Proposed Rule2026-04333
Air Plan Approval; OR; Klamath Falls PM2.5 Redesignation to Attainment and Maintenance Plan
Primary source
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Published
March 4, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) proposes to approve an August 20, 2024 request by the Oregon Department of Environmental Quality (Oregon) to revise the attainment plan for the Klamath Falls, Oregon, nonattainment area; redesignate the Klamath Falls nonattainment area to attainment for the 2006 24-hour fine particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality Standard (NAAQS); and approve into the Oregon state implementation plan (SIP) a maintenance plan for the area that demonstrates continued attainment through 2037. This proposed rulemaking includes approving the motor vehicle emission budget for the area and approving updated state rules and the Klamath County Clean Air Ordinance, to be incorporated by reference. EPA proposes these actions pursuant to the Clean Air Act (CAA or the Act).
Full Text
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<title>Federal Register, Volume 91 Issue 42 (Wednesday, March 4, 2026)</title>
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[Federal Register Volume 91, Number 42 (Wednesday, March 4, 2026)]
[Proposed Rules]
[Pages 10545-10556]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04333]
[[Page 10545]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R10-OAR-2025-0052; FRL-12592-01-R10]
Air Plan Approval; OR; Klamath Falls PM2.5 Redesignation to
Attainment and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
an August 20, 2024 request by the Oregon Department of Environmental
Quality (Oregon) to revise the attainment plan for the Klamath Falls,
Oregon, nonattainment area; redesignate the Klamath Falls nonattainment
area to attainment for the 2006 24-hour fine particulate matter
(PM<INF>2.5</INF>) National Ambient Air Quality Standard (NAAQS); and
approve into the Oregon state implementation plan (SIP) a maintenance
plan for the area that demonstrates continued attainment through 2037.
This proposed rulemaking includes approving the motor vehicle emission
budget for the area and approving updated state rules and the Klamath
County Clean Air Ordinance, to be incorporated by reference. EPA
proposes these actions pursuant to the Clean Air Act (CAA or the Act).
DATES: Comments must be received on or before April 3, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2025-0052, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. EPA may publish any comment
received to its public docket. Do not electronically submit any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Claudia Vaupel, EPA Region 10, 1200
Sixth Avenue, Suite 155, M/S 15-H13, Seattle WA, 98101; by telephone at
(206) 553-6121, or by email at <a href="/cdn-cgi/l/email-protection#b1c7d0c4c1d4dd9fd2ddd0c4d5d8d0f1d4c1d09fd6dec7"><span class="__cf_email__" data-cfemail="cfb9aebabfaaa3e1aca3aebaaba6ae8faabfaee1a8a0b9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' or
``our'' is used, it refers to EPA.
Table of Contents
I. Background
II. Revisions to the Klamath Falls Attainment Plan
III. Clean Air Act Requirements for Redesignation to Attainment
IV. EPA's Analysis of Oregon's Redesignation Submittal
A. Determination That the Area Has Attained the 2006 24-Hour
PM<INF>2.5</INF> NAAQS
B. Applicable Requirements Under CAA Section 110 and Part D
1. CAA Section 110 General SIP Requirements
2. CAA Title I, Part D Requirements
3. Fully Approved SIP Under CAA Section 110(k)
C. Improvement in Air Quality Due to Permanent and Enforceable
Measures
D. Fully Approved Maintenance Plan
1. Attainment Inventory
2. Maintenance Demonstration
3. Monitoring Network and Verification of Continued Attainment
4. Contingency Plan
E. Transportation Conformity and Motor Vehicle Emissions Budgets
F. State Rule Changes To Reflect the Redesignation
V. Proposed Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
EPA sets the NAAQS for certain ambient air pollutants at levels
required to protect human health and the environment. Particulate
matter with an aerodynamic diameter less than or equal to 2.5
micrometers, or PM<INF>2.5</INF>, is one of the air pollutants for
which EPA has established health-based standards. On October 17, 2006
(71 FR 61144), EPA set the level of the primary 24-hour
PM<INF>2.5</INF> NAAQS to 35 [micro]g/m\3\. On November 13, 2009 (74 FR
58688), EPA designated a portion of Klamath County, Oregon, as
nonattainment for the 2006 24-hour PM<INF>2.5</INF> NAAQS, triggering
Clean Air Act attainment planning requirements for the area. On June 2,
2014 (79 FR 31566), EPA classified the Klamath Falls area as a Moderate
nonattainment area.
On December 12, 2012, Oregon submitted an attainment plan (Klamath
Falls Attainment Plan) to EPA that focused primarily on reducing
emissions from residential wood combustion during the winter heating
season, which is when violations of the 2006 24-hour PM<INF>2.5</INF>
typically NAAQS occurred. The Klamath Falls Attainment Plan
demonstrated how the Klamath Falls 2006 24-hour PM<INF>2.5</INF>
nonattainment area (Klamath Falls area) would attain the 2006 24-hour
PM<INF>2.5</INF> NAAQS by the December 2014 attainment date. EPA
approved the Klamath Falls Attainment Plan in two actions, on August
25, 2015, and June 6, 2016.\1\ The June 6, 2016, action included EPA's
finding that the Klamath Falls area had attained the 2006 24-hour
PM<INF>2.5</INF> NAAQS by December 31, 2014, and finalized a Clean Data
Determination (CDD) pursuant to 40 CFR 51.1015. The CDD suspended the
requirements for the state to submit an attainment demonstration,
associated Reasonably Available Control Measures, Reasonable Further
Progress, contingency measures, and any other SIP planning requirements
related to the attainment of the 2006 PM<INF>2.5</INF> NAAQS, so long
as the area continues to meet the standard.\2\
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\1\ See 80 FR 51470 (August 25, 2015) and 81 FR 36176 (June 6,
2016).
\2\ Id.
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On August 20, 2024, Oregon submitted revisions to the Klamath Falls
Attainment Plan as well as a request to EPA to redesignate the Klamath
Falls area to attainment for the 2006 24-hour PM<INF>2.5</INF> NAAQS
and to approve into the Oregon SIP a maintenance plan for the area that
demonstrates continued attainment through 2037. Oregon clarified its
submissions in two letters dated April 4, 2025, and December 9, 2025.
II. Revisions to the Klamath Falls Attainment Plan
Oregon's submission includes revisions to the Klamath Falls
Attainment Plan to incorporate updates to the Klamath County Clean Air
Ordinance (Ordinance No. 63-06).
EPA approved Ordinance No. 63-06 (adopted on December 31, 2012)
into Oregon's SIP August 25, 2015.\3\ The ordinance includes several
control measures that EPA determined meet CAA moderate area control
strategy requirements, particularly for the solid fuel burning area
source category. On June 25, 2024, Klamath County adopted updates to
the SIP-approved Klamath County Clean Air ordinance in the form of
Ordinance No. 63-07. Oregon submitted Klamath County Ordinance No. 63-
07 to EPA for approval into Oregon's SIP. The following is EPA's
discussion and analysis of revisions to
[[Page 10546]]
the Klamath County Clean Air Ordinance.
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\3\ See 80 FR 51470 (August 25, 2015).
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406.001 Policy and Purpose and 406.450 Severability
Summary of SIP Revision
Klamath County made minor changes to the policy and purpose
provision, 406.001, and the severability provision, 406.450. These
include wording changes such as replacing ``problems'' with ``issues,''
``address'' with ``assess,'' ``clean'' with ``cleaner,''
``jurisdiction'' with ``jurisdictions.''
EPA's Evaluation
EPA is proposing to approve these minor revisions.
406.005 Definitions
Summary of SIP Submission
Klamath County made several non-substantive changes to the
definitions in the Clean Air Ordinance. For example, the County
capitalized certain words that were originally lower case. In other
instances, the County made minor word choice changes (e.g., replacing
``die down'' with ``completely extinguish,'' and ``violator'' with
``individual or entity in violation''). Klamath County removed unused
definitions, e.g., ``urban growth boundary.'' The County consolidated
the definition of ``pellet stove'' into the definition of ``wood
burning device.''
Likewise, Klamath County consolidated certain definitions
associated with outdoor burning into a central definition of ``open/
outdoor burning.'' This central definition includes agricultural waste,
commercial waste, construction waste, demolition waste, domestic waste,
forest slash waste, and industrial waste, and waste from agricultural
operations. This new term applies to all open or outdoor fires intended
for the combustion of yard debris and cites the definition of ``open
burning'' in OAR 340-264-0030(25)(c), a SIP-approved rule. In line with
the removal of waste categories, Klamath County revised the definition
of yard debris by removing criteria that distinguish between domestic
and commercial waste and changing ``waste'' in the definition of
``open/outdoor burning'' to ``yard debris.'' The County also revised
the definition of ``open/outdoor burning'' to remove ``open or outdoor
fires intended for heating.''
