83 FR 50867 - Air Plan Approval; Oregon; Removal of Obsolete Regulations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range		50867-50868
FR Document		2018-22010

The Environmental Protection Agency (EPA) is proposing removal of the outdated rules in the Code of Federal Regulations (CFR) for the State of Oregon because they are duplicative or obsolete. Removal of such material from the air program subparts is designed to improve cost effectiveness and usability of the CFR. The EPA is also proposing to make non-substantive revisions to reflect updated citations and correct a typographical error. This proposed action makes no substantive changes to the Oregon State Implementation Plan and imposes no new requirements.

Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)

[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Proposed Rules]
[Pages 50867-50868]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-22010]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0022; FRL-9985-25-Region 10]

Air Plan Approval; Oregon; Removal of Obsolete Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing removal
of the outdated rules in the Code of Federal Regulations (CFR) for the
State of Oregon because they are duplicative or obsolete. Removal of
such material from the air program subparts is designed to improve cost
effectiveness and usability of the CFR. The EPA is also proposing to
make non-substantive revisions to reflect updated citations and correct
a typographical error. This proposed action makes no substantive
changes to the Oregon State Implementation Plan and imposes no new
requirements.

DATES: Written comments must be received on or before November 9, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0022 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christi Duboiski, EPA Region 10, at
(360) 753-9081, or duboiski.christi@epa.gov.

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

I. Introduction

This action is being taken pursuant to Executive Order 13563--
Improving Regulation and Regulatory Review. It is intended to reduce
the number of pages in the Code of Federal Regulations (CFR) by
identifying those rules in 40 CFR part 52, subpart MM, for the State of
Oregon that are duplicative or obsolete. One aspect of the EPA's
proposed action removes historical information found in the ``Approval
of plans'' section in 40 CFR 52.1973, ``Original Identification of
plan'' section in 40 CFR 52.1974, ``Content of approved State submitted
implementation plan'' section in 40 CFR 52.1977, and ``Control
Strategy: Ozone'' section in 40 CFR 52.1982. These rules no longer have
any use or legal effect because they have been superseded by
subsequently approved state implementation plan (SIP) revisions or they
are no longer necessary because the EPA previously promulgated
administrative rule actions to replace these sections with summary
tables in 40 CFR 52.1970 (78 FR 74012, December 10, 2013). These
summary tables describe the regulations, source-specific actions, and
non-regulatory requirements that comprise the SIP.

II. Removal of Duplicative or Obsolete Rules and Non-Substantive
Changes to Certain Rules

The EPA reviewed the following regulations and found that they
should be removed or revised for the reasons set forth as follows:

A. Section 52.1973 Approval of Plans

As discussed above, this section is no longer necessary because the
EPA replaced the historical information contained in this section with
summary tables in Sec. 52.1970 (78 FR 74012, December 10, 2013). The
EPA reviewed Sec. 52.1973 to verify that all relevant historical
information in this section is contained in Sec. 52.1970. The EPA is
therefore proposing to remove Sec. 52.1973.

[[Page 50868]]

B. Section 52.1974 Original Identification of Plan Section

Sections 52.1974(b) and (c) of this section, originally designated
as 40 CFR 52.1970(b) and (c), contain historical information about the
EPA's approval actions for the Oregon SIP which occurred from January
25, 1972, until September 1, 2013. On December 10, 2013 (78 FR 74012),
the EPA reorganized the Identification of plan section (Sec. 52.1970)
for subpart MM by listing and summarizing Oregon's currently approved
SIP requirements in Sec. 52.1970(a) through (e). EPA is proposing to
remove Sec. 52.1974(b) and (c) because the EPA has determined it is no
longer necessary to codify the information found in these paragraphs.
Section 52.1974(a) is being amended to state that this historical
information will continue to be made available in the CFR annual
editions, Title 40 part 52 (years 1996 through 2013). These annual
editions are available on line at the following url address: https://www.thefederalregister.org/fdsys/browse/collectionCfr.action?collectionCode=CFR.

C. Section 52.1977 Content of Approved State Submitted Implementation
Plan

As previously discussed, the EPA reorganized the Identification of
Plan section (Sec. 52.1970) for subpart MM by listing and summarizing
Oregon's currently approved SIP requirements in Sec. 52.1970(a)
through (e) (78 FR 74012, December 10, 2013). Section 52.1977, last
revised January 22, 2003 (68 FR 2904), is out of date and no longer
correct. Therefore, EPA is proposing to remove this section.

