78372 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Proposed Rules 

issue a Notice of Enforcement with an 

updated enforcement schedule. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, or anchoring in this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan or her designated onscene representative. 

(2) This safety zone is closed to all 

vessel traffic except as permitted by the 

Captain of the Port Lake Michigan or her 

designated on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Lake Michigan 

is any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port 

Lake Michigan to act on her behalf. The 

Captain of the Port Lake Michigan or her 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Lake 

Michigan or her designated on-scene 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the Captain of the Port Lake 

Michigan or her on-scene 

representative. 

Dated: December 3, 2014. 

A.B. Cocanour, 

Captain, U. S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 2014–30491 Filed 12–29–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0005; FRL–9920–97– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Klamath Falls, 

Oregon Nonattainment Area; Fine 

Particulate Matter Emissions Inventory 

and SIP Strengthening Measures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Oregon Department of 

Environmental Quality (ODEQ) 

submitted a revision to the State 

Implementation Plan (SIP), dated 

December 14, 2012, to address Clean Air 

Act (CAA or the Act) requirements for 

the Klamath Falls, Oregon 

nonattainment area for the 2006 24-hour 

fine particulate matter (PM2.5) national 

ambient air quality standard (NAAQS). 

The EPA proposes to approve the 

emissions inventory contained in the 

ODEQ’s submittal as meeting the 

requirement to submit a comprehensive, 

accurate, and current inventory of direct 

PM2.5 and PM2.5 precursor emissions in 

Klamath Falls, Oregon. The EPA also 

proposes to approve PM2.5 control 

measures contained in the December 

2012 submittal because incorporation of 

these measures will strengthen the 

Oregon SIP and reduce sources of PM2.5

emissions in the Klamath Falls, Oregon 

nonattainment area (Klamath Falls 

NAA) that contribute to violations of the 

2006 PM2.5 NAAQS. 

DATES: Comments must be received on 

or before January 29, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2013–0005, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: R10-Public_Comments@

epa.gov. 

• Mail: Justin A. Spenillo, EPA 

Region 10, Office of Air, Waste and 

Toxics (AWT–150), 1200 Sixth Avenue, 

Suite 900, Seattle, WA 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. Attention: Justin A. 

Spenillo, Office of Air, Waste and 

Toxics, AWT–150. Such deliveries are 

only accepted during normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2013– 

0005. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI 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. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle 

WA, 98101. 

FOR FURTHER INFORMATION CONTACT: 

Justin A. Spenillo at (206) 553–6125, 

spenillo.justin@epa.gov, or the above 

EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Table of Contents 

I. Background 

A. PM2.5 National Ambient Air Quality 

Standards 

B. Designation of PM2.5 Nonattainment 

Areas 

C. Submittal Requirements for PM2.5

Nonattainment Areas 

II. Analysis of the State’s Submittal 

A. Emissions Inventory 

B. Description of the Klamath County PM2.5

Control Measures 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background 

A. PM2.5 National Ambient Air Quality 

Standards 

Under section 109 of the CAA, the 

EPA establishes NAAQS for certain 

pervasive air pollutants (referred to as 

‘‘criteria pollutants’’) and conducts 

periodic reviews of the NAAQS to 

determine whether they should be 

revised or whether new NAAQS should 

be established. After a new NAAQS is 

established or an existing NAAQS is 

revised, all areas across the country are 

evaluated to determine whether they 

meet the new or revised standard, and 


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1For a given air pollutant, ‘‘primary’’ national 

ambient air quality standards are those determined 

by the EPA as requisite to protect the public health, 

and ‘‘secondary’’ standards are those determined by 

the EPA as requisite to protect the public welfare 

from any known or anticipated adverse effects 

associated with the presence of such air pollutant 

in the ambient air. See CAA section 109(b). 

2Memorandum from Stephen D. Page, 

Implementation Guidance for the 2006 24-Hour 

Fine Particulate (PM2.5) National Ambient Air 

Quality Standards (Mar. 2, 2012). 

