[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Rules and Regulations]
[Pages 58327-58330]
[FR Doc No: 2019-23517]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0426, FRL-10001-56-Region 10]

Air Plan Approval: Lane County, Oregon; 2019 Permitting Rule
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Oregon State Implementation Plan (SIP) submitted on
June 13, 2019. The revisions, applicable in Lane County, Oregon, update
regulations contained in the SIP to make minor syntax and renumbering
changes, add a reference to the electronic public notice option, and
update citations to reference materials such as the Code of Federal
Regulations (CFR) and the most recent Oregon Source Sampling Manual.
The EPA reviewed the submitted revisions and determined they are
consistent with Clean Air Act (CAA) requirements.

DATES: This final rule is effective December 2, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2019-0426. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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 at https://www.regulations.gov, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue, Suite 155, Seattle, WA 98101, at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it means the EPA.

I. Background

    On June 13, 2019, Oregon submitted revised Lane Regional Air
Protection Agency (LRAPA) regulations to the EPA for approval into the
Oregon SIP. On August 14, 2019, the EPA proposed to approve the
submitted changes (84 FR 40349). The reasons for our proposed approval
were stated in the proposed rule and will not be re-stated here. The
public comment period for our proposed action ended on September 13,
2019. We received no comments.

II. Final Action

    The EPA is approving, and incorporating by reference, the submitted
changes to the following regulations, State effective May 17, 2019:
     Title 12 General Provisions and Definitions (005, 020,
025);
     Title 31 Public Participation (0020, 0030, 0040, 0050);
and
     Title 37 Air Contaminant Discharge Permits (0010, 0020,
0030, 0040, 0090, 8020).
    These changes are approved only to the extent the requirements
apply to (1) pollutants for which National Ambient Air Quality
Standards (NAAQS) have been established (criteria pollutants) and
precursors to those criteria pollutants as determined by the EPA for
the applicable geographic area; and (2) any additional pollutants that
are required to be regulated under Part C of Title I of the CAA, but
only for the purposes of meeting or avoiding the requirements of Part C
of Title I of the CAA.
    The EPA is also approving, but not incorporating by reference, the
submitted changes to the following regulations, State effective May 17,
2019:
     Title 15 Enforcement Procedure and Civil Penalties (005,
018, 020, 025, 030, 045, 055, 060), only to the extent the rules relate
to enforcement of the requirements contained in the Oregon SIP.

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, we are finalizing the incorporation by reference as described in
the amendments to 40 CFR part 52 set forth below. 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). Therefore, these
materials have been approved by the EPA for inclusion in the SIP, have
been incorporated by reference by the EPA into that plan, are fully
federally-enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and will
be incorporated by reference in the next update to the SIP compilation.

IV. Oregon Notice Provision

    Oregon Revised Statute 468.126 prohibits the Oregon Department of
Environmental Quality from imposing a penalty for violation of an air,
water or solid waste permit unless the source has been provided five
days' advanced written notice of the violation and has not come into
compliance or submitted a compliance schedule within that five-day
period. By its terms, the statute does not apply to Oregon's title V
program or to any program if application of the notice provision would
disqualify the program from Federal delegation. Oregon has previously
confirmed that, because application of the notice provision would
preclude EPA approval of the Oregon SIP, no advance notice is required
for violation of SIP requirements.

V. Statutory and Executive Order Review

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     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 address 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 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 30, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: October 16, 2019.
Chris Hladick,
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.

Subpart MM--Oregon

0
2. In Sec.  52.1970:
0
a. Paragraph (c), Table 4, is amended by:
0
i. Removing undesignated center heading ``Title 12--Definitions'' and
adding in its place ``Title 12--General Provisions and Definitions'';
0
ii. Revising entries ``12-005'', ``12-020'', ``12-025'', ``31-0020'',
``31-0030'', ``31-0040'', ``31-0050'', ``37-0010'', ``37-0020'', ``37-
0030'', ``37-0040'', ``37-0090'', ``37-8020''; and
0
iii. Revising footnote number 1; and
0
b. Paragraph (e), Table 3, is amended by:
0
i. Removing undesignated center heading ``Title 15--Enforcement
Procedures and Civil Penalties'' and adding in its place ``Title 15--
Enforcement Procedure and Civil Penalties'' and adding a reference to
footnote number 1;
0
ii. Revising entries ``15-005'', ``15-018'', ``15-020'', ``15-025'',
``15-030'', ``15-045'', ``15-055'', and ``15-060''; and
0
iii. Adding footnote number 1 at the end of the table.
    The revisions and additions read as follows:

Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

              Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules for Oregon 1
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                                                        State
      LRAPA citation            Title/subject      effective date    EPA approval date         Explanations
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                                                  * * * * * * *
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                                  Title 12--General Provisions and Definitions
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                                                  * * * * * * *
12-005....................  Definitions..........      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
12-020....................  Exceptions...........      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
12-025....................  Reference Materials..      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
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                                         Title 31--Public Participation
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                                                  * * * * * * *
31-0020...................  Applicability........      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
31-0030...................  Public Notice              05/17/2019  10/31/2019, [Insert
                             Categories and                         Federal Register
                             Timing.                                citation].
31-0040...................  Public Notice              05/17/2019  10/31/2019, [Insert
                             Information.                           Federal Register
                                                                    citation].
31-0050...................  Public Notice              05/17/2019  10/31/2019, [Insert
                             Procedures.                            Federal Register
                                                                    citation].

                                                  * * * * * * *
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                                   Title 37--Air Contaminant Discharge Permits
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37-0010...................  Purpose..............      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
37-0020...................  Applicability and          05/17/2019  10/31/2019, [Insert
                             Jurisdiction.                          Federal Register
                                                                    citation].

                                                  * * * * * * *
37-0030...................  Definitions..........      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
37-0040...................  Application                05/17/2019  10/31/2019, [Insert
                             Requirements.                          Federal Register
                                                                    citation].

                                                  * * * * * * *
37-0090...................  Sources Subject to         05/17/2019  10/31/2019, [Insert
                             ACDPs and Fees.                        Federal Register
                                                                    citation].

                                                  * * * * * * *
37-8020...................  Table 2--Air               05/17/2019  10/31/2019, [Insert
                             Contaminant                            Federal Register
                             Discharge Permit.                      citation].

                                                  * * * * * * *
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\1\ The EPA approves the requirements in Table 2 of this paragraph (c) only to the extent they apply to (1)
  pollutants for which NAAQS have been established (criteria pollutants) and precursors to those criteria
  pollutants as determined by the EPA for the applicable geographic area; and (2) any additional pollutants that
  are required to be regulated under Part C of Title I of the CAA, but only for the purposes of meeting or
  avoiding the requirements of Part C of Title I of the CAA.

* * * * *
    (e) * * *

       Table 3--Lane Regional Air Protection Agency Regulations Approved But Not Incorporated by Reference
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                                                        State
      LRAPA citation            Title/subject         effective      EPA approval date         Explanations
                                                        date
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                                                  * * * * * * *
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                             Title 15--Enforcement Procedure and Civil Penalties \1\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
15-005....................  Definitions..........      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
15-018....................  Notice of Permit           05/17/2019  10/31/2019, [Insert
                             Violations (NPV) and                   Federal Register
                             Exceptions.                            citation].
15-020....................  Enforcement Actions..      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].
15-025....................  Civil Penalty              05/17/2019  10/31/2019, [Insert
                             Schedule Matrices.                     Federal Register
                                                                    citation].
15-030....................  Civil Penalty              05/17/2019  10/31/2019, [Insert
                             Determination                          Federal Register
                             Procedure                              citation].
                             (Mitigating and
                             Aggravating Factors).

                                                  * * * * * * *
15-045....................  Stipulated Penalties.      05/17/2019  10/31/2019, [Insert
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
15-055....................  Air Quality                05/17/2019  10/31/2019, [Insert
                             Classification of                      Federal Register
                             Violation.                             citation].

                                                  * * * * * * *
15-060....................  Selected Magnitude         05/17/2019  10/31/2019, [Insert
                             Categories.                            Federal Register
                                                                    citation].

                                                  * * * * * * *
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\1\ The EPA approves the provisions in Table 3 of this paragraph (e) only to the extent the provisions relate to
  enforcement of the requirements contained in the Oregon SIP.

* * * * *
[FR Doc. 2019-23517 Filed 10-30-19; 8:45 am]
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