81 FR 46612 - Extension of the Attainment Date for the Oakridge, Oregon 24-hour PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 137 (July 18, 2016)

Page Range		46612-46613
FR Document		2016-16789

The Environmental Protection Agency (EPA) is finalizing its decision to grant a 1-year extension of the attainment date for the Oakridge, Oregon nonattainment area to meet the 2006 24-hour PM<INF>2.5</INF> NAAQS from December 31, 2015 to December 31, 2016, on the basis that the State has met the criteria for such an extension under the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 137 (Monday, July 18, 2016)

[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Rules and Regulations]
[Pages 46612-46613]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16789]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0051; FRL--9949-18-Region 10]


Extension of the Attainment Date for the Oakridge, Oregon 24-hour 
PM2.5 Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing its 
decision to grant a 1-year extension of the attainment date for the 
Oakridge, Oregon nonattainment area to meet the 2006 24-hour 
PM2.5 NAAQS from December 31, 2015 to December 31, 2016, on 
the basis that the State has met the criteria for such an extension 
under the Clean Air Act (CAA).

DATES: This final rule is effective August 17, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2016-0051. 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 Planning Unit, Office of 
Air and Waste, 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: For information please contact Justin 
Spenillo at (206) 553-6125, [email protected] or by using 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 May 18, 2016, the EPA proposed to grant a 1-year extension of 
the attainment date for the Oakridge, Oregon nonattainment area to meet 
the 2006 24-hour PM2.5 NAAQS from December 31, 2015 to 
December 31, 2016, on the basis that the State has met the criteria for 
such an extension under the CAA (81 FR 31202). An explanation of the 
CAA requirements, a detailed analysis of the submittal, and the EPA's 
reasons for proposing 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 June 17, 2016. The EPA received no 
comments on the proposal.

II. Final Action

    The EPA finds that the State has met the criteria for receiving a 
1-year extension to the Moderate area attainment date for the 2006 
PM2.5 NAAQS for the Oakridge NAA as provided in section 
188(d) of the Act. The State is implementing the requirements and 
commitments in the applicable attainment plan for the PM2.5 
NAAQS in the area, and the 98th percentile 24-hour PM2.5 air 
quality value for 2015 is below 35 [mu]g/m\3\. Accordingly, the State 
has established that it meets the criteria of section 188(d) as the EPA 
interprets those requirements for purposes of the 2006

[[Page 46613]]

PM2.5 NAAQS. The EPA therefore exercises the discretion 
granted to the Administrator by section 188(d) of the CAA to extend the 
Moderate area attainment date for the Oakridge NAA from December 31, 
2015 to December 31, 2016.

III. Statutory and Executive Orders Review

    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 it 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 September 16, 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 7, 2016.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2016-16789 Filed 7-15-16; 8:45 am]
 BILLING CODE 6560-50-P

46612 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations

application of those requirements would Dated: June 30, 2016. e.g., Confidential Business Information
be inconsistent with the CAA; and, Deborah Jordan, (CBI) or other information the disclosure
• Does not provide the EPA with the Acting Regional Administrator, Region IX. of which is restricted by statute. Certain
discretionary authority to address, as other material, such as copyrighted
Chapter I, title 40 of the Code of
material, is not placed on the Internet
appropriate, disproportionate human Federal Regulations is amended as
and will be publicly available only in
health or environmental effects, using follows:
hard copy form. Publicly available
practicable and legally permissible docket materials are available either
methods, under Executive Order 12898 PART 52—APPROVAL AND
PROMULGATION OF electronically through http://
(59 FR 7629, February 16, 1994). www.regulations.gov or in hard copy at
IMPLEMENTATION PLANS
In addition, this final clean data the Air Planning Unit, Office of Air and
determination does not have tribal ■ 1. The authority citation for Part 52 Waste, EPA Region 10, 1200 Sixth
implications as specified by Executive continues to read as follows: Avenue, Seattle, WA 98101. The EPA
Order 13175 (65 FR 67249, November 9, requests that if at all possible, you
Authority: 42 U.S.C. 7401 et seq.
2000) because the SIP obligations contact the individual listed in the FOR
discussed herein do not apply to Indian Subpart F—California FURTHER INFORMATION CONTACT section to
Tribes, and thus will not impose view the hard copy of the docket. You
substantial direct costs on tribal ■ 2. Section 52.282 is amended by may view the hard copy of the docket
governments or preempt tribal law. adding paragraph (h) to read as follows: Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding Federal holidays.
The Congressional Review Act, 5 § 52.282 Control strategy and regulations:
FOR FURTHER INFORMATION CONTACT: For
U.S.C. 801 et seq., as added by the Small Ozone
information please contact Justin
Business Regulatory Enforcement * * * * * Spenillo at (206) 553–6125,
Fairness Act of 1996, generally provides (h) Determination of attainment. EPA spenillo.justin@epa.gov or by using the
that before a rule may take effect, the has determined that, as of August 17, above EPA, Region 10 address.
agency promulgating the rule must 2016, the San Joaquin Valley 1-hour SUPPLEMENTARY INFORMATION:
submit a rule report, which includes a ozone nonattainment area has attained
copy of the rule, to each House of the the 1-hour ozone standard, based upon Table of Contents
Congress and to the Comptroller General sufficient, quality-assured and certified I. Background Information
of the United States. The EPA will ambient air quality monitoring data for II. Final Action
submit a report containing this action 2012–2014. III. Statutory and Executive Orders Review
[FR Doc. 2016–16792 Filed 7–15–16; 8:45 am]
and other required information to the I. Background Information
BILLING CODE 6560–50–P
U.S. Senate, the U.S. House of On May 18, 2016, the EPA proposed
Representatives, and the Comptroller to grant a 1-year extension of the
General of the United States prior to ENVIRONMENTAL PROTECTION attainment date for the Oakridge,
publication of the rule in the Federal AGENCY Oregon nonattainment area to meet the
Register. A major rule cannot take effect 2006 24-hour PM2.5 NAAQS from
until 60 days after it is published in the 40 CFR Part 52 December 31, 2015 to December 31,
Federal Register. This action is not a [EPA–R10–OAR–2016–0051; FRL—9949– 2016, on the basis that the State has met
‘‘major rule’’ as defined by 5 U.S.C. 18–Region 10] the criteria for such an extension under
804(2). the CAA (81 FR 31202). An explanation
Under section 307(b)(1) of the Clean Extension of the Attainment Date for of the CAA requirements, a detailed
Air Act, petitions for judicial review of the Oakridge, Oregon 24-hour PM2.5 analysis of the submittal, and the EPA’s
this action must be filed in the United Nonattainment Area reasons for proposing approval were
States Court of Appeals for the provided in the notice of proposed
AGENCY: Environmental Protection rulemaking, and will not be restated
appropriate circuit by September 16, Agency (EPA). here. The public comment period for
2016. Filing a petition for ACTION: Final rule. this proposed rule ended on June 17,
reconsideration by the Administrator of
SUMMARY: The Environmental Protection 2016. The EPA received no comments
this final rule does not affect the finality on the proposal.
of this action for the purposes of judicial Agency (EPA) is finalizing its decision
review nor does it extend the time to grant a 1-year extension of the II. Final Action
within which a petition for judicial attainment date for the Oakridge, The EPA finds that the State has met
review may be filed, and shall not Oregon nonattainment area to meet the the criteria for receiving a 1-year
postpone the effectiveness of such rule 2006 24-hour PM2.5 NAAQS from extension to the Moderate area
or action. This action may not be December 31, 2015 to December 31, attainment date for the 2006 PM2.5
challenged later in proceedings to 2016, on the basis that the State has met NAAQS for the Oakridge NAA as
enforce its requirements (see section the criteria for such an extension under provided in section 188(d) of the Act.
the Clean Air Act (CAA). The State is implementing the
307(b)(2)).
DATES: This final rule is effective August requirements and commitments in the
asabaliauskas on DSK3SPTVN1PROD with RULES

List of Subjects in 40 CFR Part 52 17, 2016. applicable attainment plan for the PM2.5
ADDRESSES: The EPA has established a NAAQS in the area, and the 98th
Environmental protection, Air
docket for this action under Docket ID percentile 24-hour PM2.5 air quality
pollution control, Incorporation by
No. EPA–R10–OAR–2016–0051. All value for 2015 is below 35 mg/m3.
reference, Intergovernmental relations,
documents in the docket are listed on Accordingly, the State has established
Oxides of nitrogen, Ozone, Volatile the http://www.regulations.gov Web that it meets the criteria of section
organic compounds. site. Although listed in the index, some 188(d) as the EPA interprets those
information is not publicly available, requirements for purposes of the 2006

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Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 46613

PM2.5 NAAQS. The EPA therefore methods, under Executive Order 12898 DEPARTMENT OF HEALTH AND
exercises the discretion granted to the (59 FR 7629, February 16, 1994). HUMAN SERVICES
Administrator by section 188(d) of the
CAA to extend the Moderate area The SIP is not approved to apply on any Office of the Secretary
attainment date for the Oakridge NAA Indian reservation land or in any other
from December 31, 2015 to December area where the EPA or an Indian tribe 45 CFR Part 92
31, 2016. has demonstrated that a tribe has
jurisdiction. In those areas of Indian [HHS–OCR–2015–0006]
III. Statutory and Executive Orders country, the rule does not have tribal
Review implications and it will not impose
RIN 0945–AA02
Under the Clean Air Act, the substantial direct costs on tribal
Administrator is required to approve a governments or preempt tribal law as Nondiscrimination in Health Programs
SIP submission that complies with the specified by Executive Order 13175 (65 and Activities; Correction
provisions of the Act and applicable FR 67249, November 9, 2000).
Federal regulations. 42 U.S.C. 7410(k); The Congressional Review Act, 5 AGENCY: Office of the Secretary (OS),
40 CFR 52.02(a). Thus, in reviewing SIP U.S.C. 801 et seq., as added by the Small HHS.
submissions, the EPA’s role is to Business Regulatory Enforcement ACTION: Final rule; correction.
approve state choices, provided that
Fairness Act of 1996, generally provides
they meet the criteria of the Clean Air SUMMARY: This document corrects a
that before a rule may take effect, the
Act. Accordingly, this action merely typographical error that appeared in the
agency promulgating the rule must
approves state law as meeting Federal final rule published in the Federal
requirements and does not impose submit a rule report, which includes a
Register on May 18, 2016, entitled
additional requirements beyond those copy of the rule, to each House of the
‘‘Nondiscrimination in Health Programs
imposed by state law. For that reason, Congress and to the Comptroller General
and Activities.’’
this action: of the United States. The EPA will
submit a report containing this action DATES: This correction is effective on
• Is not a ‘‘significant regulatory July 18, 2016.
action’’ subject to review by the Office and other required information to the
of Management and Budget under U.S. Senate, the U.S. House of FOR FURTHER INFORMATION CONTACT:
Executive Orders 12866 (58 FR 51735, Representatives, and the Comptroller Section 1557 mailbox at 1557@hhs.gov.
October 4, 1993) and 13563 (76 FR 3821, General of the United States prior to Eileen Hanrahan, (800) 368–1019 or
January 21, 2011); publication of the rule in the Federal (800) 537–7697 (TDD).
• does not impose an information Register. A major rule cannot take effect SUPPLEMENTARY INFORMATION:
collection burden under the provisions until 60 days after it is published in the
Federal Register. This action is not a I. Background
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.); ‘‘major rule’’ as defined by 5 U.S.C. In FR Doc. 2016–11458 of May 18,
• is certified as not having a 804(2). 2016 (81 FR 31375) (hereinafter referred
significant economic impact on a Under section 307(b)(1) of the Clean to as the Section 1557 final rule) there
substantial number of small entities Air Act, petitions for judicial review of is a typographical error that is discussed
under the Regulatory Flexibility Act (5 this action must be filed in the United in the ‘‘Summary of Error,’’ and further
U.S.C. 601 et seq.); States Court of Appeals for the identified and corrected in the
• does not contain any unfunded appropriate circuit by September 16, ‘‘Correction of Error’’ section below. The
mandate or significantly or uniquely 2016. Filing a petition for provision in this correction document is
affect small governments, as described reconsideration by the Administrator of effective as if it had been included in
in the Unfunded Mandates Reform Act this final rule does not affect the finality the Section 1557 final rule published in
of 1995 (Pub. L. 104–4); of this action for the purposes of judicial the Federal Register on May 18, 2016.
• does not have Federalism review nor does it extend the time II. Summary of Error
implications as specified in Executive
within which a petition for judicial
Order 13132 (64 FR 43255, August 10, On page 31473, in Appendix A to Part
review may be filed, and shall not
1999); 92—Sample Notice Informing
postpone the effectiveness of such rule
• is not an economically significant Individuals About Nondiscrimination
or action. This action may not be and Accessibility Requirements and
regulatory action based on health or
safety risks subject to Executive Order challenged later in proceedings to Sample Nondiscrimination Statement:
13045 (62 FR 19885, April 23, 1997); enforce its requirements. (See section Discrimination is Against the Law, the
• is not a significant regulatory action 307(b)(2)). telephone number provided for
subject to Executive Order 13211 (66 FR List of Subjects in 40 CFR Part 52 assistance with filing a civil rights
28355, May 22, 2001); complaint with the U.S. Department of
• is not subject to requirements of Environmental protection, Air Health and Human Services, Office for
Section 12(d) of the National pollution control, Incorporation by Civil Rights was incorrect. The correct
Technology Transfer and Advancement reference, Nitrogen dioxide, Ozone, telephone number is 800–368–1019.
Act of 1995 (15 U.S.C. 272 note) because Particulate matter, Reporting and
III. Correction of Error
asabaliauskas on DSK3SPTVN1PROD with RULES

application of those requirements would recordkeeping requirements, Sulfur
be inconsistent with the Clean Air Act; oxides, Volatile organic compounds. In FR Doc. 2016–11458 of May 18,
and 2016 (81 FR 31375), make the following
Dated: July 7, 2016.
• does not provide the EPA with the correction:
Michelle L. Pirzadeh,
discretionary authority to address, as 1. On page 31473, first column, first
appropriate, disproportionate human Acting Regional Administrator, Region 10. full paragraph, line 22, ‘‘1–800–868–
health or environmental effects, using [FR Doc. 2016–16789 Filed 7–15–16; 8:45 am] 1019’’ is corrected to read ‘‘1–800–368–
practicable and legally permissible BILLING CODE 6560–50–P 1019’’.

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Document Created: 2016-07-16 02:28:15
Document Modified: 2016-07-16 02:28:15

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 August 17, 2016.
Contact		For information please contact Justin Spenillo at (206) 553-6125, [email protected] or by using the
FR Citation		81 FR 46612
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds