80 FR 64346 - Approval and Promulgation of Implementation Plans; Oregon: Lane Regional Air Protection Agency Open Burning Rules and Oregon Department of Environmental Quality Enforcement Procedures

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 205 (October 23, 2015)

Page Range		64346-64353
FR Document		2015-26159

The Environmental Protection Agency (EPA) is approving into Oregon's State Implementation Plan (SIP) a submittal from the Oregon Department of Environmental Quality (ODEQ) dated July 7, 2014, containing revisions to the Lane Regional Air Protection Agency's (LRAPA) open burning rules adopted on March 14, 2008. The revised LRAPA open burning rules make clarifications and provide for additional controls of open burning activities in Lane County, would reduce particulate emissions in Lane County, and would strengthen Oregon's SIP. The EPA is also approving a submittal from the ODEQ dated June 30, 2014, to update Oregon Administrative Rules (OAR) that relate to procedures in contested cases (appeals), enforcement procedures, and civil penalties. The EPA is approving most of the submitted provisions because the revisions clarify and strengthen the SIP and are consistent with the Clean Air Act (CAA). The EPA is not approving certain provisions of the submitted rules that do not relate to the requirements for SIPs under section 110 of the CAA. Finally, the EPA is correcting the SIP pursuant to the authority of section 110(k)(6) of the CAA to remove certain provisions previously approved by the EPA that do not relate to the requirements for SIPs under section 110 of the CAA.

Federal Register, Volume 80 Issue 205 (Friday, October 23, 2015)

[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Rules and Regulations]
[Pages 64346-64353]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-26159]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0562: FRL-9935-48-Region 10]

Approval and Promulgation of Implementation Plans; Oregon: Lane
Regional Air Protection Agency Open Burning Rules and Oregon Department
of Environmental Quality Enforcement Procedures

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving into
Oregon's State Implementation Plan (SIP) a submittal from the Oregon
Department of Environmental Quality (ODEQ) dated July 7, 2014,
containing revisions to the Lane Regional Air Protection Agency's
(LRAPA) open burning rules adopted on March 14, 2008. The revised LRAPA
open burning rules make clarifications and provide for additional
controls of open burning activities in Lane County, would reduce
particulate emissions in Lane County, and would strengthen Oregon's
SIP. The EPA is also approving a submittal from the ODEQ dated June 30,
2014, to update Oregon Administrative Rules (OAR) that relate to
procedures in contested cases (appeals), enforcement procedures, and
civil penalties. The EPA is approving most of the submitted provisions
because the revisions clarify and strengthen the SIP and are consistent
with the Clean Air Act (CAA). The EPA is not approving certain
provisions of the submitted rules that do not relate to the
requirements for SIPs under section 110 of the CAA. Finally, the EPA is
correcting the SIP pursuant to the authority of section 110(k)(6) of
the CAA to remove certain provisions previously approved by the EPA
that do not relate to the requirements for SIPs under section 110 of
the CAA.

DATES: This rule is effective on December 22, 2015, without further
notice, unless the EPA receives adverse comment by November 23, 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-2014-0562, by any of the following methods:
Federal eRulemaking Portal http://www.regulations.gov:
Follow the on-line instructions for submitting comments.
Email: R10-Public_Comments@epa.gov.
Mail: Mr. Keith Rose, 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: Mr. Keith Rose, Office of Air,
Waste, and Toxics, AWT-150. Such deliveries are only

[[Page 64347]]

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-
2014-0562. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means the EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email comment directly to the EPA
without going through http://www.regulations.gov your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, the EPA recommends that you include
your name and other contact information in the body of your comment and
with any disk or CD-ROM you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should avoid the use of special characters, any form of encryption, and
be free of any defects or viruses.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy. Publicly available docket
materials are available at http://www.regulations.gov or at EPA Region
10, Office of Air, Waste, and Toxics, AWT-107, 1200 Sixth Avenue,
Seattle, Washington 98101. The EPA requests that you contact the person
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keith A. Rose at (206) 553-1949,
rose.keith@epa.gov, or the above EPA, Region 10 address.

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

Table of Contents

I. Introduction
II. EPA Evaluation of the Submittals
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Introduction

Title I of the CAA specifies the general requirements for states to
submit SIPs to attain and maintain the National Ambient Air Quality
Standards (NAAQS) and the EPA's actions regarding approval of those
SIPs. The EPA received a submittal from the ODEQ on July 7, 2014
requesting that the EPA approve into the Oregon SIP the revisions to
the LRAPA open burning rules (title 47) adopted on March 14, 2008. In
general, the revised LRAPA open burning rules make clarifications and
provide for additional controls of open burning activities in Lane
County. The EPA also received a submittal from the ODEQ on June 30,
2014 that updates Oregon Administrative Rules (OAR) Chapter 340,
Division 11, Rules of General Applicability and Organization, relating
to contested cases (appeals of ODEQ actions) and OAR Chapter 340,
Division 12, Enforcement Procedures and Civil Penalties. These
divisions apply across all programs implemented by the ODEQ, including
the air quality regulations that the EPA has approved into the SIP.
The July 7, 2014 and June 30, 2014 SIP submittals also contain
amendments to OAR 340-200-0040. This rule describes the State's
procedures for adopting its SIP and references all of the state air
regulations that have been adopted by the ODEQ for approval into the
SIP (as a matter of state law), whether or not they have yet been
submitted to or approved by the EPA.

II. EPA Evaluation of the Submittals

A. LRAPA Title 47, Open Burning (July 7, 2014 Submittal)

LRAPA made numerous revisions throughout title 47, Open Burning.
The key substantive changes are discussed below. A more detailed
evaluation of the revisions to LRAPA's open burning rules is in the
docket for this action. As discussed below, the EPA proposes to find
that, overall, the revised rules will provide for additional controls
for open burning activities in Lane County, reduce particulate
emissions in Lane County, and strengthen Oregon's SIP.
1. Exemptions
LRAPA made several revisions to the types of open burning exempt
from regulation and added one new exemption category. Although
residential barbequing remains exempt, LRAPA has clarified that certain
prohibited materials, such as garbage or plastic, may not be burned as
fuel. The exemption for residential fires for recreational purposes has
been narrowed by prohibiting the use of yard waste as fuel and
prohibiting such fires altogether on yellow and red home wood heating
advisory days called by LRAPA in the winter months within the Eugene/
Springfield Urban Growth Boundary (ESUGB) and within the city limits of
Oakridge. Religious ceremonial fires have been added as a new category
of fires exempt from title 47. See LRAPA 47-005-2.C and 47-010
(definition of ``religious ceremonial fires''). LRAPA expects religious
ceremonial fires to occur infrequently and the definition requires that
such fires be controlled, be ``integral to a religious ceremony or
ritual,'' and that prohibited materials not be burned. Given the narrow
scope of this exemption, that the exemptions from title 47 have
otherwise been narrowed, and that the other revisions to title 47
generally strengthen the prohibitions on open burning, the EPA finds
that the new exemption for religious ceremonial fires will not
interfere with attainment or maintenance of the NAAQS or any other
applicable requirement of the CAA. The EPA therefore approves the
revisions to LRAPA 47-005, Exemptions from these Rules.
2. Definitions
The following definitions in LRAPA 47-010 have been revised:
Agricultural open burning, commercial wastes, construction wastes,
construction open burning, demolition wastes, demolition open burning,
Eugene-Springfield Urban Growth Boundary, industrial open burning, and
industrial waste. In general, the revisions to these definitions
clarify the types of burn and waste categories. For example, through
revisions to the definitions of construction waste, demolition waste,
and commercial waste, it is now clear that wastes transported offsite
are considered commercial waste even if the waste might otherwise meet
the definition of construction or demolition waste. Because
requirements for the open burning of commercial waste are generally
more restrictive, these clarifications make the rules more

[[Page 64348]]

stringent. These changes to definitions also make clear that materials
included in the list of prohibited materials in LRAPA 47-015-1.E cannot
be burned even if the material otherwise meets the specified
definition. Again, these revisions make the rules more stringent.
Definitions have been added to LRAPA 47-010 for agricultural
operation, agricultural waste, bonfire, forest slash open burning,
nuisance, recreational fire, religious ceremonial fire, and salvage.
The new definition of ``religious ceremonial fire'' is discussed above
in Section II.A.1 and the new definition of ``forest slash opening
burning'' is discussed in Section II.A.3 below. In general, the other
new definitions clarify the meaning of terms previously used in the
rules and thus enhance the enforceability of the rules.
Because the revised and new definitions in LRAPA 47-010 either
increase the stringency of the rules or provide clarification to
enhance enforceability, the EPA approves revisions to LRAPA 47-010
except for the definition of ``nuisance,'' which is discussed in more
detail in Section II.A.5 below.
Note that the introductory language in LRAPA 47-010 references
title 12 of the LRAPA regulations for additional definitions. Proposed
revisions to title 12 were included in a SIP submission that the EPA
received on August 28, 2014. The present action does not address those
revisions. The EPA will be acting on that submission in a future
action.
3. Open Burning Requirements
LRAPA 47-015 contains most of the requirements for open burning,
with general requirements to be met for all open burning and specific
requirements for residential open burning, construction and demolition
open burning, commercial open burning, industrial open burning, and a
new category, forest slash open burning.
Requirements for residential open burning have been made more
stringent in a number of respects. The ending times for open burns are
now set by a LRAPA burning advisory, rather than automatically
extending until sunset. All open burning remains prohibited within the
city of Eugene, and the prohibition on open burning within the city of
Springfield has been expanded so that the burning of woody yard
trimmings on lots of a half acre or more is now only allowed between
March 1 through June 15 and October 1 through October 31, rather than
from October 1 to June 15. The period of allowed residential open
burning outside of the Eugene and Springfield city limits but within
the ESUGB has similarly been narrowed. The Hazeldell and Siuslaw fire
districts have been added to the list of fire districts that must
comply with the open burning requirements for fire districts, which
include the prohibition on burning construction/demolition debris
unless authorized by a letter permit. Therefore, the conditions for
open burning in the two newly added fire districts are now more
stringent. Finally, a new section restricts residential open burning of
woody yard trimmings, leaves and grass in Lane County outside of the
affected areas identified in LRAPA 47-015-2.B-F to approved burn days
from October 1 through June 15, instead of year around. There have been
no substantive changes to the requirements for construction and
demolition open burning, commercial open burning, or industrial open
burning.
A new section has been added to specifically address forest slash
open burning. LRAPA 47-015-6.A confirms that forest slash open burning
in areas covered by the Oregon Smoke Management Plan is regulated by
the Oregon Department of Forestry under ORS 477.515 and not under LRAPA
title 47. Such burning is already specifically exempt from LRAPA title
47 under the current SIP. See LRAPA 47-005-1.D.
LRAPA 47-015-6.B addresses forest slash open burning in Lane County
outside of areas covered by the Oregon Smoke Management Plan. Forest
slash open burning in such areas is now expressly prohibited within the
ESUGB. Forest slash open burning is also prohibited unless authorized
by a letter permit under LRAPA 47-020, in the fire districts identified
in LRAPA 47-015-2.F and other properties not covered by the Oregon
Smoke Management Plan. Maps provided by LRAPA show that there is very
limited forest land in Lane County that is not covered by the Smoke
Management Plan, and would therefore be covered by the LRAPA forest
slash open burning rules.
Any slash burning in Lane County must now be coordinated with the
South Cascade and Western Lane districts, and be consistent with slash
burning advisories issued by Oregon Department of Forestry. In
addition, under LRAPA 47-020-1, letter permits for such forest slash
open burning can only be issued on a singly occurring or infrequent
basis. According to LRAPA, forest slash open burning was not previously
expressly regulated under title 47 prior to 1995. Seen in that light,
the regulation of forest slash open burning on land not covered by the
Oregon Smoke Management Plan would be an increase in the stringency of
the Oregon SIP. The EPA considers the language in LRAPA 47-001 (``all
open burning is prohibited in Lane County except as expressly allowed
by these rules or if exempted from these rules by Oregon Statute''),
which is currently approved in the SIP, however, as potentially
prohibiting forest open slash burning on land that is not covered by
the Oregon Smoke Management Plan. In that respect, authorizing forest
slash open burning through a letter permit under certain conditions
could be considered less stringent than the current SIP. In any event,
given the many other provisions of this SIP revision that make the SIP
more stringent, that only one instance of such open slash burning has
been issued a letter permit by LRAPA since 1995, the factors considered
by LRAPA and findings LRAPA must make in issuing a letter permit for
forest slash open burning in LRAPA 47-020-5 and -6, the EPA concludes
that allowing this narrow category of open burning will not interfere
with attainment and maintenance of the NAAQS or any other applicable
requirement of the CAA. Accordingly, with the exception of LRAPA 47-
015-6(B)(5), discussed in Section II.A.5 below, the EPA approves the
revisions to LRAPA 47-015, Open Burning Requirements, because the
revisions increase the overall stringency of the restrictions on open
burning.
4. Letter Permits
LRAPA 47-020 authorizes certain types of open burning under letter
permits issued by LRAPA. As discussed in Section II.A.3 above, this
section has been amended to add forest slash burning for a single
occurrence or on an infrequent basis to the list of the categories of
open burning that may be allowed by a letter permit issued by LRAPA. It
has also been amended to authorize issuance of letter permits for a
bonfire held for a single event. The EPA finds that the potential
increase in emissions that would result from these infrequent
activities would be de minimis in light of the other restrictions on
open burning imposed by the other revisions to title 47 in this SIP
submittal.
LRAPA 47-020-5 contains a list of factors to be considered by LRAPA
in determining whether to issue a letter permit. This provision has
been amended to allow LRAPA to consider as an alternative disposal
method whether waste materials can be salvaged.
Because the availability of alternative disposal options mitigates
against authorizing open burning under LRAPA's rules, see LRAPA 47-001,
expanding the list of what can be

[[Page 64349]]

considered as an alternative disposal method makes the rules more
stringent.
With the exception of certain provisions discussed below in Section
II.A.5 that do not relate to the requirements of section 110 of the
CAA, the EPA approves the revisions to LRAPA 47-020 because the
revisions do not interfere with attainment and maintenance of the NAAQS
or any other applicable requirement of the CAA.
5. Summary Table
LRAPA has removed the table is section 47-030, Summary of Seasons,
Areas, and Permit Requirements for Open Burning. This table was a
summary of the text explaining what type of burning was allowed in each
area of Lane County. Removing this table has no impact on the
stringency of the rule.
6. Rules Not Approved or Being Removed From the SIP
Title 47 contains several provisions, both previously approved by
the EPA into the Oregon SIP, and newly enacted or revised provisions,
that relate to nuisance, fire safety, or environmental issues that do
not relate to air quality. The EPA's authority to approve SIPs extends
to provisions related to attainment and maintenance of the NAAQS and
carrying out other specific requirements of section 110 of the CAA.
Section 110(k)(6) of the CAA authorizes the EPA, upon a determination
that the EPA's action approving, disapproving or promulgating any SIP
or plan revision (or any part thereof) was in error, to revise such
action as appropriate.
In this action, the EPA is not approving into the SIP and is
removing from the SIP the following provisions of title 47 that do not
relate to attainment and maintenance of the NAAQS or the other
requirements of section 110 the CAA: The definition of ``nuisance'' in
LRAPA 47-010; LRAPA 47-015-1.D (currently in the SIP); LRAPA 47-015-
1.H; LRAPA 47-015-6.B(5); LRAPA 47-020-3 (currently in the SIP); LRAPA
47-020-9.I; LRAPA 47-020-10 (first sentence currently in the SIP).

B. ODEQ Chapter 340, Divisions 11 and 12 (June 30, 2014 Submittal)

1. Division 11, Rules of General Applicability and Organization
Oregon's June 30, 2014 submittal revises OAR Chapter 340, Division
11, to align with the Oregon Attorney General Model Rules, which
address procedures for filing and serving documents in contested cases
(appeals of ODEQ actions). These rule revisions were adopted by Oregon
on December 11, 2013 and became effective on January 6, 2014. The rules
were revised to improve the clarity and completeness of contested case
appeals coming before the Environmental Quality Commission.
Division 11 provides authority needed for implementing the SIP and
is consistent with the CAA requirements for the issuance of permits and
enforcement authority. The EPA is therefore approving the revisions to
Division 11 submitted by the ODEQ, subject to the qualifications
discussed below in Section III.
2. Division 12, Enforcement Procedures and Civil Penalties
Division 12 contains enforcement procedures and civil penalty
provisions that apply across all programs implemented by the ODEQ,
including the air quality regulations that the EPA has approved into
the SIP. Division 12 provides the authority and procedures under which
the ODEQ notifies regulated entities of violations, determines the
appropriate penalties for violations, and assesses penalties for such
violations. The revisions to Division 12 made by the ODEQ implement
legislative increases in statutory maximum penalties, align violation
classifications and magnitudes with ODEQ program priorities, provide
greater mitigating credit for correcting violations, and make minor
housekeeping changes.
The EPA has reviewed the revisions to OAR Chapter 340, Division 12
and finds that these rules continue to provide the ODEQ with adequate
authority for enforcing the SIP as required by section 110 of the Clean
Air Act and 40 CFR 50.230(b). Importantly, OAR 340-012-0160(1) gives
the ODEQ the discretion to increase a base penalty to that derived
using the next highest penalty matrix value and OAR 340-012-0160(4)
gives the ODEQ the discretion to deviate from the penalty matrices and
assess penalties of $25,000 per day, per violation based on the facts
and circumstances of the individual case. The EPA therefore approves
into the SIP the revisions to Division 12 submitted by the ODEQ,
subject to the qualifications discussed below in Section III.

