80_FR_45577 80 FR 45431 - Approval and Promulgation of Implementation Plans; Oregon: Grants Pass Second 10-Year PM10

80 FR 45431 - Approval and Promulgation of Implementation Plans; Oregon: Grants Pass Second 10-Year PM10

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 146 (July 30, 2015)

Page Range45431-45435
FR Document2015-18354

The Environmental Protection Agency (EPA) is approving a limited maintenance plan submitted by the State of Oregon on April 22, 2015, for the Grants Pass area for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM<INF>10</INF>). The plan explains how this area will continue to meet the PM<INF>10</INF> National Ambient Air Quality Standard for a second 10-year period through 2025.

Federal Register, Volume 80 Issue 146 (Thursday, July 30, 2015)
[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Rules and Regulations]
[Pages 45431-45435]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18354]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0323; FRL-9931-16-Region 10]


Approval and Promulgation of Implementation Plans; Oregon: Grants 
Pass Second 10-Year PM10 Limited Maintenance Plan

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
limited maintenance plan submitted by the State of Oregon on April 22, 
2015, for the Grants Pass area for particulate matter with an 
aerodynamic diameter less than or equal to a nominal 10 micrometers 
(PM10). The plan explains how this area will continue to 
meet the PM10 National Ambient Air Quality Standard for a 
second 10-year period through 2025.

DATES: This rule is effective on September 28, 2015, without further 
notice, unless the EPA receives adverse comment by August 31, 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-2015-0323, by any of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     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-
2015-0323. 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 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 www.regulations.gov 
or email. The 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 
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 
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 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 (360) 753-9082, 
[email protected], or by using the above EPA, Region 10 address.

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

Table of Contents

I. This Action
II. Background
III. Public and Stakeholder Involvement in Rulemaking Process
IV. The Limited Maintenance Plan Option for PM10 Areas
    A. Requirements for the Limited Maintenance Plan Option
    B. Conformity Under the Limited Maintenance Plan Option
V. Review of the State's Submittal
    A. Has the State demonstrated that Grants Pass qualifies for the 
limited maintenance plan option?
    B. Does the State have an approved attainment emissions 
inventory?
    C. Does the limited Maintenance plan include an assurance of 
continued operation of an appropriate EPA-approved air quality 
monitoring network, in accordance with 40 CFR part 58?
    D. Does the plan meet the Clean Air Act requirements for 
contingency provisions?
    E. Has the State met conformity requirements?
VI. Oregon Notice Provision
VII. Statutory and Executive Order Reviews

I. This Action

    The EPA is approving the limited maintenance plan submitted by the 
State of Oregon (the State) on April 22, 2015, for the Grants Pass 
Urban Growth

[[Page 45432]]

Boundary. The plan addresses maintenance of the PM10 
National Ambient Air Quality Standard for a second 10-year period 
through 2025.

II. Background

    The EPA identified the Grants Pass, Oregon, Urban Growth Boundary 
as a ``Group I'' area of concern due to measured violations of the 
newly promulgated 24-hour PM10 National Ambient Air Quality 
Standard (NAAQS) on August 7, 1987 (52 FR 29383). On November 15, 1990, 
the Clean Air Act (CAA) Amendments under section 107(d)(4)(B), 
designated Grants Pass Group I area as nonattainment for 
PM10 by operation of law. The EPA published a Federal 
Register document announcing all areas designated nonattainment for 
PM10 on March 15, 1991 (56 FR 11101). The Oregon Department 
of Environmental Quality (ODEQ) worked with the community of Grants 
Pass to develop a plan for attainment of the PM10 NAAQS. 
Control measures focused on reducing smoke emissions with 
PM10 control measures for wood stoves, open forestry 
burning, as well as industrial growth controls and other strategies. 
The EPA proposed approval of the plan on March 10, 1993 (58 FR 13230), 
and approved it on December 17, 1993 (58 FR 65934). On November 5, 
1999, Oregon submitted a complete rule renumbering and relabeling 
package to the EPA for approval into the SIP. On January 22, 2003, the 
EPA approved the recodified version of Oregon's rules to remove and 
replace the outdated numbering system (68 FR 2891). The EPA approved 
ODEQ's maintenance plan to ensure continued compliance with the 
PM10 NAAQS for ten years on October 27, 2003 (68 FR 61111).
    In addition to approving ODEQ's maintenance plan for the area, the 
EPA also approved ODEQ's request to redesignate the Grants Pass 
nonattainment area to attainment on October 27, 2003 (68 FR 61111). The 
purpose of the submitted limited maintenance plan is to fulfill the 
second 10-year planning requirement of CAA section 175A(b) to ensure 
compliance through 2025.

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 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. The Limited Maintenance Plan Option for PM10 Areas

A. Requirements for the Limited Maintenance Plan Option

    On August 9, 2001, the EPA issued guidance on streamlined 
maintenance plan provisions for certain moderate PM10 
nonattainment areas (Memo from Lydia Wegman, Director, Air Quality 
Standards and Strategies Division, entitled ``Limited Maintenance Plan 
Option for Moderate PM10 Nonattainment Areas'' (limited 
maintenance plan option memo). The limited maintenance plan option memo 
contains a statistical demonstration that areas meeting certain air 
quality criteria will, with a high degree of probability, maintain the 
standard ten years into the future. Thus, the EPA provided the 
maintenance demonstration for areas meeting the criteria outlined in 
the memo. It follows that future year emission inventories for these 
areas, and some of the standard analyses to determine transportation 
conformity with the SIP, are no longer necessary.
    To qualify for the limited maintenance plan option, the State must 
demonstrate the area meets the criteria described below. First, the 
area should have attained the PM10 NAAQS. Second, the most 
recent five years of air quality data at all monitors in the area, 
called the 24-hour average design value, should be at or below 98 
[micro]g/m\3\. Third, the State should expect only limited growth in 
on-road motor vehicle PM10 emissions (including fugitive 
dust) and should have passed a motor vehicle regional emissions 
analysis test. Lastly, the memo identifies core provisions that must be 
included in all limited maintenance plans. These provisions include an 
attainment year emissions inventory, assurance of continued operation 
of an EPA-approved air quality monitoring network, and contingency 
provisions.

