Rule2025-15441
Air Plan Approval; Oregon; Lane Regional Air Protection Agency, Outdoor Burning
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 14, 2025
Effective
September 15, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving and incorporating by reference into the Oregon State Implementation Plan (SIP) the Lane Regional Air Protection Agency (LRAPA) revised outdoor burning rule revisions submitted by the Oregon Department of Environmental Quality (ODEQ) on July 1, 2024, in coordination with LRAPA. The revised rule, applicable in Lane County, Oregon, clarifies terminology, revises formatting, and expands the residential outdoor burning season to allow burning of woody yard trimmings on approved burn days within Lowell city limits from October 1 through June 15. The ODEQ included in the submittal a technical demonstration that the requested expansion of the residential outdoor burning season will not interfere with attainment and maintenance of the NAAQS and other applicable Clean Air Act (CAA) requirements. The EPA is approving these revisions because they meet the applicable requirements of the Clean Air Act.
Full Text
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<title>Federal Register, Volume 90 Issue 155 (Thursday, August 14, 2025)</title>
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[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Rules and Regulations]
[Pages 39126-39128]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15441]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2024-0569: FRL-12446-02-R10]
Air Plan Approval; Oregon; Lane Regional Air Protection Agency,
Outdoor Burning
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving and
incorporating by reference into the Oregon State Implementation Plan
(SIP) the Lane Regional Air Protection Agency (LRAPA) revised outdoor
burning rule revisions submitted by the Oregon Department of
Environmental Quality (ODEQ) on July 1, 2024, in coordination with
LRAPA. The revised rule, applicable in Lane County, Oregon, clarifies
terminology, revises formatting, and expands the residential outdoor
burning season to allow burning of woody yard trimmings on approved
burn days within Lowell city limits from October 1 through June 15. The
ODEQ included in the submittal a technical demonstration that the
requested expansion of the residential outdoor burning season will not
interfere with attainment and maintenance of the NAAQS and other
applicable Clean Air Act (CAA) requirements. The EPA is approving these
revisions because they meet the applicable requirements of the Clean
Air Act.
DATES: This final rule is effective September 15, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2024-0569 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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: Jacob Wolf, EPA Region 10, 950 West
Bannock Avenue--Suite 900, Boise, ID 83702, at (206) 553-0275, or
<a href="/cdn-cgi/l/email-protection#bccbd3d0da92d6dddfd3defcd9ccdd92dbd3ca"><span class="__cf_email__" data-cfemail="186f77747e3672797b777a587d6879367f776e">[email protected]</span></a>.
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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
On July 1, 2024, the ODEQ and LRAPA submitted revisions to the
Oregon SIP as it applies in Lane County. These changes include updates
to the LRAPA section 47-015(2) outdoor burning rule to expand the
outdoor burning season in the city of Lowell (which is located in the
Eugene-Springfield metropolitan statistical area), updates and
revisions to definitions in section 47-010, and revisions to formatting
throughout section 47-001, section 47-005, section 47-010, section 47-
015, and section 47-020. On May 23, 2025, the EPA proposed to approve
these changes (90 FR 22051). The reasons for our proposed
[[Page 39127]]
approval were stated in the proposed rulemaking and will not be re-
stated here. The public comment period for our proposed action ended on
June 23, 2025. We received no comments.
II. Final Action
We are approving, and incorporating by reference into the Oregon
SIP, the submitted revisions to the LRAPA title 47 outdoor burning
rule, sections 001, 005, 010 (except the definition of ``nuisance''),
015 (except (1)(d), (1)(h), and the note in (2)(i)), and 020 (except
(3), (9)(i), and (10)). These rules became State effective May 24,
2024, and were submitted to the EPA by the ODEQ in coordination with
LRAPA on July 1, 2024. Based on the demonstration provided by ODEQ and
LRAPA, we find that these revisions will not interfere with attainment
of the NAAQS or any other applicable requirement of the Clean Air Act.
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 LRAPA
Title 47 revisions, State effective May 24, 2024, as described in
section II of this preamble and set forth in the amendments to 40 CFR
part 52 in this document. The EPA has made, and will continue to make,
these documents 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 rulemaking
of the EPA's approval, and will be incorporated by reference by the
Director of the Federal Register in the next update to the SIP
compilation.
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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866:
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
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 September 15, 2025. 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 1, 2025.
Emma Pokon,
Regional Administrator, Region 10.
For the reasons stated 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 paragraph (c), Table 4, under the heading
``Title 47--Rules for Outdoor Burning'', by revising the entries for
``47-001'', ``47-005'', ``47-010'', ``47-015'', and ``47-020'' to read
as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
[[Page 39128]]
Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules for Lane County, Oregon \1\
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State
LRAPA citation Title/subject effective EPA approval date Explanations
date
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* * * * * * *
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Title 47--Rules for Outdoor Burning
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47-001....................... General Policy........ 5/24/2024 8/14/2025, 90 FR .....................
[INSERT FEDERAL
REGISTER PAGE WHERE
THE DOCUMENT BEGINS].
47-005....................... Exemptions from These 5/24/2024 8/14/2025, 90 FR .....................
Rules. [INSERT FEDERAL
REGISTER PAGE WHERE
THE DOCUMENT BEGINS].
47-010....................... Definitions........... 5/24/2024 8/14/2025, 90 FR Except the definition
[INSERT FEDERAL of ``nuisance.''
REGISTER PAGE WHERE
THE DOCUMENT BEGINS].
47-015....................... Outdoor Burning 5/24/2024 8/14/2025, 90 FR Except (1)(d), (1)(h)
Requirements. [INSERT FEDERAL and the note in
REGISTER PAGE WHERE (2)(i).
THE DOCUMENT BEGINS].
47-020....................... Letter Permits........ 5/24/2024 8/14/2025, 90 FR Except (3), (9)(i),
[INSERT FEDERAL and (10).
REGISTER PAGE WHERE
THE DOCUMENT BEGINS].
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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.
* * * * *
[FR Doc. 2025-15441 Filed 8-13-25; 8:45 am]
BILLING CODE 6560-50-P
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