[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Rules and Regulations]
[Pages 43463-43465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14139]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2016-0057; FRL-10011-28-Region 10]
Air Plan Approval; OR; 2010 Sulfur Dioxide NAAQS Interstate
Transport Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) approves the State
Implementation Plan (SIP) submission from Oregon as meeting certain
Clean Air Act (CAA) interstate transport requirements for the 2010 1-
hour Sulfur Dioxide (SO2) National Ambient Air Quality
Standards (NAAQS). EPA has determined that emissions from Oregon
sources will not contribute significantly to nonattainment or interfere
with the maintenance of the 2010 1-hour SO2 NAAQS in any
other state.
DATES: This final rule is effective August 17, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2016-0057. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information the disclosure of which is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available at https://www.regulations.gov, or please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200
Sixth Avenue--Suite 155, Seattle, WA 98101, at (206) 553-6357, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'', or ``our'' is used, it means the EPA.
I. Background
On May 15, 2020, we proposed to approve the October 20, 2015, SIP
submission from Oregon as meeting certain Clean Air Act (CAA)
interstate transport requirements for the 2010 1-hour SO2
NAAQS (85 FR 29369). The reasons for our proposed approval were stated
in the proposed rulemaking and will not be re-stated here. The public
comment period for the proposed rulemaking ended on June 15, 2020. We
received no comments. Therefore, we are finalizing our rulemaking as
proposed.
[[Page 43464]]
II. Final Action
In this final action, EPA approves the October 20, 2015, SIP
submission from Oregon as meeting the interstate transport requirements
of CAA section 110(a)(2)(D)(i)(I) for the 2010 1-hour SO2
NAAQS.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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 it does not address technical standards; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land in
Oregon and is also not approved to apply 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 15, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 25, 2020.
Christopher Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart MM--Oregon
0
2. In Sec. 52.1970, amend Table 5 in paragraph (e) by adding, under
the heading ``110(a)(2) Infrastructure and Interstate Transport'' an
entry for ``Interstate Transport for the 2010 sulfur dioxide NAAQS''
immediately after the entry for ``Infrastructure for the 2015 ozone
NAAQS'' to read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(e) * * *
Table 5--State of Oregon Air Quality Control Program Approved But Not Incorporated by Reference
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Applicable
Name of SIP provision geographic or State EPA approval date Explanations
nonattainment area submittal date
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* * * * * * *
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110(a)(2) Infrastructure and Interstate Transport
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* * * * * * *
Interstate Transport for the 2010 Statewide.......... 10/20/2015 7/17/2020, [Insert This action
sulfur dioxide NAAQS. Federal Register addresses CAA
citation]. 110(a)(2)(D)(i)(I)
.
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[FR Doc. 2020-14139 Filed 7-16-20; 8:45 am]
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