B. Conformity Under the Limited Maintenance Plan Option

    The transportation conformity rule and the general conformity rule 
(40 CFR parts 51 and 93) apply to nonattainment areas and areas covered 
by an approved maintenance plan. Under either conformity rule, an 
acceptable method of demonstrating a Federal action conforms to the 
applicable SIP is to demonstrate that expected emissions from the 
planned action are consistent with the emissions budget for the area.
    While qualification for the limited maintenance plan option does 
not exempt an area from the need to affirm conformity, conformity may 
be demonstrated without submitting an emissions budget. Under the 
limited maintenance plan option, emissions budgets are treated as 
essentially not constraining for the length of the maintenance period 
because it is unreasonable to expect that the qualifying areas would 
experience so much growth in the period that a violation of the 
PM10 NAAQS would result. For transportation conformity 
purposes, the EPA would conclude that emissions in these areas need not 
be capped for the maintenance period and therefore a regional emissions 
analysis would not be required. Similarly, Federal actions subject to 
the general conformity rule could be considered to satisfy the ``budget 
test'' specified in 40 CFR 93.158(a)(5)(i)(A) for the same reasons that 
the budgets are essentially considered to be unlimited.

V. Review of the State's Submittal

A. Has the State demonstrated that Grants Pass qualifies for the 
limited maintenance plan option?

    As discussed above, the limited maintenance plan option memo 
outlines the requirements for an area to qualify. First, the area 
should be attaining the NAAQS. The EPA determined the Grants Pass area 
attained the PM10 NAAQS based on monitoring data from 1988 
through 1990 and approved the State's maintenance plan and request to 
redesignate the area from nonattainment to attainment on October 27, 
2003 (68 FR 61111). The area has been in continued compliance with the 
PM10 NAAQS since that time.
    Second, the average design value for the past five years of 
monitoring data must be at or below the critical design value of 98 
[mu]g/m\3\ for the 24-hour PM10 NAAQS. The critical design 
value is a margin of safety in which an area has a one in ten 
probability of exceeding the NAAQS. Using the most recently available 
Federal Reference Method (FRM) monitoring data for the years 2004-2008, 
the State's analysis demonstrated that Grants Pass average design value 
was 49 [mu]g/m\3\, well below the 98 [mu]g/m\3\ threshold. An FRM 
monitor is one that has been approved by the EPA under 40 CFR part 58 
to measure compliance with the NAAQS.

[[Page 45433]]

As discussed later in this proposal, ODEQ also calculated average 
design values using a linear regression analysis technique for the 
period 2009 to 2013. This more recent monitoring data shows that 
PM10 levels continue to be well below the standard with an 
average design value of 49 [mu]g/m\3\. The EPA reviewed the data 
provided by ODEQ and finds that Grants Pass meets the design value 
criteria outlined in the limited maintenance plan option memo.
    Third, the area must meet the motor vehicle regional emissions 
analysis test described in attachment B of the limited maintenance plan 
option memo. ODEQ submitted an analysis showing that growth in on-road 
mobile PM10 emissions sources was minimal and would not 
threaten the assumption of maintenance that underlies the limited 
maintenance plan policy. Using the EPA's methodology, ODEQ calculated a 
regional emissions analysis margin of safety of 52 [mu]g/m\3\, easily 
meeting the threshold of 98 [mu]g/m\3\. The EPA reviewed the 
calculations in the State's limited maintenance plan submittal and 
concurs with this conclusion.
    Lastly, the limited maintenance plan option memo requires all 
controls relied on to demonstrate attainment remain in place for the 
area to qualify. The area's first 10-year maintenance plan relied on 
measures addressing residential wood combustion, open burning, road 
dust from motor vehicles and a major new source review program for 
industry. EPA approved the rules into the SIP on October 27, 2003 (68 
FR 61111).
    As described above, Grants Pass meets the qualification criteria 
set forth in the limited maintenance plan option memo. Under the 
limited maintenance plan option, the State will be expected to 
determine on an annual basis that the criteria are still being met. If 
the State determines that the limited maintenance plan criteria are not 
being met, it should take action to reduce PM10 
concentrations enough to requalify. One possible approach the State 
could take is to implement contingency measures. Section V. I. provides 
a description of contingency provisions included as part of the limited 
maintenance plan submittal.

B. Does the State have an approved attainment emissions inventory?

    Pursuant to the limited maintenance plan option memo, the State's 
approved attainment plan should include an emissions inventory which 
can be used to demonstrate attainment of the NAAQS. The inventory 
should represent emissions during the same five-year period associated 
with air quality data used to determine whether the area meets the 
applicability requirements of the limited maintenance plan option.
    ODEQ's Grants Pass limited maintenance plan submittal includes an 
emissions inventory based on EPA's 2011 National Emissions Inventory 
(NEI) data for Josephine County. The 2011 base year represents the most 
recent emissions inventory data available and is consistent with the 
data used to determine applicability of the limited maintenance plan 
option. This approach is also consistent with the 1993 emission 
inventory developed for the first maintenance plan. Historically, 
exceedances of the 24-hr PM10 standard in Grants Pass have 
occurred during the winter months, between November 1 and the end of 
February. As such, in addition to annual emissions, typical season day 
and worst-case season day emissions are included in the inventory. The 
term ``worst-case day'' describes the maximum activity/emissions that 
have occurred or could occur on a season day, for each emissions 
source. Worst-case day emissions are summed for all sources/categories, 
i.e. assumed to occur on the same day. This assumption is the basis for 
what would be needed to cause an exceedance of the 24-hr standard. 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 was 
spatially allocated to the Grants Pass Urban Growth Boundary, and to 
buffers around the boundary or monitor, depending on emissions 
category.
    The submitted emissions inventory included the following 
categories: permitted point sources, area sources (including open 
burning, small stationary fossil fuel combustion, residential wood 
combustion, wildfires and prescribed burning, fugitive dust), nonroad 
(aircraft and airport related, locomotives, marine vessels, nonroad 
vehicles and equipment), and onroad mobile (exhaust/brake/tire, re-
entrained road dust). The EPA has reviewed the emissions inventory data 
and methodology and finds that the data support ODEQ's conclusion that 
the control measures contained in the original attainment plan will 
continue to protect and maintain the PM10 NAAQS.

C. Does the limited maintenance plan include an assurance of continued 
operation of an appropriate EPA-approved air quality monitoring 
network, in accordance with 40 CFR Part 58?

    The state of Oregon began monitoring in the Grants Pass area in 
1987, with many changes to the monitoring technology and requirements 
since. From 2006 through 2008, the State collocated a PM2.5 
monitor with the existing PM10 Federal Reference Method 
(FRM) monitor to establish correlation data and confirm that 
PM10 levels could be accurately predicted using 
PM2.5 concentrations for the areas. Due to the high level of 
correlation between the PM2.5 and PM10 monitors, 
ODEQ developed a report on their findings and asserted that 
PM2.5 monitoring was an accurate predictor of 
PM10 levels for purposes of determining continued 
maintenance of the PM10 standard in Grants Pass, and asked 
to discontinue the PM10 monitor. EPA approved this request 
in the Annual Network Plan Approval letter, dated January 6, 2012. Both 
the ODEQ report and the EPA approval letter are included in the 
materials of this docket.
    A full description of the correlation data and the estimation model 
is included in the State's submittal. The EPA is approving the use of 
PM2.5 monitoring data to estimate PM10 
concentrations for the second 10-year maintenance plan period in Grants 
Pass and finds that it meets the relevant requirements at 40 CFR 
58.14(c). This estimation method is a reproducible approach to 
representing air quality in the area, and the area continues to meet 
the applicable Appendix D requirements evaluated as part of the annual 
network approval process.
    In order to continue to qualify for the limited maintenance plan 
option, the State must calculate the PM10 design value 
estimate annually from PM2.5 monitoring data to confirm the 
area continues to meet the PM10 NAAQS.

D. Does the plan meet the Clean Air Act requirements for contingency 
provisions?

    CAA section 175A states that a maintenance plan must include 
contingency provisions, as necessary, to ensure prompt correction of 
any violation of the NAAQS which may occur after redesignation of the 
area to attainment. The first Grants Pass maintenance plan contained 
contingency measures that would be implemented under two scenarios--if 
the official PM10 monitor registers a value of 120 [mu]g/
m\3\ or higher, or if a

[[Page 45434]]

violation of the 24-hr PM10 standard were to occur. These 
two contingency scenarios are continued under the limited maintenance 
plan.

E. Has the State met conformity requirements?

(1) Transportation Conformity
    Under the limited maintenance plan option, emissions budgets are 
treated as essentially not constraining for the maintenance period 
because it is unreasonable to expect that qualifying areas would 
experience so much growth in that period that a NAAQS violation would 
result. While areas with maintenance plans approved under the limited 
maintenance plan option are not subject to the budget test, the areas 
remain subject to the other transportation conformity requirements of 
40 CFR part 93, subpart A. Thus, the metropolitan planning organization 
(MPO) in the area or the State must document and ensure that:
    (a) Transportation plans and projects provide for timely 
implementation of SIP transportation control measures (TCMs) in 
accordance with 40 CFR 93.113;
    (b) transportation plans and projects comply with the fiscal 
constraint element as set forth in 40 CFR 93.108;
    (c) the MPO's interagency consultation procedures meet the 
applicable requirements of 40 CFR 93.105;
    (d) conformity of transportation plans is determined no less 
frequently than every three years, and conformity of plan amendments 
and transportation projects is demonstrated in accordance with the 
timing requirements specified in 40 CFR 93.104;
    (e) the latest planning assumptions and emissions model are used as 
set forth in 40 CFR 93.110 and 40 CFR 93.111;
    (f) projects do not cause or contribute to any new localized carbon 
monoxide or particulate matter violations, in accordance with 
procedures specified in 40 CFR 93.123; and
    (g) project sponsors and/or operators provide written commitments 
as specified in 40 CFR 93.125.
    In the June 24, 2015 adequacy finding for the Grants Pass 
PM10 limited maintenance plan, EPA determined that Grants 
Pass met the criteria to be exempt from regional emissions analysis for 
PM10. 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.
    Upon approval of the Grants Pass PM10 limited 
maintenance plan, the area is exempt from performing a regional 
emissions analysis, but must meet project-level conformity analyses as 
well as the transportation conformity criteria mentioned above.
 (2) General Conformity
    For Federal actions required to address the specific requirements 
of the general conformity rule, one set of requirements applies 
particularly to ensuring that emissions from the action will not cause 
or contribute to new violations of the NAAQS, exacerbate current 
violations, or delay timely attainment. One way that this requirement 
can be met is to demonstrate that the total of direct and indirect 
emissions from the action (or portion thereof) is determined and 
documented by the state agency primarily responsible for the applicable 
SIP to result in a level of emissions which, together with all other 
emissions in the nonattainment area, would not exceed the emissions 
budgets specified in the applicable SIP (see 40 CFR 
93.158(a)(5)(i)(A)).
    The decision about whether to include specific allocations of 
allowable emissions increases to sources is one made by the State air 
quality agencies. These emissions budgets are different than those used 
in transportation conformity. Emissions budgets in transportation 
conformity are required to limit and restrain emissions. Emissions 
budgets in general conformity allow increases in emissions up to 
specified levels. The State has not chosen to include specific 
emissions allocations for Federal projects that would be subject to the 
provisions of general conformity.

VI. 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.

VII. 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

[[Page 45435]]

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, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

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

    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. In Sec.  52.1970, paragraph (e), the table entitled ``State of 
Oregon Air Quality Control Program'' is amended by adding a new entry 
for ``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   EPA approval date          Explanations
                                                        date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 4......................  Grants Pass          4/16/2015  7/30/2015........
                                  Second 10-Year                 [Insert Federal
                                  PM10 Limited                    Register
                                  Maintenance Plan.               citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-18354 Filed 7-29-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations                                                                    45431

                                                                                           TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
                                            Name of SIP provi-        Applicable geographic or               State submittal                EPA approval date                                       Comments
                                                  sion                  nonattainment area                        date


                                                     *                           *                       *                      *                   *                                        *                    *
                                                                                                       110(a)(2) Infrastructure and Interstate Transport

                                                      *                     *                             *                       *                             *                            *                    *
                                           Interstate Transport     Statewide ...........................           5/11/15    7/30/15 ..............................................   This   action      addresses     CAA
                                              for the 2006 24-                                                                 [Insert Federal Register citation] .....                   110(a)(2)(D)(i)(I).
                                              hour PM2.5
                                              NAAQS.



                                           [FR Doc. 2015–18611 Filed 7–29–15; 8:45 am]                  Seattle, WA 98101. Attention: Lucy                               Certain other material, such as
                                           BILLING CODE 6560–50–P                                       Edmondson, Office of Air, Waste and                              copyrighted material, is not placed on
                                                                                                        Toxics, AWT–150. Such deliveries are                             the Internet and will be publicly
                                                                                                        only accepted during normal hours of                             available only in hard copy. Publicly
                                           ENVIRONMENTAL PROTECTION                                     operation, and special arrangements                              available docket materials are available
                                           AGENCY                                                       should be made for deliveries of boxed                           either electronically in
                                                                                                        information.                                                     www.regulations.gov or in hard copy
                                           40 CFR Part 52                                                  Instructions: Direct your comments to                         during normal business hours at the
                                           [EPA–R10–OAR–2015–0323; FRL–9931–16–                         Docket ID No. EPA–R10–OAR–2015–                                  Office of Air, Waste and Toxics, EPA
                                           Region 10]                                                   0323. The EPA’s policy is that all                               Region 10, 1200 Sixth Avenue, Seattle,
                                                                                                        comments received will be included in                            WA 98101.
                                           Approval and Promulgation of                                 the public docket without change and                             FOR FURTHER INFORMATION CONTACT:
                                           Implementation Plans; Oregon: Grants                         may be made available online at                                  Lucy Edmondson (360) 753–9082,
                                           Pass Second 10-Year PM10 Limited                             www.regulations.gov, including any                               edmondson.lucy@epa.gov, or by using
                                           Maintenance Plan                                             personal information provided, unless                            the above EPA, Region 10 address.
                                           AGENCY: Environmental Protection                             the comment includes information                                 SUPPLEMENTARY INFORMATION:
                                           Agency.                                                      claimed to be Confidential Business                              Throughout this document, wherever
                                           ACTION: Direct final rule.
                                                                                                        Information (CBI) or other information                           ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is
                                                                                                        whose disclosure is restricted by statute.                       intended to refer to the EPA.
                                           SUMMARY:   The Environmental Protection                      Do not submit information that you
                                           Agency (EPA) is approving a limited                          consider to be CBI or otherwise                                  Table of Contents
                                           maintenance plan submitted by the                            protected through www.regulations.gov                            I. This Action
                                           State of Oregon on April 22, 2015, for                       or email. The www.regulations.gov Web                            II. Background
                                           the Grants Pass area for particulate                         site is an ‘‘anonymous access’’ system,                          III. Public and Stakeholder Involvement in
                                           matter with an aerodynamic diameter                          which means the EPA will not know                                      Rulemaking Process
                                                                                                        your identity or contact information                             IV. The Limited Maintenance Plan Option for
                                           less than or equal to a nominal 10
                                                                                                                                                                               PM10 Areas
                                           micrometers (PM10). The plan explains                        unless you provide it in the body of
                                                                                                                                                                            A. Requirements for the Limited
                                           how this area will continue to meet the                      your comment. If you send an email                                     Maintenance Plan Option
                                           PM10 National Ambient Air Quality                            comment directly to the EPA without                                 B. Conformity Under the Limited
                                           Standard for a second 10-year period                         going through www.regulations.gov,                                     Maintenance Plan Option
                                           through 2025.                                                your email address will be                                       V. Review of the State’s Submittal
                                           DATES: This rule is effective on                             automatically captured and included as                              A. Has the State demonstrated that Grants
                                           September 28, 2015, without further                          part of the comment that is placed in the                              Pass qualifies for the limited
                                                                                                        public docket and made available on the                                maintenance plan option?
                                           notice, unless the EPA receives adverse                                                                                          B. Does the State have an approved
                                           comment by August 31, 2015. If the EPA                       Internet. If you submit an electronic
                                                                                                                                                                               attainment emissions inventory?
                                           receives adverse comment, we will                            comment, the EPA recommends that
                                                                                                                                                                            C. Does the limited Maintenance plan
                                           publish a timely withdrawal in the                           you include your name and other                                        include an assurance of continued
                                           Federal Register informing the public                        contact information in the body of your                                operation of an appropriate EPA-
                                           that the rule will not take effect.                          comment and with any disk or CD–ROM                                    approved air quality monitoring
                                           ADDRESSES: Submit your comments,                             you submit. If the EPA cannot read your                                network, in accordance with 40 CFR part
                                           identified by Docket ID No. EPA–R10–                         comment due to technical difficulties                                  58?
                                                                                                        and cannot contact you for clarification,                           D. Does the plan meet the Clean Air Act
                                           OAR–2015–0323, by any of the                                                                                                        requirements for contingency
                                           following methods:                                           the EPA may not be able to consider
                                                                                                        your comment. Electronic files should                                  provisions?
                                             • www.regulations.gov: Follow the                                                                                              E. Has the State met conformity
                                           on-line instructions for submitting                          avoid the use of special characters, any
                                                                                                                                                                               requirements?
                                           comments.                                                    form of encryption, and be free of any                           VI. Oregon Notice Provision
                                             • Email: edmondson.lucy@epa.gov.                           defects or viruses.                                              VII. Statutory and Executive Order Reviews
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                                             • Mail: Lucy Edmondson, EPA                                   Docket: All documents in the docket
                                           Region 10, Office of Air, Waste and                          are listed in the www.regulations.gov                            I. This Action
                                           Toxics, AWT–150, 1200 Sixth Avenue,                          index. Although listed in the index,                                The EPA is approving the limited
                                           Suite 900, Seattle, WA 98101.                                some information is not publicly                                 maintenance plan submitted by the
                                             • Hand Delivery/Courier: EPA Region                        available, e.g., CBI or other information                        State of Oregon (the State) on April 22,
                                           10, 1200 Sixth Avenue, Suite 900,                            whose disclosure is restricted by statute.                       2015, for the Grants Pass Urban Growth


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                                           45432              Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations

                                           Boundary. The plan addresses                             also held a public hearing on January                 conformity rule, an acceptable method
                                           maintenance of the PM10 National                         22, 2015 in Grants Pass. This SIP                     of demonstrating a Federal action
                                           Ambient Air Quality Standard for a                       revision was submitted by the                         conforms to the applicable SIP is to
                                           second 10-year period through 2025.                      Governor’s designee and was received                  demonstrate that expected emissions
                                                                                                    by the EPA on April 22, 2015. The EPA                 from the planned action are consistent
                                           II. Background
                                                                                                    evaluated ODEQ’s submittal and                        with the emissions budget for the area.
                                              The EPA identified the Grants Pass,                   determined that the State met the                        While qualification for the limited
                                           Oregon, Urban Growth Boundary as a                       requirements for reasonable notice and                maintenance plan option does not
                                           ‘‘Group I’’ area of concern due to                       public hearing under section 110(a)(2)                exempt an area from the need to affirm
                                           measured violations of the newly                         of the CAA.                                           conformity, conformity may be
                                           promulgated 24-hour PM10 National                                                                              demonstrated without submitting an
                                           Ambient Air Quality Standard (NAAQS)                     IV. The Limited Maintenance Plan                      emissions budget. Under the limited
                                           on August 7, 1987 (52 FR 29383). On                      Option for PM10 Areas                                 maintenance plan option, emissions
                                           November 15, 1990, the Clean Air Act                     A. Requirements for the Limited                       budgets are treated as essentially not
                                           (CAA) Amendments under section                           Maintenance Plan Option                               constraining for the length of the
                                           107(d)(4)(B), designated Grants Pass                                                                           maintenance period because it is
                                           Group I area as nonattainment for PM10                     On August 9, 2001, the EPA issued
                                                                                                    guidance on streamlined maintenance                   unreasonable to expect that the
                                           by operation of law. The EPA published                                                                         qualifying areas would experience so
                                           a Federal Register document                              plan provisions for certain moderate
                                                                                                    PM10 nonattainment areas (Memo from                   much growth in the period that a
                                           announcing all areas designated                                                                                violation of the PM10 NAAQS would
                                           nonattainment for PM10 on March 15,                      Lydia Wegman, Director, Air Quality
                                                                                                    Standards and Strategies Division,                    result. For transportation conformity
                                           1991 (56 FR 11101). The Oregon                                                                                 purposes, the EPA would conclude that
                                           Department of Environmental Quality                      entitled ‘‘Limited Maintenance Plan
                                                                                                    Option for Moderate PM10                              emissions in these areas need not be
                                           (ODEQ) worked with the community of                                                                            capped for the maintenance period and
                                           Grants Pass to develop a plan for                        Nonattainment Areas’’ (limited
                                                                                                    maintenance plan option memo). The                    therefore a regional emissions analysis
                                           attainment of the PM10 NAAQS. Control                                                                          would not be required. Similarly,
                                           measures focused on reducing smoke                       limited maintenance plan option memo
                                                                                                    contains a statistical demonstration that             Federal actions subject to the general
                                           emissions with PM10 control measures                                                                           conformity rule could be considered to
                                           for wood stoves, open forestry burning,                  areas meeting certain air quality criteria
                                                                                                    will, with a high degree of probability,              satisfy the ‘‘budget test’’ specified in 40
                                           as well as industrial growth controls                                                                          CFR 93.158(a)(5)(i)(A) for the same
                                           and other strategies. The EPA proposed                   maintain the standard ten years into the
                                                                                                    future. Thus, the EPA provided the                    reasons that the budgets are essentially
                                           approval of the plan on March 10, 1993                                                                         considered to be unlimited.
                                           (58 FR 13230), and approved it on                        maintenance demonstration for areas
                                           December 17, 1993 (58 FR 65934). On                      meeting the criteria outlined in the                  V. Review of the State’s Submittal
                                           November 5, 1999, Oregon submitted a                     memo. It follows that future year
                                                                                                    emission inventories for these areas, and             A. Has the State demonstrated that
                                           complete rule renumbering and                                                                                  Grants Pass qualifies for the limited
                                           relabeling package to the EPA for                        some of the standard analyses to
                                                                                                    determine transportation conformity                   maintenance plan option?
                                           approval into the SIP. On January 22,
                                           2003, the EPA approved the recodified                    with the SIP, are no longer necessary.                  As discussed above, the limited
                                           version of Oregon’s rules to remove and                    To qualify for the limited                          maintenance plan option memo outlines
                                           replace the outdated numbering system                    maintenance plan option, the State must               the requirements for an area to qualify.
                                           (68 FR 2891). The EPA approved                           demonstrate the area meets the criteria               First, the area should be attaining the
                                           ODEQ’s maintenance plan to ensure                        described below. First, the area should               NAAQS. The EPA determined the
                                           continued compliance with the PM10                       have attained the PM10 NAAQS.                         Grants Pass area attained the PM10
                                           NAAQS for ten years on October 27,                       Second, the most recent five years of air             NAAQS based on monitoring data from
                                           2003 (68 FR 61111).                                      quality data at all monitors in the area,             1988 through 1990 and approved the
                                              In addition to approving ODEQ’s                       called the 24-hour average design value,              State’s maintenance plan and request to
                                           maintenance plan for the area, the EPA                   should be at or below 98 mg/m3. Third,                redesignate the area from nonattainment
                                           also approved ODEQ’s request to                          the State should expect only limited                  to attainment on October 27, 2003 (68
                                           redesignate the Grants Pass                              growth in on-road motor vehicle PM10                  FR 61111). The area has been in
                                           nonattainment area to attainment on                      emissions (including fugitive dust) and               continued compliance with the PM10
                                           October 27, 2003 (68 FR 61111). The                      should have passed a motor vehicle                    NAAQS since that time.
                                           purpose of the submitted limited                         regional emissions analysis test. Lastly,               Second, the average design value for
                                           maintenance plan is to fulfill the second                the memo identifies core provisions that              the past five years of monitoring data
                                           10-year planning requirement of CAA                      must be included in all limited                       must be at or below the critical design
                                           section 175A(b) to ensure compliance                     maintenance plans. These provisions                   value of 98 mg/m3 for the 24-hour PM10
                                           through 2025.                                            include an attainment year emissions                  NAAQS. The critical design value is a
                                                                                                    inventory, assurance of continued                     margin of safety in which an area has a
                                           III. Public and Stakeholder                                                                                    one in ten probability of exceeding the
                                                                                                    operation of an EPA-approved air
                                           Involvement in Rulemaking Process                                                                              NAAQS. Using the most recently
                                                                                                    quality monitoring network, and
                                              Section 110(a)(2) of the CAA requires                 contingency provisions.                               available Federal Reference Method
                                           that each SIP revision offer a reasonable                                                                      (FRM) monitoring data for the years
                                           opportunity for notice and public                        B. Conformity Under the Limited                       2004–2008, the State’s analysis
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                                           hearing. This must occur prior to the                    Maintenance Plan Option                               demonstrated that Grants Pass average
                                           revision being submitted by the State to                   The transportation conformity rule                  design value was 49 mg/m3, well below
                                           the EPA. The State provided notice and                   and the general conformity rule (40 CFR               the 98 mg/m3 threshold. An FRM
                                           an opportunity for public comment from                   parts 51 and 93) apply to nonattainment               monitor is one that has been approved
                                           December 16, 2014 until January 26,                      areas and areas covered by an approved                by the EPA under 40 CFR part 58 to
                                           2015 with no comments received. ODEQ                     maintenance plan. Under either                        measure compliance with the NAAQS.


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                                                              Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations                                        45433

                                           As discussed later in this proposal,                     the area meets the applicability                      C. Does the limited maintenance plan
                                           ODEQ also calculated average design                      requirements of the limited                           include an assurance of continued
                                           values using a linear regression analysis                maintenance plan option.                              operation of an appropriate EPA-
                                           technique for the period 2009 to 2013.                      ODEQ’s Grants Pass limited                         approved air quality monitoring
                                           This more recent monitoring data shows                                                                         network, in accordance with 40 CFR
                                                                                                    maintenance plan submittal includes an
                                           that PM10 levels continue to be well                                                                           Part 58?
                                                                                                    emissions inventory based on EPA’s
                                           below the standard with an average                                                                               The state of Oregon began monitoring
                                           design value of 49 mg/m3. The EPA                        2011 National Emissions Inventory
                                                                                                    (NEI) data for Josephine County. The                  in the Grants Pass area in 1987, with
                                           reviewed the data provided by ODEQ                                                                             many changes to the monitoring
                                           and finds that Grants Pass meets the                     2011 base year represents the most
                                                                                                    recent emissions inventory data                       technology and requirements since.
                                           design value criteria outlined in the
                                                                                                    available and is consistent with the data             From 2006 through 2008, the State
                                           limited maintenance plan option memo.
                                              Third, the area must meet the motor                   used to determine applicability of the                collocated a PM2.5 monitor with the
                                           vehicle regional emissions analysis test                 limited maintenance plan option. This                 existing PM10 Federal Reference Method
                                           described in attachment B of the limited                 approach is also consistent with the                  (FRM) monitor to establish correlation
                                           maintenance plan option memo. ODEQ                                                                             data and confirm that PM10 levels could
                                                                                                    1993 emission inventory developed for
                                           submitted an analysis showing that                                                                             be accurately predicted using PM2.5
                                                                                                    the first maintenance plan. Historically,
                                           growth in on-road mobile PM10                                                                                  concentrations for the areas. Due to the
                                                                                                    exceedances of the 24-hr PM10 standard                high level of correlation between the
                                           emissions sources was minimal and                        in Grants Pass have occurred during the
                                           would not threaten the assumption of                                                                           PM2.5 and PM10 monitors, ODEQ
                                                                                                    winter months, between November 1                     developed a report on their findings and
                                           maintenance that underlies the limited                   and the end of February. As such, in
                                           maintenance plan policy. Using the                                                                             asserted that PM2.5 monitoring was an
                                                                                                    addition to annual emissions, typical                 accurate predictor of PM10 levels for
                                           EPA’s methodology, ODEQ calculated a                     season day and worst-case season day
                                           regional emissions analysis margin of                                                                          purposes of determining continued
                                                                                                    emissions are included in the inventory.              maintenance of the PM10 standard in
                                           safety of 52 mg/m3, easily meeting the
                                                                                                    The term ‘‘worst-case day’’ describes the             Grants Pass, and asked to discontinue
                                           threshold of 98 mg/m3. The EPA
                                           reviewed the calculations in the State’s                 maximum activity/emissions that have                  the PM10 monitor. EPA approved this
                                           limited maintenance plan submittal and                   occurred or could occur on a season                   request in the Annual Network Plan
                                           concurs with this conclusion.                            day, for each emissions source. Worst-                Approval letter, dated January 6, 2012.
                                              Lastly, the limited maintenance plan                  case day emissions are summed for all                 Both the ODEQ report and the EPA
                                           option memo requires all controls relied                 sources/categories, i.e. assumed to occur             approval letter are included in the
                                           on to demonstrate attainment remain in                   on the same day. This assumption is the               materials of this docket.
                                           place for the area to qualify. The area’s                basis for what would be needed to cause                 A full description of the correlation
                                           first 10-year maintenance plan relied on                 an exceedance of the 24-hr standard.                  data and the estimation model is
                                           measures addressing residential wood                     The unit of measure for annual                        included in the State’s submittal. The
                                           combustion, open burning, road dust                      emissions is in tons per year (tpy), while            EPA is approving the use of PM2.5
                                           from motor vehicles and a major new                      the unit of measure for season day                    monitoring data to estimate PM10
                                           source review program for industry.                      emissions is in pounds per day (lb/day).              concentrations for the second 10-year
                                           EPA approved the rules into the SIP on                   In addition, the county-wide emissions                maintenance plan period in Grants Pass
                                           October 27, 2003 (68 FR 61111).                          inventory data was spatially allocated to             and finds that it meets the relevant
                                              As described above, Grants Pass meets                                                                       requirements at 40 CFR 58.14(c). This
                                                                                                    the Grants Pass Urban Growth
                                           the qualification criteria set forth in the                                                                    estimation method is a reproducible
                                                                                                    Boundary, and to buffers around the
                                           limited maintenance plan option memo.                                                                          approach to representing air quality in
                                                                                                    boundary or monitor, depending on                     the area, and the area continues to meet
                                           Under the limited maintenance plan
                                                                                                    emissions category.                                   the applicable Appendix D
                                           option, the State will be expected to
                                           determine on an annual basis that the                       The submitted emissions inventory                  requirements evaluated as part of the
                                           criteria are still being met. If the State               included the following categories:                    annual network approval process.
                                           determines that the limited maintenance                  permitted point sources, area sources                   In order to continue to qualify for the
                                           plan criteria are not being met, it should               (including open burning, small                        limited maintenance plan option, the
                                           take action to reduce PM10                               stationary fossil fuel combustion,                    State must calculate the PM10 design
                                           concentrations enough to requalify. One                  residential wood combustion, wildfires                value estimate annually from PM2.5
                                           possible approach the State could take                   and prescribed burning, fugitive dust),               monitoring data to confirm the area
                                           is to implement contingency measures.                    nonroad (aircraft and airport related,                continues to meet the PM10 NAAQS.
                                           Section V. I. provides a description of                  locomotives, marine vessels, nonroad                  D. Does the plan meet the Clean Air Act
                                           contingency provisions included as part                  vehicles and equipment), and onroad                   requirements for contingency
                                           of the limited maintenance plan                          mobile (exhaust/brake/tire, re-entrained              provisions?
                                           submittal.                                               road dust). The EPA has reviewed the
                                                                                                                                                             CAA section 175A states that a
                                           B. Does the State have an approved                       emissions inventory data and
                                                                                                                                                          maintenance plan must include
                                           attainment emissions inventory?                          methodology and finds that the data                   contingency provisions, as necessary, to
                                              Pursuant to the limited maintenance                   support ODEQ’s conclusion that the                    ensure prompt correction of any
                                           plan option memo, the State’s approved                   control measures contained in the                     violation of the NAAQS which may
                                           attainment plan should include an                        original attainment plan will continue                occur after redesignation of the area to
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                                           emissions inventory which can be used                    to protect and maintain the PM10                      attainment. The first Grants Pass
                                           to demonstrate attainment of the                         NAAQS.                                                maintenance plan contained
                                           NAAQS. The inventory should                                                                                    contingency measures that would be
                                           represent emissions during the same                                                                            implemented under two scenarios—if
                                           five-year period associated with air                                                                           the official PM10 monitor registers a
                                           quality data used to determine whether                                                                         value of 120 mg/m3 or higher, or if a


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                                           45434              Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations

                                           violation of the 24-hr PM10 standard                     performing a regional emissions                       of the Oregon SIP, no advance notice is
                                           were to occur. These two contingency                     analysis but must meet project-level                  required for violation of SIP
                                           scenarios are continued under the                        conformity analyses as well as the                    requirements.
                                           limited maintenance plan.                                transportation conformity criteria
                                                                                                                                                          VII. Statutory and Executive Order
                                                                                                    mentioned above.
                                           E. Has the State met conformity                             Upon approval of the Grants Pass                   Reviews
                                           requirements?                                            PM10 limited maintenance plan, the area                  Under the CAA, the Administrator is
                                           (1) Transportation Conformity                            is exempt from performing a regional                  required to approve a SIP submission
                                                                                                    emissions analysis, but must meet                     that complies with the provisions of the
                                              Under the limited maintenance plan                                                                          CAA and applicable Federal regulations.
                                                                                                    project-level conformity analyses as
                                           option, emissions budgets are treated as                                                                       42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                    well as the transportation conformity
                                           essentially not constraining for the                                                                           Thus, in reviewing SIP submissions, the
                                                                                                    criteria mentioned above.
                                           maintenance period because it is                                                                               EPA’s role is to approve State choices,
                                           unreasonable to expect that qualifying                   (2) General Conformity
                                                                                                                                                          provided that they meet the criteria of
                                           areas would experience so much growth                       For Federal actions required to                    the CAA. Accordingly, this action
                                           in that period that a NAAQS violation                    address the specific requirements of the              merely approves State law as meeting
                                           would result. While areas with                           general conformity rule, one set of                   Federal requirements and does not
                                           maintenance plans approved under the                     requirements applies particularly to                  impose additional requirements beyond
                                           limited maintenance plan option are not                  ensuring that emissions from the action               those imposed by State law. For that
                                           subject to the budget test, the areas                    will not cause or contribute to new                   reason, this action:
                                           remain subject to the other                              violations of the NAAQS, exacerbate                      • Is not a ‘‘significant regulatory
                                           transportation conformity requirements                   current violations, or delay timely                   action’’ subject to review by the Office
                                           of 40 CFR part 93, subpart A. Thus, the                  attainment. One way that this                         of Management and Budget under
                                           metropolitan planning organization                       requirement can be met is to                          Executive Orders 12866 (58 FR 51735,
                                           (MPO) in the area or the State must                      demonstrate that the total of direct and              October 4, 1993) and 13563 (76 FR 3821,
                                           document and ensure that:                                indirect emissions from the action (or                January 21, 2011);
                                              (a) Transportation plans and projects                 portion thereof) is determined and                       • does not impose an information
                                           provide for timely implementation of                     documented by the state agency                        collection burden under the provisions
                                           SIP transportation control measures                      primarily responsible for the applicable              of the Paperwork Reduction Act (44
                                           (TCMs) in accordance with 40 CFR                         SIP to result in a level of emissions                 U.S.C. 3501 et seq.);
                                           93.113;                                                  which, together with all other emissions                 • is certified as not having a
                                              (b) transportation plans and projects                 in the nonattainment area, would not                  significant economic impact on a
                                           comply with the fiscal constraint                        exceed the emissions budgets specified                substantial number of small entities
                                           element as set forth in 40 CFR 93.108;                   in the applicable SIP (see 40 CFR                     under the Regulatory Flexibility Act (5
                                              (c) the MPO’s interagency                             93.158(a)(5)(i)(A)).                                  U.S.C. 601 et seq.);
                                           consultation procedures meet the                            The decision about whether to                         • does not contain any unfunded
                                           applicable requirements of 40 CFR                        include specific allocations of allowable             mandate or significantly or uniquely
                                           93.105;                                                  emissions increases to sources is one                 affect small governments, as described
                                              (d) conformity of transportation plans                made by the State air quality agencies.               in the Unfunded Mandates Reform Act
                                           is determined no less frequently than                    These emissions budgets are different                 of 1995 (Pub. L. 104–4);
                                           every three years, and conformity of                     than those used in transportation                        • does not have Federalism
                                           plan amendments and transportation                       conformity. Emissions budgets in                      implications as specified in Executive
                                           projects is demonstrated in accordance                   transportation conformity are required                Order 13132 (64 FR 43255, August 10,
                                           with the timing requirements specified                   to limit and restrain emissions.                      1999);
                                           in 40 CFR 93.104;                                        Emissions budgets in general conformity                  • is not an economically significant
                                              (e) the latest planning assumptions                   allow increases in emissions up to                    regulatory action based on health or
                                           and emissions model are used as set                      specified levels. The State has not                   safety risks subject to Executive Order
                                           forth in 40 CFR 93.110 and 40 CFR                        chosen to include specific emissions                  13045 (62 FR 19885, April 23, 1997);
                                           93.111;                                                  allocations for Federal projects that                    • is not a significant regulatory action
                                              (f) projects do not cause or contribute               would be subject to the provisions of                 subject to Executive Order 13211 (66 FR
                                           to any new localized carbon monoxide                     general conformity.                                   28355, May 22, 2001);
                                           or particulate matter violations, in                                                                              • is not subject to requirements of
                                           accordance with procedures specified in                  VI. Oregon Notice Provision                           Section 12(d) of the National
                                           40 CFR 93.123; and                                         Oregon Revised Statute 468.126,                     Technology Transfer and Advancement
                                              (g) project sponsors and/or operators                 prohibits ODEQ from imposing a                        Act of 1995 (15 U.S.C. 272 note) because
                                           provide written commitments as                           penalty for violation of an air, water or             this action does not involve technical
                                           specified in 40 CFR 93.125.                              solid waste permit, unless the source                 standards; and
                                              In the June 24, 2015 adequacy finding                 has been provided five days advanced                     • does not provide the EPA with the
                                           for the Grants Pass PM10 limited                         written notice of the violation, and has              discretionary authority to address, as
                                           maintenance plan, EPA determined that                    not come into compliance or submitted                 appropriate, disproportionate human
                                           Grants Pass met the criteria to be                       a compliance schedule within that five-               health or environmental effects, using
                                           exempt from regional emissions analysis                  day period. By its terms, the statute does            practicable and legally permissible
                                           for PM10. However, other transportation                  not apply to Oregon’s Title V program,                methods, under Executive Order 12898
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                                           conformity requirements such as                          or to any program if application of the               (59 FR 7629, February 16, 1994).
                                           consultation, transportation control                     notice provision would disqualify the                 The SIP is not approved to apply on any
                                           measures, and project level conformity                   program from Federal delegation.                      Indian reservation land or in any other
                                           requirements would continue to apply                     Oregon has previously confirmed that,                 area where the EPA or an Indian tribe
                                           to the area. With approval of the LMP,                   because application of the notice                     has demonstrated that a tribe has
                                           the area continues to be exempt from                     provision would preclude EPA approval                 jurisdiction. In those areas of Indian


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                                                                   Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations                                                                        45435

                                           country, the rule does not have tribal                            action must be filed in the United States                          reference, Particulate matter, Reporting
                                           implications and will not impose                                  Court of Appeals for the appropriate                               and recordkeeping requirements.
                                           substantial direct costs on tribal                                circuit by September 28, 2015. Filing a                                Authority: 42 U.S.C. 7401 et seq.
                                           governments or preempt tribal law as                              petition for reconsideration by the
                                           specified by Executive Order 13175 (65                            Administrator of this final rule does not                            Dated: July 8, 2015.
                                           FR 67249, November 9, 2000).                                      affect the finality of this action for the                         Dennis J. McLerran,
                                             The Congressional Review Act, 5                                 purposes of judicial review, nor does it                           Regional Administrator, Region 10.
                                           U.S.C. 801 et seq., as added by the Small                         extend the time within which a petition
                                           Business Regulatory Enforcement                                   for judicial review may be filed, and                                  40 CFR part 52 is amended as follows:
                                           Fairness Act of 1996, generally provides                          shall not postpone the effectiveness of                            PART 52—APPROVAL AND
                                           that before a rule may take effect, the                           such rule or action. Parties with                                  PROMULGATION OF
                                           agency promulgating the rule must                                 objections to this direct final rule are                           IMPLEMENTATION PLANS
                                           submit a rule report, which includes a                            encouraged to file a comment in
                                           copy of the rule, to each House of the                            response to the parallel notice of
                                           Congress and to the Comptroller General                                                                                              ■ 1. The authority citation for part 52
                                                                                                             proposed rulemaking for this action
                                           of the United States. The EPA will                                                                                                   continues to read as follows:
                                                                                                             published in the proposed rules section
                                           submit a report containing this action                            of the Federal Register, rather than file                              Authority: 42 U.S.C. 7401 et seq.
                                           and other required information to the                             an immediate petition for judicial
                                           U.S. Senate, the U.S. House of                                    review of this direct final rule, so that                          Subpart MM—Oregon
                                           Representatives, and the Comptroller                              the EPA can withdraw this direct final
                                           General of the United States prior to                             rule and address the comment in the                                ■ 2. In § 52.1970, paragraph (e), the
                                           publication of the rule in the Federal                            proposed rulemaking. This action may                               table entitled ‘‘State of Oregon Air
                                           Register. A major rule cannot take effect                         not be challenged later in proceedings to                          Quality Control Program’’ is amended
                                           until 60 days after it is published in the                        enforce its requirements. (See section                             by adding a new entry for ‘‘Section 4’’
                                           Federal Register. This action is not a                            307(b)(2).)                                                        to read as follows:
                                           ‘‘major rule’’ as defined by 5 U.S.C.                                                                                                § 52.1970       Identification of plan.
                                           804(2).                                                           List of Subjects in 40 CFR Part 52
                                             Under section 307(b)(1) of the CAA,                               Environmental protection, Air                                    *       *    *            *       *
                                           petitions for judicial review of this                             pollution control, Incorporation by                                    (e) * * *

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


                                                    *                                *                    *                                  *                         *                            *                       *
                                           Section 4 ......................................   Grants Pass Second 10-Year                          4/16/2015     7/30/2015 .....................................
                                                                                                PM10 Limited Maintenance                                        [Insert Federal Register citation].
                                                                                                Plan.

                                                        *                             *                           *                          *                          *                            *                      *



                                           *       *         *        *        *                             DATES:  This regulation is effective July                          Docket is (703) 305–5805. Please review
                                           [FR Doc. 2015–18354 Filed 7–29–15; 8:45 am]                       30, 2015. Objections and requests for                              the visitor instructions and additional
                                           BILLING CODE 6560–50–P                                            hearings must be received on or before                             information about the docket available
                                                                                                             September 28, 2015, and must be filed                              at http://www.epa.gov/dockets.
                                                                                                             in accordance with the instructions                                FOR FURTHER INFORMATION CONTACT:
                                           ENVIRONMENTAL PROTECTION                                          provided in 40 CFR part 178 (see also                              Susan Lewis, Registration Division
                                           AGENCY                                                            Unit I.C. of the SUPPLEMENTARY                                     (7505P), Office of Pesticide Programs,
                                                                                                             INFORMATION).                                                      Environmental Protection Agency, 1200
                                           40 CFR Part 180
                                                                                                                                                                                Pennsylvania Ave. NW., Washington,
                                                                                                             ADDRESSES:   The docket for this action,                           DC 20460–0001; main telephone
                                           [EPA–HQ–OPP–2014–0889; FRL–9929–74]                               identified by docket identification (ID)                           number: (703) 305–7090; email address:
                                                                                                             number EPA–HQ–OPP–2014–0889, is                                    RDFRNotices@epa.gov.
                                           Zeta-Cypermethrin; Pesticide
                                                                                                             available at http://www.regulations.gov
                                           Tolerances                                                                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                             or at the Office of Pesticide Programs
                                           AGENCY:  Environmental Protection                                 Regulatory Public Docket (OPP Docket)                              I. General Information
                                           Agency (EPA).                                                     in the Environmental Protection Agency
                                                                                                             Docket Center (EPA/DC), West William                               A. Does this action apply to me?
                                           ACTION: Final rule.
                                                                                                             Jefferson Clinton Bldg., Rm. 3334, 1301                               You may be potentially affected by
                                           SUMMARY:   This regulation amends the                             Constitution Ave. NW., Washington, DC                              this action if you are an agricultural
Lhorne on DSK7TPTVN1PROD with RULES




                                           tolerances for residues of zeta-                                  20460–0001. The Public Reading Room                                producer, food manufacturer, or
                                           cypermethrin in or on corn, field,                                is open from 8:30 a.m. to 4:30 p.m.,                               pesticide manufacturer. The following
                                           forage; corn, field, stover; and corn, pop,                       Monday through Friday, excluding legal                             list of North American Industrial
                                           stover. FMC Corporation requested                                 holidays. The telephone number for the                             Classification System (NAICS) codes is
                                           these tolerances under the Federal Food,                          Public Reading Room is (202) 566–1744,                             not intended to be exhaustive, but rather
                                           Drug, and Cosmetic Act (FFDCA).                                   and the telephone number for the OPP                               provides a guide to help readers


                                      VerDate Sep<11>2014        17:16 Jul 29, 2015       Jkt 235001   PO 00000       Frm 00041   Fmt 4700       Sfmt 4700   E:\FR\FM\30JYR1.SGM        30JYR1



Document Created: 2018-02-23 09:30:19
Document Modified: 2018-02-23 09:30:19
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 31, 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 (360) 753-9082,
FR Citation80 FR 45431 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements

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