81_FR_72918 81 FR 72714 - Partial Approval and Partial Disapproval of Attainment Plan for Oakridge, Oregon PM2.5

81 FR 72714 - Partial Approval and Partial Disapproval of Attainment Plan for Oakridge, Oregon PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 204 (October 21, 2016)

Page Range72714-72716
FR Document2016-25296

On December 12, 2012, the Oregon Department of Environmental Quality (ODEQ) submitted, on behalf of the Governor of Oregon, a State Implementation Plan (SIP) submission to address violations of the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers (PM<INF>2.5</INF>) for the Oakridge PM<INF>2.5</INF> nonattainment area (2012 SIP submission). The Lane Regional Air Protection Agency (LRAPA), in coordination with the ODEQ, developed the 2012 SIP submission for purposes of attaining the 2006 24-hour PM<INF>2.5</INF> NAAQS. On February 22, 2016, the ODEQ withdrew certain provisions of the 2012 SIP submission (2016 SIP withdrawal). The Environmental Protection Agency (EPA) has evaluated whether the remaining portions of the 2012 SIP submission meet the applicable Clean Air Act (CAA) requirements. Based on this evaluation, the EPA is finalizing partial approval and partial disapproval of the remaining portions of the 2012 SIP submission.

Federal Register, Volume 81 Issue 204 (Friday, October 21, 2016)
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72714-72716]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25296]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0004; FRL-9954-32-Region 10]


Partial Approval and Partial Disapproval of Attainment Plan for 
Oakridge, Oregon PM2.5 Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: On December 12, 2012, the Oregon Department of Environmental 
Quality (ODEQ) submitted, on behalf of the Governor of Oregon, a State 
Implementation Plan (SIP) submission to address violations of the 
National Ambient Air Quality Standards (NAAQS) for particulate matter 
with an aerodynamic diameter of less than or equal to a nominal 2.5 
micrometers (PM2.5) for the Oakridge PM2.5 
nonattainment area (2012 SIP submission). The Lane Regional Air 
Protection Agency (LRAPA), in coordination with the ODEQ, developed the 
2012 SIP submission for purposes of attaining the 2006 24-hour 
PM2.5 NAAQS. On February 22, 2016, the ODEQ withdrew certain 
provisions of the 2012 SIP submission (2016 SIP withdrawal). The 
Environmental Protection Agency (EPA) has evaluated whether the 
remaining portions of the 2012 SIP submission meet the applicable Clean 
Air Act (CAA) requirements. Based on this evaluation, the EPA is 
finalizing partial approval and partial disapproval of the remaining 
portions of the 2012 SIP submission.

DATES: This final rule is effective November 21, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2013-0004. 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, i.e., 
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, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Christi Duboiski at (360) 753-9081, 
[email protected] or by using the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background Information
II. Final Action
III. Consequences of a Disapproved SIP
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Background Information

    On July 28, 2016, the EPA proposed to partially approve and 
partially disapprove the attainment plan submitted by the ODEQ on 
December 12, 2012 (81 FR 49592). An explanation of the CAA attainment 
planning requirements, a detailed analysis of the submittal, and the 
EPA's reasons for proposing partial approval and partial disapproval 
were provided in the notice of proposed rulemaking, and will not be 
restated here. The public comment period for the proposed rule ended on 
August 29, 2016. The EPA received no comments on the proposal.