3Memorandum from Stephen D. Page, 

Withdrawal of Implementation Guidance for the 

2006 24-Hour Fine Particle (PM2.5) National 

Ambient Air Quality Standards (Jun. 6, 2013). 

area designations are promulgated based 

on that evaluation. 

On July 18, 1997, the EPA revised the 

NAAQS for particulate matter to add 

new standards for fine particles, using 

PM2.5 (particles less than or equal to 2.5 

micrometers in aerodynamic diameter) 

as the indicator for the pollutant. The 

EPA established primary and 

secondary 1 annual and 24-hour 

standards for PM2.5 (62 FR 38652). The 

annual standard was set at 15.0 

micrograms per cubic meter (mg/m3), 

based on a 3-year average of the annual 

mean PM2.5 concentrations, and the 24- 

hour standard was set at 65 mg/m3, 

based on the 3-year average of the 98th 

percentile of 24-hour PM2.5

concentrations. On October 17, 2006, 

the EPA revised the level of the 24-hour 

PM2.5 NAAQS to 35 mg/m3, based on a 

3-year average of the 98th percentile of 

24-hour concentrations (71 FR 61144). 

On December 14, 2012, the EPA revised 

the primary annual PM2.5 NAAQS to 

provide increased protection of public 

health and welfare from fine particle 

pollution (78 FR 3086, January 15, 

2013). In that action, the EPA revised 

the primary annual PM2.5 standard, 

strengthening it from 15.0 micrograms 

per cubic meter (mg/m3) to 12.0 mg/m3, 

which is attained when the 3-year 

average of the annual arithmetic means 

does not exceed 12.0 mg/m3. 

B. Designation of PM2.5 Nonattainment 

Areas 

Effective December 14, 2009, the EPA 

established the initial air quality 

designations for most areas in the 

United States for the 2006 24-hour PM2.5

NAAQS (74 FR 58688, November 13, 

2009). The Klamath Falls area was 

designated nonattainment for the 2006 

24-hour PM2.5 NAAQS. The boundaries 

for this area are described in 40 CFR 

81.338. 

C. Submittal Requirements for PM2.5

Nonattainment Areas 

In March 2012, the EPA issued 

guidance to states for implementation of 

the 2006 PM2.5 NAAQS (March 2012 

Implementation Guidance).2 The 

guidance recommended that states make 

submissions for the 2006 PM2.5 NAAQS 

consistent with the substantive 

requirements developed for 

implementation of the 1997 PM2.5

NAAQS at 40 CFR part 51, subpart Z 

(Provisions for Implementation of PM2.5

National Ambient Air Quality 

Standards, 40 CFR 51.1000, et seq.). In 

December 2012, based on the March 

2012 Implementation Guidance, the 

ODEQ submitted a SIP revision 

intended to address the nonattainment 

planning requirements for the Klamath 

Falls NAA. 

On January 4, 2013, the Court of 

Appeals for the District of Columbia 

remanded to the EPA the Clean Air Fine 

Particle Implementation Rule (72 FR 

20586, Apr. 25, 2007) (hereafter referred 

to as the ‘‘PM2.5 implementation rule’’) 

which formed the basis of the 40 CFR 

part 51, subpart Z nonattainment 

planning requirements. Natural 

Resources Defense Council v. EPA, 706 

F.3d 428 (D.C. Cir. 2013). The Court 

concluded that the EPA had improperly 

based the PM2.5 implementation rule 

solely upon the requirements of part D, 

subpart 1 of the CAA, and had failed to 

address the requirements of part D, 

subpart 4. As a result of the Court’s 

remand of the PM2.5 implementation 

rule, the EPA withdrew its March 2012 

Implementation Guidance because it 

was based largely on the remanded rule 

promulgated to implement the 1997 

PM2.5 NAAQS.3 The EPA is currently 

engaged in rulemaking to address the 

Court’s remand of the PM2.5

implementation rule. In the interim, 

however, the EPA continues to take 

action on SIP submissions from states 

intended to address nonattainment 

planning requirements for the 2006 

PM2.5 NAAQS, consistent with the CAA. 