D. Section 52.1982 Control Strategy: Ozone

This section, last updated on January 22, 2003 (68 FR 2909), is out
of date. Current attainment and maintenance plan status for the Salem/
Portland and Medford/Ashland areas can be found in the summary tables
in Sec. 52.1970. The EPA reviewed Sec. 52.1982 to verify that all
relevant historical information in this section is contained in Sec.
52.1970. The outdated text of Sec. 52.1982(a) contains two
clarifications regarding implementation of the attainment plans. The
EPA and Oregon subsequently resolved both issues. The EPA recently
approved a revised version of Oregon Administrative Rule 340-232-
0160(6) (82 FR 47122, October 11, 2017), which incorporates the
requirement of Sec. 52.1982(a)(i). In the same October 11, 2017
action, the EPA also approved a revised version of Oregon
Administrative Rule 340-232-0060(1), which no longer contains the
language, ``in most cases.'' The EPA is therefore proposing to remove
Sec. 52.1982.

E. Section 52.1988 Air Contaminant Discharge Permits

This paragraph contains an incorrect rule citation cross reference.
The EPA is proposing to correct a typographical error and correct the
two citations from OAR 340-226-0040 to the correct citation, OAR 340-
226-0400.

III. Proposed Action

This proposed action is a ``housekeeping'' exercise that merely
recommends removal of duplicative or obsolete CFR provisions and
corrects a non-substantive typographical error. This proposed action
makes no substantive changes to the SIP. The EPA is proposing that the
above referenced rules should be removed and the typographical error
corrected, and that these changes be accurately reflected in 40 CFR
part 52, subpart MM for the State of Oregon. The EPA proposes removing
the duplicative or obsolete rules because they have been revised or
superseded by subsequently approved SIP revisions.

IV. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely removes duplicative or
obsolete rules and corrects non-substantive typographical errors and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 it does not involve technical standards; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

The proposed SIP would not be 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 proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.

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

Dated: September 27, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-22010 Filed 10-9-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules 50867

beyond those imposed by state law. For recordkeeping requirements, Sulfur information about CBI or multimedia
that reason, this action: oxides, Volatile organic compounds. submissions, and general guidance on
• Is not a ‘‘significant regulatory Authority: 42 U.S.C. 7401 et seq. making effective comments, please visit
action’’ subject to review by the Office http://www2.epa.gov/dockets/
of Management and Budget under Dated: October 3, 2018.
commenting-epa-dockets.
Executive Orders 12866 (58 FR 51735, Douglas Benevento,
FOR FURTHER INFORMATION CONTACT:
October 4, 1993) and 13563 (76 FR 3821, Regional Administrator, EPA Region 8.
Christi Duboiski, EPA Region 10, at
January 21, 2011); [FR Doc. 2018–21948 Filed 10–9–18; 8:45 am]
(360) 753–9081, or duboiski.christi@
• Is not an Executive Order 13771 (82 BILLING CODE 6560–50–P
epa.gov.
FR 9339, February 2, 2017) regulatory
action because SIP approvals are SUPPLEMENTARY INFORMATION:
exempted under Executive Order 12866; ENVIRONMENTAL PROTECTION Throughout this document, wherever
• Does not impose an information AGENCY ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is
collection burden under the provisions intended to refer to the EPA.
of the Paperwork Reduction Act (44 40 CFR Part 52
U.S.C. 3501 et seq.); I. Introduction
[EPA–R10–OAR–2018–0022; FRL–9985–25–
• Is certified as not having a Region 10] This action is being taken pursuant to
significant economic impact on a Executive Order 13563—Improving
substantial number of small entities Air Plan Approval; Oregon; Removal of Regulation and Regulatory Review. It is
under the Regulatory Flexibility Act (5 Obsolete Regulations intended to reduce the number of pages