III. Final Action

The EPA is taking the following action on the revisions to LRAPA
title 47, Open Burning, adopted on May 14, 2008, and submitted to the
EPA by the ODEQ on July 7, 2014. We approve the revisions to the
following sections except as identified below: 47-001, General Policy;
47-005, Exemptions from These Rules; 47-010, Definitions; 47-015, Open
Burning Requirements; and 47-020, Letter Permits. As discussed in
Section II.A.5 above, because the EPA's authority to approve SIPs
extends to provisions related to attainment and maintenance of the
NAAQS and carrying out other specific requirements of section 110 of
the CAA, we are not approving into the SIP and are removing from the
SIP under the authority of CAA section 110(k)(6) the following
provisions: The definition of ``nuisance'' in LRAPA 47-010; LRAPA 47-
015-1.D (currently in the SIP); LRAPA 47-015-1.H; LRAPA 47-015-6.B(5);
LRAPA 47-020-3 (currently in the SIP); LRAPA 47-020-9.I; LRAPA 47-020-
10 (first sentence currently in the SIP).
The EPA also approves revisions to OAR Chapter 340, Division 11,
adopted on December 11, 2013 and submitted by the ODEQ on June 30,
2014. The EPA is approving this division, however, only to the extent
it relates to implementation of requirements contained in the Oregon
SIP. The EPA is not incorporating these rules by reference into the
Code of Federal Regulations, however, because the EPA relies on its
independent administrative and enforcement procedures under the CAA.
The EPA also approves revisions to OAR Chapter 340, Division 12,
adopted on December 11, 2013 and submitted by the ODEQ on June 30,
2014, except for the following provisions that do not relate to air
emissions and were not submitted by the ODEQ for approval: OAR 340-012-
0027,\1\ -0055, -0060, -0065, -0066, -0067, -0068, -0071, -0072, -0073,
-0074, -0079, -0081, -0082, -0083, -0097. In addition, the EPA is
approving the remaining sections in Chapter 340, Division 12, only to
the extent they relate to enforcement of requirements contained in the
Oregon SIP. Again, the EPA is not incorporating these rules by
reference into the Code of Federal Regulations, however, because the
EPA relies on its independent enforcement procedures and penalty
provisions in bringing enforcement actions and assessing penalties
under the CAA.
---------------------------------------------------------------------------

\1\ No such citation appears in Division 12, but these
provisions have not been submitted by the ODEQ in any event.
---------------------------------------------------------------------------

The EPA is not approving the revisions to OAR 340-200-0040 in these
SIP submittals because these provisions address state SIP adoption
procedures and because the Federally-approved SIP consists only of
regulations and other requirements that have been submitted by the ODEQ
and approved by the EPA.

[[Page 64350]]

IV. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is incorporating by reference the ODEQ regulations
described in the amendments to 40 CFR part 52 set forth below. The EPA
has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).

V. Statutory and Executive Orders Reviews

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 22, 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 today's 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, Intergovernmental
relations, Incorporation by reference, Particulate matter, Reporting,
and recordkeeping requirements.

Dated: September 25, 2015.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart MM--Oregon

0
2. Section 52.1970 is amended:
0
a. In paragraph (c) Table 4--EPA Approved Lane Regional Air Protection
Agency (LRAPA) Rules for Oregon by:
0
i. Revising entries 47-001, 47-005, 47-010, 47-015, and 47-020.
0
ii. Removing the entry 47-030.
0
b. In paragraph (e) table titled ``Oregon Administrative Rules
Approved, But Not Incorporated By Reference'' by:
0
i. Revising entry 011-0005.
0
ii. Adding entries 011-0010, 011-0024, 011-0029, 011-0046, 011-0053,
011-0061, 011-0310, 011-0330, 011-0340, 011-0360, 011-0370, 011-0380,
011-0390, and 011-0500 in numerical order.
0
iii. Revising entries 011-0510 and 011-0515.
0
iv. Adding entries 011-0520, 011-0525, 011-0530, 011-0535, 011-0540,
011-0545, 011-0550, 011-0555, 011-0565, and 011-0570 in numerical
order.
0
v. Revising entries 011-0573 and 011-0575.
0
vi. Adding entries 011-0580 and 011-0585 in numerical order.
0
vii. Revising entries 012-0026, 012-0028, 012-0030, 012-0038, 012-0041,
012-0045, 012-0053, 012-0054, 012-0130, 012-0135, 012-0140, 012-0145,
012-0150, 012-0155, 012-0160, 012-0162, 012-0165, and 012-0170.
The revisions and additions read as follows:

Sec. 52.1970 Identification of plan.

* * * * *
(c) * * *

[[Page 64351]]

Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules for Oregon
----------------------------------------------------------------------------------------------------------------
State
LRAPA citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 47--Rules for Open Outdoor Burning
----------------------------------------------------------------------------------------------------------------
47-001..................... General Policy....... 3/14/2008 10/23/2015, [Insert .....................
Federal Register
citation].
47-005..................... Exemptions from these 3/14/2008 10/23/2015, [Insert .....................
Rules. Federal Register
citation].
47-010..................... Definitions.......... 3/14/2008 10/23/2015, [Insert Except the definition
Federal Register of ``nuisance''.
citation].
47-015..................... Open Burning 3/14/2008 10/23/2015, [Insert Except 1.D, 1.H, and
Requirements. Federal Register 6.B(5).
citation].
47-020..................... Letter Permits....... 3/14/2008 10/23/2015, [Insert Except 3, 9.I, and
Federal Register 10.
citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
(e) EPA Approved Nonregulatory provisions and Quasi-Regulatory
Measures.

Oregon Administrative Rules, Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Division 11--Rules of General Applicability and Organization
----------------------------------------------------------------------------------------------------------------
011-0005................... Definitions.......... 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
011-0010................... Notice of Rulemaking. 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
011-0024................... Rulemaking Process... 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
011-0029................... Policy on Disclosure 1/6/2014 10/23/2015, [Insert
of the Relationship Federal Register
Between Proposed citation].
Rules and Federal
Requirements.
011-0046................... Petition to 1/6/2014 10/23/2015, [Insert
Promulgate, Amend, Federal Register
or Repeal Rule: citation].
Content of Petition,
Filing or Petition.
011-0053................... Periodic Rule Review. 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
011-0061................... Declaratory Ruling: 1/6/2014 10/23/2015, [Insert
Institution of Federal Register
Proceedings, citation].
Consideration of
Petition and
Disposition of
Petition.
011-0310................... Purpose.............. 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
011-0330................... Requests for Review 1/6/2014 10/23/2015, [Insert
or to Obtain Copies Federal Register
of Public Records. citation].
011-0340................... Costs for Record 1/6/2014 10/23/2015, [Insert
Review and Copying. Federal Register
citation].
011-0360................... Collecting Fees...... 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
011-0370................... Certification of 1/6/2014 10/23/2015, [Insert
Copies of Records. Federal Register
citation].
011-0380................... Fee Waivers and 1/6/2014 10/23/2015, [Insert
Reductions. Federal Register
citation].
011-0390................... Exempt Records....... 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
011-0500................... Contested Case 1/6/2014 10/23/2015, [Insert
Proceedings Federal Register
Generally. citation].
011-0510................... Agency Representation 1/6/2014 10/23/2015, [Insert
by Environmental Law Federal Register
Specialist. citation].

[[Page 64352]]

011-0515................... Authorized 1/6/2014 10/23/2015, [Insert
Representative of a Federal Register
Participant other citation].
than a Natural
Person in a
Contested Case
Hearing.
011-0520................... Liability for the 1/6/2014 10/23/2015, [Insert
Acts of a Person's Federal Register
Employees. citation].
011-0525................... Service and Filing of 1/6/2014 10/23/2015, [Insert
Documents. Federal Register
citation].
011-0530................... Requests for Hearing. 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
011-0535................... Final Orders by 1/6/2014 10/23/2015, [Insert
Default. Federal Register
citation].
011-0540................... Consolidation or 1/6/2014 10/23/2015, [Insert
Bifurcation of Federal Register
Contested Case citation].
Hearings.
011-0545................... Burden and Standard 1/6/2014 10/23/2015, [Insert
of Proof in Federal Register
Contested Case citation].
Hearings; DEQ
Interpretation of
Rules and Statutory
Terms.
011-0550................... Discovery............ 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
011-0555................... Subpoenas............ 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
011-0565................... Immediate Review..... 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
011-0570................... Permissible Scope of 1/6/2014 10/23/2015, [Insert
Hearing. Federal Register
citation].
011-0573................... Proposed Orders in 1/6/2014 10/23/2015, [Insert
Contested Cases. Federal Register
citation].
011-0575................... Review of Proposed 1/6/2014 10/23/2015, [Insert
Orders in Contested Federal Register
Cases. citation].
011-0580................... Petitions for 1/6/2014 10/23/2015, [Insert
Reconsideration or Federal Register
Rehearing. citation].
011-0585................... Petitions for a Stay 1/6/2014 10/23/2015, [Insert
of the Effect of a Federal Register
Final Order. citation].
----------------------------------------------------------------------------------------------------------------
Division 12--Enforcement Procedure and Civil Penalties
----------------------------------------------------------------------------------------------------------------
012-0026................... Policy............... 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
012-0028................... Scope of 1/6/2014 10/23/2015, [Insert
Applicability. Federal Register
citation].
012-0030................... Definitions.......... 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
012-0038................... Warning Letters, Pre- 1/6/2014 10/23/2015, [Insert
Enforcement Notices Federal Register
and Notices of citation].
Permit Violation.
012-0041................... Formal Enforcement 1/6/2014 10/23/2015, [Insert
Actions. Federal Register
citation].
012-0045................... Civil Penalty 1/6/2014 10/23/2015, [Insert
Determination Federal Register
Procedure. citation].
012-0053................... Classification of 1/6/2014 10/23/2015, [Insert
Violations that Federal Register
Apply to all citation].
Programs.
012-0054................... Air Quality 1/6/2014 10/23/2015, [Insert
Classification of Federal Register
Violations. citation].
012-0130................... Determination of 1/6/2014 10/23/2015, [Insert
Violation Magnitude. Federal Register
citation].
012-0135................... Selected Magnitude 1/6/2014 10/23/2015, [Insert
Categories. Federal Register
citation].
012-0140................... Determination of Base 1/6/2014 10/23/2015, [Insert
Penalty. Federal Register
citation].
012-0145................... Determination of 1/6/2014 10/23/2015, [Insert
Aggravating or Federal Register
Mitigating Factors. citation].
012-0150................... Determination of 1/6/2014 10/23/2015, [Insert
Economic Benefit. Federal Register
citation].
012-0155................... Additional or 1/6/2014 10/23/2015, [Insert
Alternate Civil Federal Register
Penalties. citation].
012-0160................... DEQ Discretion 1/6/2014 10/23/2015, [Insert
Regarding Penalty Federal Register
Assessment. citation].
012-0162................... Inability to Pay the 1/6/2014 10/23/2015, [Insert
Penalty. Federal Register
citation].

