[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Proposed Rules]
[Pages 8021-8028]
[FR Doc No: 2018-03675]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0056; FRL-9974-79-Region 10]

Air Plan Approval; OR: Infrastructure Requirements for the 2010
Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine Particulate Matter
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Whenever a new or revised National Ambient Air Quality
Standard (NAAQS) is promulgated, the Clean Air Act (CAA) requires
states to submit a plan for the implementation, maintenance, and
enforcement of the standard, commonly referred to as infrastructure
requirements. The Environmental Protection Agency (EPA) is proposing to
approve the Oregon State Implementation Plan (SIP) as meeting
infrastructure requirements for the 2010 nitrogen dioxide
(NO2), 2010 sulfur dioxide (SO2), and 2012 fine
particulate matter (PM2.5) NAAQS. The EPA is also proposing
to approve, and incorporate by reference, rule changes made by the
state to implement the PM2.5 NAAQS, relevant to this
infrastructure action, and also the ozone NAAQS, which is unrelated to
this action, but included for efficiency.

DATES: Comments must be received on or before March 26, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2016-0056, 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 the disclosure of which 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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kristin Hall, Air Planning Unit,
Office of Air and Waste (OAW-150), Environmental Protection Agency--
Region 10, 1200 Sixth Ave., Seattle, WA 98101; telephone number: (206)
553-6357; email address: [email protected].

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

Table of Contents

I. Background
II. Infrastructure Elements
III. EPA Approach to Review of Infrastructure SIP Submissions
IV. EPA Infrastructure Evaluation
V. Rule Revisions
VI. Proposed Action
VII. Incorporation by Reference
VIII. Statutory and Executive Orders Review

I. Background

    On January 22, 2010, the EPA established a primary NO2
NAAQS at 100 parts per billion (ppb), averaged over one hour,
supplementing the existing annual standard (75 FR 6474). Later that
year, on June 2, 2010, the EPA promulgated a revised primary
SO2 NAAQS at 75 ppb, based on a three-year average of the
annual 99th percentile of one-hour daily maximum concentrations (75 FR
35520). More recently, on December 14, 2012, the EPA lowered the level
of the primary annual PM2.5 NAAQS to 12 [mu]g/m\3\ and
retained the remaining particulate matter standards (January 15 2013,
78 FR 3086). Whenever a new or revised standard is promulgated, the CAA
requires states to submit a plan for the implementation, maintenance,
and enforcement of the standard, commonly referred to as infrastructure
requirements. On September 13, 2013, the EPA issued guidance to help
states address these infrastructure requirements (2013 Guidance).\1\ As
noted in the 2013 Guidance, to the extent an existing SIP already meets
the CAA section 110(a)(2) requirements, states may certify that fact in
their submission to the EPA.
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    \1\ Stephen D. Page, Director, Office of Air Quality Planning
and Standards. ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2).'' Memorandum to EPA Air Division Directors, Regions 1-10,
September 13, 2013.
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    On December 27, 2013, Oregon made an infrastructure SIP submission
for the 2010 NO2 and 2010 SO2 NAAQS.\2\ Later, on
October 20, 2015, Oregon made an infrastructure SIP submission for the
2012 PM2.5 NAAQS.\3\ Included in these submissions were
specific rule revisions made to implement the revised standards in
Oregon. For a detailed discussion of the submitted rule changes, please
see Section V. below.
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    \2\ The December 27, 2013, submission also addressed
infrastructure requirements for the 2008 lead (Pb) NAAQS. We
approved the Pb-related portion of the submission on June 24, 2014,
therefore, this action does not address the 2008 Pb NAAQS (79 FR
35693).
    \3\ The October 20, 2015, submission also addressed the
interstate transport requirements at CAA section 110(a)(2)(D) for
the 2010 NO2, 2010 SO2, and 2012
PM2.5 NAAQS. However, this action only addresses a
portion of the interstate transport requirements, specifically CAA
sections 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii). We intend to
address the remainder, CAA section 110(a)(2)(D)(i)(I), in a
separate, future action. See section 110(a)(2)(D) below.
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    As part of this action we are also addressing a SIP revision
submitted by Oregon on July 18, 2017. The July 18, 2017, submission
updated an Oregon rule to account for a change to the federal ozone
standard. We note that this update to the ozone standard in the Oregon
SIP is not relevant to our infrastructure action on the 2010
NO2, 2010 SO2, and 2012 PM2.5 NAAQS,
and is only being included in this action for efficiency. For a
detailed discussion of this rule change, please see Section V. below.

II. Infrastructure Elements

    CAA section 110(a)(1) provides the procedural and timing
requirements for SIP submissions after a new or revised NAAQS is
promulgated. CAA section 110(a)(2) lists specific elements that states
must meet for infrastructure SIP requirements related to a newly
established or revised NAAQS. The requirements, with corresponding CAA
subsections, are listed below:
     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control measures.
     110(a)(2)(D): Interstate transport.
     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the
applicable requirements of part D.
     110(a)(2)(J): Consultation with government officials;
public notification; and Prevention of Significant Deterioration (PSD)
and visibility protection.
     110(a)(2)(K): Air quality modeling/data.

     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local
entities.
    The EPA's 2013 Guidance restated our interpretation that two
elements are not governed by the three-year submission deadline in CAA
section 110(a)(1) because SIPs incorporating necessary local
nonattainment area controls are due on separate schedules, pursuant to
CAA section 172 and the various pollutant-specific subparts 2 through 5
of part D. These are submissions required by: (i) CAA section
110(a)(2)(C), to the extent that subsection refers to a permit program
as required in part D, title I of the CAA, and (ii) CAA section
110(a)(2)(I). As a result, this action does not address CAA section
110(a)(2)(C) with respect to nonattainment new source review (NSR) or
CAA section 110(a)(2)(I). The EPA has also determined that the CAA
section 110(a)(2)(J) provision on visibility is not triggered by a new
NAAQS because the visibility requirements in part C, title I of the CAA
are not changed by a new NAAQS.

III. EPA Approach To Review of Infrastructure SIP Submissions

    We are proposing to approve Oregon's December 23, 2013, and October
20, 2015, submissions for certain infrastructure requirements. Our most
recent action on an Oregon infrastructure submission was published on
June 24, 2014 (79 FR 35693). In the preamble of the proposal for that
action, we published a discussion of the EPA's overall approach to
review of these types of submissions. Please see our April 17, 2014,
proposed rule for this discussion (79 FR 21679, at page 21680).

IV. EPA Infrastructure Evaluation

110(a)(2)(A): Emission Limits and Other Control Measures

    CAA section 110(a)(2)(A) requires SIPs to include enforceable
emission limits and other control measures, means or techniques
(including economic incentives such as fees, marketable permits, and
auctions of emissions rights), as well as schedules and timetables for
compliance, as may be necessary or appropriate to meet the applicable
requirements of the CAA.
    State submissions: Oregon's submissions cite multiple Oregon air
quality laws and SIP-approved regulations to address this element for
the 2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS. Oregon Revised Statutes (ORS) 468A.035 General Comprehensive
Plan provides authority to the Oregon Department of Environmental
Quality (ODEQ) to develop a general comprehensive plan for the control
or abatement of air pollution. ORS 468.020 Rules and Standards gives
the Oregon Environmental Quality Commission (EQC) authority to adopt
rules and standards to perform functions vested by law. ORS 468A.025
Air Purity Standards provides the EQC with authority to set air quality
standards, emission standards, and emission treatment and control
provisions. ORS 468A.040 Permits; Rules provides that the EQC may
require permits for specific sources, type of air contaminant or
specific areas of the state. The Oregon submissions also cite these
other laws and regulations:

 ORS 468A.045 Activities Prohibited without Permit; Limit on
Activities with Permit
 ORS 468A.050 Classification of Air Contamination Sources;
Registration and Reporting; Registration and Reporting of Sources;
Rules; Fees
 ORS 468A.055 Notice Prior to Construction of New Sources;
Order Authorizing or Prohibiting Construction; Effect of No Order;
Appeal
 ORS 468A.070 Measurement and Testing of Contamination Sources;
Rules
 ORS 468A.310 Federal Operating Permit Program Approval; Rules;
Content of Plan
 ORS 468A.315 Emission Fees for Major Sources; Base Fees; Basis
of Fees; Rules
 ORS 468A.350-455 Motor Vehicle Pollution Control
 ORS 468A.460-520 Woodstove Emissions Control
 ORS 468A.550-620 Field Burning and Propane Flaming
 ORS 468A.990 Penalties for Air Pollution Offenses
 OAR 340-200 General Air Pollution Procedures and Definitions
 OAR 340-202 Ambient Air Quality Standards and PSD Increments
 OAR 340-204 Designation of Air Quality Areas
 OAR 340-208 Visible Emissions
 OAR 340-216 Air Contaminant Discharge Permits
 OAR 340-222 Stationary Source Plant Site Emission Limits
 OAR 340-224 New Source Review
 OAR 340-225 Air Quality Analysis Requirements
 OAR 340-226 General Emission Standards
 OAR 340-228 Requirements for Fuel Burning Equipment and Fuel
Sulfur Content
 OAR 340-232 Emission Standards for VOC Point Sources
 OAR 340-234 Emission Standards for Wood Products Industries:
Emission Limitations
 OAR 340-236 Emission Standards for Specific Industries:
Emission Limits
 OAR 340-240 Rules for Areas with Unique Air Quality Needs
 OAR 340-242 Rules Applicable to the Portland Area
 OAR 340-250 General Conformity
 OAR 340-252 Transportation Conformity
 OAR 340-256 Motor Vehicles
 OAR 340-258 Motor Vehicle Fuel Specifications
 OAR 340-262 Residential Woodheating
 OAR 340-266 Field Burning Rules
 OAR 340-268 Emission Reduction Credits

    EPA analysis: Oregon regulates emissions of NO2,
SO2, and PM2.5 (and nitrogen oxides
(NOX) and sulfur dioxide (SO2) as precursors to
PM2.5) through its SIP-approved new source review (NSR)
permitting program, in addition to provisions described below. We
recently approved updates to the Oregon ambient air quality standards
in Division 202 to account for the 2010 NO2 and 2010
SO2 NAAQS (82 FR 47122, October 10, 2017). In this action,
we are proposing to approve further updates to Division 202 for the
2012 PM2.5 NAAQS, at OAR<PHONE_NUMBER>. For a detailed
discussion of the update to Division 202, see Section V. below.
    Oregon has no areas designated nonattainment for the 2010
NO2 and 2012 PM2.5 NAAQS, and the EPA is still in
the process of completing designations for the 2010 SO2
NAAQS. We note, however, that the EPA does not consider SIP
requirements triggered by the nonattainment area mandates in part D,
title I of the CAA to be governed by the submission deadline of CAA
section 110(a)(1). Regulations and other control measures for purposes
of attainment planning under part D, title I of the CAA are due on a
different schedule than infrastructure SIPs.
    Oregon's SIP-approved NSR program is administered through Division
216 Air Contaminant Discharge Permits. The EPA most recently approved
revisions to Oregon's NSR program as meeting federal requirements on
October 10, 2017 (82 FR 47122). The program regulates new and modified
stationary sources of NO2, SO2, direct
PM2.5, and nitrogen oxides (NOX) and sulfur
dioxide (SO2) as precursors to PM2.5.
    In addition to permitting provisions, Oregon's SIP contains
numerous rules that limit NOX, SO2, and
particulate matter emissions. These rules (listed

above) include visible emissions standards, particulate emissions
standards, requirements for fuel burning equipment and fuel sulfur
content, grain loading standards, refuse burning limitations, emission
limits for wood products industries and other industries, residential
wood heating restrictions, field burning rules, and motor vehicle
pollution controls. As a result, we are proposing to approve the Oregon
SIP as meeting the requirements of CAA section 110(a)(2)(A) for the
2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS.

110(a)(2)(B): Ambient Air Quality Monitoring/Data System

    CAA section 110(a)(2)(B) requires SIPs to include provisions to
provide for establishment and operation of ambient air quality
monitors, collecting and analyzing ambient air quality data, and making
these data available to the EPA upon request.
    State submissions: The Oregon submissions reference ORS 468.035(a-
e, m) Functions of the Department which provides authority to conduct
and supervise inquiries and programs to assess and communicate air
conditions and to obtain necessary resources (assistance, materials,
supplies, etc.) to meet these responsibilities. The submissions also
reference Division 212 Stationary Source Testing and Monitoring
regulations.
    EPA analysis: A comprehensive air quality monitoring plan, intended
to meet federal requirements, was originally submitted by Oregon on
December 27, 1979 (40 CFR 52.1970) and approved by the EPA on March 4,
1981 (46 FR 15136). The plan includes statutory and regulatory
authority to establish and operate an air quality monitoring network,
including NO2, SO2, and PM2.5
monitoring. Oregon's SIP-approved regulations at Division 212 govern
stationary source testing and monitoring in accordance with federal
reference methods. Every five years, Oregon assesses the adequacy of
the state monitoring network and submits that assessment to the EPA for
review. In practice, Oregon operates a comprehensive monitoring
network, including NO2, SO2, and PM2.5
monitoring, compiles and analyzes collected data, and submits the data
to the EPA's Air Quality System on a quarterly basis. Therefore, we are
proposing to approve the Oregon SIP as meeting the requirements of CAA
section 110(a)(2)(B) for the 2010 NO2, 2010 SO2,
and 2012 PM2.5 NAAQS.

110(a)(2)(C): Program for Enforcement of Control Measures

    CAA section 110(a)(2)(C) requires states to include a program
providing for enforcement of all SIP measures and the regulation of
construction of new or modified stationary sources, including a program
to meet PSD and nonattainment NSR requirements.
    State submissions: The Oregon submissions refer to ORS 468.090-140
Enforcement which provides the ODEQ with authority to investigate
complaints, investigate and inspect sources for compliance, access
records, commence enforcement procedures, and impose civil penalties.
In addition, ORS 468.035 Functions of the Department, paragraphs (j)
and (k), provide the ODEQ with authority to enforce Oregon air
pollution laws and compel compliance with any rule, standard, order,
permit or condition. The submissions also cite:

 ORS 468.020 Rules and Standards
 ORS 468.065 Issuance of Permits; Consent; Fees; Use
 ORS 468.070 Denial, Modification, Suspension or Revocation of
Permits
 ORS 468.920-963 Environmental Crimes
 ORS 468.996-997 Civil Penalties
 ORS 468A.025 Air Purity Standards; Air Quality Standards;
Treatment and Control of Emissions; Rules
 ORS 468A.035 General Comprehensive Plan
 ORS 468A.040 Permits; Rules
 ORS 468A.045 Activities Prohibited without Permit; Limit on
Activities with Permit
 ORS 468A.050 Classification of Air Contamination Sources;
Registration and Reporting; Registration and Reporting of Sources;
Rules; Fees
 ORS 468A.055 Notice Prior to Construction of New Sources;
Order Authorizing or Prohibiting Construction; Effect of No Order;
Appeal
 ORS 468A.070 Measurement and Testing of Contamination Sources;
Rules
 ORS 468A.310 Federal Operating Permit Program Approval; Rules;
Content of Plan
 ORS 468A.990 Penalties for Air Pollution Offenses
 OAR 340-012 Enforcement Procedure and Civil Penalties
 OAR 340-202 Ambient Air Quality Standards and PSD Increments
 OAR 340-210 Stationary Source Notification Requirements
 OAR 340-214 Stationary Source Reporting Requirements
 OAR 340-216 Air Contaminant Discharge Permits (ADCP)
 OAR 340-224 New Source Review

    EPA analysis: The EPA is proposing to find that Oregon code
provisions provide the ODEQ with authority applicable to the 2010
NO2, 2010 SO2, and 2012 PM2.5
standards to enforce the air quality laws, regulations, permits, and
orders promulgated pursuant to ORS Chapters 468 and 468A. The ODEQ
staffs and maintains an enforcement program to ensure compliance with
SIP requirements. The ODEQ Director, at the direction of the Governor,
may enter a cease and desist order for polluting activities that
present an imminent and substantial danger to public health (ORS
468.115). Enforcement cases may be referred to the state Attorney
General's office for civil or criminal enforcement.
    To generally meet the requirements of CAA section 110(a)(2)(C) for
regulation of construction of new or modified stationary sources, a
state is required to have PSD, nonattainment NSR, and minor NSR
permitting programs adequate to implement the 2010 NO2, 2010
SO2, and 2012 PM2.5 NAAQS. As explained above, we
are not in this action evaluating nonattainment-related provisions,
including the nonattainment NSR program required by part D, title I of
the CAA.
    Oregon's federally enforceable state operating permit program, at
Division 216 Air Contaminant Discharge Permits, is also the
administrative permit mechanism used to implement the SIP-approved NSR
program. We most recently approved revisions to the NSR program
(Divisions 200, 202, 209, 212, 216, 222, 224, 225, and 268) as meeting
federal requirements at 40 CFR 51.160 through 164 (minor NSR) and 40
CFR 51.166 (PSD) on October 10, 2017 (82 FR 47122). The Oregon minor
NSR and PSD rules meet current requirements for all regulated NSR
pollutants. Therefore, we are proposing to approve the Oregon SIP as
meeting the requirements of CAA section 110(a)(2)(C) for the 2010
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.

110(a)(2)(D): Interstate Transport

    CAA section 110(a)(2)(D)(i) addresses four separate elements, or
``prongs.'' CAA section 110(a)(2)(D)(i)(I) requires state SIPs to
contain adequate provisions prohibiting emissions which will contribute
significantly to nonattainment of the NAAQS in any other state (prong
1), and adequate provisions prohibiting emissions which will interfere
with maintenance of the NAAQS by any other state (prong 2). CAA section
110(a)(2)(D)(i)(II) requires state SIPs to contain adequate provisions
prohibiting emissions which will interfere with any other state's
required measures to prevent significant

deterioration (PSD) of its air quality (prong 3), and adequate
provisions prohibiting emissions which will interfere with any other
state's required measures to protect visibility (prong 4).
    CAA section 110(a)(2)(D)(ii) states SIPs must include provisions
ensuring compliance with the applicable requirements of CAA sections
126 and 115 (relating to interstate and international pollution
abatement). CAA section 126 requires notification to neighboring states
of potential impacts from a new or modified major stationary source,
and specifies how a state may petition the EPA when a major source or
group of stationary sources in a state is thought to contribute to
certain pollution problems in another state. CAA section 115 governs
the process for addressing air pollutants emitted in the United States
that cause or contribute to air pollution that may reasonably be
anticipated to endanger public health or welfare in a foreign country.
    State submissions: The Oregon submissions address all interstate
transport requirements of the CAA, however, we intend to address
certain of these requirements in a separate, future action,
specifically, CAA section 110(a)(2)(D)(i)(I) prongs 1 and 2. This
proposed action addresses the remainder: 110(a)(2)(D)(i)(II) prongs 3
and 4, and 110(a)(2)(D)(ii). To meet these provisions, the Oregon
submissions reference the state's SIP-approved NSR program and the
state's SIP-approved regional haze plan. The Oregon submissions also
reference Division 209 Public Participation, approved as part of the
Oregon NSR program, and assert that Oregon regulations are consistent
with federal requirements in Appendix N of 40 CFR part 50 pertaining to
the notification of interstate pollution abatement.
    EPA analysis: The EPA believes that the PSD sub-element of CAA
section 110(a)(2)(D)(i)(II) (prong 3) is satisfied where major new and
modified stationary sources in attainment and unclassifiable areas are
subject to a SIP-approved PSD program. The EPA most recently approved
revisions to Oregon's NSR program as meeting federal PSD requirements
on October 11, 2017 (82 FR 47122). Therefore, we are proposing to
approve the Oregon SIP as meeting CAA section 110(a)(2)(D)(i)(II) prong
3 with respect to PSD for the 2010 NO2, 2010 SO2,
and 2012 PM2.5 NAAQS.
    The EPA believes, as noted in the 2013 Guidance, where a state's
regional haze plan has been approved as meeting all current
obligations, a state may rely upon those provisions in support of its
demonstration that it satisfies CAA section 110(a)(2)(D)(i)(II) as it
relates to visibility (prong 4). On July 5, 2011, the EPA approved
portions of the Oregon regional haze plan, including the requirements
for best available retrofit technology (76 FR 38997). We approved the
remaining elements of the Oregon regional haze plan on August 22, 2012
(77 FR 50611). Because we approved the Oregon plan as meeting regional
haze requirements, we are proposing to approve the Oregon SIP as
meeting CAA section 110(a)(2)(D)(i)(II) prong 4 visibility requirements
with respect to the 2010 NO2, 2010 SO2, and 2012
PM2.5 NAAQS.
    The Division 209 public notice provisions in Oregon's SIP-approved
NSR program require that for major NSR permit actions, Oregon must
provide notice to neighboring states, among other officials and
agencies. This notice requirement is consistent with CAA section
126(a). In addition, Oregon has no pending obligations under section
115 or 126(b) of the CAA. Therefore, we are proposing to approve the
Oregon SIP as meeting the requirements of CAA section 110(a)(2)(D)(ii)
for the 2010 NO2, 2010 SO2, and 2012
PM2.5 NAAQS.

110(a)(2)(E): Adequate Resources

    CAA section 110(a)(2)(E) requires states to provide (i) necessary
assurances that the state will have adequate personnel, funding, and
authority under state law to carry out the SIP (and is not prohibited
by any provision of federal or state law from carrying out the SIP or
portion thereof), (ii) requirements that the state comply with the
state board provisions under CAA section 128 and (iii) necessary
assurances that, where the state has relied on a local or regional
government, agency, or instrumentality for the implementation of any
SIP provision, the state has responsibility for ensuring adequate
implementation of such SIP provision.
    State submissions: With respect to sub-element (E)(i), the Oregon
submissions cite ORS 468.035 Functions of Department which provides the
ODEQ authority to employ personnel, purchase supplies, enter into
contracts, and to receive, appropriate, and expend federal and other
funds for purposes of air pollution research and control. In addition,
ORS 468.045 Functions of Director; Delegation provides the ODEQ
Director with authority to hire, assign, reassign, and coordinate
personnel of the department and to administer and enforce the laws of
the state concerning environmental quality. In addition, the submission
cites the CAA section 105 grants received from the EPA and matched
through the Oregon General Fund.
    Turning to sub-element (E)(ii), the submissions cite OAR 340-200-
0100 Purpose, OAR<PHONE_NUMBER> Public Interest Representation, and OAR
340-200-0120 Disclosure of Potential Conflicts of Interest. The
submissions state that the EPA approved the listed regulatory
provisions as meeting the requirements of CAA section 128 on January
22, 2003 (68 FR 2891).
    With respect to sub-element (E)(iii), the submissions cite ORS
468.020 Rules and Standards which requires a public hearing on any
proposed rule or standard prior to adoption. ORS 468.035(c) Functions
of Department provides the ODEQ authority to advise, consult, and
cooperate with other states, state and federal agencies, or political
subdivisions on all air quality control matters. ORS 468A.010 Policy
calls for a coordinated statewide program of air quality control with
responsibility allocated between the state and the units of local
government. ORS 468A.100-180 Regional Air Quality Control Authorities
describes the establishment, role and function of regional air quality
control authorities. State regulations Division 200 specify LRAPA has
authority in Lane County and defines the term Regional Agency. Division
204 includes designation of control areas within Lane County. Division
216 Air Contaminant Discharge Permits includes permitting authority for
LRAPA.
    EPA analysis: We are proposing to find that the above-referenced
provisions provide Oregon with adequate authority to carry out SIP
obligations with respect to the 2010 NO2, 2010
SO2, and 2012 PM2.5 NAAQS as required by CAA
section 110(a)(2)(E)(i). We are also proposing to approve the Oregon
SIP as meeting CAA section 110(a)(2)(E)(ii) because we previously
approved the SIP for purposes of CAA section 128. On January 22, 2003,
we approved OAR<PHONE_NUMBER> through OAR<PHONE_NUMBER> as meeting CAA
section 128 (68 FR 2891). In addition, we previously approved LRAPA
Title 12, Section 025 (recodified at LRAPA Title 13, section 025) as
meeting CAA section 128 on March 1, 1989 (54 FR 8538).
    We are proposing to find that Oregon has provided necessary
assurances that, where the state has relied on a local or regional
government, agency, or instrumentality for the implementation of any
SIP provision, the state has responsibility for ensuring adequate
implementation of the SIP as required by CAA section 110(a)(2)(E)(iii).
Therefore, we are proposing to approve the Oregon SIP as meeting the
requirements of CAA sections

110(a)(2)(E) for the 2010 NO2, 2010 SO2, and 2012
PM2.5 NAAQS.

110(a)(2)(F): Stationary Source Monitoring System

    CAA section 110(a)(2)(F) requires (i) the installation,
maintenance, and replacement of equipment, and the implementation of
other necessary steps, by owners or operators of stationary sources to
monitor emissions from such sources, (ii) periodic reports on the
nature and amounts of emissions and emissions-related data from such
sources, and (iii) correlation of such reports by the state agency with
any emission limitations or standards established pursuant to the CAA,
which reports shall be available at reasonable times for public
inspection.
    State submissions: The Oregon submissions refer to the following
statutory and regulatory provisions for source emissions monitoring,
reporting, and correlation with emission limits or standards:

 ORS 468.020 Rules and Standards
 ORS 468.035 Functions of Department paragraphs (b) and (d)
 ORS 468A.025(4) Air Purity Standards; Air Quality Standards;
Treatment and Control of Emissions; Rules
 ORS 468A.070 Measurement and Testing of Contamination Sources;
Rules
 OAR 340-212 Stationary Source Testing and Monitoring
 OAR 340-214 Stationary Source Reporting Requirements
 OAR 340-222 Stationary Source Plant Site Emission Limits
 OAR 340-225 Air Quality Analysis Requirements
 OAR 340-234 Emission Standards for Wood Products Industries:
Monitoring and Reporting
 OAR 340-236 Emission Standards for Specific Industries:
Emissions Monitoring and Reporting
 OAR 340-240 Rules for Areas with Unique Air Quality Needs
 OAR 340-250 General Conformity

    EPA analysis: The Oregon statutory provisions listed above provide
authority to establish a program for measurement and testing of
sources, including requirements for sampling and testing with respect
to the 2010 NO2, 2010 SO2, and 2012
PM2.5 NAAQS. The Oregon regulations cited above require
facilities to monitor and report emissions, including requirements for
monitoring methods and design, and monitoring and quality improvement
plans. Oregon's stationary source reporting requirements include
maintaining written records to demonstrate compliance with emission
rules, limitations, or control measures, and requirements for reporting
and recordkeeping. Information is made available to the public through
public processes outlined at OAR 340-209 Public Participation.
    Oregon submits emissions data to the EPA for purposes of the
National Emissions Inventory (NEI). The NEI is the EPA's central
repository for air emissions data. Oregon submits a comprehensive
emissions inventory every three years and reports emissions for certain
larger sources annually through the EPA's online Emissions Inventory
System. Oregon reports emissions data for the six criteria pollutants
and also voluntarily reports emissions of hazardous air pollutants. The
EPA compiles the emissions data, supplementing it where necessary, and
releases it to the general public through the website https://www.epa.gov/air-emissions-inventories.
    Based on the analysis above, we are proposing to approve the Oregon
SIP as meeting the requirements of CAA section 110(a)(2)(F) for the
2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS.

110(a)(2)(G): Emergency Episodes

    CAA section 110(a)(2)(G) requires states to provide for authority
to address activities causing imminent and substantial endangerment to
public health, including adequate contingency plans to implement the
emergency episode provisions in their SIPs.
    State submissions: The Oregon submissions cite ORS 468-115
Enforcement in Cases of Emergency which authorizes the ODEQ Director,
at the direction of the Governor, to enter a cease and desist order for
polluting activities that present an imminent and substantial danger to
public health. In addition, OAR 340-206 Air Pollution Emergencies
authorizes the ODEQ Director to declare an air pollution alert or
warning, or to issue an advisory to notify the public. OAR 340-214
Stationary Source Reporting Requirements governs reporting of
emergencies and excess emissions and reporting requirements.
    EPA analysis: Section 303 of the CAA provides authority to the EPA
Administrator to restrain any source from causing or contribution to
emissions which present an ``imminent and substantial endangerment to
public health or welfare, or the environment.'' We find that ORS 468-
115 Enforcement in Cases of Emergency provides emergency order
authority comparable to CAA section 303.
    We recently approved revisions to the Oregon air pollution
emergency rules at OAR 340-206 Air Pollution Emergencies on October 11,
2017 (82 FR 47122). Oregon's rules are consistent with federal
emergency episode requirements for NO2, SO2, and
PM2.5 (prevention of air pollution emergency episodes, 40
CFR part 51 subpart H; sections 51.150 through 51.153). Accordingly, we
are proposing to approve the Oregon SIP as meeting the requirements of
CAA section 110(a)(2)(G) for the 2010 NO2, 2010
SO2, and 2012 PM2.5 NAAQS.

110(a)(2)(H): Future SIP Revisions

    CAA section 110(a)(2)(H) requires that SIPs provide for revision of
a state plan (i) from time to time as may be necessary to take account
of revisions of a national primary or secondary ambient air quality
standard or the availability of improved or more expeditious methods of
attaining the standard, and (ii), except as provided in paragraph
110(a)(3)(C), whenever the Administrator finds that the SIP is
substantially inadequate to attain the NAAQS which it implements or to
otherwise comply with any additional requirements under the CAA.
    State submissions: The Oregon submissions refer to ORS 468.020
Rules and Standards which requires public notice on any proposed rule
or standard prior to adoption, and ORS 468A.035 ``General Comprehensive
Plan'' which requires the ODEQ to develop a general comprehensive plan
for the control or abatement of air pollution. The submissions also
refer to OAR<PHONE_NUMBER> State of Oregon Clean Air Act Implementation
Plan which provides for revisions to the Oregon SIP and submission of
revisions to the EPA, including standards submitted by a regional
authority and adopted verbatim into state rules.
    EPA analysis: As cited above, the Oregon SIP provides for
revisions, and in practice, Oregon regularly submits SIP revisions to
the EPA. On October 11, 2017, the EPA approved a large number of
revisions to the Oregon SIP (82 FR 47122). Other recent EPA actions on
revisions to the Oregon SIP include but are not limited to: April 13,
2016 (81 FR 21814), October 23, 2015 (80 FR 64346), April 25, 2013 (78
FR 24347), October 4, 2012 (77 FR 60627), and November 27, 2011 (76 FR
80747). Accordingly, we are proposing to approve the Oregon SIP as
meeting the requirements of CAA section 110(a)(2)(H) for the 2010
NO2, 2010 SO2, 2012 PM2.5 NAAQS.

110(a)(2)(I): Nonattainment Area Plan Revision Under Part D

    There are two elements identified in CAA section 110(a)(2) not
governed by the three-year submission deadline of CAA section 110(a)(1)
because SIPs

incorporating necessary local nonattainment area controls are due on
nonattainment area plan schedules pursuant to section 172 and the
various pollutant-specific subparts 2 through 5 of part D. These are
submissions required by: (i) CAA section 110(a)(2)(C) to the extent
that subsection refers to a permit program as required in part D, title
I of the CAA, and (ii) section 110(a)(2)(I) which pertain to the
nonattainment planning requirements of part D, title I of the CAA. As a
result, this action does not address CAA section 110(a)(2)(C) with
respect to nonattainment NSR or CAA section 110(a)(2)(I).

110(a)(2)(J): Consultation With Government Officials

    CAA section 110(a)(2)(J) requires states to provide a process for
consultation with local governments and federal land managers carrying
out NAAQS implementation requirements pursuant to CAA section 121. CAA
section 110(a)(2)(J) further requires states to notify the public if
NAAQS are exceeded in an area and to enhance public awareness of
measures that can be taken to prevent exceedances. Lastly, CAA section
110(a)(2)(J) requires states to meet applicable requirements of part C,
title I of the CAA related to prevention of significant deterioration
and visibility protection.
    State submissions: The Oregon submissions reference specific laws
and regulations relating to consultation, public notification, and PSD:

 ORS 468.020 Rules and Standards
 ORS 468.035 Functions of Department paragraphs (a), (c), (f),
and (g)
 ORS 468A.010 Policy paragraphs (1)(b) and (c)
 ORS 468A.025 Air Purity Standards; Air Quality Standards;
Treatment and Control of Emissions; Rules
 OAR 340-202 Ambient Air Quality Standards and PSD Increments
 OAR 340-204 Designation of Air Quality Areas
 OAR 340-224 New Source Review
 OAR 340-225 Air Quality Analysis Requirements

    EPA analysis: The Oregon SIP includes specific provisions for
consulting with local governments and federal land managers as
specified in CAA section 121, including the Oregon rules for PSD
permitting. The EPA most recently approved revisions to the Oregon NSR
program, which provides opportunity and procedures for public comment
and notice to appropriate federal, state and local agencies, on October
11, 2017 (82 FR 47122). In addition, we approved the Oregon rules that
define transportation conformity consultation on October 4, 2012 (77 FR
60627) and regional haze interagency planning on July 5, 2011 (76 FR
38997).
    In practice, the ODEQ routinely coordinates with local governments,
states, federal land managers and other stakeholders on air quality
issues including transportation conformity and regional haze, and
provides notice to appropriate agencies related to permitting actions.
Oregon participates in regional planning processes including the
Western Regional Air Partnership, which is a voluntary partnership of
states, tribes, federal land managers, local air agencies and the EPA,
whose purpose is to understand current and evolving regional air
quality issues in the West. Based on the provisions above, we are
proposing to find that the Oregon SIP meets the requirements of CAA
section 110(a)(2)(J) for consultation with government officials for the
2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS.
    Section 110(a)(2)(J) also requires states to notify the public if
ambient air quality standards are exceeded in an area. States must
advise the public of the health hazards associated with air pollution
and what can be done to prevent exceedances. The EPA calculates an air
quality index for five major air pollutants regulated by the CAA:
Ground-level ozone, particulate matter, carbon monoxide, sulfur
dioxide, and nitrogen dioxide. This air quality index (AQI) provides
daily information to the public on air quality. Oregon actively
participates and submits information to the EPA's AIRNOW and
Enviroflash Air Quality Alert programs which provide information to the
public on local air quality. Oregon also provides the AQI to the public
at http://www.deq.state.or.us/aqi/. Therefore, we are proposing to find
that the Oregon SIP meets the requirements of CAA section 110(a)(2)(J)
for public notification for the 2010 NO2, 2010
SO2, 2012 PM2.5 NAAQS.
    Turning to the requirement in CAA section 110(a)(2)(J) that the SIP
meet the applicable requirements of part C, title I of the CAA, we have
evaluated this requirement in the context of CAA section 110(a)(2)(C)
and permitting. The EPA most recently approved revisions to Oregon's
PSD program on October 11, 2017 (82 FR 47122), updating the program for
current federal requirements. Therefore, we are proposing to approve
the Oregon SIP as meeting the requirements of CAA 110(a)(2)(J) with
respect to PSD for the 2010 NO2, 2010 SO2, and
2012 PM2.5 NAAQS.
    With respect to visibility protection under element (J), the EPA
recognizes that states are subject to visibility and regional haze
program requirements under part C of the CAA. In the event of the
establishment of a new NAAQS, however, the visibility and regional haze
program requirements under part C do not change. Thus we find that
there is no new applicable requirement relating to visibility triggered
under CAA section 110(a)(2)(J) when a new NAAQS becomes effective.
    Based on the above analysis, we are proposing to approve the Oregon
SIP as meeting the requirements of CAA section 110(a)(2)(J) for the
2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS.

110(a)(2)(K): Air Quality and Modeling/Data

    CAA section 110(a)(2)(K) requires that SIPs provide for (i) the
performance of air quality modeling as the Administrator may prescribe
for the purpose of predicting the effect on ambient air quality of any
emissions of any air pollutant for which the Administrator has
established a NAAQS, and (ii) the submission, upon request, of data
related to such air quality modeling to the Administrator.
    State submissions: The Oregon submissions refer to ORS 468-020
Rules and Standards which requires public hearing on any proposed rule
or standard prior to adoption, and ORS 468.035 Functions of Department
which provides the ODEQ authority to conduct studies and investigations
to determine air quality. The submissions also reference OAR 340-225
Air Quality Analysis Requirements which includes modeling requirements
for analysis and demonstration of compliance with standards and
increments in specified areas.
    EPA analysis: The EPA previously approved OAR 340-225 Air Quality
Analysis Requirements on October 11, 2017 (82 FR 47122) and these rules
specify that modeled estimates of ambient concentrations be based on 40
CFR part 51, Appendix W (Guidelines on Air Quality Models). Any change
or substitution from models specified in 40 CFR part 51, Appendix W is
subject to notice and opportunity for public comment and must receive
prior written approval from the ODEQ and the EPA. In addition, as an
example of the state's modeling capacity, we cite to a recent Oregon
SIP revision, the Klamath Falls PM2.5 attainment plan, that
was supported by modeling. The EPA approved the SIP revision on June 6,
2016 (81 FR 36176). Based on the above analysis, we are proposing to
approve the Oregon SIP as meeting the

requirements of CAA section 110(a)(2)(K) for the 2010 NO2,
2010 SO2, and 2012 PM2.5 NAAQS.

110(a)(2)(L): Permitting Fees

    CAA section 110(a)(2)(L) directs SIPs to require each major
stationary source to pay permitting fees to cover the cost of
reviewing, approving, implementing and enforcing a permit.
    State submissions: The Oregon submissions refer to ORS 468.065
Issuance of Permits: Content; Fees; Use which provides the EQC
authority to establish a schedule of fees for permits based on the
costs of filing and investigating applications, issuing or denying
permits, carrying out title V requirements and determining compliance.
ORS 468A.040 Permits; Rules provides that the EQC may require permits
for air contamination sources, type of air contaminant, or specific
areas of the state. The submission also references OAR 340-216 Air
Contaminant Discharge Permits which requires payment of permit fees
based on a specified table of sources and fee schedule.
    EPA analysis: On September 28, 1995, the EPA fully-approved
Oregon's title V operating permit program (60 FR 50106). While Oregon's
title V program is not formally approved into the SIP, it is a
mechanism the state can use to ensure that the ODEQ has sufficient
resources to support the air program, consistent with the requirements
of the SIP. Before the EPA can grant full approval, a state must
demonstrate the ability to collect adequate fees. The Oregon title V
program included a demonstration that fees would be adequate, and that
the state would collect fees from title V sources above the presumptive
minimum in accordance with 40 CFR 70.9(b)(2)(i). In addition, we note
that Oregon SIP-approved regulations require fees for purposes of major
and minor NSR permitting, as specified in OAR<PHONE_NUMBER> Sources
Subject to ADCP and Fees, OAR<PHONE_NUMBER> Table 1--Activities and
Sources, and OAR<PHONE_NUMBER> Table 2--Air Contaminant Discharge
Permits (fee schedule). Therefore, we are proposing to conclude that
Oregon has satisfied the requirements of CAA section 110(a)(2)(L) for
the 2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS.

110(a)(2)(M): Consultation/Participation by Affected Local Entities

    CAA section 110(a)(2)(M) requires states to provide for
consultation and participation in SIP development by local political
subdivisions affected by the SIP.
    State submissions: The Oregon submissions refer to the following
laws and regulations:

 ORS 468.020 Rules and Standards
 ORS 468.035 Functions of Department paragraphs (a), (c), (f),
and (g)
 ORS 468A.010 Policy paragraphs (1)(b) and (c)
 ORS 468A.025 Air Purity Standards; Air Quality Standards;
Treatment and Control of Emissions; Rules
 ORS 468A.035 General Comprehensive Plan
 ORS 468A.040 Permits; Rules
 ORS 468A.055 Notice Prior to Construction of New Sources;
Order Authorizing or Prohibiting Construction; Effect of No Order;
Appeal
 ORS 468A.070 Measurement and Testing of Contamination Sources;
Rules
 ORS 468A.100-180 Regional Air Quality Control Authorities
 OAR 340-200 General Air Pollution Procedures and Definitions
 OAR 340-204 Designation of Air Quality Areas
 OAR 340-216 Air Contaminant Discharge Permits

    EPA analysis: The regulations cited by Oregon were previously
approved on December 27, 2011 (76 FR 80747), and provide for
consultation and participation in SIP development by local political
subdivisions affected by the SIP. We are proposing to approve the
Oregon SIP as meeting the requirements of CAA section 110(a)(2)(M) for
the 2010 NO2, 2010 SO2, and the 2012
PM2.5 NAAQS.

V. Rule Revisions

    Oregon submitted several rule revisions in the December 27, 2013,
and October 20, 2015, SIP submissions. However, most of these rule
revisions were superseded by rule changes submitted on April 22, 2015
and approved on October 11, 2017 (82 FR 47122).\4\ There are two rule
changes that are relevant to our proposed infrastructure action and
that were not superseded by the April 22, 2015, submission.
Specifically, Oregon revised OAR<PHONE_NUMBER> Suspended Particulate
Matter to lower the level of the primary annual fine particulate matter
standard from 15 [mu]g/m\3\ to 12 [mu]g/m\3\, consistent with the
federal PM2.5 NAAQS promulgated on December 14, 2012 at 40
CFR 50.18 (January 15, 2013, 78 FR 3086). Oregon also revised OAR 340-
200-0030(22) NAAQS to include PM2.5 in the definition of
NAAQS pollutants. We propose to approve these rule changes related to
PM2.5 because they are consistent with the federal
PM2.5 NAAQS.
---------------------------------------------------------------------------

    \4\ Oregon's December 27, 2013 and October 20, 2015 submissions
included revisions to OAR<PHONE_NUMBER>, OAR<PHONE_NUMBER>, OAR 340-
202-0060, OAR<PHONE_NUMBER>, OAR<PHONE_NUMBER>, OAR<PHONE_NUMBER>(22).
Oregon's April 22, 2015, submission superseded all but OAR 340-200-
0060 and OAR<PHONE_NUMBER>(22) (October 11, 2017; 82 FR 47122).
---------------------------------------------------------------------------

    As part of this action we are also proposing to approve a SIP
revision submitted by Oregon on July 18, 2017. The July 18, 2017,
submission updated Oregon rules to account for changes to the federal
ozone standard. Specifically, Oregon revised OAR<PHONE_NUMBER> Ozone to
lower the level of the 8-hour ozone standard from 0.075 ppm to 0.070
ppm, consistent with the federal ozone NAAQS promulgated on October 1,
2015 at 40 CFR 50.19 (October 26, 2015; 80 FR 65292). We note that this
update to the ozone standard in the Oregon SIP is not relevant to our
infrastructure action on the 2010 NO2, 2010 SO2,
and 2012 PM2.5 NAAQS, and is only being included in this
action for efficiency. We propose to approve this rule update for the
revised ozone standard because it is consistent with the federal ozone
standard.
    With respect to each of the submissions, we are taking no action on
OAR<PHONE_NUMBER> State of Oregon Clean Air Act Implementation Plan
because we have determined it is inappropriate to take action on a
provision addressing state SIP adoption procedures, and because the
relevant SIP provisions adopted into this rule at OAR<PHONE_NUMBER> have
been separately submitted for approval, namely, the 2010
NO2, 2010 SO2, and 2012 PM2.5
infrastructure submissions and the specific rule revisions described
above.

VI. Proposed Action

    The EPA is proposing to approve Oregon's December 27, 2013 and
October 20, 2015, SIP submissions as meeting specific infrastructure
requirements of the CAA. We propose to find that the Oregon SIP meets
the following CAA section 110(a)(2) infrastructure elements for the
2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M).
    We are proposing to approve, and incorporate by reference at 40 CFR
part 52, subpart MM, the following rule sections submitted October 20,
2015 (state effective October 16, 2015): OAR<PHONE_NUMBER> Suspended
Particulate Matter; and OAR<PHONE_NUMBER>(22) NAAQS. We are also
proposing to approve, and incorporate by reference at 40 CFR part 52,
subpart MM, the

following rule section submitted July 18, 2017 (state effective July
13, 2017): OAR<PHONE_NUMBER> Ozone. We note that this update to OAR 340-
202-0090 is not related to, nor is it necessary for our infrastructure
action. We are including it in this action for efficiency.

VII. Incorporation by Reference

    In this rule, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, we are proposing to incorporate by
reference the provisions described above in Section VI. Proposed
Action. The EPA has made, and will continue to make, these documents
generally available electronically through https://www.regulations.gov
and in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).

VIII. Statutory and Executive Orders 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
proposed 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 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).
    In addition, 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 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, 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: February 8, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-03675 Filed 2-22-18; 8:45 am]
 BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on December 29, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2001-9756

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Iberworld Airlines, S.A.						Date Filed:  December 22, 2004

Relief requested:  Exemption from 49 U.S.C. § 41301 to engage in
charter foreign air transportation of persons, property and mail between
Spain and the United States; and other charters in accordance with Part
212 of the Department’s rules.

Date and citation of last action:  Iberworld most recently held this
charter authority during the period

December 11, 2003-December 11, 2004.  See Notice of Action Taken, dated
December 11, 2003, in this docket.

Applicant representative:  Victor H. Smith<PHONE_NUMBER>

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved									Action date:  December 29, 2004

(We acted on this application without awaiting expiration of the 15-day
answer period with the consent of all parties served.)

Effective dates of authority granted:  December 29, 2004-December 29,
2005

Basis for approval (bilateral agreement/reciprocity):  Reciprocity with
Spain

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X Standard exemption conditions (attached)

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

											Attachment

Foreign Carrier Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Depa瑲敭瑮愠灰潲慶湵敤⁲楔汴㤴漠桴⹕⹓䌠
摯⹥ऍउउउउउ〉⼵〲㐰

഍ഀ഍


[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71058-71059]
[FR Doc No: 2021-26987]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9336-01-OW]

Notice of Request for Nominations of Candidates to the
Environmental Financial Advisory Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of request for nominations.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) invites
nominations of qualified candidates to be considered for appointment to
the Environmental Financial Advisory Board (the Board or EFAB). The
Board provides advice to EPA on ways to lower the costs of, and
increase investments in, environmental and public health protection.
The Bipartisan Infrastructure Law (signed November 2021) provides
funding to EPA that includes more than $50 billion for clean water
projects, more than $5 billion for Superfund and brownfields cleanup
work, $5 billion for decarbonizing our nation's school buses, and $100
million for pollution prevention. Board members will provide
recommendations on ways EPA can implement these funds to advance
environmental justice, tackle the climate crisis, and protect public
health. Appointments will be made by the Administrator and will be
announced in June 2022.

DATES: Nominations should be submitted in time to arrive no later than
January 18, 2022.

ADDRESSES: Nominations should be sent via email to [email protected].

FOR FURTHER INFORMATION CONTACT: Any member of the public who wants
further information concerning the nomination process may contact
Sandra Williams at<PHONE_NUMBER> or [email protected]. General information
concerning the EFAB can be found on EPA's website at https://www.epa.gov/waterfinancecenter/efab.