The County removed the definition of ``person'' and changed the
definition of ``responsible person'' to ``responsible party,'' which is
consistent with the updated outdoor burning requirements in section
406.100(3)(K). The County also replaced the term ``Air Quality
Inspector'' with ``Air Quality Specialist'' and added language
clarifying the Air Quality Specialist's role to develop forecasts and
respond to violations, and to educate the public about the ordinance
and violations.
The County also revised the definition of the Klamath County
Advisory Committee from being appointed by the Klamath County Board of
Commissioners to being selected by the Klamath County Public Health
department. The revised ordinance clarifies that a role of the
committee is to provide community input on program implementation and
removes the duty of the committee to identify significant emissions
sources. Klamath County also removed the legal description of air
quality zone (AQZ); however, the ordinance already contains a map of
the AQZ.
The County added new definitions for ``Air quality outlook'' and
``Air Quality Index (AQI)'' which are used to provide air quality
information to the public based on the Oregon AQI. The purpose of the
air quality outlooks is to inform the public of air quality when
conditions are at or above levels that are unhealthy for sensitive
groups (AQI of 101).
In addition, Klamath County replaced outdated specifications in the
definition of ``woodstove/woodheater'' and ``American Society for
Testing and Materials (ASTM) Standards'' with references to ``current
EPA emissions standards,'' which are incorporated into the definition
of ``certified woodburning device.''
The County replaced the definitions of ``solid fuel fired
appliance'' and ``woodstove/woodheater'' with ``wood burning device.''
Accordingly, the County replaced the definition of ``exempt solid-fuel
fired appliance'' with ``exempt wood burning device'' and removed the
definition of ``woodstove/woodheater.'' In the definition of
``certificate of exemption,'' the County removed language that provided
for exempting open or outdoor burning from burning curtailments. The
County also removed the definition of ``particulate matter ten microns
and less (PM<INF>10</INF>)'' and removed PM<INF>10</INF> wood burning
curtailment advisories.
Klamath County also made several changes to certain definitions
associated with the issuance of burn bans. The County issues burn
notifications under section 406.150 of the Ordinance. Klamath formerly
used a color-code to issue burn notifications (red, yellow, green). In
section 406.005, the County defined each color based on the projected
PM<INF>2.5</INF> level. Klamath County replaced the former definition
of each color with burn notifications phrases (``burning allowed,''
``exempt wood burning devices only,'' and ``no burning allowed'').
The County defined the ``burning allowed'' notice as when the air
quality forecast projects that PM<INF>2.5</INF> levels will be below 22
micrograms per cubic meter ([micro]g/m\3\) for a 24-hour average. Under
this notice there is no burn ban. ``Exempt wood burning devices only''
is defined as when the forecast projects that PM<INF>2.5</INF> levels
have the potential to exceed 22 [micro]g/m\3\ for a 24-hour average.
Under this notice, the County will allow burning in only devices for
which the County has issued a certificate of exemption under section
406.200. ``No burning allowed'' is defined as when the forecast
indicates that PM<INF>2.5</INF> levels have the potential to exceed 35
[micro]g/m\3\ for a 24-hour average. Under this notice, no burning is
allowed in any devices.
Klamath County revised the definition of ``low income'' from the
Housing and Urban Development definition of ``very low income'' to
using 250 percent of the Federal poverty level. Under 406.200, the
County issues certificates of exemption to only ``low income''
individuals for the purposes of the ``exempt wood burning devices
only'' notification.
Section 406.005 includes a definition of ``certificate of
variance,'' which is a term used throughout the ordinance. However,
Oregon did not include 406.250 Certificate of Variance in its
submittal. Therefore, the variance authority referenced in the
definitions and other portions of the ordinance is not proposed for
approval into the Klamath Falls Attainment Plan.
EPA's Evaluation
EPA has evaluated the changes to section 406.005 and proposes to
approve them for the following reasons. Many of the revisions are minor
editorial corrections that do not change the substance of the
associated definitions or regulatory provisions. The revisions
including the replacement of person with responsible party, revision to
the definition of air quality zone, and the change to ``open/outdoor
burning'', clarify the rules and make the rules easier to implement.
The revisions to air advisory committee and air quality outlook do
not change the substance or stringency of the control measures in the
Ordinance. The replacement of outdated woodstove/woodheater
specifications improves the stringency of the Ordinance. Similarly, the
consolidation of multiple definitions into ``wood burning device''
simplifies the
[[Page 10547]]
Ordinance and will improve implementation. The County's removal of the
exemption for open and outdoor burning from burning curtailments in the
definition of ``certificate of exemption'' improves the stringency of
the Ordinance.
In addition, the County's removal of definitions of PM<INF>10</INF>
is appropriate for the Klamath Falls area because EPA previously
approved removing the PM<INF>10</INF> monitor from the area and
approved an approach using the Klamath Falls PM<INF>2.5</INF>
monitoring data as a surrogate for measuring PM<INF>10</INF>. Moreover,
the revised PM<INF>2.5</INF> curtailment trigger (when the 24-hour
average PM<INF>2.5</INF> concentrations have the potential to exceed or
are exceeding an estimate of 35 [micro]g/m\3\) is more protective than
the former PM<INF>10</INF> curtailment trigger (when PM<INF>10</INF>
concentrations have the potential to exceed or are exceeding an
estimate of 150 ug/m\3\).
With respect to the revisions to the burn curtailment advisory
definitions, the replacement of the color code with natural language
advisories will provide for equivalent emissions reductions. Notably,
the new natural language advisories do not exactly parallel the former
color code but will simplify implementation. We note that the new
``Exempt Wood Burning Device'' category significantly limits the
categories of exempt devices than the former red and yellow advisories.
This will lead to significant emissions reductions well before the area
is forecasted to experience PM<INF>2.5</INF> levels at the NAAQS.
Likewise, the ``No Burn Period'' advisory limits burning to only
individuals with a wood stove as a sole source of heat. Although the
``No Burn Period'' is called when levels are projected to exceed 35
[micro]g/m\3\ as opposed to 30 [micro]g/m\3\ in the former regulation,
the broader applicability will compensate in terms of greater emission
reductions.
Likewise, the revision to the definition of ``low income'' is
appropriate. We acknowledge that this revision may allow more people to
qualify for exemptions during a burning curtailment. As of 2025, the
very low-income limit for a four-person household in Klamath County was
$40,700.\4\ According to the U.S. Department of Health and Human
Services, 250 percent of the Federal poverty level for a four-person
household is $80,375.\5\ Thus, this revision broadens the scope of
individuals eligible to obtain a certificate of exemption. However,
other changes to the definitions strengthen the Ordinance. Notably,
pellet stoves, fireplaces, cook stoves, masonry heaters, and open
burning are no longer exempt from burn bans. We also acknowledge that
adjusting the income limits is necessary to ensure the measure is
feasible to implement.\6\ Individuals making 250 percent of the Federal
poverty level likely cannot afford alternative sources of heat. Between
40 and 49 percent of Klamath County residents earning 200 percent or
below the Federal poverty level experience high or severe energy
burden.\7\ The U.S. Department of Energy classifies a household
spending 6 percent or more of its income on home energy costs as
experiencing high energy burden.\8\ The per capita energy expenditures
in Oregon in 2022 was $4,594, which is a 61percent increase since
2020.\9\ At this expenditure level, households making 250 percent of
the Federal poverty level would experience high energy burden.
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\4\ See FY 2025 Income Limits Documentation System, Klamath
County, available at <a href="https://www.huduser.gov/portal/datasets/il/il2025/2025summary.odn?STATES=41.0&INPUTNAME=NCNTY41035N41035*4103599999%2BKlamath+County&statelist=&stname=Oregon&wherefrom=&statefp=41&year=2025&ne_flag=&selection_type=county&incpath=&data=2025&SubmitButton=View+County+Calculations/">https://www.huduser.gov/portal/datasets/il/il2025/2025summary.odn?STATES=41.0&INPUTNAME=NCNTY41035N41035*4103599999%2BKlamath+County&statelist=&stname=Oregon&wherefrom=&statefp=41&year=2025&ne_flag=&selection_type=county&incpath=&data=2025&SubmitButton=View+County+Calculations/</a>.
\5\ 2025 Poverty Guidelines: 48 Contiguous States (all states
except Alaska and Hawaii), available at <a href="https://aspe.hhs.gov/sites/default/files/documents/dd73d4f00d8a819d10b2fdb70d254f7b/detailed-guidelines-2025.pdf/">https://aspe.hhs.gov/sites/default/files/documents/dd73d4f00d8a819d10b2fdb70d254f7b/detailed-guidelines-2025.pdf/</a>.
\6\ 40 CFR 51.1009(a)(3).
\7\ 2024 Biennial Energy Report, Oregon Department of Energy,
November 2024, p. 45, available at <a href="https://www.oregon.gov/energy/Data-and-Reports/Documents/2024-Biennial-Energy-Report.pdf/">https://www.oregon.gov/energy/Data-and-Reports/Documents/2024-Biennial-Energy-Report.pdf/</a>.
\8\ U.S. Department of Energy, Low-Income Energy Affordability
Data (LEAD) Tool, available at <a href="https://www.energy.gov/scep/low-income-energy-affordability-data-lead-tool/">https://www.energy.gov/scep/low-income-energy-affordability-data-lead-tool/</a>.
\9\ 2024 Biennial Energy Report, Oregon Department of Energy,
November 2024, p. 61, available at <a href="https://www.oregon.gov/energy/Data-and-Reports/Documents/2024-Biennial-Energy-Report.pdf/">https://www.oregon.gov/energy/Data-and-Reports/Documents/2024-Biennial-Energy-Report.pdf/</a>.
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406.100 County Wide Air Quality Pollution Control Requirements
Summary of SIP Submission
Klamath County revised section 406.100 to incorporate the updated
definitions discussed previously. The County clarified the open burning
hours in two primary ways. First, the county replaced ``sunrise'' and
``sunset'' with times of day, ``8 a.m.'' and ``5 p.m.,'' respectively.
Second, under the current rule, burning conducted for ``forest slash
fires'' or ``ecosystem management'' are not required to be extinguished
by sunset. The County revised the rule to exempt Federal, State, and
local agency managed open burning (e.g., forest fuel reduction, fire
training, and ecosystem management) from the requirement to extinguish
the fire by sunset. In addition, the revised Ordinance expands and
clarifies the burn notification period from ``during the winter heating
season'' to ``from October 15 through March 15.'' The County added a
requirement that newly retrofitted fireplaces must comply with
fireplace ASTM standards. The County also added a provision allowing
certain types of fires: ``outdoor fires used for cooking, personal
warmth, lighting, ceremonial, or aesthetic purposes, and are not
associated with waste disposal'' but provided that such fires must be
contained within a fireproof container designed for outdoor burning, be
capable of containing the fire and coals above the ground surface, and
may not exceed two feet in diameter and two feet in height.
EPA Evaluation
EPA reviewed the revisions to section 406.100 and proposes to
approve them for the following reasons. Several revisions improve the
clarity and enforceability of the section. Notably, the changes to the
burn ban season and time periods make the section easier to follow and
enforce. The addition of the requirement that newly installed
fireplaces meet ASTM standards strengthens the Ordinance. Also, the
former open burn hours exemption for slash fires and ecosystem
management was ambiguous. Klamath County's revisions clarify and narrow
the exemption's scope. Finally, we acknowledge that the addition of the
exemption for certain small fires makes the rule less stringent.
However, we do not anticipate that this narrow exemption will interfere
with attainment of the NAAQS because the exemption is limited to very
small fires for certain limited purposes.
406.150 Air Quality Pollution Requirements Applying Within the AQZ
Summary of SIP Submission
Klamath County revised section 406.150 to incorporate the updated
definitions discussed previously and to remove the 3-minute per hour
exemption from the 20 percent opacity limit and the exemption for
pellet stoves, antique stoves, masonry fireplaces, and cookstoves,
during wood burning curtailments. Other revisions to the Ordinance
include removing the requirement that three weekends be included in the
open/outdoor burning window and removing the option to extend the open
burn window by the number of days that burning was prohibited. The
requirement to consult with the City of Klamath Falls Code
[[Page 10548]]
Compliance Officer before an open burn window is declared was also
removed. The County added a provision to prohibit structures that can
impede the view of material being burned outdoors.\10\
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\10\ We note that Oregon did not submit section 406.150.1.D.e,
``other emergencies as determined by Klamath County Public Health,''
for EPA's approval into the Oregon SIP.
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EPA's Evaluation
We discussed the reasons for proposing to approve the updated burn
ban requirements under section 406.005. In addition, we are proposing
to approve revisions to section 406.150 because these revisions
strengthen the Ordinance. The County removed exemptions on certain
devices and removed the opacity limit exemption for 3 minutes each
hour. These changes increase the stringency of the Ordinance.
406.200 Certificate of Exemption
Summary of SIP Submission
Klamath County revised section 406.200 to incorporate the updated
definitions discussed previously. Klamath County also revised the
section to clarify that the certificate of exemption is for low-income
households or those with wood heating as a sole source of heat.
EPA Evaluation
For the reasons discussed under section 406.005, EPA is proposing
to approve these revisions.
406.500 Air Quality Advisory Committee
Summary of SIP Submission
Klamath County's revisions to section 406.500 changed the board
composition from persons ``representing industry'' and the ``general
public'' to ``community members.'' Outdated contingency measures that
might have been triggered in 2014 and 2015 and are no longer relevant.
EPA Evaluation
EPA is proposing to approve these revisions.
III. Clean Air Act Requirements for Redesignation to Attainment
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, CAA section 107(d)(3)(E), allows for
redesignation provided that: (1) EPA determines that the area has
attained the applicable NAAQS; (2) EPA has fully approved the
applicable implementation plan for the area under CAA section 110(k);
(3) EPA determines that the improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable Federal air
pollutant control regulations and other permanent and enforceable
reductions; (4) EPA has fully approved a maintenance plan for the area
as meeting the requirements of CAA section 175A; and (5) the State has
met all requirements applicable to the area under CAA section 110 and
part D. In this proposed rulemaking, EPA will review CAA section
107(d)(3)(E) requirements (2) and (5) together as part of our
evaluation of Oregon's redesignation request.
EPA has provided guidance on redesignations in the ``General
Preamble,'' \11\ and has provided further guidance on processing
redesignation requests in the following documents: (1) ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992 (Calcagni Memo); (2) ``State Implementation Plan
(SIP) Actions Submitted in Response to Clean Air Act (CAA) Deadlines,''
Memorandum from John Calcagni, Director, Air Quality Management
Division, October 28, 1992; and (3) ``Part D New Source Review (part D
NSR) Requirements for Areas Requesting Redesignation to Attainment,''
Memorandum from Mary D. Nichols, Assistant Administrator for Air and
Radiation, October 14, 1994. These documents are included in the docket
for this proposed rulemaking.
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\11\ See ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992).
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IV. EPA's Analysis of Oregon's Redesignation Submittal
EPA is proposing to redesignate the Klamath Falls area to
attainment for the 2006 24-hour PM<INF>2.5</INF> NAAQS and to approve a
maintenance plan for the area (the Klamath Falls Maintenance Plan) that
demonstrates the area will remain in attainment of the 2006 24-hour
PM<INF>2.5</INF> NAAQS for 10 years after redesignation. EPA's proposed
approval of the redesignation request and maintenance plan is based
upon EPA's determination that the area continues to attain the 2006 24-
hour PM<INF>2.5</INF> NAAQS and that all other redesignation criteria
have been met for the area. The following is a description of how
Oregon's August 20, 2024, submission and the April 4, 2025, and
December 9, 2025, clarification letters, available in the docket for
this rulemaking, satisfy the requirements of CAA section 107(d)(3)(E)
for the 2006 24-hour PM<INF>2.5</INF> standard.
A. Determination That the Area Has Attained the 2006 24-Hour PM2.5
NAAQS
To redesignate an area from nonattainment to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2006 24-
hour PM<INF>2.5</INF> NAAQS, when the 3-year average 98th percentile
mass concentrations produce a valid design value that is less than or
equal to 35 [micro]g/m\3\, based on 3 complete, consecutive calendar
years of quality-assured air quality monitoring data, as determined in
accordance with 40 CFR 50.13 and 40 CFR part 50, appendix N.\12\
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\12\ The design value is the metric calculated in accordance
with 40 CFR part 50, appendix N, for determining compliance with the
NAAQS. Section 4.5 of appendix N provides the procedures and
equations for calculating the 24-hour PM<INF>2.5</INF> NAAQS design
values and section 4.3 provides the rounding conventions.
