AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule; administrative change.

SUMMARY:

The Environmental Protection Agency (EPA) is updating materials incorporated by reference (IBR) into the Oregon State Implementation Plan (SIP). The regulations affected by this update were previously submitted by the Oregon Department of Environmental Quality (ODEQ) and approved by the EPA. In this action the EPA is also notifying the public of corrections to typographical errors and rearranging the contents for clarity. In addition, the EPA is removing duplicative rules in the Code of Federal Regulations (CFR) for the State of Oregon to improve cost effectiveness and usability of the CFR. This update makes no substantive changes to the Oregon SIP and imposes no new requirements. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.

DATES:

This action is effective April 10, 2019.

ADDRESSES:

SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region 10, Office of Air and Waste (OAW-150), 1200 Sixth Avenue, Seattle, WA 98101; and the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: https://www.archives.gov/​federal-register/​cfr/​ibr-locations.html. To view the materials at the Region 10 Office, the EPA requests that you email the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT:

Christi Duboiski, EPA Region 10, 1200 6th Ave, Suite 155, Seattle, WA 98101, (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 EPA.

I. Background

The State Implementation Plan (SIP) is a living document a State revises as necessary to address its unique air pollution problems. Therefore, from time to time, the Environmental Protection Agency (EPA) must act on SIP revisions containing new and revised regulations, approving and incorporating them into the SIP. On May 22, 1997, the EPA revised the procedures for incorporating by reference federally-approved SIPs, as a result of consultation between the EPA and the Office of the Federal Register (OFR) (62 FR 27968). The description of the revised SIP document, the incorporation by reference (IBR) procedures and the “Identification of plan” format are discussed in further detail in the May 22, 1997, Federal Register document. On December 10, 2013, the EPA published a Federal Register document beginning the new IBR procedure for Oregon (78 FR 74012).

Since then, the EPA has approved and incorporated by reference several provisions of the Oregon Revised Statutes (ORS), Oregon Administrative Rules (OAR), Lane Regional Clean Air Protection Agency (LRAPA) rules, and City and County Ordinances into the Oregon SIP. The following Federal Register documents contain information on each approved action: 79 FR 29359, May 22, 2014; 79 FR 35693, June 24, 2014; 80 FR 2313, January 16, 2015; 80 FR 44864, July 28, 2015; 80 FR 45431, July 30, 2015; 80 FR 51470, August 25, 2015; 80 FR 64346, October 23, 2015; 80 FR 65655, October 27, 2015; 80 FR 79266, December 21, 2015; 81 FR 30181, May 16, 2016; 81 FR 36176, June 6, 2016; 81 FR 46612, July 18, 2016; 81 FR 47029, July 20, 2016; 81 FR 72714, October 21, 2016; 82 FR 47122, October 11, 2017; 83 FR 5537, February 8, 2018; 83 FR 22853, May 17, 2018; 83 FR 24034, May 24, 2018; 83 FR 47073, September 18, 2018; 83 FR 50274, October 5, 2018 and 83 FR 63579, December 11, 2018.

II. EPA Action

This action represents the EPA's publication of the Oregon SIP update, appearing in 40 CFR part 52, subpart MM, as of March 1, 2019. The EPA is correcting minor typographical errors throughout, making formatting changes to the IBR tables in § 52.1970(c) and (d) and rearranging and republishing the contents of § 52.1970(e). This administrative action constitutes a “housekeeping” exercise to ensure all revisions to the State programs that have occurred are accurately reflected in 40 CFR part 52 and typographical errors are corrected. In this action, the EPA is doing the following:

A. Section 52.1970(b)

1. Revising text to announce an update to the IBR material with an approval date prior to March 1, 2019.

2. Revising text to update the addresses at which the public can inspect the IBR materials.

B. Section 52.1970(c), Table 2

1. Correcting several Federal Register citations to reflect the first page of the preamble, as opposed to the regulatory text page.

2. Correcting entry 209-0070 Hearing Procedures by moving it from § 52.1970(c) table 2 to § 52.1970(e) table 2. On March 22, 2017, the EPA proposed to approve OAR 340-209-0070, but not incorporate it by reference to avoid confusion or potential conflict with the EPA's independent authorities (82 FR 14654). However, in the final Federal Register document, the EPA incorporated by reference OAR 340-209-0070 in error (82 FR 47122, March 11, 2017).

