Rule2021-16947
Air Plan Approval; OR; Updates to Adoption by Reference of Federal Provisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 11, 2021
Effective
September 10, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the Oregon State Implementation Plan (SIP) submitted on January 29, 2021. The revision updates the date by which Federal provisions are adopted by reference into the Oregon SIP, making air quality requirements more current.
Full Text
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<title>Federal Register, Volume 86 Issue 152 (Wednesday, August 11, 2021)</title>
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[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Rules and Regulations]
[Pages 43954-43956]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16947]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2021-0212; FRL-8738-02-R10]
Air Plan Approval; OR; Updates to Adoption by Reference of
Federal Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Oregon State Implementation Plan (SIP) submitted on
January 29, 2021. The revision updates the date by which Federal
provisions are adopted by reference into the Oregon SIP, making air
quality requirements more current.
DATES: This final rule is effective September 10, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2021-0212. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Kristin Hall (15-H13), EPA Region 10,
1200 Sixth Avenue (Suite 155), Seattle, WA 98101, (206) 553-6357,
<a href="/cdn-cgi/l/email-protection#771f161b1b591c051e04031e193712071659101801"><span class="__cf_email__" data-cfemail="6d050c010143061f041e1904032d081d0c430a021b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it refers to the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On January 29, 2021, the Oregon Department of Environmental Quality
submitted a SIP revision to the EPA for approval. The revision, State
effective January 21, 2021, updates the adoption by reference of
Federal requirements used throughout the Oregon air quality rules.
Oregon's air quality rules are codified in Divisions 200 through 268 of
Chapter 340 of the Oregon Administrative Rules (OAR).
We proposed to approve the revisions on April 5, 2021 (86 FR
17569). The reasons for our proposed approval were included in the
proposal and will not be restated here. The public comment period for
our proposal closed on May 5, 2021. We received two public comments.
II. Response to Comments
Comments
The commenters raised a wide range of concerns, including but not
limited to the importance of human rights, legal recourse for victims
of crimes, and just compensation for personal injury and loss of
property. Most of the concerns raised by the commenters are broad in
nature and do not identify any specific requirements that are
inconsistent with Clean Air Act (CAA) requirements.
[[Page 43955]]
Therefore, we consider them outside the scope of this action. However,
we have determined that one issue raised is within the scope of this
action and requires a response. Specifically, one commenter alleged,
generally, that incorporation by reference is illegal.
Response
We disagree with the commenter's assertion that incorporation by
reference is illegal. On the contrary, section 552(a) of title 5,
United States Code provides that reasonably available materials are
considered published in the Federal Register when those materials are
incorporated by reference therein and approved by the Director of the
Federal Register. The Code of Federal Regulations (CFR) at 1 CFR part
51 sets forth the requirements that agencies must follow to incorporate
materials by reference. In this rulemaking, the EPA is complying with
the law by adhering to the requirements of 1 CFR part 51, as authorized
by section 552(a) of title 5, United States Code.
To the extent the commenter has concerns about Oregon's
incorporation of certain Federal regulations by reference into State
rules, Oregon promulgated the rule revisions in accordance with State
and CAA procedural requirements. Documentation of Oregon's rulemaking
process is included in the docket for this action. Also, in approving
SIPs under section 110 of the Clean Air Act (CAA), Congress gave states
the lead in developing plans to implement, maintain, and enforce the
national ambient air quality standards (NAAQS)--standards designed to
protect public health and welfare from air pollution. In reviewing
state plans, the EPA's role is to approve state choices, provided that
they meet the criteria of the CAA. See 42 U.S.C. 7410(k) and 40 CFR
52.02(a). In this case, Oregon submitted State administrative rules to
the EPA and requested that the EPA approve the rules into the Oregon
SIP. Our action on the January 29, 2021 Oregon submission, with which
the commenter takes issue, approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. Therefore, we are finalizing our action as
proposed.
III. Final Action
The EPA is approving, and incorporating by reference, revisions to
the Oregon SIP submitted on January 29, 2021. Upon the effective date
of this action, the Oregon SIP will include the following regulations,
State effective January 21, 2021:
<bullet> OAR 340-200-0035, Reference Materials; and
<bullet> OAR 340-244-0030, General Provisions for Stationary
Sources: Definitions, only to the extent needed to implement the
requirements for gasoline dispensing facilities in Division 244 that
are approved into the SIP for the purposes of regulating VOC emissions.
IV. Incorporation by Reference
In this document, 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 of Oregon
regulatory provisions 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 rule of the
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
<bullet> 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
[[Page 43956]]
Court of Appeals for the appropriate circuit by October 12, 2021.
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: August 3, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth 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, paragraph (c), amend table 2 by revising the
entries for ``200-0035'' and ``244-0030'' and revising footnote number
3 to read as follows:
Sec. 52.2470 Identification of plan.
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(c) * * *
Table 2--EPA Approved Oregon Administrative Rules (OAR) \1\
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State
State citation Title/subject effective date EPA approval date Explanations
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CHAPTER 340--DEPARTMENT OF ENVIRONMENTAL QUALITY
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Division 200--General Air Pollution Procedures and Definitions
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* * * * * * *
200-0035......................... Reference Materials 1/21/2021 8/11/2021, [Insert ...................
Federal Register
citation].
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Division 244--Oregon Federal Hazardous Air Pollutant Program 2 3
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General Provisions for Stationary Sources
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244-0030......................... Definitions........ 1/21/2021 8/11/2021, [Insert ...................
Federal Register
citation].
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\3\ The EPA approves Division 244 only to the extent needed to implement the requirements for gasoline
dispensing facilities that are approved into the SIP for the purpose of regulating VOC emissions.
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[FR Doc. 2021-16947 Filed 8-10-21; 8:45 am]
BILLING CODE 6560-50-P
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