[[Page 64353]]

012-0165................... Stipulated Penalties. 1/6/2014 10/23/2015, [Insert
Federal Register
citation].
012-0170................... Compromise or 1/6/2014 10/23/2015, [Insert
Settlement of Civil Federal Register
Penalty by DEQ. citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-26159 Filed 10-22-15; 8:45 am]
BILLING CODE 6560-50-P

64346 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations

The SIP is not approved to apply on cannot take effect until 60 days after it matter, Reporting and recordkeeping
any Indian reservation land or in any is published in the Federal Register. requirements, Sulfur oxides, Volatile
other area where EPA or an Indian tribe This action is not a ‘‘major rule’’ as organic compounds.
has demonstrated that a tribe has defined by 5 U.S.C. 804(2). Dated: October 8, 2015.
jurisdiction. In those areas of Indian Under section 307(b)(1) of the CAA,
Heather McTeer Toney,
country, the rule does not have tribal petitions for judicial review of this
Regional Administrator, Region 4.
implications as specified by Executive action must be filed in the United States
Order 13175 (65 FR 67249, November 9, Court of Appeals for the appropriate 40 CFR part 52 is amended as follows:
2000), nor will it impose substantial circuit by December 22, 2015. Filing a
direct costs on tribal governments or petition for reconsideration by the PART 52—APPROVAL AND
preempt tribal law. Administrator of this final rule does not PROMULGATION OF
The Congressional Review Act, 5 affect the finality of this action for the IMPLEMENTATION PLANS
U.S.C. 801 et seq., as added by the Small purposes of judicial review nor does it
Business Regulatory Enforcement extend the time within which a petition ■ 1. The authority citation for part 52
Fairness Act of 1996, generally provides for judicial review may be filed, and continues to read as follows:
that before a rule may take effect, the shall not postpone the effectiveness of Authority: 42.U.S.C. 7401 et seq.
agency promulgating the rule must such rule or action. This action may not
submit a rule report, which includes a be challenged later in proceedings to Subpart K—Florida
copy of the rule, to each House of the enforce its requirements. See section
Congress and to the Comptroller General 307(b)(2). ■ 2. Section 52.520(e) is amended by
of the United States. EPA will submit a adding an entry for ‘‘Regional Haze Plan
report containing this action and other List of Subjects in 40 CFR Part 52 Amendment 3’’ at the end of the table
required information to the U.S. Senate, Environmental protection, Air to read as follows:
the U.S. House of Representatives, and pollution control, Carbon monoxide,
the Comptroller General of the United Incorporation by reference, § 52.520 Identification of plan.
States prior to publication of the rule in Intergovernmental relations, Lead, * * * * *
the Federal Register. A major rule Nitrogen dioxide, Ozone, Particulate (e) * * *
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective Federal Register
Provision EPA approval date Explanation
date notice

* * * * * * *
Regional Haze Plan 4/30/2014 10/23/2015 ................... [Insert Federal Reg- Establishes NOX BART emissions limit for Unit
Amendment 3. [Insert Federal Reg- ister citation]. 1 at the Lakeland Electric—C.D. McIntosh
ister citation]. Power Plant and includes FDEP Permit No.
1050004–034–AC.

[FR Doc. 2015–26935 Filed 10–22–15; 8:45 am] Protection Agency’s (LRAPA) open requirements for SIPs under section 110
BILLING CODE 6560–50–P burning rules adopted on March 14, of the CAA.
2008. The revised LRAPA open burning DATES: This rule is effective on
rules make clarifications and provide for December 22, 2015, without further
ENVIRONMENTAL PROTECTION additional controls of open burning notice, unless the EPA receives adverse
AGENCY activities in Lane County, would reduce comment by November 23, 2015. If the
particulate emissions in Lane County, EPA receives adverse comment, we will
40 CFR Part 52
and would strengthen Oregon’s SIP. The publish a timely withdrawal in the
[EPA–R10–OAR–2014–0562: FRL–9935–48– EPA is also approving a submittal from Federal Register informing the public
Region 10] the ODEQ dated June 30, 2014, to that the rule will not take effect.
update Oregon Administrative Rules ADDRESSES: Submit your comments,
Approval and Promulgation of
(OAR) that relate to procedures in identified by Docket ID No. EPA–R10–
Implementation Plans; Oregon: Lane
contested cases (appeals), enforcement OAR–2014–0562, by any of the
Regional Air Protection Agency Open
procedures, and civil penalties. The following methods:
Burning Rules and Oregon Department
EPA is approving most of the submitted • Federal eRulemaking Portal http://
of Environmental Quality Enforcement
provisions because the revisions clarify www.regulations.gov: Follow the on-line
Procedures
and strengthen the SIP and are instructions for submitting comments.
AGENCY: Environmental Protection consistent with the Clean Air Act • Email: R10-Public_Comments@
Agency. (CAA). The EPA is not approving epa.gov.
ACTION: Direct final rule. certain provisions of the submitted rules • Mail: Mr. Keith Rose, EPA Region
that do not relate to the requirements for 10, Office of Air, Waste, and Toxics,
mstockstill on DSK4VPTVN1PROD with RULES

SUMMARY: The Environmental Protection SIPs under section 110 of the CAA. AWT–150, 1200 Sixth Avenue, Suite
Agency (EPA) is approving into 900, Seattle, WA 98101.
Finally, the EPA is correcting the SIP
Oregon’s State Implementation Plan • Hand Delivery/Courier: EPA Region
pursuant to the authority of section
(SIP) a submittal from the Oregon 10, 1200 Sixth Avenue, Suite 900,
110(k)(6) of the CAA to remove certain Seattle, WA 98101. Attention: Mr. Keith
Department of Environmental Quality
(ODEQ) dated July 7, 2014, containing provisions previously approved by the Rose, Office of Air, Waste, and Toxics,
revisions to the Lane Regional Air EPA that do not relate to the AWT–150. Such deliveries are only

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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64347

accepted during normal hours of FOR FURTHER INFORMATION CONTACT: reduce particulate emissions in Lane
operation, and special arrangements Keith A. Rose at (206) 553–1949, County, and strengthen Oregon’s SIP.
should be made for deliveries of boxed rose.keith@epa.gov, or the above EPA,
1. Exemptions
information. Region 10 address.
Instructions: Direct your comments to SUPPLEMENTARY INFORMATION: LRAPA made several revisions to the
Docket ID No. EPA–R10–OAR–2014– Throughout this document whenever types of open burning exempt from
0562. The EPA’s policy is that all ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, it is regulation and added one new
comments received will be included in intended to refer to the EPA. exemption category. Although
the public docket without change and residential barbequing remains exempt,
Table of Contents LRAPA has clarified that certain
may be made available online at
http://www.regulations.gov, including I. Introduction prohibited materials, such as garbage or
any personal information provided, II. EPA Evaluation of the Submittals plastic, may not be burned as fuel. The
unless the comment includes III. Final Action exemption for residential fires for
IV. Incorporation by Reference recreational purposes has been
information claimed to be Confidential V. Statutory and Executive Orders Review
Business Information (CBI) or other narrowed by prohibiting the use of yard
information whose disclosure is I. Introduction waste as fuel and prohibiting such fires
restricted by statute. Do not submit altogether on yellow and red home
Title I of the CAA specifies the wood heating advisory days called by
information that you consider to be CBI general requirements for states to submit LRAPA in the winter months within the
or otherwise protected through http:// SIPs to attain and maintain the National Eugene/Springfield Urban Growth
www.regulations.gov or email. The Ambient Air Quality Standards Boundary (ESUGB) and within the city
http://www.regulations.gov Web site is (NAAQS) and the EPA’s actions limits of Oakridge. Religious ceremonial
an ‘‘anonymous access’’ system, which regarding approval of those SIPs. The fires have been added as a new category
means the EPA will not know your EPA received a submittal from the of fires exempt from title 47. See LRAPA
identity or contact information unless ODEQ on July 7, 2014 requesting that 47–005–2.C and 47–010 (definition of
you provide it in the body of your the EPA approve into the Oregon SIP ‘‘religious ceremonial fires’’). LRAPA
comment. If you send an email the revisions to the LRAPA open expects religious ceremonial fires to
comment directly to the EPA without burning rules (title 47) adopted on occur infrequently and the definition
going through http:// March 14, 2008. In general, the revised requires that such fires be controlled, be
www.regulations.gov your email address LRAPA open burning rules make ‘‘integral to a religious ceremony or
will be automatically captured and clarifications and provide for additional ritual,’’ and that prohibited materials
included as part of the comment that is controls of open burning activities in not be burned. Given the narrow scope
placed in the public docket and made Lane County. The EPA also received a of this exemption, that the exemptions
available on the Internet. If you submit submittal from the ODEQ on June 30, from title 47 have otherwise been
an electronic comment, the EPA 2014 that updates Oregon narrowed, and that the other revisions
recommends that you include your Administrative Rules (OAR) Chapter to title 47 generally strengthen the
name and other contact information in 340, Division 11, Rules of General prohibitions on open burning, the EPA
the body of your comment and with any Applicability and Organization, relating finds that the new exemption for
disk or CD–ROM you submit. If the EPA to contested cases (appeals of ODEQ religious ceremonial fires will not
cannot read your comment due to actions) and OAR Chapter 340, Division interfere with attainment or
technical difficulties and cannot contact 12, Enforcement Procedures and Civil maintenance of the NAAQS or any other
you for clarification, the EPA may not Penalties. These divisions apply across applicable requirement of the CAA. The
be able to consider your comment. all programs implemented by the ODEQ, EPA therefore approves the revisions to
Electronic files should avoid the use of including the air quality regulations that LRAPA 47–005, Exemptions from these
special characters, any form of the EPA has approved into the SIP. Rules.
encryption, and be free of any defects or The July 7, 2014 and June 30, 2014
viruses. SIP submittals also contain amendments 2. Definitions
Docket: All documents in the docket to OAR 340–200–0040. This rule The following definitions in LRAPA
are listed in the http:// describes the State’s procedures for 47–010 have been revised: Agricultural
www.regulations.gov index. Although adopting its SIP and references all of the open burning, commercial wastes,
listed in the index, some information is state air regulations that have been construction wastes, construction open
not publicly available, e.g., CBI or other adopted by the ODEQ for approval into burning, demolition wastes, demolition
information whose disclosure is the SIP (as a matter of state law), open burning, Eugene-Springfield Urban
restricted by statute. Certain other whether or not they have yet been Growth Boundary, industrial open
material, such as copyrighted material, submitted to or approved by the EPA. burning, and industrial waste. In
is not placed on the Internet and will be II. EPA Evaluation of the Submittals general, the revisions to these
publicly available only in hard copy. definitions clarify the types of burn and
Publicly available docket materials are A. LRAPA Title 47, Open Burning (July waste categories. For example, through
available at http://www.regulations.gov 7, 2014 Submittal) revisions to the definitions of
or at EPA Region 10, Office of Air, LRAPA made numerous revisions construction waste, demolition waste,
Waste, and Toxics, AWT–107, 1200 throughout title 47, Open Burning. The and commercial waste, it is now clear
Sixth Avenue, Seattle, Washington key substantive changes are discussed that wastes transported offsite are
mstockstill on DSK4VPTVN1PROD with RULES

98101. The EPA requests that you below. A more detailed evaluation of considered commercial waste even if
contact the person listed in the FOR the revisions to LRAPA’s open burning the waste might otherwise meet the
FURTHER INFORMATION CONTACT section to rules is in the docket for this action. As definition of construction or demolition
schedule your inspection. The Regional discussed below, the EPA proposes to waste. Because requirements for the
Office’s official hours of business are find that, overall, the revised rules will open burning of commercial waste are
Monday through Friday, 8:30 to 4:30, provide for additional controls for open generally more restrictive, these
excluding Federal holidays. burning activities in Lane County, clarifications make the rules more

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64348 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations

stringent. These changes to definitions within the ESUGB has similarly been Oregon SIP. The EPA considers the
also make clear that materials included narrowed. The Hazeldell and Siuslaw language in LRAPA 47–001 (‘‘all open
in the list of prohibited materials in fire districts have been added to the list burning is prohibited in Lane County
LRAPA 47–015–1.E cannot be burned of fire districts that must comply with except as expressly allowed by these
even if the material otherwise meets the the open burning requirements for fire rules or if exempted from these rules by
specified definition. Again, these districts, which include the prohibition Oregon Statute’’), which is currently
revisions make the rules more stringent. on burning construction/demolition approved in the SIP, however, as
Definitions have been added to debris unless authorized by a letter potentially prohibiting forest open slash
LRAPA 47–010 for agricultural permit. Therefore, the conditions for burning on land that is not covered by
operation, agricultural waste, bonfire, open burning in the two newly added the Oregon Smoke Management Plan. In
forest slash open burning, nuisance, fire districts are now more stringent. that respect, authorizing forest slash
recreational fire, religious ceremonial Finally, a new section restricts open burning through a letter permit
fire, and salvage. The new definition of residential open burning of woody yard under certain conditions could be
‘‘religious ceremonial fire’’ is discussed trimmings, leaves and grass in Lane considered less stringent than the
above in Section II.A.1 and the new County outside of the affected areas current SIP. In any event, given the
definition of ‘‘forest slash opening identified in LRAPA 47–015–2.B–F to many other provisions of this SIP
burning’’ is discussed in Section II.A.3 approved burn days from October 1 revision that make the SIP more
below. In general, the other new through June 15, instead of year around. stringent, that only one instance of such
definitions clarify the meaning of terms There have been no substantive changes open slash burning has been issued a
previously used in the rules and thus to the requirements for construction and letter permit by LRAPA since 1995, the
enhance the enforceability of the rules. demolition open burning, commercial factors considered by LRAPA and
Because the revised and new open burning, or industrial open findings LRAPA must make in issuing a
definitions in LRAPA 47–010 either burning. letter permit for forest slash open
increase the stringency of the rules or A new section has been added to burning in LRAPA 47–020–5 and –6, the
provide clarification to enhance specifically address forest slash open EPA concludes that allowing this
enforceability, the EPA approves burning. LRAPA 47–015–6.A confirms narrow category of open burning will
revisions to LRAPA 47–010 except for that forest slash open burning in areas not interfere with attainment and
the definition of ‘‘nuisance,’’ which is covered by the Oregon Smoke maintenance of the NAAQS or any other
discussed in more detail in Section Management Plan is regulated by the applicable requirement of the CAA.
II.A.5 below. Oregon Department of Forestry under Accordingly, with the exception of
Note that the introductory language in ORS 477.515 and not under LRAPA title LRAPA 47–015–6(B)(5), discussed in
LRAPA 47–010 references title 12 of the 47. Such burning is already specifically Section II.A.5 below, the EPA approves
LRAPA regulations for additional exempt from LRAPA title 47 under the the revisions to LRAPA 47–015, Open
definitions. Proposed revisions to title current SIP. See LRAPA 47–005–1.D. Burning Requirements, because the
12 were included in a SIP submission LRAPA 47–015–6.B addresses forest revisions increase the overall stringency
that the EPA received on August 28, slash open burning in Lane County of the restrictions on open burning.
2014. The present action does not outside of areas covered by the Oregon
address those revisions. The EPA will Smoke Management Plan. Forest slash 4. Letter Permits
be acting on that submission in a future open burning in such areas is now LRAPA 47–020 authorizes certain
action. expressly prohibited within the ESUGB. types of open burning under letter
Forest slash open burning is also permits issued by LRAPA. As discussed
3. Open Burning Requirements
prohibited unless authorized by a letter in Section II.A.3 above, this section has
LRAPA 47–015 contains most of the permit under LRAPA 47–020, in the fire been amended to add forest slash
requirements for open burning, with districts identified in LRAPA 47–015– burning for a single occurrence or on an
general requirements to be met for all 2.F and other properties not covered by infrequent basis to the list of the
open burning and specific requirements the Oregon Smoke Management Plan. categories of open burning that may be
for residential open burning, Maps provided by LRAPA show that allowed by a letter permit issued by
construction and demolition open there is very limited forest land in Lane LRAPA. It has also been amended to
burning, commercial open burning, County that is not covered by the Smoke authorize issuance of letter permits for
industrial open burning, and a new Management Plan, and would therefore a bonfire held for a single event. The
category, forest slash open burning. be covered by the LRAPA forest slash EPA finds that the potential increase in
Requirements for residential open open burning rules. emissions that would result from these
burning have been made more stringent Any slash burning in Lane County infrequent activities would be de
in a number of respects. The ending must now be coordinated with the minimis in light of the other restrictions
times for open burns are now set by a South Cascade and Western Lane on open burning imposed by the other
LRAPA burning advisory, rather than districts, and be consistent with slash revisions to title 47 in this SIP
automatically extending until sunset. burning advisories issued by Oregon submittal.
All open burning remains prohibited Department of Forestry. In addition, LRAPA 47–020–5 contains a list of
within the city of Eugene, and the under LRAPA 47–020–1, letter permits factors to be considered by LRAPA in
prohibition on open burning within the for such forest slash open burning can determining whether to issue a letter
city of Springfield has been expanded so only be issued on a singly occurring or permit. This provision has been
that the burning of woody yard infrequent basis. According to LRAPA, amended to allow LRAPA to consider as
mstockstill on DSK4VPTVN1PROD with RULES

trimmings on lots of a half acre or more forest slash open burning was not an alternative disposal method whether
is now only allowed between March 1 previously expressly regulated under waste materials can be salvaged.
through June 15 and October 1 through title 47 prior to 1995. Seen in that light, Because the availability of alternative
October 31, rather than from October 1 the regulation of forest slash open disposal options mitigates against
to June 15. The period of allowed burning on land not covered by the authorizing open burning under
residential open burning outside of the Oregon Smoke Management Plan would LRAPA’s rules, see LRAPA 47–001,
Eugene and Springfield city limits but be an increase in the stringency of the expanding the list of what can be

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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64349

considered as an alternative disposal 11, 2013 and became effective on 47–015, Open Burning Requirements;
method makes the rules more stringent. January 6, 2014. The rules were revised and 47–020, Letter Permits. As
With the exception of certain to improve the clarity and completeness discussed in Section II.A.5 above,
provisions discussed below in Section of contested case appeals coming before because the EPA’s authority to approve
II.A.5 that do not relate to the the Environmental Quality Commission. SIPs extends to provisions related to
requirements of section 110 of the CAA, Division 11 provides authority needed attainment and maintenance of the
the EPA approves the revisions to for implementing the SIP and is NAAQS and carrying out other specific
LRAPA 47–020 because the revisions do consistent with the CAA requirements requirements of section 110 of the CAA,
not interfere with attainment and for the issuance of permits and we are not approving into the SIP and
maintenance of the NAAQS or any other enforcement authority. The EPA is are removing from the SIP under the
applicable requirement of the CAA. therefore approving the revisions to authority of CAA section 110(k)(6) the
Division 11 submitted by the ODEQ, following provisions: The definition of
5. Summary Table subject to the qualifications discussed ‘‘nuisance’’ in LRAPA 47–010; LRAPA
LRAPA has removed the table is below in Section III. 47–015–1.D (currently in the SIP);
section 47–030, Summary of Seasons, 2. Division 12, Enforcement Procedures LRAPA 47–015–1.H; LRAPA 47–015–
Areas, and Permit Requirements for and Civil Penalties 6.B(5); LRAPA 47–020–3 (currently in
Open Burning. This table was a the SIP); LRAPA 47–020–9.I; LRAPA
summary of the text explaining what Division 12 contains enforcement 47–020–10 (first sentence currently in
type of burning was allowed in each procedures and civil penalty provisions the SIP).
area of Lane County. Removing this that apply across all programs
implemented by the ODEQ, including The EPA also approves revisions to
table has no impact on the stringency of OAR Chapter 340, Division 11, adopted
the rule. the air quality regulations that the EPA
has approved into the SIP. Division 12 on December 11, 2013 and submitted by
6. Rules Not Approved or Being provides the authority and procedures the ODEQ on June 30, 2014. The EPA
Removed From the SIP under which the ODEQ notifies is approving this division, however,
regulated entities of violations, only to the extent it relates to
Title 47 contains several provisions, implementation of requirements
both previously approved by the EPA determines the appropriate penalties for
violations, and assesses penalties for contained in the Oregon SIP. The EPA
into the Oregon SIP, and newly enacted is not incorporating these rules by
or revised provisions, that relate to such violations. The revisions to
Division 12 made by the ODEQ reference into the Code of Federal
nuisance, fire safety, or environmental Regulations, however, because the EPA
issues that do not relate to air quality. implement legislative increases in
statutory maximum penalties, align relies on its independent administrative
The EPA’s authority to approve SIPs and enforcement procedures under the
extends to provisions related to violation classifications and magnitudes
with ODEQ program priorities, provide CAA.
attainment and maintenance of the
greater mitigating credit for correcting The EPA also approves revisions to
NAAQS and carrying out other specific
violations, and make minor OAR Chapter 340, Division 12, adopted
requirements of section 110 of the CAA.
housekeeping changes. on December 11, 2013 and submitted by
Section 110(k)(6) of the CAA authorizes
The EPA has reviewed the revisions the ODEQ on June 30, 2014, except for
the EPA, upon a determination that the
to OAR Chapter 340, Division 12 and the following provisions that do not
EPA’s action approving, disapproving or
finds that these rules continue to relate to air emissions and were not
promulgating any SIP or plan revision
provide the ODEQ with adequate submitted by the ODEQ for approval:
(or any part thereof) was in error, to
authority for enforcing the SIP as OAR 340–012–0027,1 –0055, –0060,
revise such action as appropriate.
required by section 110 of the Clean Air –0065, –0066, –0067, –0068, –0071,
In this action, the EPA is not
Act and 40 CFR 50.230(b). Importantly, –0072, –0073, –0074, –0079, –0081,
approving into the SIP and is removing
OAR 340–012–0160(1) gives the ODEQ –0082, –0083, –0097. In addition, the
from the SIP the following provisions of
the discretion to increase a base penalty EPA is approving the remaining sections
title 47 that do not relate to attainment
to that derived using the next highest in Chapter 340, Division 12, only to the
and maintenance of the NAAQS or the
penalty matrix value and OAR 340– extent they relate to enforcement of
other requirements of section 110 the
012–0160(4) gives the ODEQ the requirements contained in the Oregon
CAA: The definition of ‘‘nuisance’’ in
discretion to deviate from the penalty SIP. Again, the EPA is not incorporating
LRAPA 47–010; LRAPA 47–015–1.D
matrices and assess penalties of $25,000 these rules by reference into the Code of
(currently in the SIP); LRAPA 47–015–
per day, per violation based on the facts Federal Regulations, however, because
1.H; LRAPA 47–015–6.B(5); LRAPA 47–
and circumstances of the individual the EPA relies on its independent
020–3 (currently in the SIP); LRAPA 47–
case. The EPA therefore approves into enforcement procedures and penalty
020–9.I; LRAPA 47–020–10 (first
the SIP the revisions to Division 12 provisions in bringing enforcement
sentence currently in the SIP).
submitted by the ODEQ, subject to the actions and assessing penalties under
B. ODEQ Chapter 340, Divisions 11 and qualifications discussed below in the CAA.
12 (June 30, 2014 Submittal) Section III. The EPA is not approving the
1. Division 11, Rules of General III. Final Action revisions to OAR 340–200–0040 in these
Applicability and Organization SIP submittals because these provisions
The EPA is taking the following address state SIP adoption procedures
Oregon’s June 30, 2014 submittal action on the revisions to LRAPA title and because the Federally-approved SIP
mstockstill on DSK4VPTVN1PROD with RULES

revises OAR Chapter 340, Division 11, 47, Open Burning, adopted on May 14, consists only of regulations and other
to align with the Oregon Attorney 2008, and submitted to the EPA by the requirements that have been submitted
General Model Rules, which address ODEQ on July 7, 2014. We approve the by the ODEQ and approved by the EPA.
procedures for filing and serving revisions to the following sections
documents in contested cases (appeals except as identified below: 47–001, 1 No such citation appears in Division 12, but
of ODEQ actions). These rule revisions General Policy; 47–005, Exemptions these provisions have not been submitted by the
were adopted by Oregon on December from These Rules; 47–010, Definitions; ODEQ in any event.

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64350 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations

IV. Incorporation by Reference Technology Transfer and Advancement This action may not be challenged later
In this rule, the EPA is finalizing Act of 1995 (15 U.S.C. 272 note) because in proceedings to enforce its
regulatory text that includes application of those requirements would requirements. (See section 307(b)(2).)
incorporation by reference. In be inconsistent with the Clean Air Act;
List of Subjects in 40 CFR Part 52
accordance with requirements of 1 CFR and
• does not provide the EPA with the Environmental protection, Air
51.5, the EPA is incorporating by
discretionary authority to address, as pollution control, Intergovernmental
reference the ODEQ regulations
appropriate, disproportionate human relations, Incorporation by reference,
described in the amendments to 40 CFR
health or environmental effects, using Particulate matter, Reporting, and
part 52 set forth below. The EPA has
practicable and legally permissible recordkeeping requirements.
made, and will continue to make, these methods, under Executive Order 12898
documents generally available Dated: September 25, 2015.
(59 FR 7629, February 16, 1994).
electronically through The SIP is not approved to apply on Michelle L. Pirzadeh,
www.regulations.gov and/or in hard any Indian reservation land or in any Acting Regional Administrator, Region 10.
copy at the appropriate EPA office (see other area where the EPA or an Indian For the reasons stated in the
the ADDRESSES section of this preamble tribe has demonstrated that a tribe has preamble, 40 CFR part 52 is amended as
for more information). jurisdiction. In those areas of Indian follows:
V. Statutory and Executive Orders country, the rule does not have tribal
Reviews implications and will not impose PART 52—APPROVAL AND
substantial direct costs on tribal PROMULGATION OF
Under the Clean Air Act, the governments or preempt tribal law as IMPLEMENTATION PLANS
Administrator is required to approve a specified by Executive Order 13175 (65
SIP submission that complies with the FR 67249, November 9, 2000). ■ 1. The authority citation for Part 52
provisions of the Act and applicable The Congressional Review Act, 5 continues to read as follows:
Federal regulations. 42 U.S.C. 7410(k); U.S.C. 801 et seq., as added by the Small Authority: 42 U.S.C. 7401 et seq.
40 CFR 52.02(a). Thus, in reviewing SIP Business Regulatory Enforcement
submissions, the EPA’s role is to Fairness Act of 1996, generally provides Subpart MM—Oregon
approve state choices, provided that that before a rule may take effect, the
they meet the criteria of the Clean Air agency promulgating the rule must ■ 2. Section 52.1970 is amended:
Act. Accordingly, this action merely submit a rule report, which includes a ■ a. In paragraph (c) Table 4—EPA
approves state law as meeting Federal copy of the rule, to each House of the Approved Lane Regional Air Protection
requirements and does not impose Congress and to the Comptroller General Agency (LRAPA) Rules for Oregon by:
additional requirements beyond those of the United States. The EPA will ■ i. Revising entries 47–001, 47–005,
imposed by state law. For that reason, submit a report containing this action 47–010, 47–015, and 47–020.
this action: and other required information to the ■ ii. Removing the entry 47–030.
• Is not a ‘‘significant regulatory U.S. Senate, the U.S. House of ■ b. In paragraph (e) table titled ‘‘Oregon
action’’ subject to review by the Office Representatives, and the Comptroller Administrative Rules Approved, But
of Management and Budget under General of the United States prior to Not Incorporated By Reference’’ by:
Executive Orders 12866 (58 FR 51735, publication of the rule in the Federal ■ i. Revising entry 011–0005.
October 4, 1993) and 13563 (76 FR 3821, Register. A major rule cannot take effect
■ ii. Adding entries 011–0010, 011–
January 21, 2011); until 60 days after it is published in the
• does not impose an information 0024, 011–0029, 011–0046, 011–0053,
Federal Register. This action is not a
collection burden under the provisions 011–0061, 011–0310, 011–0330, 011–
‘‘major rule’’ as defined by 5 U.S.C.
of the Paperwork Reduction Act (44 0340, 011–0360, 011–0370, 011–0380,
804(2).
U.S.C. 3501 et seq.); Under section 307(b)(1) of the Clean 011–0390, and 011–0500 in numerical
• is certified as not having a Air Act, petitions for judicial review of order.
significant economic impact on a this action must be filed in the United ■ iii. Revising entries 011–0510 and
substantial number of small entities States Court of Appeals for the 011–0515.
under the Regulatory Flexibility Act (5 appropriate circuit by December 22, ■ iv. Adding entries 011–0520, 011–
U.S.C. 601 et seq.); 2015. Filing a petition for 0525, 011–0530, 011–0535, 011–0540,
• does not contain any unfunded reconsideration by the Administrator of 011–0545, 011–0550, 011–0555, 011–
mandate or significantly or uniquely this final rule does not affect the finality 0565, and 011–0570 in numerical order.
affect small governments, as described of this action for the purposes of judicial ■ v. Revising entries 011–0573 and 011–
in the Unfunded Mandates Reform Act review nor does it extend the time 0575.
of 1995 (Pub. L. 104–4); within which a petition for judicial ■ vi. Adding entries 011–0580 and 011–
• does not have Federalism review may be filed, and shall not 0585 in numerical order.
implications as specified in Executive postpone the effectiveness of such rule ■ vii. Revising entries 012–0026, 012–
Order 13132 (64 FR 43255, August 10, or action. Parties with objections to this 0028, 012–0030, 012–0038, 012–0041,
1999); direct final rule are encouraged to file a 012–0045, 012–0053, 012–0054, 012–
• is not an economically significant comment in response to the parallel 0130, 012–0135, 012–0140, 012–0145,
regulatory action based on health or notice of proposed rulemaking for this 012–0150, 012–0155, 012–0160, 012–
safety risks subject to Executive Order action published in the proposed rules 0162, 012–0165, and 012–0170.
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13045 (62 FR 19885, April 23, 1997); section of today’s Federal Register, The revisions and additions read as
• is not a significant regulatory action rather than file an immediate petition follows:
subject to Executive Order 13211 (66 FR for judicial review of this direct final
28355, May 22, 2001); rule, so that the EPA can withdraw this § 52.1970 Identification of plan.
• is not subject to requirements of direct final rule and address the * * * * *
Section 12(d) of the National comment in the proposed rulemaking. (c) * * *

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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64351

TABLE 4—EPA APPROVED LANE REGIONAL AIR PROTECTION AGENCY (LRAPA) RULES FOR OREGON
State effective
LRAPA citation Title/subject EPA approval date Explanations
date

* * * * * * *

Title 47—Rules for Open Outdoor Burning

47–001 .............. General Policy ............................... 3/14/2008 10/23/2015, [Insert Federal Reg-
ister citation].
47–005 .............. Exemptions from these Rules ....... 3/14/2008 10/23/2015, [Insert Federal Reg-
ister citation].
47–010 .............. Definitions ..................................... 3/14/2008 10/23/2015, [Insert Federal Reg- Except the definition of ‘‘nui-
ister citation]. sance’’.
47–015 .............. Open Burning Requirements ........ 3/14/2008 10/23/2015, [Insert Federal Reg- Except 1.D, 1.H, and 6.B(5).
ister citation].
47–020 .............. Letter Permits ................................ 3/14/2008 10/23/2015, [Insert Federal Reg- Except 3, 9.I, and 10.
ister citation].

* * * * * * *

* * * * * (e) EPA Approved Nonregulatory
provisions and Quasi-Regulatory
Measures.

OREGON ADMINISTRATIVE RULES, APPROVED BUT NOT INCORPORATED BY REFERENCE
State effective
State citation Title/subject EPA approval date Explanations
date

Division 11—Rules of General Applicability and Organization

011–0005 .......... Definitions ..................................... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0010 .......... Notice of Rulemaking .................... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0024 .......... Rulemaking Process ..................... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0029 .......... Policy on Disclosure of the Rela- 1/6/2014 10/23/2015, [Insert Federal Reg-
tionship Between Proposed ister citation].
Rules and Federal Require-
ments.
011–0046 .......... Petition to Promulgate, Amend, or 1/6/2014 10/23/2015, [Insert Federal Reg-
Repeal Rule: Content of Peti- ister citation].
tion, Filing or Petition.
011–0053 .......... Periodic Rule Review .................... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0061 .......... Declaratory Ruling: Institution of 1/6/2014 10/23/2015, [Insert Federal Reg-
Proceedings, Consideration of ister citation].
Petition and Disposition of Peti-
tion.
011–0310 .......... Purpose ......................................... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0330 .......... Requests for Review or to Obtain 1/6/2014 10/23/2015, [Insert Federal Reg-
Copies of Public Records. ister citation].
011–0340 .......... Costs for Record Review and 1/6/2014 10/23/2015, [Insert Federal Reg-
Copying. ister citation].
011–0360 .......... Collecting Fees ............................. 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0370 .......... Certification of Copies of Records 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0380 .......... Fee Waivers and Reductions ....... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
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011–0390 .......... Exempt Records ........................... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0500 .......... Contested Case Proceedings 1/6/2014 10/23/2015, [Insert Federal Reg-
Generally. ister citation].
011–0510 .......... Agency Representation by Envi- 1/6/2014 10/23/2015, [Insert Federal Reg-
ronmental Law Specialist. ister citation].

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64352 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations

OREGON ADMINISTRATIVE RULES, APPROVED BUT NOT INCORPORATED BY REFERENCE—Continued
State effective
State citation Title/subject EPA approval date Explanations
date

011–0515 .......... Authorized Representative of a 1/6/2014 10/23/2015, [Insert Federal Reg-
Participant other than a Natural ister citation].
Person in a Contested Case
Hearing.
011–0520 .......... Liability for the Acts of a Person’s 1/6/2014 10/23/2015, [Insert Federal Reg-
Employees. ister citation].
011–0525 .......... Service and Filing of Documents .. 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0530 .......... Requests for Hearing .................... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0535 .......... Final Orders by Default ................. 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0540 .......... Consolidation or Bifurcation of 1/6/2014 10/23/2015, [Insert Federal Reg-
Contested Case Hearings. ister citation].
011–0545 .......... Burden and Standard of Proof in 1/6/2014 10/23/2015, [Insert Federal Reg-
Contested Case Hearings; DEQ ister citation].
Interpretation of Rules and Stat-
utory Terms.
011–0550 .......... Discovery ...................................... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0555 .......... Subpoenas .................................... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0565 .......... Immediate Review ........................ 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0570 .......... Permissible Scope of Hearing ...... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
011–0573 .......... Proposed Orders in Contested 1/6/2014 10/23/2015, [Insert Federal Reg-
Cases. ister citation].
011–0575 .......... Review of Proposed Orders in 1/6/2014 10/23/2015, [Insert Federal Reg-
Contested Cases. ister citation].
011–0580 .......... Petitions for Reconsideration or 1/6/2014 10/23/2015, [Insert Federal Reg-
Rehearing. ister citation].
011–0585 .......... Petitions for a Stay of the Effect of 1/6/2014 10/23/2015, [Insert Federal Reg-
a Final Order. ister citation].

Division 12—Enforcement Procedure and Civil Penalties

012–0026 .......... Policy ............................................. 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
012–0028 .......... Scope of Applicability .................... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
012–0030 .......... Definitions ..................................... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
012–0038 .......... Warning Letters, Pre-Enforcement 1/6/2014 10/23/2015, [Insert Federal Reg-
Notices and Notices of Permit ister citation].
Violation.
012–0041 .......... Formal Enforcement Actions ........ 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
012–0045 .......... Civil Penalty Determination Proce- 1/6/2014 10/23/2015, [Insert Federal Reg-
dure. ister citation].
012–0053 .......... Classification of Violations that 1/6/2014 10/23/2015, [Insert Federal Reg-
Apply to all Programs. ister citation].
012–0054 .......... Air Quality Classification of Viola- 1/6/2014 10/23/2015, [Insert Federal Reg-
tions. ister citation].
012–0130 .......... Determination of Violation Mag- 1/6/2014 10/23/2015, [Insert Federal Reg-
nitude. ister citation].
012–0135 .......... Selected Magnitude Categories .... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
012–0140 .......... Determination of Base Penalty ..... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
012–0145 .......... Determination of Aggravating or 1/6/2014 10/23/2015, [Insert Federal Reg-
Mitigating Factors. ister citation].
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012–0150 .......... Determination of Economic Benefit 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
012–0155 .......... Additional or Alternate Civil Pen- 1/6/2014 10/23/2015, [Insert Federal Reg-
alties. ister citation].
012–0160 .......... DEQ Discretion Regarding Penalty 1/6/2014 10/23/2015, [Insert Federal Reg-
Assessment. ister citation].
012–0162 .......... Inability to Pay the Penalty ........... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].

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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64353

OREGON ADMINISTRATIVE RULES, APPROVED BUT NOT INCORPORATED BY REFERENCE—Continued
State effective
State citation Title/subject EPA approval date Explanations
date

012–0165 .......... Stipulated Penalties ...................... 1/6/2014 10/23/2015, [Insert Federal Reg-
ister citation].
012–0170 .......... Compromise or Settlement of Civil 1/6/2014 10/23/2015, [Insert Federal Reg-
Penalty by DEQ. ister citation].

* * * * * regulations to reflect the IBIA’s new statutes and executive orders, since this
[FR Doc. 2015–26159 Filed 10–22–15; 8:45 am] street address. rule merely changes the street address
BILLING CODE 6560–50–P
II. Procedural Requirements for the IBIA.
Dated: August 17, 2015.
A. Determination To Issue Final Rule
Effective in Less Than 30 Days Robert G. McSwain,
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Deputy Director, Indian Health Service.
The Department has determined that
the public notice and comment Approved: October 9, 2015.
Indian Health Service provisions of the Administrative Sylvia M. Burwell,
Procedure Act, 5 U.S.C. 553(b), do not Secretary, Health and Human Services.
42 CFR Part 137 apply to this rulemaking because the
changes being made relate solely to For the reasons set forth in the
Change of Address for the Interior preamble, the Department, through the
matters of agency organization,
Board of Indian Appeals Indian Health Service amends subpart P
procedure, and practice. It, therefore,
AGENCY: Indian Health Service, Health satisfies the exemption from notice and of title 42 of the Code of Federal
and Human Services. comment rulemaking in 5 U.S.C. Regulations part 137 to read as follows:
ACTION: Final rule. 553(b)(A).
Moreover, the Department has PART 137 [AMENDED]
SUMMARY: The Department of Health and determined that there is good cause to
Human Services (HHS or the waive the requirement of publication 30 ■ 1. The authority citation for part 137
Department) is revising its regulations days in advance of the rule’s effective continues to read as follows:
governing administrative appeals to date under 5 U.S.C. 553(d). The error in
Authority: 25 U.S.C. 458 et seq.
reflect a change of address for the the IBIA’s location could cause
Interior Board of Indian Appeals (IBIA). misdirection of appeals. Thus, if the § 137.418 [Amended]
The IBIA moved to a new address at 801 changes in this rule were to become
North Quincy St., Suite 300, Arlington, effective 30 days after publication, it ■ 2. In § 137.418, revise ‘‘4015 Wilson
VA 22203 effective February 11, 2002. could cause further delays in processing Boulevard, Arlington, VA 22203’’ to
DATES: This rule is effective October 23,
appeals. Because an earlier effective read ‘‘801 North Quincy St., Suite 300,
2015. date benefits the public, there is good Arlington, VA 22203’’.
cause for making this rule effective in
FOR FURTHER INFORMATION CONTACT: Carl § 137.423 [Amended]
less than 30 days, as permitted by 5
Mitchell, Acting Director, Division of U.S.C. 553(d)(3).
Regulatory Affairs, Indian Health ■ 3. In § 137.423, revise ‘‘4015 Wilson
Service, 801 Thompson Avenue, B. Review Under Procedural Statutes Boulevard, Arlington, VA 22203’’ to
Rockville, Maryland 20852, Telephone: and Executive Orders read ‘‘801 North Quincy St., Suite 300,
(301) 443–1116. The Department has reviewed this Arlington, VA 22203’’.
SUPPLEMENTARY INFORMATION: rule under the following statutes and
§ 137.425 [Amended]
executive orders governing rulemaking
I. Background procedures: The Unfunded Mandates ■ 4. In § 137.425, in paragraph (b),
Through a two-person panel of Reform Act of 1995, 2 U.S.C. 1501 et revise ‘‘4015 Wilson Boulevard,
administrative judges, the Interior Board seq.; the Regulatory Flexibility Act, 5 Arlington, VA 22203’’ to read ‘‘801
of Indian Appeals (IBIA) has the U.S.C. 601 et seq.; the Small Business
North Quincy St., Suite 300, Arlington,
authority to consider appeals from Regulatory Enforcement Fairness Act of
VA 22203’’.
decisions of agency officials and 1996, 5 U.S.C. 801 et seq.; the
administrative law judges in cases Paperwork Reduction Act, 44 U.S.C. § 137.440 [Amended]
under the Indian Self-Determination 3501 et seq.; the National
and Education Assistance Act Environmental Policy Act of 1969, 42 ■ 5. In § 137.440, in paragraph (b),
(ISDEAA). Located within the U.S.C. 4321 et seq.; Executive Order revise ‘‘4015 Wilson Boulevard,
Department of Interior’s Office of 12630 (Takings); Executive Order 12866 Arlington, VA 22203’’ to read ‘‘801
Hearings and Appeals (OHA), IBIA is (Regulatory Planning and Review); North Quincy St., Suite 300, Arlington,
separate and independent from the Executive Order 12988 (Civil Justice VA 22203’’.
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Bureau of Indian Affairs (BIA) and the Reform); Executive Order 13132 [FR Doc. 2015–27025 Filed 10–22–15; 8:45 am]
Assistant Secretary—Indian Affairs. (Federalism); Executive Order 13175
BILLING CODE 4165–16–P
Effective February 11, 2002, the IBIA (Tribal Consultation); and Executive
was relocated to 801 North Quincy Order 13211 (Energy Impacts). The
Street, Arlington, Virginia. To avoid Department has determined that this
confusion with appeals, HHS is rule does not trigger any of the
updating its administrative appeals procedural requirements of those

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Document Created: 2015-12-14 15:32:28
Document Modified: 2015-12-14 15:32:28

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This rule is effective on December 22, 2015, without further notice, unless the EPA receives adverse comment by November 23, 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.
Contact		Keith A. Rose at (206) 553-1949,
FR Citation		80 FR 64346
CFR Associated		Environmental Protection; Air Pollution Control; Intergovernmental Relations; Incorporation by Reference; Particulate Matter; Reporting and Recordkeeping Requirements