3. Correcting rule exceptions listed in the explanation column but inadvertently associated with incorrect entries. The exceptions for entry 244-0244 is corrected to be aligned with entry 244-0240, and the exceptions for entry 244-0248 is corrected to be aligned with entry 244-0242 (80 FR 65655, October 27, 2015, footnotes 6 and 7 on page 65658).

4. Adding a footnote to clarify that EPA's approval is limited to the extent the provisions relate to section 110 of the CAA and determining compliance with and for the purposes of implementation of SIP-approved requirements.

C. Section 52.1970(c), Table 3

1. Correcting and clarifying dates for EPA-approved city and county ordinances.

D. Section 52.1970(d)

1. Changing the section title and a column heading to better reflect content.

2. Adding a footnote to explain the EPA's authority to remove source-specific requirements.

3. Removing permit expiration dates that were inadvertently included.

4. Reorganizing entries to appear in chronological order based on the EPA approval dates.

5. Providing clarification to permit conditions cited as approved for Cascade General and White Consolidated Inc. (62 FR 10455, March 7, 1997).

E. Section 52.1970(e)

1. Reformatting sections by tables (tables 1-5) and republishing content.

2. Revising table titles and column headings to better reflect content.

3. Adding entry 209-0070 Hearing Procedures to table 2. See section II.B.2. for detailed explanation.

4. Providing additional clarification in table 5, section 4 for the 2012 PM_2.5 Attainment Plan for Oakridge-Westfir to reflect our approval of the Oakridge-Westfir attainment date extension (81 FR 46612, July 18, 2016).

Finally, as part of this general “housekeeping” exercise, the following sections of 40 CFR part 52, subpart MM, have been relocated to § 52.1970(e), nonregulatory provisions that are approved but not incorporated by reference; § 52.1989 “Interstate Transport for the 1997 8-hour ozone NAAQS and 1997 PM_2.5 NAAQS”, § 52.1990 “Interstate Transport for the 2006 24-hour PM_2.5 NAAQS”, and § 52.1991 “Section 110(a)(2) infrastructure requirements”. The EPA has determined §§ 52.1989, 52.1990 and 52.1991 are duplicative of the reorganized “Identification of plan” section in 40 CFR 52.1970(e). Therefore, the EPA is removing and reserving §§ 52.1989, 52.1990 and 52.1991.

The EPA has determined that this action falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA), which, upon finding “good cause,” authorizes agencies to dispense with public participation, and section 553(d)(3) of the APA, which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs appearing in the CFR. Under section 553 of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment for this administrative action is “unnecessary” and “contrary to the public interest” since the codification only reflects existing law. Immediate notice of this action in the Federal Register benefits the public by providing the public notice of the updated Oregon SIP compilation in 40 CFR part 52, subpart MM, notice of typographical corrections to the “Identification of Plan” § 52.1970 (which includes table entry corrections), incorporation of material from §§ 52.1989, 52.1990 and 52.1992 into § 52.1970(e) and removal of duplicative material, and reorganization of tables in § 52.1970(e).

III. 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 previously EPA-approved regulations promulgated by Oregon described in the amendments to 40 CFR part 52 set forth below and Federally-approved prior to March 1, 2019. The EPA has made, and will continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region 10 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

IV. Statutory and Executive Order Reviews

Under the Clean Air Act (CAA), the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the CAA. This notification of administrative change 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);
• 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 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this rule 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).

The EPA also believes the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Oregon SIP compilations previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, the EPA sees no need in this action to reopen the 60-day period for filing such petitions for judicial review for this “Identification of plan” update action for Oregon.

List of Subjects in 40 CFR Part 52

• Environmental protection
• Air pollution control
• Carbon monoxide
• Incorporation by reference
• Intergovernmental relations
• Lead
• Nitrogen dioxide
• Ozone
• Particulate matter
• Reporting and record keeping requirements
• Sulfur oxides
• Volatile organic compounds

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

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

PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart MM—Oregon

2. Amend § 52.1970 by revising paragraphs (b) through (e) to read as follows:

3. Sections 52.1989 through 52.1992 are removed and reserved.