80 FR 79266 - Approval and Promulgation of Implementation Plans; Oregon: Interstate Transport of Ozone

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 244 (December 21, 2015)

Page Range		79266-79267
FR Document		2015-31915

The Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. On June 28, 2010, the State of Oregon made a submittal to the Environmental Protection Agency (EPA) to address these requirements. The EPA is approving the submittal as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will contribute significantly to nonattainment or interfere with maintenance of the 2008 ozone National Ambient Air Quality Standard (NAAQS) in any other state.

Federal Register, Volume 80 Issue 244 (Monday, December 21, 2015)

[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Rules and Regulations]
[Pages 79266-79267]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-31915]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0259; FRL-9940-35-Region 10]

Approval and Promulgation of Implementation Plans; Oregon:
Interstate Transport of Ozone

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Clean Air Act (CAA) requires each State Implementation
Plan (SIP) to contain adequate provisions prohibiting air emissions
that will have certain adverse air quality effects in other states. On
June 28, 2010, the State of Oregon made a submittal to the
Environmental Protection Agency (EPA) to address these requirements.
The EPA is approving the submittal as meeting the requirement that each
SIP contain adequate provisions to prohibit emissions that will
contribute significantly to nonattainment or interfere with maintenance
of the 2008 ozone National Ambient Air Quality Standard (NAAQS) in any
other state.

DATES: This final rule is effective January 20, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2015-0259. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy at the Air Programs Unit, Office of
Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA,
98101. The EPA requests that if at all possible, you contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357,
hall.kristin@epa.gov, or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background Information
II. Final Action
III. Statutory and Executive Orders Review

I. Background Information

On October 27, 2015, the EPA proposed to approve Oregon's June 28,
2010 submittal as meeting the interstate transport requirements of CAA
section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS (80 FR 65680). An
explanation of the CAA requirements, a detailed analysis of the
submittal, and the EPA's reasons for approval were provided in the
notice of proposed rulemaking, and will not be restated here. The
public comment period for this proposed rule ended on November 27,
2015. The EPA received no comments on the proposal.

II. Final Action

The EPA is approving Oregon's June 28, 2010 submittal as meeting
the CAA section 110(a)(2)(D)(i)(I) interstate transport requirements
for the 2008 ozone NAAQS.

III. Statutory and Executive Orders Review

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).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,

[[Page 79267]]

November 9, 2000), nor will it impose substantial direct costs on
tribal governments or preempt tribal law.
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 February 19, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.

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

For the reasons set forth 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 52.1991 is amended by adding paragraph (d) to read as
follows:

Sec. 52.1991 Section 110(a)(2) infrastructure requirements.

* * * * *
(d) The EPA approves Oregon's June 28, 2010 submittal as meeting
the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone
NAAQS.

[FR Doc. 2015-31915 Filed 12-18-15; 8:45 am]
BILLING CODE 6560-50-P

79266 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Rules and Regulations

■ 2. Section 52.720 is amended by emissions that will contribute III. Statutory and Executive Orders
adding paragraph (c)(207) to read as significantly to nonattainment or Review
follows: interfere with maintenance of the 2008 Under the CAA, the Administrator is
ozone National Ambient Air Quality required to approve a SIP submission
§ 52.720 Identification of plan. Standard (NAAQS) in any other state.
* * * * * that complies with the provisions of the
(c) * * * DATES: This final rule is effective CAA and applicable Federal regulations.
(207) On September 3, 2014, Illinois January 20, 2016. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
submitted a variance to its regional haze ADDRESSES: The EPA has established a Thus, in reviewing SIP submissions, the
state implementation plan affecting the docket for this action under Docket ID EPA’s role is to approve state choices,
electrical generating units (EGUs) No. EPA–R10–OAR–2015–0259. All provided that they meet the criteria of
included in the Ameren Multi-Pollutant documents in the docket are listed on the CAA. Accordingly, this action
Standard Group (Ameren MPS Group). the http://www.regulations.gov Web merely approves state law as meeting
The Ameren MPS Group consists of five site. Although listed in the index, some Federal requirements and does not
facilities owned by Illinois Power information is not publicly available, impose additional requirements beyond
Holdings, LLC (IPH) and two facilities e.g., Confidential Business Information those imposed by state law. For that
owned by AmerenEnergy Medina Valley (CBI) or other information the disclosure reason, this action:
Cogen, LLC (Medina Valley). The IPH of which is restricted by statute. Certain • Is not a ‘‘significant regulatory
facilities included in the Ameren MPS other material, such as copyrighted action’’ subject to review by the Office
Group and subject to the variance material, is not placed on the Internet of Management and Budget under
include: Coffeen Energy Center and will be publicly available only in Executive Orders 12866 (58 FR 51735,
(Montgomery County), Duck Creek hard copy form. Publicly available October 4, 1993) and 13563 (76 FR 3821,
Energy Center (Fulton County), E.D. docket materials are available either January 21, 2011);
Edwards Energy Center (Peoria County), electronically through http:// • Does not impose an information
Joppa Energy Center (Massac County), www.regulations.gov or in hard copy at collection burden under the provisions
and Newton Energy Center (Jasper the Air Programs Unit, Office of Air, of the Paperwork Reduction Act (44
County). The Medina Valley facilities Waste and Toxics, EPA Region 10, 1200 U.S.C. 3501 et seq.);
included in the Ameren MPS Group and Sixth Avenue, Seattle, WA, 98101. The • Is certified as not having a
subject to the variance are the EPA requests that if at all possible, you significant economic impact on a
Meredosia Energy Center (Morgan contact the individual listed in the FOR substantial number of small entities
County) and the Hutsonville Energy FURTHER INFORMATION CONTACT section to
under the Regulatory Flexibility Act (5
Center (Crawford County). view the hard copy of the docket. You U.S.C. 601 et seq.);
(i) Incorporation by reference. may view the hard copy of the docket • Does not contain any unfunded
(A) Illinois Pollution Control Board Monday through Friday, 8:00 a.m. to mandate or significantly or uniquely
Order PCB 14–10, adopted on November 4:00 p.m., excluding Federal holidays. affect small governments, as described
21, 2013; Certificate of Acceptance, filed in the Unfunded Mandates Reform Act
FOR FURTHER INFORMATION CONTACT: of 1995 (Pub. L. 104–4);
with the Illinois Pollution Control Board
Clerk’s Office December 20, 2013.
Kristin Hall at (206) 553–6357, • Does not have Federalism
hall.kristin@epa.gov, or the above EPA, implications as specified in Executive
[FR Doc. 2015–31882 Filed 12–21–15; 8:45 am] Region 10 address. Order 13132 (64 FR 43255, August 10,
BILLING CODE 6560–50–P 1999);
SUPPLEMENTARY INFORMATION:
• Is not an economically significant
Table of Contents regulatory action based on health or
ENVIRONMENTAL PROTECTION safety risks subject to Executive Order
I. Background Information
AGENCY II. Final Action 13045 (62 FR 19885, April 23, 1997);
40 CFR Part 52
III. Statutory and Executive Orders Review • Is not a significant regulatory action
I. Background Information subject to Executive Order 13211 (66 FR
[EPA–R10–OAR–2015–0259; FRL–9940–35– 28355, May 22, 2001);
Region 10] On October 27, 2015, the EPA • Is not subject to requirements of
proposed to approve Oregon’s June 28, Section 12(d) of the National
Approval and Promulgation of 2010 submittal as meeting the interstate Technology Transfer and Advancement
Implementation Plans; Oregon: transport requirements of CAA section Act of 1995 (15 U.S.C. 272 note) because
Interstate Transport of Ozone 110(a)(2)(D)(i)(I) for the 2008 ozone this action does not involve technical
AGENCY: Environmental Protection NAAQS (80 FR 65680). An explanation standards; and
Agency. of the CAA requirements, a detailed • Does not provide the EPA with the
ACTION: Final rule. analysis of the submittal, and the EPA’s discretionary authority to address, as
reasons for approval were provided in appropriate, disproportionate human
SUMMARY: The Clean Air Act (CAA) the notice of proposed rulemaking, and health or environmental effects, using
requires each State Implementation Plan will not be restated here. The public practicable and legally permissible
(SIP) to contain adequate provisions comment period for this proposed rule methods, under Executive Order 12898
prohibiting air emissions that will have ended on November 27, 2015. The EPA (59 FR 7629, February 16, 1994).
certain adverse air quality effects in received no comments on the proposal. In addition, the SIP is not approved
other states. On June 28, 2010, the State to apply on any Indian reservation land
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II. Final Action
of Oregon made a submittal to the or in any other area where the EPA or
Environmental Protection Agency (EPA) The EPA is approving Oregon’s June an Indian tribe has demonstrated that a
to address these requirements. The EPA 28, 2010 submittal as meeting the CAA tribe has jurisdiction. In those areas of
is approving the submittal as meeting section 110(a)(2)(D)(i)(I) interstate Indian country, the rule does not have
the requirement that each SIP contain transport requirements for the 2008 tribal implications as specified by
adequate provisions to prohibit ozone NAAQS. Executive Order 13175 (65 FR 67249,

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Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Rules and Regulations 79267

November 9, 2000), nor will it impose § 52.1991 Section 110(a)(2) infrastructure DC 20460–0001; main telephone
substantial direct costs on tribal requirements. number: (703) 305–7090; email address:
governments or preempt tribal law. * * * * * RDFRNotices@epa.gov.
The Congressional Review Act, 5 (d) The EPA approves Oregon’s June SUPPLEMENTARY INFORMATION:
U.S.C. 801 et seq., as added by the Small 28, 2010 submittal as meeting the
requirements of CAA section I. General Information
Business Regulatory Enforcement
Fairness Act of 1996, generally provides 110(a)(2)(D)(i)(I) for the 2008 ozone A. Does this action apply to me?
that before a rule may take effect, the NAAQS.
You may be potentially affected by
agency promulgating the rule must [FR Doc. 2015–31915 Filed 12–18–15; 8:45 am]
this action if you are an agricultural
submit a rule report, which includes a BILLING CODE 6560–50–P producer, food manufacturer, or
copy of the rule, to each House of the pesticide manufacturer. The following
Congress and to the Comptroller General list of North American Industrial
of the United States. The EPA will ENVIRONMENTAL PROTECTION Classification System (NAICS) codes is
submit a report containing this action AGENCY not intended to be exhaustive, but rather
and other required information to the provides a guide to help readers
U.S. Senate, the U.S. House of 40 CFR Part 180
determine whether this document
Representatives, and the Comptroller [EPA–HQ–OPP–2014–0397; FRL–9937–18] applies to them. Potentially affected
General of the United States prior to entities may include:
publication of the rule in the Federal Pendimethalin; Pesticide Tolerances • Crop production (NAICS code 111).
Register. A major rule cannot take effect AGENCY: Environmental Protection • Animal production (NAICS code
until 60 days after it is published in the Agency (EPA). 112).
Federal Register. This action is not a
ACTION: Final rule.
• Food manufacturing (NAICS code
‘‘major rule’’ as defined by 5 U.S.C. 311).
804(2). SUMMARY: This regulation establishes • Pesticide manufacturing (NAICS
Under section 307(b)(1) of the CAA, tolerances for residues of pendimethalin code 32532).
petitions for judicial review of this in or on multiple commodities which B. How can I get electronic access to
action must be filed in the United States are identified and discussed later in this other related information?
Court of Appeals for the appropriate document. Interregional Research
circuit by February 19, 2016. Filing a Project Number 4 (IR–4) requested the You may access a frequently updated
petition for reconsideration by the tolerances associated with pesticide electronic version of EPA’s tolerance
Administrator of this final rule does not petition number (PP) 4E8282, and BASF regulations at 40 CFR part 180 through
affect the finality of this action for the requested the tolerances associated with the Government Printing Office’s e-CFR
purposes of judicial review nor does it (PP) 4F8261, under the Federal Food, site at http://www.ecfr.gov/cgi-bin/text-
extend the time within which a petition Drug, and Cosmetic Act (FFDCA). idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
for judicial review may be filed, and 40tab_02.tpl.
DATES: This regulation is effective
shall not postpone the effectiveness of December 21, 2015. Objections and C. How can I file an objection or hearing
such rule or action. This action may not requests for hearings must be received request?
be challenged later in proceedings to on or before February 19, 2016, and
enforce its requirements. See section Under FFDCA section 408(g), 21
must be filed in accordance with the U.S.C. 346a, any person may file an
307(b)(2). instructions provided in 40 CFR part objection to any aspect of this regulation
List of Subjects in 40 CFR Part 52 178 (see also Unit I.C. of the and may also request a hearing on those
SUPPLEMENTARY INFORMATION).
objections. You must file your objection
Environmental protection, Air ADDRESSES: The docket for this action, or request a hearing on this regulation
pollution control, Incorporation by identified by docket identification (ID) in accordance with the instructions
reference, Intergovernmental relations, number EPA–HQ–OPP–2014–0397, is provided in 40 CFR part 178. To ensure
Ozone, Reporting and recordkeeping available at http://www.regulations.gov proper receipt by EPA, you must
requirements. or at the Office of Pesticide Programs identify docket ID number EPA–HQ–
Dated: December 8, 2015. Regulatory Public Docket (OPP Docket) OPP–2014–0397 in the subject line on
Dennis J. McLerran, in the Environmental Protection Agency the first page of your submission. All
Regional Administrator, Region 10. Docket Center (EPA/DC), West William objections and requests for a hearing
Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be
For the reasons set forth in the Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or
preamble, 40 CFR part 52 is amended as 20460–0001. The Public Reading Room before February 19, 2016. Addresses for
follows: is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections
Monday through Friday, excluding legal and hearing requests are provided in 40
PART 52—APPROVAL AND holidays. The telephone number for the CFR 178.25(b).
PROMULGATION OF Public Reading Room is (202) 566–1744, In addition to filing an objection or
IMPLEMENTATION PLANS and the telephone number for the OPP hearing request with the Hearing Clerk
Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please
■ 1. The authority citation for part 52 the visitor instructions and additional submit a copy of the filing (excluding
continues to read as follows: information about the docket available any Confidential Business Information
Lhorne on DSK5TPTVN1PROD with RULES

Authority: 42 U.S.C. 7401 et seq. at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket.
FOR FURTHER INFORMATION CONTACT: Information not marked confidential
Subpart MM—Oregon Susan Lewis, Registration Division pursuant to 40 CFR part 2 may be
(7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior
■ 2. Section 52.1991 is amended by Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
adding paragraph (d) to read as follows: Pennsylvania Ave. NW., Washington, objection or hearing request, identified

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Document Created: 2015-12-19 02:57:39
Document Modified: 2015-12-19 02:57:39

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		Final rule.
Dates		This final rule is effective January 20, 2016.
Contact		Kristin Hall at (206) 553-6357,
FR Citation		80 FR 79266
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Reporting and Recordkeeping Requirements