SUPPLEMENTARY INFORMATION:
    Background: The EFAB is an EPA advisory committee chartered under
the Federal Advisory Committee Act (FACA), 5 U.S.C., app. 2, to provide
advice and recommendations to EPA on innovative approaches to financing
environmental programs, projects, and activities. Administrative
support for the EFAB is provided by the Water Infrastructure and
Resiliency Finance Center within EPA's Office of Water. The Board was
established in 1989 to provide advice and recommendations to EPA on the
following issues: Reducing the cost of financing environmental
facilities and discouraging polluting behavior; creating incentives to
increase private investment in the provision of environmental services
and removing or reducing constraints on private involvement imposed by
current regulations; developing new and innovative environmental
financing approaches and supporting and encouraging the use of cost-
effective existing approaches; identifying approaches specifically
targeted to small/disadvantaged community financing; increasing the
capacity of state and local governments to carry out their respective
environmental programs under current Federal tax laws; analyzing how
new technologies can be brought to market expeditiously; and,
increasing the total investment in environmental protection of public
and private environmental resources to help ease the environmental
financing challenge facing our nation.
    The Board meets either in-person or virtually two times each
calendar year (two days per meeting) at different locations within the
continental United States. In addition to the bi-annual meetings,
additional virtual meetings may be held during the year to ensure
timely completion of the Board's work. Board members typically
contribute approximately 3 to 8 hours per month to the activities of
the Board. This includes participation on one or more of the Board's
active workgroups. Members serve on the Board without compensation;
however, Board members may receive travel and per diem allowances where
appropriate and in accordance with Federal travel regulations.

    Members are appointed to represent the perspective of specific
organizations, associations, or groups of persons (Representative
members), or to provide their individual expertise (Special Government
Employee, or SGE, members). Candidates invited to serve as SGE members
will be asked to submit the ``Confidential Financial Disclosure Form
for Special Government Employees Serving on Federal Advisory Committees
at the U.S. Environmental Protection Agency'' (EPA Form 3110-48). This
confidential form allows EPA to determine whether there is a statutory
conflict between that person's public responsibilities as an SGE member
and private interests and activities, or the appearance of a loss of
impartiality as defined by Federal regulation. The form may be viewed
at https://www.epa.gov/waterfinancecenter/efab, but this form should
not be submitted as part of a nomination.
    Experience and Expertise Sought for the EFAB: The Board seeks to
maintain diverse representation across all workforce sectors (state/
local/tribal government, business (industry and finance), and nonprofit
organizations) and geographic regions of the United States. Nominees
should demonstrate experience in environmental finance and/or reducing
the cost of financing environmental protection in various environmental
media (e.g., air, energy, land, and water). Experience and expertise
sought include, but are not limited to, the following areas: Air
quality; brownfields; climate change; commercial banking; energy
efficiency; environmental and financial resiliency; environmental
justice; environmental, social, and corporate governance; green
banking; infrastructure financing; insurance markets; local utility
management and finance; public-public and public-private partnerships;
regulators; resource conservation; sustainable community partnerships;
and drinking water and wastewater utility financial management.
    EPA values and welcomes opportunities to increase diversity,
equity, inclusion, and accessibility on its federal advisory
committees. In an effort to obtain nominations from diverse candidates,
EPA encourages nominations of women and men of all racial and ethnic
groups. Nominee qualifications will be assessed under the mandates of
the FACA, which requires that committees be balanced in terms of the
points of view represented and the functions to be performed; for the
Board, this balance includes diversity across a broad range of
constituencies, sectors, and groups. In addition to this notice, other
sources may be utilized in the solicitation of nominees.
    How to Submit Nominations: Any interested person or organization
may nominate qualified person(s) to be considered for appointment to
the EFAB. Individuals may self-nominate. Nominations should be
submitted via email to [email protected]. Nominations should include the
following information: Contact information for the person making the
nomination; contact information for the nominee (if different),
including full name and title, business mailing address, telephone, and
email address; the specific areas of experience or expertise of the
nominee; the nominee's curriculum vitae or resume; and a biographical
sketch of the nominee indicating current position and recent service on
other federal advisory committees or national professional
organizations. A supporting letter of endorsement is encouraged, but
not required.
    Evaluation Criteria: The following criteria will be used to
evaluate nominees: Residence in the continental United States;
professional knowledge of, and experience with, environmental financing
activities; senior-level experience that fills a gap in Board
representation or brings a new and relevant dimension to its
deliberations; demonstrated ability to work in a consensus-building
process with a wide range of representatives from diverse
constituencies; and willingness to serve a two or three-year term as an
active and contributing member, with possible re-appointment to a
second term. Under EPA policy, members of EPA advisory committees may
not be in receipt of (or reap substantial direct benefit from) an EPA
grant; this policy does not apply to state, local, or tribal government
agency recipients of EPA grants.

    Dated: December 8, 2021.
Andrew D. Sawyers,
Director, Office of Wastewater Management, Office of Water.
[FR Doc. 2021-26987 Filed 12-13-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Page 78960]
[FR Doc No: 2022-27859]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10488-01-OA]

Farm, Ranch, and Rural Communities Advisory Committee (FRRCC);
Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), notice
is hereby given that the next meeting of the Farm, Ranch, and Rural
Communities Advisory Committee (FRRCC) will be held virtually and in-
person on January 17 and 18, 2023, at the U.S. Environmental Protection
Agency (EPA) Headquarters located at 1200 Pennsylvania Avenue NW,
Washington, DC 20460. The FRRCC provides independent policy advice,
information, and recommendations to the Administrator on a range of
environmental issues and policies that are of importance to agriculture
and rural communities.

DATES: This public meeting will be held from Tuesday, January 17, 2023,
through Wednesday, January 18, 2023, from approximately 10:00 a.m. to
5:00 p.m. ET.

ADDRESSES: This meeting will take place virtually and in-person. To
register and receive information on how to listen to the meeting and to
provide comments, please visit: www.epa.gov/faca/frrcc. Attendees must
register online to receive instructions for virtual attendance. To
attend in-person, attendees are encouraged to register online and may
also register at the door.

FOR FURTHER INFORMATION CONTACT: Venus Welch-White, Designated Federal
Officer (DFO), at [email protected] or<PHONE_NUMBER>. General information
regarding the FRRCC can be found on the EPA website at: www.epa.gov/faca/frrcc.

SUPPLEMENTARY INFORMATION: Meetings of the FRRCC are open to the
public. An agenda will be posted at www.epa.gov/faca/frrcc.
    Access and Accommodations: For information on access or services
for individuals with disabilities, please visit: www.epa.gov/faca/frrcc.

Rodney Snyder,
Senior Advisor for Agriculture, U.S. Environmental Protection Agency.
[FR Doc. 2022-27859 Filed 12-22-22; 8:45 am]
BILLING CODE 6560-50-P


EPA Attends Small Business Administration (SBA) Meeting on TSCA Title VI Proposed Rules
Location:  SBA Headquarters, 409 3rd St, SW, Washington DC 20416
Date and Time:  July, 19[th], 2013 at 10 a.m.
EPA staff in the National Program Chemicals Division presented at an SBA stakeholders meeting on the two proposed rules to implement Title VI of the Toxic Substances Control Act (TSCA). Small business representatives from the composite wood industry, law firms, trade associations and other interested stakeholders attended the meeting along with SBA staff. Stakeholders at the meeting focused primarily on the definition of laminated products. Several attendees posed questions on whether their products fell under the proposed definition of laminated products and hardwood plywood. Other topics discussed included questions regarding downstream recordkeeping requirements and ultra-low emitting formaldehyde resins. EPA staff encouraged the meeting attendees to submit comments on their particular areas of concern and asked that data be included to help support their positions.