Rule2022-09977
Air Plan Approval; OR; Air Contaminant Discharge Permit Fee Revision
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
May 12, 2022
Effective
June 13, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the Oregon State Implementation Plan (SIP) submitted on November 5, 2020. The revision establishes new fees to be paid by stationary sources of air contaminants that submit notices of intent to construct. The revision also adds a new basic air contaminant discharge permit category to allow certain minor sources, that would otherwise be required to obtain a general, simple, or standard permit, the option to qualify for a basic permit.
Full Text
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<title>Federal Register, Volume 87 Issue 92 (Thursday, May 12, 2022)</title>
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[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Rules and Regulations]
[Pages 29046-29048]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09977]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2020-0684; FRL-9402-02-R10]
Air Plan Approval; OR; Air Contaminant Discharge Permit Fee
Revision
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
November 5, 2020. The revision establishes new fees to be paid by
stationary sources of air contaminants that submit notices of intent to
construct. The revision also adds a new basic air contaminant discharge
permit category to allow certain minor sources, that would otherwise be
required to obtain a general, simple, or standard permit, the option to
qualify for a basic permit.
DATES: This final rule is effective June 13, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2020-0684. 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#7a121b161654110813090e13143a1f0a1b541d150c"><span class="__cf_email__" data-cfemail="157d7479793b7e677c66617c7b557065743b727a63">[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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
On November 5, 2020, Oregon submitted a SIP revision addressing
stationary source permitting and associated fees.\1\ The revision,
State effective September 21, 2020, makes updates to SIP-approved air
quality permitting regulations. Oregon's air quality regulations are
codified in Divisions 200 through 268 of Chapter 340 of the Oregon
Administrative Rules (OAR).
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\1\ Oregon subsequently revised the scope of the SIP revision
submitted for EPA approval in a letter dated December 22, 2021. In
the letter, Oregon clarified that OAR 340-216-8020, which includes
the specific fee amounts to be paid by sources, is not submitted for
SIP approval. The letter has been placed in the docket for this
action.
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We proposed to approve the submitted SIP revision on February 14,
2022 (87 FR 8222). The reasons for our proposed approval are included
in the proposal and will not be restated here. The public comment
period closed on March 16, 2022. We received no public comments,
therefore, we are finalizing the action as proposed.
II. Final Action
The EPA is approving, and incorporating by reference, revisions to
the Oregon SIP submitted on November 5, 2020, for the purposes of SIP-
related permitting. Upon the effective date of this action, the Oregon
SIP will include the following regulations, State effective September
21, 2020:
<bullet> OAR 340-210-0230, Notice of Construction and Approval of
Plans: Notice to Construct;
<bullet> OAR 340-210-0240, Notice of Construction and Approval of
Plans: Construction Approval; and
<bullet> OAR 340-216-8010, Table 1--Activities and Sources.
III. 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 Section II of this preamble and
set forth below in the amendments to 40 CFR part 52. 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 Clean Air
[[Page 29047]]
Act 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.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. 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 Court of Appeals for
the appropriate circuit by July 11, 2022. 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.
Dated: May 3, 2022.
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, amend table 2 in paragraph (c) by revising the
entries for ``210-0230'', ``210-0240'', and ``216-8010'' to read as
follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA-Approved Oregon Administrative Rules (OAR) \1\
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State
State citation Title/subject effective EPA approval date Explanations
date
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Chapter 340--Department of Environmental Quality
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[[Page 29048]]
Division 210--Stationary Source Notification Requirements
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* * * * * * *
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Notice of Construction and Approval of Plans
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* * * * * * *
210-0230......................... Notice to Construct. 9/21/2020 5/12/2022, [INSERT ...................
Federal Register
CITATION].
210-0240......................... Construction 9/21/2020 5/12/2022, [INSERT ...................
Approval. Federal Register
CITATION].
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Division 216--Air Contaminant Discharge Permits
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* * * * * * *
216-8010......................... Table 1--Activities 9/21/2020 5/12/2022, [INSERT ...................
and Sources. Federal Register
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.
* * * * *
[FR Doc. 2022-09977 Filed 5-11-22; 8:45 am]
BILLING CODE 6560-50-P
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