U.S.C. 601 et seq.); in the Code of Federal Regulations
• Does not contain any unfunded AGENCY: Environmental Protection
Agency (EPA). (CFR) by identifying those rules in 40
mandate or significantly or uniquely CFR part 52, subpart MM, for the State
affect small governments, as described ACTION: Proposed rule.
of Oregon that are duplicative or
in the Unfunded Mandates Reform Act SUMMARY: The Environmental Protection obsolete. One aspect of the EPA’s
of 1995 (Pub. L. 104–4); Agency (EPA) is proposing removal of proposed action removes historical
• Does not have federalism the outdated rules in the Code of information found in the ‘‘Approval of
implications as specified in Executive Federal Regulations (CFR) for the State plans’’ section in 40 CFR 52.1973,
Order 13132 (64 FR 43255, August 10, of Oregon because they are duplicative ‘‘Original Identification of plan’’ section
1999); or obsolete. Removal of such material
• Is not an economically significant in 40 CFR 52.1974, ‘‘Content of
from the air program subparts is approved State submitted
regulatory action based on health or
designed to improve cost effectiveness implementation plan’’ section in 40 CFR
safety risks subject to Executive Order
and usability of the CFR. The EPA is 52.1977, and ‘‘Control Strategy: Ozone’’
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action also proposing to make non-substantive section in 40 CFR 52.1982. These rules
subject to Executive Order 13211 (66 FR revisions to reflect updated citations no longer have any use or legal effect
28355, May 22, 2001); and correct a typographical error. This because they have been superseded by
• Is not subject to requirements of proposed action makes no substantive subsequently approved state
section 12(d) of the National changes to the Oregon State implementation plan (SIP) revisions or
Technology Transfer and Advancement Implementation Plan and imposes no they are no longer necessary because the
Act of 1995 (15 U.S.C. 272 note) because new requirements. EPA previously promulgated
application of those requirements would DATES: Written comments must be administrative rule actions to replace
be inconsistent with the CAA; and received on or before November 9, 2018. these sections with summary tables in
• Does not provide EPA with the ADDRESSES: Submit your comments, 40 CFR 52.1970 (78 FR 74012, December
discretionary authority to address, as identified by Docket ID No. EPA–R10– 10, 2013). These summary tables
appropriate, disproportionate human OAR–2018–0022 at https:// describe the regulations, source-specific
health or environmental effects, using www.regulations.gov. Follow the online actions, and non-regulatory
practicable and legally permissible instructions for submitting comments. requirements that comprise the SIP.
methods, under Executive Order 12898 Once submitted, comments cannot be II. Removal of Duplicative or Obsolete
(59 FR 7629, February 16, 1994). edited or removed from Regulations.gov. Rules and Non-Substantive Changes to
In addition, the SIP is not approved to The EPA may publish any comment Certain Rules
apply on any Indian reservation land or received to its public docket. Do not
in any other area where EPA or an submit electronically any information The EPA reviewed the following
Indian tribe has demonstrated that a you consider to be Confidential regulations and found that they should
tribe has jurisdiction. In those areas of Business Information (CBI) or other be removed or revised for the reasons
Indian country, the proposed rule does information whose disclosure is set forth as follows:
not have tribal implications and will not restricted by statute. Multimedia A. Section 52.1973 Approval of Plans
impose substantial direct costs on tribal submissions (audio, video, etc.) must be
governments or preempt tribal law as accompanied by a written comment. As discussed above, this section is no
specified by Executive Order 13175 (65 The written comment is considered the longer necessary because the EPA
FR 67249, November 9, 2000). official comment and should include replaced the historical information
daltland on DSKBBV9HB2PROD with PROPOSALS