II. Final Action

    The EPA is finalizing approval of the following elements of the 
2012 SIP submission:
     Description of the Oakridge PM2.5 nonattainment 
area and listing of the area as nonattainment, and
     The base year 2008 emission inventory submitted to meet 
the CAA section 172(c)(3) requirement for emissions inventories.
    The EPA is finalizing disapproval of the following elements of the 
2012 SIP submission:
     The attainment year emission inventory submitted to meet 
the CAA section 172(c)(3) requirement for emissions inventories,
     the reasonably available control measures (RACM), 
including reasonably available control technology (RACT), submitted to 
meet the CAA sections 172(c)(1) and 189(a)(1)(C) requirements for 
control measures for moderate nonattainment areas,
     the attainment demonstration submitted to meet the CAA 
section 189(a)(1)(B) requirement for a demonstration that the plan will 
provide for attainment by the applicable attainment date,
     the motor vehicle emissions budget (MVEB) submitted to 
meet CAA section 176 requirement for transportation conformity,
     the demonstration of reasonable further progress (RFP) and 
quantitative milestones submitted to meet section 172(c)(2) and 189(c) 
requirements for RFP and quantitative milestones, and
     the contingency measures submitted to meet the section 
172(c)(9) requirement for the implementation of measures to be 
undertaken, without further action by the state or EPA, if the area 
fails to make RFP or attain the NAAQS by the applicable attainment 
date.

III. Consequences of a Disapproved SIP

    This section explains the consequences of a disapproved SIP 
submission required under the CAA. The Act provides for the imposition 
of sanctions and the promulgation of a federal implementation plan 
(FIP) if a state fails to submit, and the EPA approve, a plan revision 
that corrects the deficiencies identified by the EPA in its 
disapproval.

The Act's Provisions for Sanctions

    Once the EPA finalizes disapproval of a required SIP submission, 
such as an attainment plan submission, or a portion thereof, CAA 
section 179(a) provides for the imposition of sanctions, unless the 
deficiency is corrected within 18 months of the final rulemaking of 
disapproval. The first sanction would apply 18 months after the EPA 
disapproves the SIP submission, or portion thereof. Under the EPA's 
sanctions regulations at 40 CFR 52.31, the first sanction imposed would 
be 2:1 offsets for sources subject to the new source review 
requirements under section 173 of the CAA. If the state has still 
failed to submit a SIP submission to correct the identified 
deficiencies for which the EPA proposes full or conditional approval 6 
months after the first sanction is imposed, the second sanction will 
apply. The second sanction is a prohibition on the approval or funding 
certain highway projects.\1\
---------------------------------------------------------------------------

    \1\ On April 1, 1996 the US Department of Transportation 
published a notice in the Federal Register describing the criteria 
to be used to determine which highway projects can be funded or 
approved during the time that the highway sanction is imposed in an 
area. (See 61 FR 14363)

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[[Page 72715]]

Federal Implementation Plan Provisions That Apply if a State Fails To 
Submit an Approvable Plan

    In addition to sanctions, once the EPA finds that a state failed to 
submit the required SIP revision, or finalizes disapproval of the 
required SIP revision or a portion thereof, the EPA must promulgate a 
FIP no later than two years from the date of the finding--if the 
deficiency has not been corrected within that time period.

Ramifications Regarding Conformity

    One consequence of the EPA's action finalizing disapproval of a 
control strategy SIP submission is a conformity freeze.\2\ If the EPA 
finalizes disapproval of the attainment demonstration SIP without a 
protective finding, a conformity freeze will be in place as of the 
effective date of the disapproval (40 CFR 93.120(a)(2)).\3\ The 
Oakridge PM2.5 nonattainment area is an isolated rural area 
as defined in the transportation conformity rule (40 CFR 93.101). As 
such, it does not have a metropolitan planning organization (MPO), and 
there is no long range transportation plan or TIP that would be subject 
to a freeze. However, the freeze does mean that no projects in the 
Oakridge PM2.5 nonattainment area may be found to conform 
until another attainment demonstration SIP is submitted, and the motor 
vehicle emissions budgets are found adequate, or the attainment 
demonstration is approved.
---------------------------------------------------------------------------

    \2\ Control strategy SIP revisions as defined in the 
transportation conformity rules include reasonable further progress 
plans and attainment demonstrations (40 CFR 93.101).
    \3\ The EPA would give a protective finding if the submitted 
control strategy SIP contains adopted control measures, or written 
commitments to adopt enforceable control measures, that fully 
satisfy the emissions reductions requirements relevant to the 
statutory provision for which the implementation plan revision was 
submitted, such as reasonable further progress or attainment (40 CFR 
93.101 and 93.120(a)(2) and (3)). The submitted attainment plan for 
the Oakridge NAA does not contain all necessary controls to attain 
the 2006 24-hour PM2.5 NAAQS and therefore is not 
eligible for a protective finding.
---------------------------------------------------------------------------

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 finalizing the incorporation by reference of the 
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 http://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 Review

    Under the CAA, 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 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 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 20, 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) of the CAA).