This action is limited to proposing 

approval of the emissions inventory of 

direct PM2.5 and PM2.5 precursors 

submitted by the ODEQ for the Klamath 

Falls NAA as required under section 

172(c)(3) of the CAA, and the approval 

of specific control measures that are 

expected to strengthen the SIP. These 

control measures independently meet 

requirements for control measures in 

attainment plans and the emissions 

reductions they achieve will contribute 

to attainment of the 2006 PM2.5 NAAQS 

in the Klamath Falls NAA. 

II. Analysis of the State’s Submittal 

A. Emissions Inventory 

The EPA promulgated emissions 

inventory requirements for the 1997 

PM2.5 NAAQS as part of the PM2.5

implementation rule at 40 CFR 51.1008. 

The decision in NRDC v. EPA remanded 

the PM2.5 implementation rule because 

it did not incorporate the specific 

particulate matter requirements of 

subpart 4, part D, title I. The emission 

inventory requirements set forth in the 

PM2.5 implementation rule were based 

on the CAA section 172(c)(3) 

requirements in subpart 1. Subpart 4 

contains no specific provision governing 

emissions inventories for PM10 or PM2.5

nonattainment areas that supersedes the 

general emissions inventory 

requirement for all nonattainment areas 

in section 172(c)(3). See ‘‘State 

Implementation Plans; General 

Preamble for the Implementation of 

Title I of the Clean Air Act Amendments 

of 1990,’’ (57 FR 13498, 13539, April 16, 

1992) (hereinafter ‘‘General Preamble’’). 

Accordingly, the EPA is evaluating the 

ODEQ’s emissions inventory for the 

Klamath Falls NAA pursuant to the 

CAA requirements in section 172(c)(3). 

Section 172(c)(3) of the CAA requires 

a state with an area designated as 

nonattainment to submit to the EPA for 

approval a comprehensive, accurate, 

and current inventory of actual 

emissions of the pollutant at issue, 

including emissions of any precursor of 

that pollutant, for the nonattainment 

area. These inventories provide a 

detailed accounting of all emissions and 

emissions sources by pollutant and 

precursor pollutant within the 

nonattainment area. In addition, 

inventories are used to model air quality 

to demonstrate attainment of the 2006 

PM2.5 NAAQS as expeditiously as 

practicable. The EPA reviewed, in 

accordance with the August 2005 EPA 

guidance, ‘‘Emissions Inventory 

Guidance for Implementation of Ozone 

and Particulate Matter NAAQS and 

Regional Haze Regulations,’’ the 

procedures and methodologies used by 

the ODEQ to develop the emission 

inventory for the 2008 base year 

emissions inventory for the Klamath 

Falls NAA. In accordance with section 

172(c)(3) and consistent with EPA 

guidance, Oregon’s attainment plan as 

described below includes a 

comprehensive, accurate, and current 

inventory of emissions of all direct 

PM2.5 and PM2.5 precursors in the 

Klamath Falls NAA. 

To develop an emissions inventory 

that matches the conditions under 

which the design value concentration 

are measured, the ODEQ emissions 

inventory addresses annual emissions, 

typical season day emissions, and worst 

case day emissions. Annual emissions, 

measured in tons per year (‘‘tpy’’), are 

the total amount of emissions over the 

course of a calendar year. The typical 

season day and worst-case day 


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emissions are measured in pounds (lbs) 

per day and are calculated for the PM 

season, which is the four-month period 

between November and February when 

ambient PM concentrations from 

anthropogenic sources are generally the 

highest. Typical season day emissions 

are the average emissions over the fourmonth PM season, and worst case day 

emissions are the amount emitted on 

winter days with a diurnal temperature 

range representative of PM2.5

exceedances. Most source categories are 

modeled using the typical season day 

emissions. Worst-case day emissions are 

better suited for select sources, such as 

residential wood combustion and motor 

vehicles, with emissions highly 

dependent on temperature. At colder 

temperatures there is a behavioral 

increase in home heating using 

woodstoves, and vehicle emissions 

associated with start-up emissions are 

higher on colder days. 