discussion of all points you wish to contained in this section with summary
List of Subjects in 40 CFR Part 52 make. The EPA will generally not tables in § 52.1970 (78 FR 74012,
Environmental protection, Air consider comments or comment December 10, 2013). The EPA reviewed
pollution control, Carbon monoxide, contents located outside of the primary § 52.1973 to verify that all relevant
Greenhouse gases, Incorporation by submission (i.e. on the web, cloud, or historical information in this section is
reference, Intergovernmental relations, other file sharing system). For contained in § 52.1970. The EPA is
Lead, Nitrogen dioxide, Ozone, additional submission methods, the full therefore proposing to remove
Particulate matter, Reporting and EPA public comment policy, § 52.1973.

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50868 Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules

B. Section 52.1974 Original which no longer contains the language, • Does not contain any unfunded
Identification of Plan Section ‘‘in most cases.’’ The EPA is therefore mandate or significantly or uniquely
Sections 52.1974(b) and (c) of this proposing to remove § 52.1982. affect small governments, as described
section, originally designated as 40 CFR E. Section 52.1988 Air Contaminant in the Unfunded Mandates Reform Act
52.1970(b) and (c), contain historical Discharge Permits of 1995 (Pub. L. 104–4);
information about the EPA’s approval This paragraph contains an incorrect • Does not have Federalism
actions for the Oregon SIP which rule citation cross reference. The EPA is implications as specified in Executive
occurred from January 25, 1972, until proposing to correct a typographical Order 13132 (64 FR 43255, August 10,
September 1, 2013. On December 10, error and correct the two citations from 1999);
2013 (78 FR 74012), the EPA OAR 340–226–0040 to the correct • Is not an economically significant
reorganized the Identification of plan citation, OAR 340–226–0400.
section (§ 52.1970) for subpart MM by regulatory action based on health or
listing and summarizing Oregon’s III. Proposed Action safety risks subject to Executive Order
currently approved SIP requirements in 13045 (62 FR 19885, April 23, 1997);
This proposed action is a
§ 52.1970(a) through (e). EPA is ‘‘housekeeping’’ exercise that merely • Is not a significant regulatory action
proposing to remove § 52.1974(b) and recommends removal of duplicative or subject to Executive Order 13211 (66 FR
(c) because the EPA has determined it obsolete CFR provisions and corrects a 28355, May 22, 2001);
is no longer necessary to codify the non-substantive typographical error. • Is not subject to requirements of
information found in these paragraphs. This proposed action makes no section 12(d) of the National
Section 52.1974(a) is being amended to substantive changes to the SIP. The EPA Technology Transfer and Advancement
state that this historical information will is proposing that the above referenced Act of 1995 (15 U.S.C. 272 note) because
continue to be made available in the rules should be removed and the it does not involve technical standards;
CFR annual editions, Title 40 part 52 typographical error corrected, and that
(years 1996 through 2013). These annual and
these changes be accurately reflected in
editions are available on line at the 40 CFR part 52, subpart MM for the • Does not provide the EPA with the
following url address: https:// State of Oregon. The EPA proposes discretionary authority to address, as
www.gpo.gov/fdsys/browse/collection removing the duplicative or obsolete appropriate, disproportionate human
Cfr.action?collectionCode=CFR. rules because they have been revised or health or environmental effects, using
superseded by subsequently approved practicable and legally permissible
C. Section 52.1977 Content of
Approved State Submitted SIP revisions. methods, under Executive Order 12898
Implementation Plan (59 FR 7629, February 16, 1994).
IV. Statutory and Executive Order
As previously discussed, the EPA Reviews The proposed SIP would not be
reorganized the Identification of Plan Under the Clean Air Act, the approved to apply on any Indian
section (§ 52.1970) for subpart MM by Administrator is required to approve a reservation land or in any other area
listing and summarizing Oregon’s SIP submission that complies with the where the EPA or an Indian tribe has
currently approved SIP requirements in provisions of the Act and applicable demonstrated that a tribe has
§ 52.1970(a) through (e) (78 FR 74012, Federal regulations. 42 U.S.C. 7410(k); jurisdiction. In those areas of Indian
December 10, 2013). Section 52.1977, 40 CFR 52.02(a). Thus, in reviewing SIP country, the proposed rule does not
last revised January 22, 2003 (68 FR submissions, the EPA’s role is to have tribal implications and will not
2904), is out of date and no longer approve state choices, provided that impose substantial direct costs on tribal
correct. Therefore, EPA is proposing to they meet the criteria of the Clean Air governments or preempt tribal law as
remove this section. Act. Accordingly, this proposed action specified by Executive Order 13175 (65
D. Section 52.1982 Control Strategy: merely removes duplicative or obsolete FR 67249, November 9, 2000).
Ozone rules and corrects non-substantive
typographical errors and does not List of Subjects in 40 CFR Part 52
This section, last updated on January impose additional requirements beyond
22, 2003 (68 FR 2909), is out of date. Environmental protection, Air
those imposed by state law. For that pollution control, Carbon monoxide,
Current attainment and maintenance reason, this proposed action: Incorporation by reference,
plan status for the Salem/Portland and • Is not a ‘‘significant regulatory
Medford/Ashland areas can be found in Intergovernmental relations, Nitrogen
action’’ subject to review by the Office
the summary tables in § 52.1970. The dioxide, Particulate matter, Reporting
of Management and Budget under
EPA reviewed § 52.1982 to verify that Executive Orders 12866 (58 FR 51735, and recordkeeping requirements, Sulfur
all relevant historical information in October 4, 1993) and 13563 (76 FR 3821, oxides, Volatile organic compounds.
this section is contained in § 52.1970. January 21, 2011); Authority: 42 U.S.C. 7401 et seq.
The outdated text of § 52.1982(a) • Is not an Executive Order 13771 (82 Dated: September 27, 2018.
contains two clarifications regarding FR 9339, February 2, 2017) regulatory
implementation of the attainment plans. action because SIP approvals are Chris Hladick,
The EPA and Oregon subsequently exempted under Executive Order 12866; Regional Administrator, Region 10.
resolved both issues. The EPA recently • Does not impose an information [FR Doc. 2018–22010 Filed 10–9–18; 8:45 am]
daltland on DSKBBV9HB2PROD with PROPOSALS

approved a revised version of Oregon collection burden under the provisions BILLING CODE 6560–50–P
Administrative Rule 340–232–0160(6) of the Paperwork Reduction Act (44
(82 FR 47122, October 11, 2017), which U.S.C. 3501 et seq.);
incorporates the requirement of • Is certified as not having a
§ 52.1982(a)(i). In the same October 11, significant economic impact on a
2017 action, the EPA also approved a substantial number of small entities
revised version of Oregon under the Regulatory Flexibility Act (5
Administrative Rule 340–232–0060(1), U.S.C. 601 et seq.);

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Document Created: 2018-10-10 17:36:18
Document Modified: 2018-10-10 17:36:18

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		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received on or before November 9, 2018.
Contact		Christi Duboiski, EPA Region 10, at (360) 753-9081, or [email protected]
FR Citation		83 FR 50867
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds