Rule2022-17866
Air Plan Approval; OR; Oakridge PM10 Redesignation to Attainment and Maintenance Plan
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 22, 2022
Effective
September 21, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is redesignating the Oakridge, Oregon nonattainment area to attainment for the 1987 National Ambient Air Quality Standard for particulate matter of 10 microns or less (PM<INF>10</INF> NAAQS). The EPA is also approving a maintenance plan for the area that demonstrates continued compliance with the PM<INF>10</INF> NAAQS through the year 2035, which Oregon submitted, along with the redesignation request, for inclusion into the Oregon State Implementation Plan (SIP). Additionally, the EPA finds adequate and is approving the PM<INF>10</INF> motor vehicle emission budgets for the area. The EPA is taking these actions pursuant to the Clean Air Act (CAA or the Act).
Full Text
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<title>Federal Register, Volume 87 Issue 161 (Monday, August 22, 2022)</title>
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[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Rules and Regulations]
[Pages 51265-51267]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17866]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R10-OAR-2022-0125; FRL-9489-02-R10]
Air Plan Approval; OR; Oakridge PM10 Redesignation to Attainment
and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is redesignating the
Oakridge, Oregon nonattainment area to attainment for the 1987 National
Ambient Air Quality Standard for particulate matter of 10 microns or
less (PM<INF>10</INF> NAAQS). The EPA is also approving a maintenance
plan for the area that demonstrates continued compliance with the
PM<INF>10</INF> NAAQS through the year 2035, which Oregon submitted,
along with the redesignation request, for inclusion into the Oregon
State Implementation Plan (SIP). Additionally, the EPA finds adequate
and is approving the PM<INF>10</INF> motor vehicle emission budgets for
the area. The EPA is taking these actions pursuant to the Clean Air Act
(CAA or the Act).
DATES: This action is effective on September 21, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2022-0125. 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: Christi Duboiski (15-H13), EPA Region
10, 1200 Sixth Avenue (Suite 155), Seattle, WA 98101, at (360) 753-
9081, or <a href="/cdn-cgi/l/email-protection#bbdfced9d4d2c8d0d295d8d3c9d2c8cfd2fbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="a6c2d3c4c9cfd5cdcf88c5ced4cfd5d2cfe6c3d6c788c1c9d0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' or
``our'' is used, it refers to the EPA.
I. Background
On January 13, 2022, Oregon submitted a request for the EPA to
redesignate the Oakridge nonattainment area to attainment for the 1987
24-hour
[[Page 51266]]
PM<INF>10</INF> NAAQS under section 107(d)(3)(E) of the CAA. On May 9,
2022, the EPA proposed to determine that the Oakridge, Oregon
nonattainment area met the statutory requirements for redesignation
under the CAA and proposed to approve, as a revision to the Oregon SIP,
the State's plan for maintaining the 1987 24-hour PM<INF>10</INF> NAAQS
through the year 2035 (87 FR 27540). The EPA's proposed approval was
based upon the EPA's determination that the area continues to attain
the 1987 24-hour PM<INF>10</INF> NAAQS \1\ and that all other
redesignation criteria have been met for the area. In addition, in
accordance with 40 CFR 93.118(f)(2), the EPA proposed to find adequate
and approve the Oakridge 2015, 2025, 2030 and 2035 PM<INF>10</INF>
motor vehicle emission budgets.
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\1\ The EPA, 2020 Air Quality System (AQS) Design Value Report,
AMP480, accessed July 26, 2022. The Design Value Report excludes
measurements with regionally concurred exceptional event flags.
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An explanation of the CAA requirements, a detailed analysis of the
submittal, and the EPA's reasons for approval were provided in the
notice of proposed rulemaking and will not be restated here. The public
comment period closed on June 8, 2022. We received no public comments,
therefore, we are finalizing the action as proposed.
II. Final Action
The EPA is redesignating the Oakridge, Oregon PM<INF>10</INF> area
to attainment and we are approving the associated maintenance plan as a
revision to the Oregon SIP. The designation status of the Oakridge,
Oregon PM<INF>10</INF> area under 40 CFR part 81 will be revised to
attainment upon the effective date of this final action. We are also
finding adequate and approving the PM<INF>10</INF> motor vehicle
emission budgets included in the Oakridge maintenance plan.
Finally, the EPA is removing from the SIP and from incorporation by
reference the outdated City of Oakridge Ordinance 815, city approved
August 15, 1996, which restricts use of solid fuel space heating
devices during air pollution episodes, because it has been superseded
by the City of Oakridge Ordinance No. 920, approved by the EPA on
February 08, 2018 (83 FR 5537).
We note, the EPA is taking a separate and final action on the
Oakridge PM<INF>2.5</INF> redesignation request and maintenance plan,
the Lane County Codes, the City of Oakridge Ordinance No. 920 and the
LRAPA Title 29 rule revisions, which were also included in the January
13, 2022 submission.
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. As described in section II of this
preamble, the EPA is removing City of Oakridge Ordinance 815, which is
outdated. This material has been approved by the EPA for exclusion from
the SIP as of the effective date of EPA's approval of the final rule.
The EPA has made, and will continue to make, incorporation by reference
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).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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 Clean Air Act; 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).
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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 21, 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
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.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 12, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
[[Page 51267]]
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:
a. In paragraph (c), amend Table 3 by removing the entry ``City of
Oakridge Ordinance 815''; and
0
b. In paragraph (e), amend Table 5 under the heading ``Attainment and
Maintenance Planning--Particulate Matter (PM<INF>10</INF>)'' by adding
an entry for ``Oakridge PM<INF>10</INF> Maintenance Plan'' immediately
following the entry for ``PM<INF>10</INF> 2nd 10-year Limited
Maintenance Plan''.
The addition reads as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(e) * * *
Table 5--State of Oregon Air Quality Control Program Approved But Not Incorporated By Reference
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Applicable
Name of SIP provision geographic or State EPA approval date Explanations
nonattainment area submittal date
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Attainment and Maintenance Planning--Particulate Matter (PM10)
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* * * * * * *
Oakridge PM10 Maintenance Plan.. Oakridge........... 1/13/2022 8/22/2022, [INSERT .....................
Federal Register
CITATION].
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.338 amend the table entitled ``Oregon--PM-10'' by
revising the entry for ``Oakridge (the Urban Growth Boundary area)'' to
read as follows:
Sec. 81.338 Oregon.
* * * * *
Oregon--PM-10
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Designation Classification
Designated area ---------------------------------------------------------------------------------
Date Type Date Type
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* * * * * * *
Oakridge (the Urban Growth 8/22/2022 Attainment
Boundary area).
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[FR Doc. 2022-17866 Filed 8-19-22; 8:45 am]
BILLING CODE 6560-50-P
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