Rule2022-27490
Air Plan Approval; OR; Updates to Materials Incorporated by Reference
Primary source
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Published
December 20, 2022
Effective
December 20, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is updating the regulatory materials incorporated by reference into the Oregon State Implementation Plan (SIP). The regulations addressed in this action were previously submitted by the Oregon Department of Environmental Quality (ODEQ) and approved by the EPA in prior rulemakings. In this action, the EPA is also notifying the public of corrections to typographical errors, and minor formatting changes to the incorporation by reference tables. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration and the EPA Regional Office.
Full Text
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<title>Federal Register, Volume 87 Issue 243 (Tuesday, December 20, 2022)</title>
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[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Rules and Regulations]
[Pages 77720-77722]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27490]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2022-0740; FRL-10172-01-R10]
Air Plan Approval; OR; Updates to Materials Incorporated by
Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
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SUMMARY: The Environmental Protection Agency (EPA) is updating the
regulatory materials incorporated by reference into the Oregon State
Implementation Plan (SIP). The regulations addressed in this action
were previously submitted by the Oregon Department of Environmental
Quality (ODEQ) and approved by the EPA in prior rulemakings. In this
action, the EPA is also notifying the public of corrections to
typographical errors, and minor formatting changes to the incorporation
by reference tables. This update affects the SIP materials that are
available for public inspection at the National Archives and Records
Administration and the EPA Regional Office.
DATES: This action is effective December 20, 2022.
ADDRESSES: SIP materials which are incorporated by reference into the
Code of Federal Regulations (CFR) at 40 CFR part 52 are available for
inspection at the following locations: online at <a href="http://www.regulations.gov">www.regulations.gov</a> in
the docket for this action, by appointment at the EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, and by appointment at the
National Archives and Records Administration (NARA). For information on
the availability of this material at the EPA Regional Office, please
contact the person in the FOR FURTHER INFORMATION CONTACT section of
this document. For information on the availability of this material at
NARA, NARA, email <a href="/cdn-cgi/l/email-protection#385e4a1651564b485d5b4c5157567856594a59165f574e"><span class="__cf_email__" data-cfemail="accade82c5c2dfdcc9cfd8c5c3c2ecc2cddecd82cbc3da">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
FOR FURTHER INFORMATION CONTACT: Christi Duboiski, EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, (360) 753-9081, or
<a href="/cdn-cgi/l/email-protection#f39786919c9a80989add909b819a80879ab3968392dd949c85"><span class="__cf_email__" data-cfemail="355140575a5c465e5c1b565d475c46415c755045541b525a43">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document revised by the State as necessary to
address its unique air pollution problems in a manner consistent with
requirements of section 110 of the Clean Air Act (CAA), 42 U.S.C. 7410.
Therefore, from time to time, the EPA must take action on SIP revisions
containing new and/or revised regulations, approving and incorporating
them by reference into the SIP. On May 22, 1997, the EPA revised the
procedures for incorporating by reference federally approved SIP
provisions, as a result of consultations between the EPA and the Office
of the Federal Register (OFR) (62 FR 27968). The description of the
revised SIP document, IBR procedures and ``Identification of plan''
format is discussed in further detail in the May 22, 1997, Federal
Register document. On December 10, 2013, the EPA published a Federal
Register document beginning the new IBR procedure for Oregon (78 FR
74012). The EPA subsequently published an update to the IBR materials
for Oregon on April 10, 2019 (84 FR 14272). Since then, the EPA has
approved and incorporated by reference several provisions of the Oregon
Revised Statutes (ORS), Oregon Administrative Rules (OAR), Lane
Regional Clean Air Protection Agency (LRAPA) rules, and City and County
Ordinances into the Oregon SIP. The following Federal Register
documents contain the provisions that EPA approved and incorporated by
reference: 84 FR 26347, June 6, 2019; 84 FR 58324, October 31, 2019; 84
FR 58327, October 31, 2019; 85 FR 35198, June 9, 2020; 86 FR 27976, May
25, 2021; 86 FR 43954, August 11, 2021; 87 FR 29046, May 12, 2022; 87
FR 41256, July 12, 2022; 87 FR 51262, August 22, 2022; and 87 FR 51265,
August 22, 2022.
II. EPA Action
In this action, the EPA is announcing the update to the Oregon
materials approved and incorporated by reference into the Oregon SIP at
40 CFR 52.1970(c) as of August 31, 2022. The EPA is also correcting
minor typographical errors, including correcting the federal citation
for the June 9, 2020 approval of OAR 340-236-0010 Definitions
(definitions for emission standards for specific industries) from ``85
FR 33198'' to ``85 FR 35198''; correcting typographical errors to entry
OAR 340-256-0330 to reflect corrected information and finally
correcting Table 4, footnote 1 to replace the word ``Titles'' with the
word ``Title''. Lastly, in subsection 52.1970 (e), the EPA is revising
the heading for Table 5 to better reflect the content of the table.
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedures Act (APA), which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation, and section 553(d)(3),
which allows an agency to make an action effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). Today's rule simply codifies provisions, which are already in
effect as a matter of law in Federal and approved State programs. Under
section 553 of the APA, an agency may find good cause where procedures
are ``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice in the CFR benefits the public by removing outdated citations
and incorrect table entries.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
[[Page 77721]]
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is updating its compilation of State and local rules
included in the Oregon SIP by finalizing the incorporation by reference
of previously EPA-approved regulations promulgated by Oregon and
federally approved prior to August 31, 2022. These include new and
revised provisions as contained in the Federal Register documents
listed in section I of this preamble. Lastly, the EPA is also
correcting typographical errors in 52.1970(c) as described in section
II of this preamble. The EPA has made, and will continue to make, these
materials generally available through <a href="http://www.regulations.gov">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 (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 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 as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Alaska regulations described in sections I and II of this preamble. The
EPA has made, and will continue to make, these documents generally
available electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> and/or in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
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).
The EPA has also determined that the provisions of section
307(b)(1) of the CAA pertaining to petitions for judicial review are
not applicable to this action. Prior EPA rulemaking actions for each
individual component of the Oregon SIP compilations had previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, the
EPA sees no need in this action to reopen the 60-day period for filing
such petitions for judicial review for this ``Identification of plan''
update action for Oregon.
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 record keeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 13, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.
Part 52 of chapter I, title 40 of the Code of Federal Regulations,
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart MM--Oregon
0
2. In Sec. 52.1970:
0
a. Revise paragraph (b);
0
b. In paragraph (c):
0
i. Amend Table 2, by revising the entry for ``236-0010 Definitions'';
0
ii. Amend Table 2, by revising the entry for ``256-0330 Department of
Defense Personnel Participating in the Privately Owned Vehicle Import
Control Program'';
0
iii. Amend Table 4, by revising Footnote ``1''; and
0
c. In paragraph (e), revise the heading for Table 5.
The revisions read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed as incorporated
by reference in paragraphs (c) and (d) of this section with an EPA
approval date prior to August 31, 2022, was approved for incorporation
by reference by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it
exists on the date of the approval and notice of any change in the
material will be published in the Federal Register. Entries in
paragraphs (c) and (d) of this section, with the EPA approval dates on
or after August 31, 2022, will be incorporated by reference in the next
update to the SIP compilation.
(2) EPA Region 10 certifies that the rules and regulations provided
by the EPA in the SIP compilation at the addresses in paragraph (b)(3)
of this section are an exact duplicate of the officially promulgated
State rules/regulations which have been approved
[[Page 77722]]
as part of the State Implementation Plan as of August 31, 2022.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 10 Office at 1200 Sixth Ave., Suite 155,
Seattle, WA 98101; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email <a href="/cdn-cgi/l/email-protection#f69084d89f9885869395829f9998b698978497d8919980"><span class="__cf_email__" data-cfemail="b8deca96d1d6cbc8dddbccd1d7d6f8d6d9cad996dfd7ce">[email protected]</span></a>, or go to:
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
(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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* * * * * * *
236-0010.................. Definitions................. 7/19/2019 6/9/2020, 85 FR 35198. ..............
* * * * * * *
256-0330.................. Department of Defense 10/14/1999 11/22/2004; 69 FR ..............
Personnel Participating in 67819.
the Privately Owned Vehicle
Import Control Program.
* * * * * * *
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* * * * *
Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules
for Lane County, Oregon \1\
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\1\ The EPA approves the requirements in Table 4 of this paragraph (c)
only to the extent they apply to (1) pollutants for which NAAQS have
been established (criteria pollutants) and precursors to those
criteria pollutants as determined by the EPA for the applicable
geographic area; and (2) any additional pollutants that are required
to be regulated under Part C of Title I of the CAA, but only for the
purposes of meeting or avoiding the requirements of Part C of Title I
of the CAA.
* * * * *
(e) * * *
Table 5--State of Oregon Air Quality Control Program--Nonregulatory
Provisions and Quasi-Regulatory Measures
* * * * *
[FR Doc. 2022-27490 Filed 12-19-22; 8:45 am]
BILLING CODE 6560-50-P
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