                         fireplaces, and wildfires). The CO
                                                  of law as either ‘‘moderate’’ or ‘‘serious’’
                                                                                                           maintenance plans, regardless of the                  season is defined as three consecutive
                                                  depending on the severity of the area’s
                                                                                                           original nonattainment classification, or             months—December 1 through the end of
                                                  air quality problem. CO areas with
                                                                                                           lack thereof. Thus, the EPA finds that                February. As such, season day
                                                  design values between 9.1 and 16.4
                                                                                                           Grants Pass qualifies for the LMP.                    emissions in addition to annual
                                                  parts per million (ppm), such as Grants
                                                  Pass, were classified as moderate. These                 III. Public and Stakeholder                           emissions are included in the inventory.
                                                  nonattainment designations and                           Involvement in Rulemaking Process                     The unit of measure for annual
                                                  classifications were codified in 40 CFR                                                                        emissions is in tons per year (tpy), while
                                                                                                              Section 110(a)(2) of the CAA requires              the unit of measure for season day
                                                  part 81. (56 FR 56694) (November 6,                      that each SIP revision offer a reasonable
                                                  1991).                                                                                                         emissions is in pounds per day (lb/day).
                                                                                                           opportunity for notice and public                     In addition, the county-wide emissions
                                                     In August 2000, the EPA approved the                  hearing. This must occur prior to the
                                                  first maintenance plan designed to                                                                             inventory data is spatially allocated to
                                                                                                           revision being submitted by the State to              the Grants Pass UGB, and to buffers
                                                  maintain compliance with the CO                          the EPA. The State provided notice and
                                                  standard in Grants Pass, OR through the                                                                        around the UGB, depending on
                                                                                                           an opportunity for public comment from                emissions category.
                                                  year 2015 (see 65 FR 52932, August 31,                   December 16, 2014 until January 26,
                                                  2000). While the central business                                                                                 Because violations of the CO NAAQS
                                                                                                           2015, with no comments received.                      are most likely to occur on winter
                                                  district represented the maintenance                     ODEQ also held a public hearing on
                                                  area, the EPA considered the Urban                                                                             weekdays, the inventory prepared is for
                                                                                                           January 22, 2015 in Grants Pass. This                 a ‘‘typical winter day’’. The table below
                                                  Growth Boundary (UGB) to be a more                       SIP revision was submitted by the
                                                  representative area of influence for                                                                           shows the estimated tons of CO emitted
                                                                                                           Governor’s designee and was received                  per winter day by source category for
                                                  carbon monoxide emissions, and the                       by the EPA on April 22, 2015. The EPA
                                                  1993 emission inventory was prepared                                                                           the 2005 base year.
                                                                                                           has evaluated ODEQ’s submittal and
                                                  for the UGB. In addition to approving                    determined that the State met the
                                                  ODEQ’s maintenance plan for the area,                                                                             2005 EMISSIONS INVENTORY, MAIN
                                                                                                           requirements for reasonable notice and
                                                  the EPA also approved ODEQ’s request                                                                               SOURCE CATEGORY SUBTOTALS
                                                                                                           public hearing under section 110(a)(2)
                                                  to redesignate the Grants Pass area to                   of the CAA.
                                                  attainment of the CO standard (see 65                                                                                                                          CO emissions
                                                                                                           IV. Evaluation of Oregon’s Submittal                      Main source category                         pounds per
                                                  FR 52932, August 31, 2000). On                                                                                                                                  winter day
                                                  November 5, 1999, Oregon submitted a                        The EPA has reviewed Oregon’s SIP
                                                  complete rule renumbering and                            submittal for Grants Pass. The following              Stationary Point Sources ......                        1,202
                                                  relabeling package to EPA for approval                   is a summary of the requirements for a                Onroad Mobile Sources ........                        58,120
                                                  in the SIP. On January 22, 2003, EPA                     LMP and the EPA’s evaluation of how                   Non-road Mobile Sources .....                          6,289
                                                  approved the recodified version of                                                                             Stationary Area Sources ......                        22,244
                                                                                                           each requirement has been met by the
                                                  Oregon’s rules to remove and replace                     SIP submittal.                                                Total ...............................         87,855
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                                                  the outdated numbering system (68 FR
                                                  2891).                                                   A. Base Year Emissions Inventory
                                                     Per CAA section 175A(b), Oregon’s                       The maintenance plan must contain                   B. Demonstration of Maintenance
                                                  current SIP submittal provides a second                  an attainment year emissions inventory                  The CO NAAQS is attained when the
                                                  10-year CO maintenance plan for Grants                   to identify a level of CO emissions in                annual second highest 8-hour average
                                                  Pass that will apply until 2025, and                     the area that is sufficient to attain the             CO concentration for an area does not
                                                  fulfill the final planning requirements                  CO NAAQS. The April 22, 2015 SIP                      exceed a concentration of 9.0 ppm. The
                                                  under the CAA. In addition, the plan is                  submittal contains a summary of the CO                last monitored violation of the CO


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                                                  44866               Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations

                                                  NAAQS in Grants Pass occurred in                         minor, insignificant emissions increase,              LMP Option memo, these requirements
                                                  1990, and CO levels have been steadily                   for the purposes of triggering the                    are greatly simplified. An area under a
                                                  in decline.                                              Contingency Plan described below, an                  LMP can demonstrate conformity
                                                    For areas using the LMP Option, the                    increase of five percent in either the                without submitting an emissions
                                                  maintenance plan demonstration                           total annual or season day emissions, or              budget, and as a result, emissions do not
                                                  requirement is considered to be satisfied                in the on-road mobile source category,                need to be capped nor a regional
                                                  when the second highest 8-hour CO                        represents a ‘‘significant’’ emission                 emissions analysis (including modeling)
                                                  concentration is at or below 7.65 ppm                    increase.                                             conducted. Grants Pass is currently
                                                  (85 percent of the CO NAAQS) for 8                                                                             meeting the requirements of 40 CFR
                                                  consecutive quarters. The current 8-                     D. Contingency Plan                                   parts 51 and 93.
                                                  hour CO Design Value for Grants Pass is                     Section 175A(d) of the CAA requires                   In the June 24, 2015 adequacy finding
                                                  4.0 ppm based on the two most recent                     that a maintenance plan include                       for the Grants Pass CO LMP, the EPA
                                                  years of data (2004–2005), which is                      contingency provisions necessary to                   determined that Grants Pass has met the
                                                  significantly below the LMP Option                       ensure prompt correction of any                       criteria to be exempt from regional
                                                  requirement of 7.65 ppm. Therefore, the                  violations of the standard that may                   emissions analysis for CO. However,
                                                  State has demonstrated that Grants Pass                  occur. In its April 22, 2015 submittal,               other transportation conformity
                                                  qualifies for the LMP Option.                            the State of Oregon included the                      requirements such as consultation,
                                                    With the LMP Option, there is no                       following contingency measures for this               transportation control measures, and
                                                  requirement to project emissions of air                  LMP:                                                  project level conformity requirements
                                                  quality over the upcoming maintenance                       1. If ODEQ’s three-year periodic                   would continue to apply to the area.
                                                  period. The EPA believes that if the area                review of CO emissions shows a                        With approval of the LMP, the area
                                                  begins the maintenance period at, or                     significant increase in emissions, as                 continues to be exempt from performing
                                                  below, 85 percent of the level of the CO                 described in Section 8 of this plan,                  a regional emissions analysis, but must
                                                  8-hour NAAQS, the applicability of                       ODEQ will then reestablish ambient CO                 meet project-level conformity analyses
                                                  prevention of significant deterioration                  monitoring in Grants Pass.                            as well as the transportation conformity
                                                  requirements, the control measures                          2. If the highest measured 8-hour CO               criteria mentioned above.
                                                  already in the SIP, and Federal control                  concentration in a given year in Grants
                                                  measures already in place will provide                                                                         VI. Final Action
                                                                                                           Pass exceeds the LMP eligibility level of
                                                  adequate assurance of maintenance over                   7.65 ppm (85 percent of the 8-hr                        In accordance with the requirements
                                                  the 10-year maintenance period.                          standard), ODEQ will evaluate the cause               of the CAA, the EPA is approving the
                                                                                                           of the CO increase. Within six months                 CO LMP for Grants Pass, Oregon
                                                  C. Monitoring Network and Verification                                                                         submitted by the State of Oregon on
                                                  of Continued Attainment                                  of the validated 7.65 ppm CO
                                                                                                                                                                 April 22, 2015 as a revision to the
                                                                                                           concentration, ODEQ will determine a
                                                    Monitored CO levels in the Grants                                                                            Oregon SIP. The State has adequately
                                                                                                           schedule of selected strategies to either