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: October 6, 2016.
Dennis J. McLerran,
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.

[[Page 72716]]

Subpart MM--Oregon

0
2. In 52.1970 (c), amend Table 4--EPA Approved Lane Regional Air 
Protection Agency (LRAPA) Rules for Oregon by:
0
A. Revising the heading for Title 29; and
0
B. Revising entries 29-0010 and 29-0030.
    The revisions read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

               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 29--Designation of Air Quality Areas
----------------------------------------------------------------------------------------------------------------
29-0010.................  Definitions...........      10/18/2012  10/21/2016, [Insert     Except 1-5, 7-9, and
                                                                   Federal Register        11-15.
                                                                   citation].
29-0030.................  Designation of              10/18/2012  10/21/2016, [Insert
                           Nonattainment Areas.                    Federal Register
                                                                   citation].
 
                                                  * * * * * * *
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[FR Doc. 2016-25296 Filed 10-20-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  72714             Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations

                                                  [FR Doc. 2016–25441 Filed 10–20–16; 8:45 am]            Waste, EPA Region 10, 1200 Sixth                      provide for attainment by the applicable
                                                  BILLING CODE 6560–50–P                                  Avenue, Seattle, WA, 98101. The EPA                   attainment date,
                                                                                                          requests that, if at all possible, you                   • the motor vehicle emissions budget
                                                                                                          contact the individual listed in the FOR              (MVEB) submitted to meet CAA section
                                                  ENVIRONMENTAL PROTECTION                                FURTHER INFORMATION CONTACT section to
                                                  AGENCY                                                                                                        176 requirement for transportation
                                                                                                          view the hard copy of the docket. You
                                                                                                                                                                conformity,
                                                                                                          may view the hard copy of the docket
                                                  40 CFR Part 52                                          Monday through Friday, 8:30 a.m. to                      • the demonstration of reasonable
                                                  [EPA–R10–OAR–2013–0004; FRL–9954–32–                    4:30 p.m., excluding Federal holidays.                further progress (RFP) and quantitative
                                                  Region 10]                                              FOR FURTHER INFORMATION CONTACT:                      milestones submitted to meet section
                                                                                                          Christi Duboiski at (360) 753–9081,                   172(c)(2) and 189(c) requirements for
                                                  Partial Approval and Partial                                                                                  RFP and quantitative milestones, and
                                                                                                          duboiski.christi@epa.gov or by using the
                                                  Disapproval of Attainment Plan for
                                                                                                          above EPA, Region 10 address.                            • the contingency measures
                                                  Oakridge, Oregon PM2.5 Nonattainment
                                                  Area                                                    SUPPLEMENTARY INFORMATION:                            submitted to meet the section 172(c)(9)
                                                                                                                                                                requirement for the implementation of
                                                  AGENCY:  Environmental Protection                       Table of Contents                                     measures to be undertaken, without
                                                  Agency (EPA).                                           I. Background Information                             further action by the state or EPA, if the
                                                  ACTION: Final rule.                                     II. Final Action                                      area fails to make RFP or attain the
                                                                                                          III. Consequences of a Disapproved SIP                NAAQS by the applicable attainment
                                                  SUMMARY:    On December 12, 2012, the                   IV. Incorporation by Reference
                                                  Oregon Department of Environmental                      V. Statutory and Executive Orders Review
                                                                                                                                                                date.
                                                  Quality (ODEQ) submitted, on behalf of                                                                        III. Consequences of a Disapproved SIP
                                                                                                          I. Background Information
                                                  the Governor of Oregon, a State
                                                  Implementation Plan (SIP) submission                      On July 28, 2016, the EPA proposed                     This section explains the
                                                  to address violations of the National                   to partially approve and partially                    consequences of a disapproved SIP
                                                  Ambient Air Quality Standards                           disapprove the attainment plan                        submission required under the CAA.