The year 2008 was selected by ODEQ 

as the base year for the emissions 

inventory because it was the most recent 

year that Oregon completed the NEI data 

submittal prior to the designation of the 

Klamath Falls NAA in 2009. The 

selection of 2008 as the baseline year for 

the emissions inventory is consistent 

with the emissions inventory 

requirement in section 172(c)(3) because 

it provides an inventory of emissions for 

one of the years relied upon for the 

nonattainment designation. The ODEQ’s 

2008 base year emissions inventory 

includes emissions of direct PM2.5 and 

PM2.5 precursors that cover the general 

source categories of stationary point 

sources, stationary nonpoint sources 

(area sources), non-road mobile sources, 

and on-road mobile sources. The main 

sources of emissions in the Klamath 

Falls NAA are residential wood 

combustion, mobile and non-road 

sources, and point sources. The 

pollutants that comprise the 2008 base 

year inventory include direct PM2.5 and 

the precursors to the formation of PM2.5

which are nitrogen oxide (NOX), volatile 

organic compounds (VOCs), ammonia 

(NH3), and sulfur dioxide (SO2). 

The point source inventory provides 

facility-specific data for point source 

emissions from Klamath Falls’ 

permitted stationary sources. Permitted 

point sources include industrial 

sources, non-industrial sources, gas 

stations, crematories, and portable 

sources. The emissions inventory 

includes actual point source emissions 

for both the annual and the seasonal 

inventory. For purposes of the worstcase day emission inventory, the 

emissions for permitted point sources 

are reported at 80% of the permitted 

operating capacity because such specific 

daily actual emissions are not available 

for permitted point sources in the same 

manner as annual and typical season 

emissions. The EPA agrees that 80% of 

permitted emissions is a conservative 

estimate for worst-case day actual 

emissions and, given that permitted 

point sources were not found to be 

significantly contributing to the 

monitored violations. This will be 

further discussed in a future notice 

when the EPA acts on the ODEQ’s 

control strategy for the Klamath Falls 

NAA. 

The complete inventory, located in 

the docket for this rulemaking, also 

includes a description of minor nonpermitted point sources. Area sources 

for the Klamath Falls NAA are divided 

into six groups: Waste disposal, 

treatment and recovery; small stationary 

fossil fuel combustion; residential wood 

combustion; fugitive dust; evaporative/

off-gassing emissions sources; and 

miscellaneous area sources. The on-road 

mobile source emissions inventory 

includes all sources of mobile exhaust, 

brake, and tire emissions generated by 

passenger vehicles, trucks, 

miscellaneous vehicles, and reentrained road dust. Non-road mobile 

sources inventoried include aircraft, 

gasoline and diesel-powered vehicles 

and equipment, recreational marine 

vessels, and trains. 

The ODEQ compiled the emissions 

inventory relying on information from a 

variety of sources. Permitted point 

source emissions data were taken from 

the ODEQ Tracking Reporting and 

Administration of Air Contaminant 

Sources (TRAACS) database which is 

submitted to the EPA National 

Emissions Inventory System. Many area 

source emissions were taken from the 

2008 EPA National Emissions Inventory 

(NEI) v.1.5. The ODEQ Area Mobile 

Emissions Estimates (AMEE) database 

was also a source of emissions data for 

mobile emissions. Additional emissions 

information was taken from a 2007/2008 

residential wood combustion survey 

and from use of the EPA Motor Vehicle 

Emission Simulator (MOVES). All 

remaining emissions were modeled or 

inventoried specifically for this 

attainment plan. The full emissions 

inventory submitted by the ODEQ and 

a detailed description of the 

methodology used to compile the 

inventory is presented in Attachment 

3.3l of the SIP submittal included in the 

docket for this action. 

Table 1 summarizes the annual 

emissions for Klamath Falls in 2008 and 

Table 2 summarizes the worst-case day 

emissions for Klamath Falls in 2008. 

Typical season day emissions 

information can be found in Attachment 

3.3l of the SIP submittal included in the 

docket for this action. 

TABLE 1—2008 KLAMATH FALLS, ANNUAL EMISSIONS

[tpy] 

Source sector PM2.5 SOX NOX NH3 VOC 

Point ..................................................................................... 143.4 47.8 329.3 70.4 997.2 

Area ...................................................................................... 403.0 49.1 114.3 161.9 972.9 

Onroad ................................................................................. 92.2 6.4 1,431.6 11.4 694.2 

Nonroad ............................................................................... 16.1 6.6 360.9 ........................ 246.0 

Total .............................................................................. 654.7 109.9 2,236.1 243.7 2,910.4 

TABLE 2—2008 KLAMATH FALLS, WORST-CASE DAY

[lbs/day] 

Source sector PM2.5 SOX NOX NH3 VOC 

Point ..................................................................................... 1,517 357 3,247 1,453 10,301 

Area ...................................................................................... 2,851 546 1,391 772 6,483 

Onroad ................................................................................. 917 36 7,990 62 4,734 


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TABLE 2—2008 KLAMATH FALLS, WORST-CASE DAY—Continued 

[lbs/day] 

Source sector PM2.5 SOX NOX NH3 VOC 

Nonroad ............................................................................... 135 108 2,855 ........................ 876

Total .............................................................................. 5,420 1,046 15,483 2,287 22,754 

The EPA reviewed the results, 

procedures and methodologies for the 

2008 base year emissions inventory in 

accordance with the EPA’s current 

guidance, ‘‘Emissions Inventory 

Guidance for Implementation of Ozone 

and Particulate Matter NAAQS and 

Regional Haze Regulations’’ (August 

2005). The ODEQ used standard 

procedures to develop the emissions 

inventory and appropriately used 

seasonal and worst-case day emissions 

inventories to represent episodic 

meteorological conditions when PM2.5

levels are of the greatest concern. For 

this reason, the EPA is proposing 

approval of Klamath Falls’ 2008 base 

year emissions inventory as meeting the 

requirements of section 172(c)(3) of the 

CAA. 

B. Description of the Klamath County 

PM2.5 Control Measures 

On December 12, 2012, the ODEQ 

submitted to the EPA for approval 

revisions to a number of rules related to 

the Klamath Falls NAA. These revisions 

consist of updates to identify the 

Klamath Falls NAA and to adopt local 

and state measures to ensure permanent 

and enforceable control strategies 

intended to bring the area back into 

attainment through control of PM2.5 and 

its precursors. Specifically, the ODEQ 

revised rules in Oregon Administrative 

Rules (OAR) Chapter 340, Divisions 200, 

204, 225, 240, 262, and 264. These 

revisions, and the EPA’s proposed 

actions on them, are described below. 

Division 204: Designation of Air Quality 

Areas 

The ODEQ revised OAR Chapter 340, 

Division 204 to include a description of 

the Klamath Falls PM2.5 NAA boundary. 

The EPA proposes to approve and 

incorporate by reference (IBR) this 

revision into the SIP because the area 

description is essential for delineating 

the nonattainment area, and we believe 

the area description is consistent with 

the EPA description in the designation 

for the area. 

Division 225: Air Quality Analysis 

Requirements 

The ODEQ revised OAR 340–225– 

0090, in conjunction with promulgating 

OAR 340–240–0550, as encouragement 

for direct PM10 and PM2.5 emissions 

reductions from residential wood-fired 

devices as a means to offset, in an equal 

or greater amount, emissions increases 

from new major sources or major 

modifications to major sources located 

in the Klamath Falls NAA, provided 

such sources do not cause or contribute 

to a violation of the NAAQS. The 

revisions to OAR 340–225–0090 exempt 

a source which proposes to use 

qualifying woodstove offsets from the 

need to conduct an air dispersion 

modeling analysis to demonstrate a net 

air quality benefit as would otherwise 

be required. Woodstove emissions are 

the primary source of PM2.5 emissions 

contributing to NAAQS violations in the 

NAA and reductions in woodstove 

emissions would presumptively result 

in a net air quality benefit when used to 

offset new emissions from a stationary 

source located within the NAA. A 

source proposing to use other sources of 

emission offsets, or woodstove offsets 

that don’t meet the requirements of OAR 

340–240–0550, would still need to 

conduct a dispersion modeling analysis 

to demonstrate a net air quality benefit. 

The revisions are designed to maintain 

and promote continued air quality 

improvement while allowing for 

economic growth that does not 

negatively affect the airshed. 

In a letter dated September 15, 2014, 

Oregon withdrew the submitted SIP 

revision for OAR 340–225– 

0090(2)(a)(C). Accordingly, the EPA is 

not acting on the revisions to OAR 340– 

225–0090(2)(a)(C) which establish interpollutant offset ratios. Oregon may 

submit a revision in the future 

establishing inter-pollutant offset ratios 

supported by an appropriate 

demonstration, or alternatively revise 

these ratios in accordance with the July 

21, 2011, EPA memorandum that 

addresses the Federal inter-pollutant 

offset policy (76 FR 80747). The EPA 

proposes to approve and IBR the 

revisions to OAR 340–225–0090, except 

for OAR 340–225–0090(2)(a)(C), and the 

revision to 340–225–0090(2)(a)(B) based 

on the PM2.5 inter-pollutant offset ratio, 

as it provides equivalent protection of 

the NAAQS and encourages improved 

air quality by reducing direct PM 

emissions from wood fired devices in 

the Klamath Falls NAA. 

Division 240: Rules for Areas With 

Unique Air Quality Needs 

Revisions to OAR 340–240–0110, 

340–240–0030, 340–240–0500, 340– 

240–0510, 340–240–0520, 340–240– 

0530, 340–240–0540, 340–240–0550, 

340–240–0560, describe and allow for 

the implementation of multiple control 

measures associated with emissions of 

PM2.5 in the Klamath Falls NAA. The 

ODEQ updated the rule definitions to 

include necessary cross-references to 

applicable rules and to add new 

definitions needed for implementation 

of the control measures. Control 

measures include opacity standards, 

fugitive emissions control, operation 

and maintenance plan requirements, 

industrial source compliance schedules, 

and residential wood fuel-fired device 

offset requirements for new sources, and 

PM2.5 and PM10 offsets. 

The 20% opacity standard and 

fugitive emissions control rules limit 

emissions being emitted into the 

Klamath Falls NAA from stationary 

sources including industrial facilities. 

The operation and maintenance plan 

requirements and the industrial source 

compliance schedule (a schedule to 

develop and implement a plan for 

compliance with the opacity standards, 

fugitive emissions requirements, and 

operations and maintenance plans listed 

in OAR 340–240–0510 through –0540), 

support reduced particulate matter 

emissions through enhanced 

management of source operation. The 

offsets rules in OAR 340–240–0550, in 

coordination with the rule revisions in 

OAR Chapter 340, Division 225, allow 

for offsets to be obtained within the 

Klamath Falls NAA from residential 

wood combustion at a ratio of one ton 

of PM2.5 emissions to one ton of 

woodstove emissions reductions while 

ensuring that the increased emissions 

from new or modified sources will not 

cause or contribute to a violation of the 

NAAQS. The EPA proposes to approve 

these rules as they are permanent and 

enforceable SIP strengthening measures 

that contribute to progress toward 

attainment of the 2006 PM2.5 24-hr 

NAAQS in this area. 


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78376 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Proposed Rules 

Division 264: Rules for Open Burning 

The revisions to OAR Chapter 340, 

Division 264 enhance the open burning 

rule in Oregon and the Klamath Falls 

NAA. Specifically, the revised rule 

includes language aligning open 

burning with ideal dispersion 

conditions; provides a description and 

map of the Klamath Basin Open Burning 

Control Area; and provides rules 

specific to the Klamath Falls NAA 

prohibiting open burning from 

industrial, commercial, construction 

and demolition operations. The rule 

revisions will reduce emissions through 

the prohibition of open burning within 

the Klamath Falls NAA. The EPA 

proposes to approve and IBR these rule 

revisions because they are permanent 

and enforceable measures that support 

attainment and maintenance of the 

NAAQS by reducing the amount of 

particulate matter in the area. 

Klamath County Clean Air Ordinances 

In its December 12, 2012 submittal, 

the ODEQ included as control measures 

the 2007 and 2012 Klamath County 

Clean Air Ordinances. These two 

ordinances establish permanent and 

enforceable control measures on sources 

that account for the majority of PM2.5

emissions in the Klamath Falls NAA. 

The 2007 Klamath County Clean Air 

Ordinance is more specifically 

identified as Chapter 406, Ordinance 

No. 63.05, enacted August 7, 2007 (2007 

Ordinance). The 2012 Klamath County 

Clean Air Ordinance is more 

specifically identified as Chapter 406, 

Ordinance No. 63.06, enacted December 

31, 2012 (2012 Ordinance). 

The 2007 and 2012 Ordinances were 

enacted to control emissions from home 

heating devices for the purpose of 

meeting the 2006 PM2.5 24-hr NAAQS. 

The 2007 ordinance provides for lower 

thresholds for yellow and red air quality 

advisory days which require the 

curtailment of wood burning and 

therefore reduce emissions of PM2.5 and 

PM2.5 precursors. With these lower 

thresholds, wood burning restrictions 

would be in place on days that most 

likely contribute to a 24-hour NAAQS 

violation. This provision, in conjunction 

with increased enforcement at the 

County level, is expected to be a core 

part of the area’s attainment plan. The 

2007 ordinance has provisions identical 

to the state wide Heat Smart Program 

that require removal of uncertified 

stoves upon sale of a home, and also 

provisions that reduce the number of 

available residential open burning days 

and prohibit the use of burn barrels. The 

2012 ordinance required new and 

retrofit fireplaces to meet lower 

emissions standards. 

The EPA proposes to approve and IBR 

the 2007 and 2012 Klamath Falls Clean 

Air Ordinances because they support 

attainment and maintenance of the 

NAAQS in the Klamath Falls NAA. 

III. Proposed Action 

The EPA proposes to approve the 

PM2.5 and PM2.5 precursor emissions 

inventory for the Klamath Falls NAA, 

submitted by ODEQ on December 12, 

2012, as meeting the emissions 

inventory requirements of section 

172(c)(3) of the CAA for 2006 PM2.5 24- 

hr NAAQS nonattainment area 

planning. The EPA also proposes to 

approve and incorporate into the SIP the 

specific control measures submitted by 

the ODEQ on December 12, 2012, to the 

extent set forth in this notice. These 

control measures are described in this 

action and are included in the docket 

for this proposed action. If approved, 

these specific control measures would 

become part of the Oregon SIP. The EPA 

is not taking action on certain aspects of 

the revisions submitted by the ODEQ. 

The EPA expects to take action on the 

remaining SIP revisions and any 

additional revisions that may be 

submitted by the ODEQ in the future. 

IV. 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, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• 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); 

• 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 

application of those requirements would 

be inconsistent with the CAA; 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). 

In addition, this 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 as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Incorporation by reference, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 3, 2014. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2014–30498 Filed 12–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of Inspector General 

42 CFR Part 1001 

Solicitation of New Safe Harbors and 

Special Fraud Alerts 

AGENCY: Office of Inspector General 

(OIG), HHS. 

ACTION: Notice of intent to develop 

regulations. 

SUMMARY: In accordance with section 

205 of the Health Insurance Portability 


tkelley on DSK3SPTVN1PROD with PROPOSALS