                                                  Pass UGB steadily declined since                                                                               demonstrated that Grants Pass will
                                                  monitoring began in the area in 1980.                    prevent or correct any violation of the
                                                                                                                                                                 maintain the CO NAAQS and meet the
                                                  CO levels have declined significantly                    8-hour CO standard. The contingency
                                                                                                                                                                 requirements of a LMP through the
                                                  across the nation through motor vehicle                  strategies that will be considered
                                                                                                                                                                 second 10-year maintenance period
                                                  emissions controls and fleet turnover to                 include, but are not limited to:
                                                                                                                                                                 through 2025.
                                                  newer, cleaner vehicle models. As CO                     • Improvements to parking and traffic                   The EPA is publishing this action
                                                  levels dropped and stayed low, Oregon                       circulation                                        without prior proposal because the EPA
                                                  requested to remove the Grants Pass CO                   • Aggressive signal retiming program                  views this as a noncontroversial
                                                  monitor in 2006, and the EPA approved                    • Funding for transit                                 amendment and anticipates no adverse
                                                  the request on October 19, 2006. ODEQ                    • Implementation of bicycle and                       comments. However, in the proposed
                                                  now uses an alternate method of                             pedestrian networks.                               rules section of this Federal Register
                                                  verifying continued attainment with the                     ODEQ (and the advisory group if                    publication, the EPA is publishing a
                                                  CO standard.                                             needed) may also conduct further                      separate document that will serve as the
                                                    ODEQ calculates CO emissions every                     evaluation, to determine if other                     proposal to approve the SIP revision
                                                  three years as part of the Statewide                     strategies are necessary.                             should adverse comments be filed. This
                                                  Emissions Inventory and submits the                         3. If a violation of the CO standard               rule will be effective September 28,
                                                  data to the EPA for inclusion in the                     occurs, in addition to step two above,                2015 without further notice unless the
                                                  National Emissions Inventory (NEI).                      ODEQ will replace the Best Available                  EPA receives adverse comments by
                                                  ODEQ commits to review the NEI                           Control Technology (BACT)                             August 27, 2015. If the EPA receives
                                                  estimates to identify any increases over                 requirement for new and modified                      such comments, then the EPA will
                                                  the 2005 emission levels and source                      stationary sources with the Lowest                    publish a timely withdrawal of the
                                                  categories, and report on them in the                    Achievable Emission Rate (LAER)                       direct final rule informing the public
                                                  annual network plan for the applicable                   technology, and reinstate the                         that the rule will not take effect. All
                                                  year. Since on-road motor vehicles are                   requirement to offset any new CO                      public comments received will then be
                                                  the predominant source of carbon                         emissions. Additional CO emission                     addressed in a subsequent final rule
                                                  monoxide in Grants Pass (about 70%),                     reduction measures will be considered,                based on the proposed rule. The EPA
                                                  this source category will be the primary                 as needed.                                            will not institute a second comment
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                                                  focus of this review. ODEQ will                                                                                period on this rule. Any parties
                                                  annually calculate CO emissions and                      V. Transportation and General                         interested in commenting on this rule
                                                  evaluate any increase in CO emissions                    Conformity                                            should do so at this time. If no such
                                                  to confirm it is not due to a change in                    Federal transportation conformity                   comments are received, the public is
                                                  emission calculation methodology, an                     rules (40 CFR parts 51 and 93) and                    advised that this rule will be effective
                                                  exceptional event, or other factor not                   general conformity rules (58 FR 63214,                on September 28, 2015 and no further
                                                  representative of an actual emissions                    November 30, 1993) continue to apply                  action will be taken on the proposed
                                                  increase. Recognizing there could be a                   under a LMP. However, as noted in the                 rule.