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As previously noted, on June 6, 2016 (81 FR 36176), EPA determined
that the Klamath Falls area had attained the 2006 24-hour
PM<INF>2.5</INF> NAAQS of 34 [micro]g/m\3\ based on the 2012-2014
design value period. For this proposed rulemaking, EPA reviewed the
recent PM<INF>2.5</INF> ambient air monitoring data in the Klamath
Falls area for the 2022 through 2024 design value period. The Klamath
Falls area continues to attain the 2006 24-hour PM<INF>2.5</INF> NAAQS
with a 2022 through 2024 design value of 34 [micro]g/m\3\.
EPA's review of the monitoring data supports the previous
determination and therefore EPA finds it is appropriate to conclude the
area has continued to attain the 2006 24-hour PM<INF>2.5</INF> NAAQS,
based on attaining design values at the Peterson School regulatory
monitor (AQS ID 41-035-0004).
B. Applicable Requirements Under CAA Section 110 and Part D
CAA section 107(d)(3)(E)(ii) and (v) states that for an area to be
redesignated to attainment, it must be determined that the
Administrator has fully approved the applicable implementation plan for
the area under CAA section 110(k) and all the requirements applicable
to the area under CAA section 110 (general SIP requirements) and part D
of title I (SIP requirements for nonattainment areas) must be met. We
interpret this to mean that, for a redesignation request to be
approved, the state must have met all requirements that applied to the
subject area prior to, or at the time of, submitting a complete
redesignation
[[Page 10549]]
request. EPA may rely on prior SIP approvals in approving a
redesignation request as well as any additional measure it may approve
in conjunction with a redesignation action.\13\
---------------------------------------------------------------------------
\13\ Calcagni Memo, 3; Wall v. EPA, 265 F.3d 426, 438 (6th Cir.
2001); and Southwestern Pennsylvania Growth Alliance v. Browner, 144
F.3d 984, 989-990 (6th Cir. 1998).
---------------------------------------------------------------------------
1. CAA Section 110 General SIP Requirements
CAA section 110(a)(2) of title I delineates the general
requirements for a SIP, which include enforceable emissions limitations
and other control measures, means or techniques, provisions for the
establishment and operation of appropriate devices necessary to collect
data on ambient air quality, and programs to enforce the limitations.
The general SIP elements and requirements set forth in CAA section
110(a)(2) include, but are not limited to the following:
<bullet> Submittal of a SIP that has been adopted by the state
after reasonable public notice and hearing;
<bullet> Provisions for establishment and operation of appropriate
procedures needed to monitor ambient air quality;
<bullet> Implementation of a minor source permit program;
<bullet> Provisions for the implementation of part C requirements
(referred to as prevention of significant deterioration or PSD);
<bullet> Provisions for the implementation of CAA part D
requirements for nonattainment new source review (referred to as part D
NNSR, NNSR, nonattainment NSR, or NSR) permit programs;
<bullet> Provisions for air pollution modeling; and
<bullet> Provisions for public and local agency participation in
planning and emission control rule development.\14\
---------------------------------------------------------------------------
\14\ See the General Preamble for further explanation of these
requirements. 57 FR 13498 (April 16, 1992).
---------------------------------------------------------------------------
We note that SIPs must be fully approved only with respect to
applicable requirements for purposes of redesignation in accordance
with CAA section 107(d)(3)(E)(ii). Similarly, EPA believes that the
other CAA section 110(a)(2) (and part D) requirements that are not
connected with nonattainment plan submittals and not linked with an
area's attainment status are not applicable requirements for purposes
of redesignation. EPA considers the CAA section 110(a)(2) (and part D)
requirements that relate to a particular nonattainment area's
designation and classification as the relevant measures to evaluate in
reviewing a redesignation request. This approach is consistent with
EPA's existing policy on applicability of the conformity SIP
requirement for redesignations.\15\
---------------------------------------------------------------------------
\15\ See 75 FR 36023 through 36026 (June 24, 2010) and citations
within.
---------------------------------------------------------------------------
EPA has reviewed the relevant measures in the Oregon SIP and
concludes that they meet the general SIP requirements under CAA section
110(a)(2). EPA has previously approved provisions of Oregon's SIP as
demonstrating compliance with the CAA section 110(a)(2) requirements
for the 2006 PM<INF>2.5</INF> NAAQS.\16\ These requirements are,
however, statewide requirements that are not linked to the
PM<INF>2.5</INF> nonattainment status of the Klamath Falls area. In
addition, there are no outstanding or disapproved applicable SIP
submittals with respect to the Klamath Falls area that would prevent
redesignation of the Klamath Falls area for the 2006 PM<INF>2.5</INF>
NAAQS. Therefore, EPA concludes that Oregon has met all general SIP
requirements for the Klamath Falls area for purposes of redesignating
the area to attainment for the 2006 PM<INF>2.5</INF> NAAQS.
---------------------------------------------------------------------------
\16\ See e.g., 78 FR 46514 (August 1, 2013), and 80 FR 2313
(January 16, 2015).
---------------------------------------------------------------------------
2. CAA Title I, Part D Requirements
As set forth in CAA part D of title I, the basic nonattainment plan
requirements applicable to all nonattainment areas at subpart 1 (CAA
sections 172 through 176) and requirements specific to PM<INF>10</INF>
and PM<INF>2.5</INF> areas at subpart 4 (CAA section 189). On August
24, 2016 (81 FR 58010), EPA promulgated the Fine Particulate Matter
National Ambient Air Quality Standards; State Implementation Plan
Requirements rule which implements the CAA part D requirements for
areas designated nonattainment for any PM<INF>2.5</INF> NAAQS.\17\
---------------------------------------------------------------------------
\17\ See 81 FR 58010 (August 24, 2016). Codified at 40 CFR part
51, subpart Z.
---------------------------------------------------------------------------
States containing Moderate PM<INF>2.5</INF> nonattainment areas
were required to submit SIPs, by December 31, 2014, that demonstrated
how the areas would attain the PM<INF>2.5</INF> NAAQS by December 31,
2015.\18\ As discussed in section I of this document, EPA approved the
Klamath Falls Attainment Plan, determined that the Klamath Falls area
had attained the 2006 24-hour PM<INF>2.5</INF> NAAQS by the attainment
date, and finalized a CDD pursuant to 40 CFR 51.1015.\19\ In accordance
with 40 CFR 51.1015, upon a CDD, the requirements for the state to meet
certain nonattainment plan requirements under CAA section 172(c) shall
be suspended until such time as: (1) the area is redesignated to
attainment, after which such requirements are permanently discharged;
or, (2) EPA determines that the area has re-violated the
PM<INF>2.5</INF> NAAQS. This includes the requirements to submit an
attainment demonstration, provisions demonstrating that reasonably
available control measures (RACM), including reasonably available
control technologies (RACT) for stationary sources, shall be
implemented no later than 4 years following the date of designation of
the area, reasonable further progress (RFP) plan, quantitative
milestones (QM) and reports, and contingency measures for the area.
However, determinations of attainment do not relieve states from
submitting and EPA from approving certain other CAA part D planning
requirements for the 2006 PM<INF>2.5</INF> NAAQS. CAA section 172(c)(3)
requires submittal and approval of a comprehensive, accurate and
current inventory of actual emissions. For purposes of the
PM<INF>2.5</INF> NAAQS, this emissions inventory should address not
only direct emissions of PM<INF>2.5</INF>, but also emissions of all
precursors to PM<INF>2.5</INF> formation, i.e., SO<INF>2</INF>,
NO<INF>X</INF>, VOC, and ammonia. EPA determined that Oregon met the
CAA section 172(c)(3) comprehensive emissions inventory requirement for
the Klamath Falls area on June 6, 2016.\20\
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\18\ See CAA section 188(c)(1), 42 U.S.C. 7513(c)(1), and 40 CFR
51.1004(a)(1). See also Identification of Nonattainment
Classification and Deadlines for Submission of State Implementation
Plan (SIP) Provisions for the 1997 Fine Particle (PM<INF>2.5</INF>)
National Ambient Air Quality Standard (NAAQS) and 2006
PM<INF>2.5</INF> NAAQS (June 2, 2014), 79 FR 31566, 31567-68.
\19\ See 80 FR 51470 (August 25, 2015) and 81 FR 36176 (June 6,
2016).
\20\ See 80 FR 51470 (August 25, 2015).
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CAA section 172(c)(4) requires the identification and
quantification of allowable emissions for major new or modified
stationary sources in an area, and CAA section 172(c)(5) requires
source permits for the construction and operation of new or modified
major stationary sources anywhere in the nonattainment area. EPA most
recently approved Oregon's NSR permit program as meeting these
requirements on July 23, 2024 (89 FR 59610).
Once the Klamath Falls area is redesignated to attainment, sources
located in the Klamath Falls area will be subject to Oregon's NSR
regulations applicable to maintenance areas. Oregon's NSR and PSD
regulations are codified in the Oregon Administrative Rules (OAR),
chapter 340, divisions 200, 202, 209, 212, 216, 222, 224 (except
0510(3) inter-pollutant offset ratios), 225, and 268. EPA finds that
Oregon's NSR and PSD provisions meet all
[[Page 10550]]
applicable Federal requirements for any area designated unclassifiable
or attainment, and these provisions will become fully effective in the
Klamath Falls area upon redesignation to attainment. EPA most recently
approved revisions to division 224, Oregon's NSR program, on July 23,
2024 (89 FR 59610).
CAA section 172(c)(7) requires the SIP to meet the applicable
provisions of CAA section 110(a)(2). As explained previously in section
IV.B.1 of this document, we have proposed to find that the Oregon SIP
meets the CAA section 110(a)(2) applicable requirements. For purposes
of redesignation to attainment for the 2006 24-hour PM<INF>2.5</INF>
NAAQS, EPA also proposes to find that Oregon has met all the applicable
SIP requirements under CAA part D of title I in accordance with CAA
section 107(d)(3)(E)(v).
3. Fully Approved SIP Under CAA Section 110(k)
CAA section 110(k) sets out provisions governing EPA's review of
SIP submittals. For an area to qualify for redesignation, the SIP for
the area must be fully approved under CAA section 110(k). As discussed
in sections IV.B.1 and IV.B.2 of this document, for purposes of
redesignation to attainment for the 2006 24-hour PM<INF>2.5</INF>
NAAQS, EPA has fully approved all applicable requirements in the
Klamath Falls Attainment Plan into the Oregon SIP in accordance with
CAA section 110(k). Therefore, the criterion for redesignation, set
forth at CAA section 107(d)(3)(E)(ii), is satisfied.
C. Improvement in Air Quality Due to Permanent and Enforceable Measures
CAA section 107(d)(3)(E)(iii) provides that for an area to be
redesignated to attainment, the Administrator must determine that the
improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
implementation plan, implementation of applicable Federal air pollutant
control regulations, and other permanent and enforceable reductions. In
making this demonstration for the Klamath Falls area, Oregon explained
that residential wood heating was the major source of emissions
contributing to violations of the 24-hour PM<INF>2.5</INF> NAAQS, which
occur primarily during the winter season. The permanent and enforceable
control measures included in the Klamath Falls Attainment Plan focused
on reducing emissions from residential wood combustion, as well as
other contributing sources including open burning, permitted industrial
facilities, and mobile sources. The following paragraphs describe the
permanent and enforceable local and state control measures that were
adopted in the Klamath Falls Attainment Plan.
Oregon identified emissions from residential wood heating in the
winter months as the major contributor to nonattainment in the Klamath
Falls area. The Klamath Falls Attainment Plan implemented enforceable
state and local strategies to reduce emissions from residential wood
heating and EPA approved them into the Oregon SIP on June 6, 2016 (81
FR 36176), making them federally enforceable. In this rulemaking, EPA
is proposing to approve revisions to the Klamath Falls Attainment Plan,
as discussed in section II of this document. The strategies in the
Klamath Falls Attainment Plan include curtailing wood heating on days
when exceedances of the 2006 24-hour PM<INF>2.5</INF> NAAQS are most
likely to occur, a woodstove change out program, prohibitions on resale
and installation of non-certified \21\ solid fuel heating devices,
requirements to remove non-certified solid fuel heating devices at the
time of home sale, and certain operational requirements for solid-fuel
heating.
---------------------------------------------------------------------------
\21\ Information on EPA certified woodstoves is available at:
<a href="https://www.epa.gov/burnwise/epa-certified-wood-stoves/">https://www.epa.gov/burnwise/epa-certified-wood-stoves/</a>.
---------------------------------------------------------------------------
The mandatory curtailment program, under the Klamath Clean Air
Ordinance, restricts combustion in residential wood burning devices
when elevated PM<INF>2.5</INF> concentrations are forecast in the air
quality zone.\22\ Key elements of the curtailment program include daily
burn notifications during the heating season, from October 15 through
March 15. A ``no burning allowed'' notification is issued when 24-hour
average PM<INF>2.5</INF> concentrations have the potential to exceed or
are exceeding 35[mu]g/m\3\. During this time, operating any wood
burning device is prohibited. An ``exempt wood burning devices only''
notification is issued when PM<INF>2.5</INF> 24-hour average
concentrations have the potential to exceed 22[mu]g/m\3\ but are not
projected to exceed 35[mu]g/m\3\. During this time, only devices with
an approved certificate of exemption may burn. A certificate of
exemption may be issued by the Klamath County Public Health
Administrator or designee to applicants who qualify as low income or
whose sole source of heat is a wood burning device. A ``burning
allowed'' notification is issued when 24-hour average PM<INF>2.5</INF>
concentrations are forecast to not exceed 22[mu]g/m\3\. All wood
burning devices may be used during this time.
---------------------------------------------------------------------------
\22\ The air quality zone is slightly smaller than the Klamath
Falls nonattainment area. (See Klamath Clean Air Ordinance, Exhibit
A).
---------------------------------------------------------------------------
To reduce the number of high-emitting wood burning devices that
operate in the Klamath Falls area, Oregon implemented a woodstove
changeout program, prohibited the sale and installation of non-
certified devices, required the removal and destruction of all non-
certified wood burning devices at the time of home sale (including
residences, shops, garages, and outbuildings), and established new
fireplace standards. The woodstove changeout program provided financial
incentives for homeowners to replace non-certified woodstoves with
newer, cleaner heating devices. Oregon stated that 180 woodstoves had
been replaced in the changeout program, and 7 uncertified woodstoves
had been removed upon home sale as of the date of its redesignation
request and maintenance plan submission. Oregon projects that by 2028,
411 woodstoves will have been replaced. The removal of non-certified
woodstoves and the prohibition on their sale and installation ensures
the emissions reductions from changeouts and removal at time of home
sale are permanent and enforceable.
The Klamath Falls Attainment Plan includes operational requirements
for residential wood heating, specifically limits on opacity and
restrictions on materials that can be burned. The Klamath Clean Air
Ordinance prohibits operating a wood burning device in a manner that
produces smoke with opacity greater than 20 percent, except during the
first 10 minutes of operation.\23\ The Ordinance also lists the types
of fuel that can be used in a wood burning device as: only dry,
seasoned cordwood, pressed sawdust logs, organic charcoal or pellets
specifically manufactured for the appliance. Both the Klamath Clean Air
Ordinance and the Oregon Heat Smart Program (OAR Division 262) list
materials that are prohibited from being burned in a solid-fuel heating
device. The combined list of prohibited materials include: garbage,
treated wood, plastic or plastic products, rubber or rubber products,
animal carcasses, products that contain asphalt, petroleum products,
paint, chemicals, products containing lead, mercury or other heavy or
toxic metals, materials containing asbestos, wire insulation,
automobile parts,
[[Page 10551]]
particleboard, and animal or vegetable matter resulting from the
handling, preparation, cooking or service of food that normally results
in dense or noxious smoke when burned.
---------------------------------------------------------------------------
\23\ We note that other control measures apply during the
opacity start-up exemption, which target emissions reductions from
the same sources, including a requirement that only dry, seasoned
cordwood, pressed sawdust logs, organic charcoal or pellets
specifically manufactured for the appliance can be burned.
---------------------------------------------------------------------------
While emissions from residential wood heating in the winter months
was identified as the major contributor to nonattainment in the Klamath
Falls area, and therefore the Attainment Plan largely relies on
implemented enforceable state and local strategies to reduce emissions
from residential wood heating, other permanent and enforceable measures
contained in the Klamath Falls Attainment plan include those for open
burning, permitted industrial facilities, and industrial sources. The
Klamath Clean Air Ordinance allows for open and outdoor burning during
specific time periods, and within the Klamath Falls air quality zone
during open burn periods declared by Klamath County Public Health. To
address emissions from industrial facilities, the Klamath Falls
Attainment Plan implemented rules requiring all permitted facilities
emitting 10 or more tons per year of PM<INF>2.5</INF> to implement
RACT. Specifically, the rules (OAR 340-240-0510 through OAR 340-240-
0530) include opacity limits, fugitive emissions plans, and operations
and maintenance best practices. Emissions reductions are expected to
increase in future years as the motor vehicle fleet in Klamath Falls
turns over. Further, the Klamath Falls Attainment Plan stated that
efforts to reduce road dust emissions generated by motor vehicle
traffic had been achieved through road paving, minimizing the use of
sanding material, and controlling mud and dirt track out from
industrial, construction and agricultural operations. The Interagency
Agreement to Reduce Particulate Emissions from Winter Road Sanding
between the Oregon Department of Transportation, the Klamath County
Public Works Department, and the City of Klamath Falls Public Works
Department was approved into the Oregon SIP.
Based on EPA's evaluation of the control measures, we propose to
determine that the improvement in air quality is reasonably
attributable to permanent and enforceable reductions in emissions
resulting from implementation of the applicable state, local, and
Federal air pollutant control regulations, and other permanent and
enforceable emissions reductions.
D. Fully Approved Maintenance Plan
In conjunction with Oregon's request to redesignate the Klamath
Falls area to attainment, Oregon submitted a plan to provide for
maintenance of the 2006 24-hour PM<INF>2.5</INF> NAAQS through 2037
(Klamath Falls Maintenance Plan). EPA is proposing to approve the
Klamath Falls Maintenance Plan, and if this proposed rulemaking is
finalized, the Klamath Falls area will have an approved
PM<INF>2.5</INF> maintenance plan.
CAA section 107(d)(3)(E)(iv) requires that, for a nonattainment
area to be redesignated to attainment, EPA must fully approve a
maintenance plan for the area as meeting the requirements of CAA
section 175A. The maintenance plan must demonstrate continued
attainment of the relevant NAAQS in the area for at least 10 years
after redesignation. Eight years after redesignation, the state must
submit a revised maintenance plan demonstrating attainment for an
additional 10-year period. The maintenance plan must also contain a
contingency plan to ensure prompt correction of any violation of the
NAAQS that occurs after redesignation of the area. See CAA sections
175A(a), (b) and (d). The Calcagni Memo provides additional guidance on
the content of a maintenance plan, stating that a maintenance plan
should include the following elements: (1) an attainment emissions
inventory; (2) a maintenance demonstration showing attainment for 10
years following redesignation; (3) a commitment to maintain and operate
an appropriate air quality monitoring network; (4) verification of
continued attainment; and (5) a contingency plan to prevent or correct
future violations of the NAAQS. The following describes how each of the
maintenance plan elements are addressed in the maintenance plan.
1. Attainment Inventory
As discussed in the CAA General Preamble (See 57 FR 13498, April
16, 1992) and the Calcagni Memo, PM<INF>2.5</INF> maintenance plans
should include an attainment emission inventory to identify the level
of emissions in the area which are sufficient to maintain the NAAQS.
The attainment inventory should be consistent with EPA's emissions
inventory requirements and most recent guidance on emission inventories
for nonattainment areas available at the time and should represent
emissions during the time period associated with the monitoring data
showing attainment.\24\ The inventory must be comprehensive, including
emissions from stationary point sources, area sources, and mobile
sources, and must be based on actual emissions during the appropriate
season, if applicable.
---------------------------------------------------------------------------
\24\ See Calcagni Memo at 8.
---------------------------------------------------------------------------
The Klamath Falls Maintenance Plan includes an attainment inventory
for the year 2017, which is associated with monitoring data showing
attainment of the 2006 24-hour PM<INF>2.5</INF> NAAQS with a 2015-2017
design value of 32 [micro]g/m\3\.\25\ Therefore, the 2017 emissions
inventory identifies the level of emissions in the Klamath Falls area
that is sufficient to attain the 2006 24-hour PM<INF>2.5</INF> NAAQS.
The 2017 emissions inventory includes annual emissions and typical
season day emissions. Typical season day emissions represent emissions
from November 1 through the end of February, which is when the 2006 24-
hour PM<INF>2.5</INF> NAAQS has historically been exceeded in the
Klamath Falls area. The attainment inventories shown in table 1 of this
document, include emissions of PM<INF>2.5</INF>, nitrogen oxides
(NO<INF>X</INF>), sulfur dioxide (SO<INF>2</INF>), ammonia
(NH<INF>3</INF>) and volatile organic compounds (VOC) for the four
major source categories: events and natural sources, mobile
sources,\26\ nonpoint sources, and point sources.
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\25\ Air Quality Design Values are available at <a href="https://www.epa.gov/air-trends/air-quality-design-values/">https://www.epa.gov/air-trends/air-quality-design-values/</a>. The 2015-2017
design value excludes data from wildfire exceptional events. EPA's
concurrence letter, technical support document, and monitoring data
report are included in the docket for this rulemaking.
\26\ For more information on how the mobile source emissions
were developed, see section IV.E of this document.
Table 1--2017 Annual (in Tons per Year) and Typical Season Day (in
Pounds per Day) Attainment Inventories for the Klamath Falls Area
------------------------------------------------------------------------
Pollutant emissions by emission Annual emissions Typical season day
category (tons per year) (pounds per day)
------------------------------------------------------------------------
Direct PM2.5:
Events and Natural Sources.. 163.5 2,347
Mobile Sources.............. 56.5 328
[[Page 10552]]
Nonpoint Sources............ 232.5 1,191
Point Sources............... 158.5 1,002
---------------------------------------
Direct PM2.5 Total...... 611 4,868
NH3:
Events and Natural Sources.. 32.2 462
Mobile Sources.............. 13 69
Nonpoint Sources............ 97.6 337
Point Sources............... 111.7 537
---------------------------------------
NH3 Total............... 254.5 1,406
NOX:
Events and Natural Sources.. 72.8 559
Mobile Sources.............. 650.4 3,490
Nonpoint Sources............ 77.l 656
Point Sources............... 257.6 1,551
---------------------------------------
NOX Total............... 1,057.9 6,256
SO2:
Events and Natural Sources.. 12.1 174
Mobile Sources.............. 13.9 70
Nonpoint Sources............ 6.7 40
Point Sources............... 14.8 84
---------------------------------------
SO2 Total............... 47.6 368
VOC:
Events and Natural Sources.. 5,613.1 47,209
Mobile Sources.............. 406.6 2,256
Nonpoint Sources............ 724.2 4,308
Point Sources............... 555.5 3,124
---------------------------------------
VOC Total............... 7,299.4 56,897
------------------------------------------------------------------------
EPA has reviewed the results, procedures, and methodologies for the
Klamath Falls 2017 attainment inventories and proposes to find that
they are based on the most current and accurate information available
to Oregon at the time they were developed. Based on our review of the
emissions inventories that Oregon provided in its submission, we
propose to find that Oregon prepared an adequate attainment inventory
for the Klamath Falls area.\27\
---------------------------------------------------------------------------
\27\ ``Emissions Inventory Guidance for Implementation of Ozone
and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations,'' May 2017.
---------------------------------------------------------------------------
2. Maintenance Demonstration
CAA section 175A requires a state seeking redesignation to
attainment to submit a SIP revision to provide for maintenance of the
NAAQS in the area ``for at least 10 years after the redesignation.'' A
state can make this demonstration by either showing that future
emissions of a pollutant or its precursors will not exceed the level of
the attainment inventory or by modeling to show that the future mix of
sources and emissions rates will not cause a violation of the
NAAQS.\28\
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\28\ See Calcagni Memo, pages 9-10.
---------------------------------------------------------------------------
In the Klamath Falls Maintenance Plan, Oregon elected the
attainment inventory method to show that the Klamath Falls area will
remain in attainment. Oregon developed projected emissions inventories
for the year 2037, shown in table 2 of this document, which satisfies
the 10-year interval required in CAA section 175A. Like the attainment
inventories, the 2037 inventories include the four major source
categories: events and natural sources, mobile sources, nonpoint
sources, and point sources. Oregon projected future year emission
inventories using the latest socioeconomic growth indictors and
applying emissions reduction benefits from adopted control strategies
when appropriate.\29\ Oregon estimated ``no growth'' in emissions from
2017 to 2037 for point sources, events (wildfires/prescribed and
structural fires) and some agriculture sources.
---------------------------------------------------------------------------
\29\ For more detailed information on the inventories, see
appendix 2 of the Klamath Falls Redesignation Request and
Maintenance Plan for PM<INF>2.5,</INF> in the docket for this
rulemaking.
Table 2--2037 Annual (in Tons per Year) and Typical Season Day (in
Pounds per Day) Inventories for the Klamath Falls Area
------------------------------------------------------------------------
Pollutant emissions by emission Annual emissions Typical season day
category (tons per year) (pounds per day)
------------------------------------------------------------------------
Direct PM2.5:
Events and Natural Sources.. 163.5 2,347
Mobile Sources.............. 59.6 348
[[Page 10553]]
Nonpoint Sources............ 223.7 994
Point Sources............... 158.5 1,002
---------------------------------------
Direct PM2.5 Total...... 605.3 4,691
NH3:
Events and Natural Sources.. 32.2 462
Mobile Sources.............. 10.11 56
Nonpoint Sources............ 103.6 347
Point Sources............... 111.7 537
---------------------------------------
NH3 Total............... 257.61 1,403
NOX:
Events and Natural Sources.. 72.8 559
Mobile Sources.............. 451 2,469
Nonpoint Sources............ 79.8 670
Point Sources............... 208.5 1,281
---------------------------------------
NOX Total............... 812.1 4,980
SO2:
Events and Natural Sources.. 12.11 174
Mobile Sources.............. 14.1 71
Nonpoint Sources............ 6.9 38
Point Sources............... 14.8 84
---------------------------------------
SO2 Total............... 47.91 367
VOC:
Events and Natural Sources.. 5,613.1 47,209
Mobile Sources.............. 224.1 1,231
Nonpoint Sources............ 756.5 4,334
Point Sources............... 555.5 3,124
---------------------------------------
VOC Total............... 7,149.2 55,897
------------------------------------------------------------------------
Table 3 of this document shows the change in projected annual and
typical season day emissions between the 2017 attainment year and 2037
future year inventories. Future emissions of direct PM<INF>2.5</INF>,
NO<INF>X</INF>, and VOC are expected to be lower than in the 2017
attainment year, while future NH<INF>3</INF> and SO<INF>2</INF>
emissions are expected to increase slightly, by approximately one
percent by 2037. Oregon attributes the reductions in directly emitted
PM<INF>2.5</INF> primarily to the removal of residential wood heating
devices and their replacement with heat pumps or gas furnaces and to
wood burning curtailment during stagnant conditions.\30\
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\30\ The control strategies are discussed in section IV.C of
this document.
Table 3--Change in Annual (in Tons per Year) and Typical Season Day (in
Pound per Day) Inventories for the Klamath Falls Area from 2017 to 2037
------------------------------------------------------------------------
Change in typical
Pollutant emissions by emission Change in annual season day
category emissions (tons emissions (pounds
per year) per day)
------------------------------------------------------------------------
Direct PM2.5:
Events and Natural Sources.. 0 0
Mobile Sources.............. 3.1 20
Nonpoint Sources............ -8.8 -197
Point Sources............... 0 0
---------------------------------------
Direct PM2.5 Total...... -5.7 -177
NH3:
Events and Natural Sources.. 0 0
Mobile Sources.............. -2.89 -13
Nonpoint Sources............ 6 10
Point Sources............... 0 0
---------------------------------------
NH3 Total............... 3.11 -3
NOX:
Events and Natural Sources.. 0 0
Mobile Sources.............. -199.4 -1,021
[[Page 10554]]
Nonpoint Sources............ 2.7 14
Point Sources............... -49.1 -270
---------------------------------------
NOX Total............... -245.8 -1,276
SO2:
Events and Natural Sources.. 0.01 0
Mobile Sources.............. 0.2 1
Nonpoint Sources............ 0.2 -2
Point Sources............... 0 0
---------------------------------------
SO2 Total............... 0.31 -1
VOC:
Events and Natural Sources.. 0 0
Mobile Sources.............. -182.5 -1,025
Nonpoint Sources............ 32.3 26
Point Sources............... 0 0
---------------------------------------
VOC Total............... -150.2 -1,000
------------------------------------------------------------------------
EPA has reviewed the documentation provided by Oregon for
developing the projected 2037 emissions inventories for the Klamath
Falls area. Based on our review, EPA finds that the projected
inventories were developed using appropriate assumptions and
procedures, comprehensively address all source categories in the
Klamath Falls area, and sufficiently account for PM<INF>2.5</INF> and
NH<INF>3</INF>, NO<INF>X</INF>, and VOC precursor emissions. These
inventories indicate a decrease in directly emitted PM<INF>2.5</INF>.
The inventories indicate that NO<INF>X</INF> and VOC emissions will
decrease throughout the maintenance period and that NH<INF>3</INF> and
SO<INF>2</INF> will remain relatively stable or increase slightly
throughout the maintenance period. Therefore, EPA proposes to determine
that the projected emissions inventories in the Klamath Falls
Maintenance Plan sufficiently demonstrate that the Klamath Falls area
will continue to attain the 2006 24-hour PM<INF>2.5</INF> standard for
the 10-year maintenance period.
3. Monitoring Network and Verification of Continued Attainment
Once a nonattainment area has been redesignated to attainment, the
state must continue to operate an appropriate air quality monitoring
network, in accordance with 40 CFR part 58, to verify the attainment
status of the area. The maintenance plan should contain provisions for
continued operation of air quality monitors that will provide such
verification.
Oregon committed to continue to operate the air monitoring network
in accordance with 40 CFR part 58. Oregon will use air monitoring
results to verify continued attainment of the 2006 24-hour
PM<INF>2.5</INF> NAAQS and to track progress of the Klamath Falls
Maintenance Plan. Oregon stated that it will work with EPA through the
air monitoring network review process to determine the adequacy of the
monitoring network and consult with EPA on any modifications to the
network.\31\ EPA proposes to determine that the Klamath Falls
Maintenance Plan contains adequate provisions for continued operation
of an air quality monitoring network to verify maintenance of the 2006
24-hour PM<INF>2.5</INF> NAAQS. Additionally, Oregon is required to
periodically update the emissions inventory for Klamath County in
accordance with the Annual Air Emissions Reporting Requirements
Rule.\32\ This includes developing annual inventories for major point
sources and a comprehensive periodic inventory covering all source
categories every 3 years.
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\31\ See EPA's May 16, 2025, approval of Oregon's 2024 Annual
Monitoring Network Plan, included in the docket for this rulemaking.
\32\ Information about the Air Emissions Reporting Rule is
available at <a href="https://www.epa.gov/air-emissions-inventories/air-emissions-reporting-requirements-aerr/">https://www.epa.gov/air-emissions-inventories/air-emissions-reporting-requirements-aerr/</a>.
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4. Contingency Plan
CAA section 175A(d) requires that a maintenance plan also include
contingency provisions, as necessary, to promptly correct any violation
of the NAAQS that occurs after redesignation of the area to attainment.
For the purposes of CAA section 175A, a state is not required to have
fully adopted contingency provisions that will take effect without
further action by the state in order for the maintenance plan to be
approved. However, the contingency plan is an enforceable part of the
SIP and should ensure that contingency provisions are adopted
expeditiously once they are triggered. The contingency plan should
discuss the measures to be adopted and a schedule and procedure for
adoption and implementation. The contingency plan must require that the
state will implement all measures contained in the CAA part D
nonattainment plan for the area (i.e., Klamath Falls Attainment Plan)
prior to redesignation. The state should also identify the specific
indicators, or triggers, that will be used to determine when the
contingency plan will be implemented.\33\
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\33\ See Calcagni Memo at 12.
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The Klamath Falls Maintenance Plan outlines the procedures for the
adoption and implementation of contingency provisions to further reduce
emissions should a violation of the 2006 24-hour PM<INF>2.5</INF> NAAQS
occur. If monitored PM<INF>2.5</INF> levels exceed 35 [mu]g/m\3\ (24-hr
average), Oregon will work to determine the cause of the exceedance
within 6 months of annual data certification.\34\ Oregon will assess
probable emissions sources and meteorological events contributing to
elevated PM<INF>2.5</INF> levels, including information on wildfires or
winter power outages.
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\34\ 40 CFR 58.15(a) requires air agencies to certify air
quality data by May 1 of each year.
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Oregon has identified additional potential contingency measures for
the Klamath Falls Maintenance Plan that
[[Page 10555]]
may be implemented as appropriate. These include:
<bullet> Developing Red Day Plans for industrial sources of
PM<INF>2.5</INF> with title V permits to be implemented on non-wildfire
related predicted red days;
<bullet> Developing updated RACT measures for industrial sources
with the capacity to emit more than 50 pounds per day of
PM<INF>2.5</INF>;
<bullet> Using the application process for debris burning or
agricultural burning to spread out incidents of burning and limit
exceedances;
<bullet> Developing a street sweeping plan with local highway
districts and the Oregon Department of Transportation to prioritize the
reduction of fugitive road dust; and
<bullet> Additional street paving projects.
Oregon commits to adopting and implementing the necessary
contingency measures as expeditiously as possible, but not later than
one year after a violation, based on confirmed quality-assured data.
Any contingency measures adopted and implemented will become part of
the control measures in the next revised maintenance plan submitted to
EPA for approval.
Based on EPA's review of Oregon's submittal, we propose to find
that the contingency measure provisions provided in the Klamath Falls
Maintenance Plan are sufficient and meet the requirements of CAA
section 175A(d).
E. Transportation Conformity and Motor Vehicle Emissions Budgets
Transportation conformity is required by CAA section 176(c). EPA's
transportation conformity rule at 40 CFR part 93, subpart A, requires
that transportation plans, programs, and projects conform to SIPs and
establishes the criteria and procedures for determining whether they
conform to the SIP. Conforming to a SIP means that onroad
transportation activities will not produce new air quality violations,
worsen existing violations, or delay timely attainment of the NAAQS.
Thus, EPA's transportation conformity rule requires a demonstration
that emissions from a metropolitan planning organization's regional
transportation plan and transportation improvement program, involving
Federal Highway Administration (FHWA) or Federal Transit Administration
(FTA) funding or approval, are consistent with the motor vehicle
emissions budgets contained in a control strategy SIP revision or
maintenance plan (40 CFR 93.101, 93.118, and 93.124). Generally, the
budgets are the level of mobile source emissions of a pollutant relied
upon in the attainment or maintenance demonstration to attain or
maintain compliance with the NAAQS in the nonattainment or maintenance
area. A PM<INF>2.5</INF> maintenance plan should identify budgets for
direct PM<INF>2.5</INF>, NO<INF>X</INF> and all other PM<INF>2.5</INF>
precursors from onroad mobile source emissions that are determined to
significantly contribute to PM<INF>2.5</INF> levels in the area.\35\
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\35\ See 40 CFR 93.102(b)(2)(iv) and (v), and (b)(3).
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Oregon indicated that the Klamath Falls nonattainment area meets
the definition of an ``isolated rural nonattainment area'' at 40 CFR
93.109(g) because the area does not contain, and is not part of, a
metropolitan planning organization. Neither a transportation
improvement plan nor a regional transportation plan was developed for
the Klamath Falls area. Instead, transportation projects for Klamath
Falls are included in a statewide transportation improvement plan. The
Oregon Department of Transportation is responsible for transportation
conformity determinations in this isolated rural nonattainment area.
The Klamath Falls Maintenance Plan identifies budgets for
PM<INF>2.5</INF> and NO<INF>X</INF>, which are displayed in table 4 of
this document. Oregon used EPA's Motor Vehicle Emission Simulator model
(MOVES3.1) in emissions inventory mode to estimate 2037 future year
emissions from onroad mobile sources for a typical season day. The
budgets for the 2037 future year will be 77 and 1,448 lbs/day for
PM<INF>2.5</INF> and NO<INF>X</INF> respectively. The Klamath Falls
Maintenance Plan also established a safety margin for the 2037 future
year budgets along with additional margin allocated from emissions
reductions from woodstoves. The safety margin was applied to the 2037
future year motor vehicle emissions budgets to account for emissions
from future transportation projects. Oregon projects that 411
woodstoves will be removed from the Klamath Falls nonattainment area by
2028, which Oregon projects will lead to decreases in PM<INF>2.5</INF>
and NO<INF>X</INF> emissions. To provide an extra safety margin for
mobile vehicle emissions, a portion of the projected emissions
reductions from the 411 woodstove removals was allocated to the 2037
future year motor vehicle emissions budgets. Oregon did not include
emissions from paved road dust because those emissions were found to be
insignificant. Oregon also found that motor vehicle emissions of VOC,
SO<INF>2</INF> and NH<INF>3</INF> contributed minimally to
PM<INF>2.5</INF> in the area and did not include budgets for these
precursors in accordance with 40 CFR 93.102(b)(2)(v).
Table 4--Klamath Falls Motor Vehicle Emissions Budgets
[lbs/day]
------------------------------------------------------------------------
PM2.5 NOX
Year emissions emissions
------------------------------------------------------------------------
2017 Attainment Year............................ 64 2,149
2037 Future Year................................ 77 1,448
------------------------------------------------------------------------
EPA is proposing to find that Oregon has evaluated the appropriate
pollutants and precursors and established appropriate budgets for
PM<INF>2.5</INF> and NO<INF>X</INF>. Oregon used the most up-to-date
model (MOVES3.1) available at the time of submission to appropriately
calculate these budgets.\36\ The budgets are based on the control
measures in the Klamath Falls Maintenance Plan and consistent with
maintaining the 2006 24-hour PM<INF>2.5</INF> NAAQS.
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\36\ We have previously explained that state agencies may
continue to use MOVES3 in SIP development where the State has
already completed significant work on a SIP at the time EPA releases
a new model, as is the case here. 89 FR 99862 through 99864
(December 11, 2024).
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EPA completed the adequacy review for the motor vehicle emissions
budgets in a separate, tangential process which is detailed in 40 CFR
93.118(f). The adequacy review process consists of three basic steps:
(1) public notification of a SIP submission; (2) a public comment
period; and (3) EPA's adequacy determination. EPA completed steps (1)
and (2) by posting a notice on the Office of Transportation and Air
Quality website inviting the public to comment on the adequacy of the
NO<INF>X</INF> and PM<INF>2.5</INF> motor vehicle emissions budgets in
the Klamath Falls Maintenance Plan.\37\ The comment period was open
from September 5, 2024, through October 7, 2024. EPA did not receive
adverse comments and found the budgets adequate on April 23, 2025. EPA
published a notice of adequacy on August 21, 2025 (90 FR 40737).
Because EPA found the motor vehicle emissions budgets adequate, we are
not soliciting comments on budget adequacy as part of this notice of
proposed rulemaking. The motor vehicle emissions budgets adequacy
review process is separate from any action on the submitted SIP and
allows for motor vehicle emissions budgets to be used for
transportation conformity purposes, provided they meet the criteria in
40 CFR 93.118(e).
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\37\ Motor vehicle emissions budgets that have been found
adequate and that are under EPA's review are available at <a href="https://www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity/">https://www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity/</a>.
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Based on the information presented in the Klamath Falls Maintenance
Plan for
[[Page 10556]]
the 2006 24-hour PM<INF>2.5</INF> NAAQS, and the adequacy review of the
motor vehicle emissions budgets that we have completed, we propose to
approve the motor vehicle emissions budgets in the Klamath Falls
Maintenance Plan as meeting the requirements of the CAA and EPA
regulations.
F. State Rule Changes To Reflect the Redesignation
Oregon also submitted rule revisions to reflect the anticipated
redesignation of the Klamath Falls PM<INF>2.5</INF> nonattainment area
to attainment (OAR 340-204-0010, -0030, -0040, and OAR 340-240-0010, -
0500, -0550, -0560). Additionally, Oregon submitted rule revisions that
reflect the attainment status of the Oakridge PM<INF>2.5</INF> and
PM<INF>10</INF> former nonattainment areas which EPA redesignated to
attainment in 2022 (OAR 340-204-0030, -0040).\38\ These revisions
remove Klamath Falls and Oakridge from Oregon's list of
PM<INF>2.5</INF> nonattainment areas, and they remove Oakridge from
Oregon's list of PM<INF>10</INF> nonattainment areas. Accordingly, the
revisions also add these areas to Oregon's list of PM<INF>2.5</INF> and
PM<INF>10</INF> maintenance areas.
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\38\ See 87 FR 51265 (August 22, 2022).
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V. Proposed Action
EPA proposes to redesignate the Klamath Falls, Oregon
PM<INF>2.5</INF> nonattainment area to attainment and approve the
Klamath Falls Maintenance Plan. If this proposal is finalized, the
designation status of the Klamath Falls, Oregon PM<INF>2.5</INF>
nonattainment area under 40 CFR part 81 will be revised to attainment
upon the effective date of that final action.
EPA proposes to approve and incorporate by reference into the
Oregon SIP, the submitted revisions to OAR 340-204-0010, -0030, -0040,
and OAR 340-240-0010, -0500, -0550, -0560, state effective May 25,
2024; and Klamath County Code Chapter 406, Ordinance No. 63.07, state
effective June 25, 2024, except the following provisions that were not
submitted for approval into the Oregon SIP: 406.150(1)(D)(e) regarding
emergency conditions, section 406.250 regarding certificate of
variance, section 406.300 regarding enforcement, and section 406.400
regarding penalties.
Finally, we propose that the motor vehicle emissions budgets in the
Klamath Falls Maintenance Plan meet applicable CAA requirements for
maintenance plans and transportation conformity requirements.
VI. Incorporation by Reference
In this document, EPA proposes to include, in a final rule,
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA proposes to incorporate by
reference the provisions described in section IV of this document.
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).
VII. 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, 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 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).
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, Carbon monoxide,
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: February 20, 2026.
Emma Pokon,
Regional Administrator, Region 10.
[FR Doc. 2026-04333 Filed 3-3-26; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.