                                                  (NAAQS) for particulate matter with an                  submitted by the ODEQ on December                     The Act provides for the imposition of
                                                  aerodynamic diameter of less than or                    12, 2012 (81 FR 49592). An explanation                sanctions and the promulgation of a
                                                  equal to a nominal 2.5 micrometers                      of the CAA attainment planning                        federal implementation plan (FIP) if a
                                                  (PM2.5) for the Oakridge PM2.5                          requirements, a detailed analysis of the              state fails to submit, and the EPA
                                                  nonattainment area (2012 SIP                            submittal, and the EPA’s reasons for                  approve, a plan revision that corrects
                                                  submission). The Lane Regional Air                      proposing partial approval and partial                the deficiencies identified by the EPA in
                                                  Protection Agency (LRAPA), in                           disapproval were provided in the notice               its disapproval.
                                                  coordination with the ODEQ, developed                   of proposed rulemaking, and will not be
                                                  the 2012 SIP submission for purposes of                 restated here. The public comment                     The Act’s Provisions for Sanctions
                                                  attaining the 2006 24-hour PM2.5                        period for the proposed rule ended on
                                                  NAAQS. On February 22, 2016, the                        August 29, 2016. The EPA received no                     Once the EPA finalizes disapproval of
                                                  ODEQ withdrew certain provisions of                     comments on the proposal.                             a required SIP submission, such as an
                                                  the 2012 SIP submission (2016 SIP                                                                             attainment plan submission, or a
                                                                                                          II. Final Action                                      portion thereof, CAA section 179(a)
                                                  withdrawal). The Environmental
                                                  Protection Agency (EPA) has evaluated                     The EPA is finalizing approval of the               provides for the imposition of sanctions,
                                                  whether the remaining portions of the                   following elements of the 2012 SIP                    unless the deficiency is corrected within
                                                  2012 SIP submission meet the                            submission:                                           18 months of the final rulemaking of
                                                  applicable Clean Air Act (CAA)                            • Description of the Oakridge PM2.5                 disapproval. The first sanction would
                                                  requirements. Based on this evaluation,                 nonattainment area and listing of the                 apply 18 months after the EPA
                                                  the EPA is finalizing partial approval                  area as nonattainment, and                            disapproves the SIP submission, or
                                                  and partial disapproval of the remaining                  • The base year 2008 emission                       portion thereof. Under the EPA’s
                                                  portions of the 2012 SIP submission.                    inventory submitted to meet the CAA                   sanctions regulations at 40 CFR 52.31,
                                                  DATES: This final rule is effective                     section 172(c)(3) requirement for                     the first sanction imposed would be 2:1
                                                  November 21, 2016.                                      emissions inventories.                                offsets for sources subject to the new
                                                  ADDRESSES: The EPA has established a                      The EPA is finalizing disapproval of                source review requirements under
                                                  docket for this action under Docket ID                  the following elements of the 2012 SIP                section 173 of the CAA. If the state has
                                                  No. EPA–R10–OAR–2013–0004. All                          submission:                                           still failed to submit a SIP submission
                                                  documents in the docket are listed on                     • The attainment year emission                      to correct the identified deficiencies for
                                                  the http://www.regulations.gov Web                      inventory submitted to meet the CAA                   which the EPA proposes full or
                                                  site. Although listed in the index, some                section 172(c)(3) requirement for                     conditional approval 6 months after the
                                                  information is not publicly available,                  emissions inventories,                                first sanction is imposed, the second
                                                  i.e., Confidential Business Information                   • the reasonably available control                  sanction will apply. The second
                                                  (CBI) or other information the disclosure               measures (RACM), including reasonably                 sanction is a prohibition on the
                                                  of which is restricted by statute. Certain              available control technology (RACT),                  approval or funding certain highway
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  other material, such as copyrighted                     submitted to meet the CAA sections                    projects.1
                                                  material, is not placed on the Internet                 172(c)(1) and 189(a)(1)(C) requirements
                                                  and will be publicly available only in                  for control measures for moderate
                                                  hard copy form. Publicly available                      nonattainment areas,                                    1 On April 1, 1996 the US Department of

                                                  docket materials are available either                     • the attainment demonstration                      Transportation published a notice in the Federal
                                                                                                                                                                Register describing the criteria to be used to
                                                  electronically through http://                          submitted to meet the CAA section                     determine which highway projects can be funded
                                                  www.regulations.gov or in hard copy at                  189(a)(1)(B) requirement for a                        or approved during the time that the highway
                                                  the Air Planning Unit, Office of Air and                demonstration that the plan will                      sanction is imposed in an area. (See 61 FR 14363)



                                             VerDate Sep<11>2014   16:30 Oct 20, 2016   Jkt 241001   PO 00000   Frm 00030   Fmt 4700   Sfmt 4700   E:\FR\FM\21OCR1.SGM   21OCR1


                                                                     Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations                                             72715

                                                  Federal Implementation Plan Provisions                  EPA office (see the ADDRESSES section of              country, the rule does not have tribal
                                                  That Apply if a State Fails To Submit                   this preamble for more information).                  implications and it will not impose
                                                  an Approvable Plan                                                                                            substantial direct costs on tribal
                                                                                                          V. Statutory and Executive Orders
                                                     In addition to sanctions, once the EPA                                                                     governments or preempt tribal law as
                                                                                                          Review
                                                  finds that a state failed to submit the                                                                       specified by Executive Order 13175 (65
                                                                                                             Under the CAA, the Administrator is                FR 67249, November 9, 2000).
                                                  required SIP revision, or finalizes                     required to approve a SIP submission
                                                  disapproval of the required SIP revision                                                                         The Congressional Review Act, 5
                                                                                                          that complies with the provisions of the
                                                  or a portion thereof, the EPA must                      Act and applicable Federal regulations.               U.S.C. 801 et seq., as added by the Small
                                                  promulgate a FIP no later than two years                42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Business Regulatory Enforcement
                                                  from the date of the finding—if the                     Thus, in reviewing SIP submissions, the               Fairness Act of 1996, generally provides
                                                  deficiency has not been corrected                       EPA’s role is to approve state choices,               that before a rule may take effect, the
                                                  within that time period.                                provided that they meet the criteria of               agency promulgating the rule must
                                                                                                          the CAA. Accordingly, this action                     submit a rule report, which includes a
                                                  Ramifications Regarding Conformity
                                                                                                          merely approves state law as meeting                  copy of the rule, to each House of the
                                                     One consequence of the EPA’s action                                                                        Congress and to the Comptroller General
                                                                                                          Federal requirements and does not
                                                  finalizing disapproval of a control                                                                           of the United States. The EPA will
                                                                                                          impose additional requirements beyond
                                                  strategy SIP submission is a conformity                                                                       submit a report containing this action
                                                                                                          those imposed by state law. For that
                                                  freeze.2 If the EPA finalizes disapproval                                                                     and other required information to the
                                                                                                          reason, this action:
                                                  of the attainment demonstration SIP                                                                           U.S. Senate, the U.S. House of
                                                                                                             • Is not a ‘‘significant regulatory
                                                  without a protective finding, a                                                                               Representatives, and the Comptroller
                                                                                                          action’’ subject to review by the Office
                                                  conformity freeze will be in place as of                                                                      General of the United States prior to
                                                                                                          of Management and Budget under
                                                  the effective date of the disapproval (40                                                                     publication of the rule in the Federal
                                                                                                          Executive Orders 12866 (58 FR 51735,
                                                  CFR 93.120(a)(2)).3 The Oakridge PM2.5                                                                        Register. A major rule cannot take effect
                                                                                                          October 4, 1993) and 13563 (76 FR 3821,
                                                  nonattainment area is an isolated rural                                                                       until 60 days after it is published in the
                                                                                                          January 21, 2011);
                                                  area as defined in the transportation                      • does not impose an information                   Federal Register. This action is not a
                                                  conformity rule (40 CFR 93.101). As                     collection burden under the provisions                ‘‘major rule’’ as defined by 5 U.S.C.
                                                  such, it does not have a metropolitan                   of the Paperwork Reduction Act (44                    804(2).
                                                  planning organization (MPO), and there                  U.S.C. 3501 et seq.);
                                                  is no long range transportation plan or                                                                          Under section 307(b)(1) of the CAA,
                                                                                                             • is certified as not having a                     petitions for judicial review of this
                                                  TIP that would be subject to a freeze.                  significant economic impact on a
                                                  However, the freeze does mean that no                                                                         action must be filed in the United States
                                                                                                          substantial number of small entities                  Court of Appeals for the appropriate
                                                  projects in the Oakridge PM2.5                          under the Regulatory Flexibility Act (5
                                                  nonattainment area may be found to                                                                            circuit by December 20, 2016. Filing a
                                                                                                          U.S.C. 601 et seq.);                                  petition for reconsideration by the
                                                  conform until another attainment                           • does not contain any unfunded
                                                  demonstration SIP is submitted, and the                                                                       Administrator of this final rule does not
                                                                                                          mandate or significantly or uniquely                  affect the finality of this action for the
                                                  motor vehicle emissions budgets are                     affect small governments, as described
                                                  found adequate, or the attainment                                                                             purposes of judicial review nor does it
                                                                                                          in the Unfunded Mandates Reform Act                   extend the time within which a petition
                                                  demonstration is approved.                              of 1995 (Pub. L. 104–4);                              for judicial review may be filed, and
                                                  IV. Incorporation by Reference                             • does not have Federalism
                                                                                                                                                                shall not postpone the effectiveness of
                                                                                                          implications as specified in Executive
                                                    In this rule, the EPA is finalizing                                                                         such rule or action. This action may not
                                                                                                          Order 13132 (64 FR 43255, August 10,
                                                  regulatory text that includes                                                                                 be challenged later in proceedings to
                                                                                                          1999);
                                                  incorporation by reference. In                             • is not an economically significant               enforce its requirements. (See section
                                                  accordance with requirements of 1 CFR                   regulatory action based on health or                  307(b)(2) of the CAA).
                                                  51.5, the EPA is finalizing the                         safety risks subject to Executive Order               List of Subjects in 40 CFR Part 52
                                                  incorporation by reference of the                       13045 (62 FR 19885, April 23, 1997);
                                                  regulations described in the                               • is not a significant regulatory action             Environmental protection, Air
                                                  amendments to 40 CFR part 52 set forth                  subject to Executive Order 13211 (66 FR               pollution control, Incorporation by
                                                  below. The EPA has made, and will                       28355, May 22, 2001);                                 reference, Nitrogen dioxide, Ozone,
                                                  continue to make, these documents                          • is not subject to requirements of                Particulate matter, Reporting and
                                                  generally available electronically                      Section 12(d) of the National                         recordkeeping requirements, Sulfur
                                                  through http://www.regulations.gov                      Technology Transfer and Advancement                   oxides, Volatile organic compounds.
                                                  and/or in hard copy at the appropriate                  Act of 1995 (15 U.S.C. 272 note) because
                                                                                                                                                                  Dated: October 6, 2016.
                                                                                                          application of those requirements would
                                                     2 Control strategy SIP revisions as defined in the   be inconsistent with the Clean Air Act;               Dennis J. McLerran,
                                                  transportation conformity rules include reasonable      and                                                   Regional Administrator, Region 10.
                                                  further progress plans and attainment
                                                                                                             • does not provide the EPA with the
                                                  demonstrations (40 CFR 93.101).                                                                                 For the reasons stated in the
                                                     3 The EPA would give a protective finding if the     discretionary authority to address, as
                                                                                                                                                                preamble, 40 CFR part 52 is amended as
                                                  submitted control strategy SIP contains adopted         appropriate, disproportionate human
                                                                                                                                                                follows:
                                                  control measures, or written commitments to adopt       health or environmental effects, using
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  enforceable control measures, that fully satisfy the    practicable and legally permissible
                                                  emissions reductions requirements relevant to the                                                             PART 52—APPROVAL AND
                                                  statutory provision for which the implementation        methods, under Executive Order 12898                  PROMULGATION OF
                                                  plan revision was submitted, such as reasonable         (59 FR 7629, February 16, 1994).                      IMPLEMENTATION PLANS
                                                  further progress or attainment (40 CFR 93.101 and          The SIP is not approved to apply on
                                                  93.120(a)(2) and (3)). The submitted attainment         any Indian reservation land or in any
                                                  plan for the Oakridge NAA does not contain all
                                                                                                          other area where the EPA or an Indian                 ■ 1. The authority citation for Part 52
                                                  necessary controls to attain the 2006 24-hour PM2.5                                                           continues to read as follows:
                                                  NAAQS and therefore is not eligible for a protective    tribe has demonstrated that a tribe has
                                                  finding.                                                jurisdiction. In those areas of Indian                    Authority: 42 U.S.C. 7401 et seq.



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                                                  72716              Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations

                                                  Subpart MM—Oregon                                                ■ A. Revising the heading for Title 29;                     § 52.1970    Identification of plan.
                                                                                                                   and                                                         *        *    *       *     *
                                                  ■2. In 52.1970 (c), amend Table 4—EPA                            ■ B. Revising entries 29–0010 and 29–
                                                  Approved Lane Regional Air Protection                            0030.                                                           (c) * * *
                                                  Agency (LRAPA) Rules for Oregon by:                                The revisions read as follows:

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


                                                            *                            *                             *                          *                       *                      *                      *

                                                                                                                     Title 29—Designation of Air Quality Areas

                                                  29–0010 .......    Definitions .......................................       10/18/2012     10/21/2016, [Insert Federal Reg-              Except 1–5, 7–9, and 11–15.
                                                                                                                                                ister citation].
                                                  29–0030 .......    Designation             of    Nonattainment               10/18/2012     10/21/2016, [Insert Federal Reg-
                                                                      Areas.                                                                    ister citation].

                                                            *                            *                             *                          *                       *                      *                      *



                                                  [FR Doc. 2016–25296 Filed 10–20–16; 8:45 am]                     under section 110 of the Clean Air Act                      rulemaking, we are taking final action
                                                  BILLING CODE 6560–50–P                                           (CAA).                                                      on revisions submitted in the January
                                                                                                                   DATES: This rule is effective on                            28, 2013 submittal to update the PSD
                                                                                                                   November 21, 2016.                                          rules; add PM2.5 methods of
                                                  ENVIRONMENTAL PROTECTION                                                                                                     measurement; revise permit fee
                                                                                                                   ADDRESSES: The EPA has established a
                                                  AGENCY                                                                                                                       processing; remove permitting fees for
                                                                                                                   docket for this action under Docket ID
                                                                                                                                                                               sources that operate an air monitoring
                                                  40 CFR Part 52                                                   No. EPA–R08–OAR–2013–0145. All
                                                                                                                                                                               site; and make clarifying changes. The
                                                                                                                   documents in the docket are listed on
                                                                                                                                                                               North Dakota State Health Council
                                                  [EPA–R08–OAR–2013–0145; FRL–9954–15–                             the http://www.regulations.gov Web
                                                                                                                                                                               adopted those amendments on August
                                                  Region 8]                                                        site. Although listed in the index, some
                                                                                                                                                                               14, 2012 (effective January 1, 2013). In
                                                                                                                   information is not publicly available,
                                                  Approval and Promulgation of Air                                                                                             addition, we are also taking final action
                                                                                                                   e.g., CBI or other information whose
                                                  Quality Implementation Plans; North                                                                                          on revisions submitted in the April 22,
                                                                                                                   disclosure is restricted by statute.
                                                  Dakota; Revisions to Air Pollution                                                                                           2014 submittal to update the PSD rules
                                                                                                                   Certain other material, such as
                                                  Control Rules                                                                                                                and the definition of ‘‘volatile organic
                                                                                                                   copyrighted material, is not placed on
                                                                                                                                                                               compounds’’; revise the PM2.5 state
                                                  AGENCY:  Environmental Protection                                the Internet and will be publicly
                                                                                                                                                                               ambient air quality standard and
                                                  Agency (EPA).                                                    available only in hard copy form.
                                                                                                                                                                               permissible open burning rule; and
                                                                                                                   Publicly available docket materials are
                                                  ACTION: Final rule.                                                                                                          clarify excess emissions reporting
                                                                                                                   available through http://
                                                                                                                                                                               requirements. The North Dakota State
                                                                                                                   www.regulations.gov, or please contact
                                                  SUMMARY:   The Environmental Protection                                                                                      Health Council adopted those
                                                                                                                   the person identified in the FOR FURTHER
                                                  Agency (EPA) is approving State                                                                                              amendments on February 11, 2014
                                                                                                                   INFORMATION CONTACT section for
                                                  Implementation Plan (SIP) revisions                                                                                          (effective April 1, 2014). The reasons for
                                                                                                                   additional availability information.
                                                  submitted by the State of North Dakota                                                                                       our approval are provided in detail in
                                                  on January 28, 2013 and April 22, 2014.                          FOR FURTHER INFORMATION CONTACT:                            the proposed rule.
                                                  The revisions are to Article 33–15 Air                           Jaslyn Dobrahner, Air Program, U.S.
                                                                                                                   Environmental Protection Agency                             II. Response to Comments
                                                  Pollution Control rules of the North
                                                  Dakota Administrative Code. The                                  (EPA), Region 8, Mail Code 8P–AR,                             We received no comments on our
                                                  revisions include amendments to                                  1595 Wynkoop Street, Denver, Colorado                       proposed rule.
                                                  update the Prevention of Significant                             80202–1129, (303) 312–6252,
                                                                                                                   dobrahner.jaslyn@epa.gov.                                   III. Final Action
                                                  Deterioration (PSD) rules and the
                                                  definition of ‘‘volatile organic                                 SUPPLEMENTARY INFORMATION:                                    For the reasons expressed in the
                                                  compounds’’; to add particulate matter                                                                                       proposed rule, EPA is approving
                                                                                                                   I. Background
                                                  less than 2.5 microns in diameter                                                                                            revisions to sections of the State’s Air
                                                  (PM2.5) methods of measurement; to                                 In our notice of proposed rulemaking                      Pollution Control rules from the January
                                                  modify the PM2.5 state ambient air                               published on August 25, 2016 (81 FR                         28, 2013 and April 22, 214 submittals.
                                                  quality standard, permissible open                               53438), EPA proposed to approve                             A comprehensive summary of the
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                                                  burning rule, and permit fee processes;                          revisions to Article 33–15 Air Pollution                    revisions in North Dakota’s Air
                                                  and, to remove permitting fees for                               Control rules of the North Dakota                           Pollution Control rules organized by the
                                                  sources that operate an air monitoring                           Administrative Code submitted by the                        EPA’s action, reason for ‘‘no action’’ and
                                                  site. The revisions also make clarifying                         State of North Dakota on January 28,                        submittal date are provided in Table 1
                                                  changes. This action is being taken                              2013 and April 22, 2014. In this                            and Table 2 below.




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Document Created: 2018-02-13 16:35:47
Document Modified: 2018-02-13 16:35:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective November 21, 2016.
ContactChristi Duboiski at (360) 753-9081,
FR Citation81 FR 72714 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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