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                                                                      Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations                                                                44867

                                                  VII. Oregon Notice Provision                                    • does not have Federalism                                  action must be filed in the United States
                                                                                                               implications as specified in Executive                         Court of Appeals for the appropriate
                                                    Oregon Revised Statute 468.126,
                                                                                                               Order 13132 (64 FR 43255, August 10,                           circuit by September 28, 2015. Filing a
                                                  prohibits ODEQ from imposing a
                                                                                                               1999);                                                         petition for reconsideration by the
                                                  penalty for violation of an air, water or
                                                                                                                  • is not an economically significant                        Administrator of this final rule does not
                                                  solid waste permit, unless the source
                                                                                                               regulatory action based on health or                           affect the finality of this action for the
                                                  has been provided five days advanced
                                                                                                               safety risks subject to Executive Order                        purposes of judicial review, nor does it
                                                  written notice of the violation, and has
                                                                                                               13045 (62 FR 19885, April 23, 1997);                           extend the time within which a petition
                                                  not come into compliance or submitted                           • is not a significant regulatory action                    for judicial review may be filed, and
                                                  a compliance schedule within that five-                      subject to Executive Order 13211 (66 FR                        shall not postpone the effectiveness of
                                                  day period. By its terms, the statute does                   28355, May 22, 2001);                                          such rule or action. Parties with
                                                  not apply to Oregon’s Title V program                           • is not subject to requirements of                         objections to this direct final rule are
                                                  or to any program if application of the                      Section 12(d) of the National                                  encouraged to file a comment in
                                                  notice provision would disqualify the                        Technology Transfer and Advancement                            response to the parallel notice of
                                                  program from Federal delegation.                             Act of 1995 (15 U.S.C. 272 note) because                       proposed rulemaking for this action
                                                  Oregon has previously confirmed that,                        this action does not involve technical                         published in the proposed rules section
                                                  because application of the notice                            standards; and                                                 of the Federal Register, rather than file
                                                  provision would preclude EPA approval                           • does not provide the EPA with the                         an immediate petition for judicial
                                                  of the Oregon SIP, no advance notice is                      discretionary authority to address, as                         review of this direct final rule, so that
                                                  required for violation of SIP                                appropriate, disproportionate human                            the EPA can withdraw this direct final
                                                  requirements.                                                health or environmental effects, using                         rule and address the comment in the
                                                  VIII. Statutory and Executive Order                          practicable and legally permissible                            proposed rulemaking. This action may
                                                  Reviews                                                      methods, under Executive Order 12898                           not be challenged later in proceedings to
                                                                                                               (59 FR 7629, February 16, 1994).                               enforce its requirements. (See section
                                                     Under the CAA, the Administrator is                          The SIP is not approved to apply on
                                                  required to approve a SIP submission                                                                                        307(b)(2).)
                                                                                                               any Indian reservation land or in any
                                                  that complies with the provisions of the                     other area where the EPA or an Indian                          List of Subjects in 40 CFR Part 52
                                                  CAA and applicable Federal regulations.                      tribe has demonstrated that a tribe has
                                                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                                           Environmental protection, Air
                                                                                                               jurisdiction. In those areas of Indian                         pollution control, Carbon monoxide,
                                                  Thus, in reviewing SIP submissions, the                      country, the rule does not have tribal
                                                  EPA’s role is to approve State choices,                                                                                     Incorporation by reference,
                                                                                                               implications and will not impose                               Intergovernmental relations, Reporting
                                                  provided that they meet the criteria of                      substantial direct costs on tribal
                                                  the CAA. Accordingly, this action                                                                                           and recordkeeping requirements.
                                                                                                               governments or preempt tribal law as
                                                  merely approves State law as meeting                         specified by Executive Order 13175 (65                           Dated: July 8, 2015.
                                                  Federal requirements and does not                            FR 67249, November 9, 2000).                                   Dennis J. McLerran,
                                                  impose additional requirements beyond                           The Congressional Review Act, 5                             Regional Administrator, Region 10.
                                                  those imposed by State law. For that                         U.S.C. 801 et seq., as added by the Small
                                                  reason, this action:                                                                                                            40 CFR part 52 is amended as follows:
                                                                                                               Business Regulatory Enforcement
                                                     • Is not a ‘‘significant regulatory                       Fairness Act of 1996, generally provides                       PART 52—APPROVAL AND
                                                  action’’ subject to review by the Office                     that before a rule may take effect, the                        PROMULGATION OF
                                                  of Management and Budget under                               agency promulgating the rule must                              IMPLEMENTATION PLANS
                                                  Executive Orders 12866 (58 FR 51735,                         submit a rule report, which includes a
                                                  October 4, 1993) and 13563 (76 FR 3821,                      copy of the rule, to each House of the                         ■ 1. The authority citation for Part 52
                                                  January 21, 2011);                                           Congress and to the Comptroller General                        continues to read as follows:
                                                     • does not impose an information                          of the United States. The EPA will                                 Authority: 42 U.S.C. 7401 et seq.
                                                  collection burden under the provisions                       submit a report containing this action
                                                  of the Paperwork Reduction Act (44                           and other required information to the                          Subpart MM—Oregon
                                                  U.S.C. 3501 et seq.);                                        U.S. Senate, the U.S. House of
                                                     • is certified as not having a                            Representatives, and the Comptroller                           ■ 2. Section 52.1970, paragraph (e), the
                                                  significant economic impact on a                             General of the United States prior to                          table entitled ‘‘State of Oregon Air
                                                  substantial number of small entities                         publication of the rule in the Federal                         Quality Control Program’’ is amended
                                                  under the Regulatory Flexibility Act (5                      Register. A major rule cannot take effect                      by adding an entry after the existing
                                                  U.S.C. 601 et seq.);                                         until 60 days after it is published in the                     entries under ‘‘Section 4’’ to read as
                                                     • does not contain any unfunded                           Federal Register. This action is not a                         follows:
                                                  mandate or significantly or uniquely                         ‘‘major rule’’ as defined by 5 U.S.C.
                                                  affect small governments, as described                       804(2).                                                        § 52.1970    Identification of plan.
                                                  in the Unfunded Mandates Reform Act                             Under section 307(b)(1) of the CAA,                         *       *    *       *    *
                                                  of 1995 (Pub. L. 104–4);                                     petitions for judicial review of this                              (e) * * *
                                                                                                     STATE OF OREGON AIR QUALITY CONTROL PROGRAM
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                                                                                                                                                                State effective
                                                          SIP citation                                         Title/subject                                                          EPA approval date          Explanation
                                                                                                                                                                     date


                                                           *                            *                           *                          *                        *                      *                      *
                                                  Section 4




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                                                  44868                  Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations

                                                                                               STATE OF OREGON AIR QUALITY CONTROL PROGRAM—Continued
                                                                                                                                                                   State effective
                                                             SIP citation                                         Title/subject                                                         EPA approval date         Explanation
                                                                                                                                                                        date

                                                              *                         *                    *              *                                              *                     *                  *
                                                                                       Grants Pass Second 10-Year Carbon Monoxide Lim-                                  4/16/2015    7/28/2015, [Insert Federal
                                                                                          ited Maintenance Plan.                                                                       Register citation].

                                                              *                            *                           *                          *                        *                     *                  *



                                                  *      *        *       *       *                               Identification No. EPA–R04–OAR–                                maintenance plan for the North Carolina
                                                  [FR Doc. 2015–18220 Filed 7–27–15; 8:45 am]                     2015–0260. All documents in the docket                         portion of the Charlotte Area for EPA’s
                                                  BILLING CODE P                                                  are listed on the www.regulations.gov                          approval. In that submittal, the State
                                                                                                                  Web site. Although listed in the index,                        included a maintenance demonstration
                                                                                                                  some information may not be publicly                           that estimates emissions using a 7.8 psi
                                                  ENVIRONMENTAL PROTECTION                                        available, i.e., Confidential Business                         RVP requirement for Gaston and
                                                  AGENCY                                                          Information or other information whose                         Mecklenburg Counties for the 2008 8-
                                                                                                                  disclosure is restricted by statute.                           hour ozone redesignation request and
                                                  40 CFR Part 52                                                  Certain other material, such as                                maintenance plan. EPA proposed action
                                                  [EPA–R04–OAR–2015–0260; FRL–9931–27–                            copyrighted material, is not placed on                         on the aforementioned redesignation
                                                  Region 4]                                                       the Internet and will be publicly                              request and maintenance plan in a
                                                                                                                  available only in hard copy form.                              Federal Register document published
                                                  Approval and Promulgation of                                    Publicly available docket materials are                        on May 21, 2015. See 80 FR 29250. The
                                                  Implementation Plans; North Carolina:                           available either electronically through                        final rule approving the State’s
                                                  Non-Interference Demonstration for                              www.regulations.gov or in hard copy at                         redesignation request and maintenance
                                                  Federal Low-Reid Vapor Pressure                                 the Air Regulatory Management Section                          plan was signed on July 17, 2015. The
                                                  Requirement for Gaston and                                      (formerly the Regulatory Development                           State, in conjunction with its request to
                                                  Mecklenburg Counties                                            Section), Air Planning and                                     redesignate the North Carolina portion
                                                                                                                  Implementation Branch (formerly the                            of the Charlotte Area to attainment, is
                                                  AGENCY:  Environmental Protection
                                                                                                                  Air Planning Branch), Air, Pesticides                          also requesting a change of the Federal
                                                  Agency.
                                                                                                                  and Toxics Management Division, U.S.                           RVP requirement from 7.8 psi to 9.0 psi.
                                                  ACTION: Final rule.                                             Environmental Protection Agency,                                  On April 16, 2015, to support its
                                                  SUMMARY:   The Environmental Protection                         Region 4, 61 Forsyth Street SW.,                               request for EPA to change the Federal
                                                                                                                  Atlanta, Georgia 30303–8960. EPA                               RVP requirement for Gaston and
                                                  Agency (EPA) is approving the State of
                                                                                                                  requests that if at all possible, you                          Mecklenburg Counties, DAQ submitted
                                                  North Carolina’s April 16, 2015,
                                                                                                                  contact the person listed in the FOR                           a SIP revision that contains a
                                                  revision to its State Implementation
                                                                                                                  FURTHER INFORMATION CONTACT section to                         noninterference demonstration that
                                                  Plan (SIP), submitted through the North
                                                                                                                  schedule your inspection. The Regional                         included modeling assuming 9.0 psi for
                                                  Carolina Department of Environment
                                                                                                                  Office’s official hours of business are                        RVP for Gaston and Mecklenburg
                                                  and Natural Resources, Division of Air
                                                                                                                  Monday through Friday, 8:30 a.m. to                            Counties and that updates the
                                                  Quality (DAQ), in support of the State’s
                                                                                                                  4:30 p.m., excluding Federal holidays.                         maintenance plan submission and
                                                  request that EPA change the Federal
                                                  Reid Vapor Pressure (RVP) requirements                          FOR FURTHER INFORMATION CONTACT:                               associated MVEBs for the North
                                                  for Gaston and Mecklenburg Counties.                            Richard Wong of the Air Regulatory                             Carolina portion of the Charlotte Area.
                                                  This RVP-related SIP revision evaluates                         Management Section, in the Air                                 In a notice of proposed rulemaking
                                                  whether changing the Federal RVP                                Planning and Implementation Branch,                            (NPR) published on May 21, 2015, EPA
                                                  requirements in these counties would                            Air, Pesticides and Toxics Management                          proposed to approve the State’s
                                                  interfere with the requirements of the                          Division, U.S. Environmental Protection                        noninterference demonstration and the
                                                  Clean Air Act (CAA or Act). North                               Agency, Region 4, 61 Forsyth Street                            updates to its maintenance plan and the
                                                  Carolina’s April 16, 2015, RVP-related                          SW., Atlanta, Georgia 30303–8960. Mr.                          associated MVEBs related to the State’s
                                                  SIP revision also updates the State’s                           Wong may be reached by phone at (404)                          redesignation request for the North
                                                  maintenance plan and the associated                             562–8726 or via electronic mail at                             Carolina portion of the Charlotte Area,
                                                  motor vehicle emissions budgets                                 wong.richard@epa.gov.                                          contingent upon EPA approval of North
                                                  (MVEBs) related to its redesignation                            SUPPLEMENTARY INFORMATION:                                     Carolina’s redesignation request and
                                                  request for the North Carolina portion of                                                                                      maintenance plan for the North Carolina
                                                                                                                  I. What is the background for this final
                                                  the Charlotte-Rock Hill 2008 8-hour                                                                                            portion of the Charlotte Area. See 80 FR
                                                                                                                  action?
                                                  ozone nonattainment area (Charlotte                                                                                            29230. The details of North Carolina’s
                                                  Area) to reflect the requested change in                           On May 21, 2012, EPA designated and                         submittal and the rationale for EPA’s
                                                  the Federal RVP requirements. EPA has                           classified areas for the 2008 8-hour                           actions are explained in the NPR. EPA
                                                  determined that North Carolina’s April                          ozone NAAQS that was promulgated on                            did not receive any comments on the
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  16, 2015, RVP-related SIP revision is                           March 27, 2008, as unclassifiable/                             proposed action.
                                                  consistent with the applicable                                  attainment or nonattainment for the new
                                                                                                                  8-hour ozone NAAQS. See 77 FR 30088.                           II. Final Action
                                                  provisions of the CAA.
                                                                                                                  The Charlotte Area was designated as                              EPA is taking final action to approve
                                                  DATES: This rule is effective July 28,
                                                                                                                  nonattainment for the 2008 8-hour                              the State of North Carolina’s
                                                  2015.                                                           ozone NAAQS with a design value of                             noninterference demonstration,
                                                  ADDRESSES:   EPA has established a                              0.079 ppm. On April 16, 2015, DAQ                              submitted on April 16, 2015, in support
                                                  docket for this action under Docket                             submitted a redesignation request and                          of the State’s request that EPA change


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Document Created: 2018-02-23 09:28:11
Document Modified: 2018-02-23 09:28:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on September 28, 2015, without further notice, unless the EPA receives adverse comment by August 27, 2015. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.
ContactLucy Edmondson at (360) 753-9082,
FR Citation80 FR 44864 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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