Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations 24347 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, Environmental Impacts: 

Policies and Procedures, paragraph 

311a. This airspace action consists of a 

modification of an existing airway and 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the FAA Order 7400.9W, 

Airspace Designations and Reporting 

Points, signed August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6010(a)—Domestic VOR Federal 

Airways 

V–595 [Amended] 

From Rogue Valley, OR, to Deschutes, OR. 

Issued in Washington, DC, on April 10, 

2013. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2013–09566 Filed 4–24–13; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2008–0903: FRL–9793–5] 

Approval and Promulgation of 

Implementation Plans; Oregon: Open 

Burning and Enforcement Procedures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Oregon on 

February 16, 2001, July 14, 2005, August 

28, 2006, and May 20, 2008 that relate 

to open burning rules, enforcement 

procedures, civil penalties, and 

procedures in contested cases (appeals). 

These revisions were made to the 

Oregon Administrative Rules (OAR) 

Chapter 340, Division 264 (OAR 340– 

264), OAR 340–012, and OAR 340–011. 

The EPA is approving the SIP revisions 

because the revisions clarify and 

strengthen the SIP and meet the criteria 

of the Clean Air Act. 

DATES: This final rule is effective on 

May 28, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2008–0903. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information may not be publicly 

available, i.e., confidential business 

information (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 form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at EPA Region 10, Office of Air, 

Waste, and Toxics, AWT–107, 1200 

Sixth Avenue, Seattle, Washington 

98101. The EPA requests that you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

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’’ are used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Orders Review 

I. Background 

Title I of the Clean Air Act (CAA), as 

amended by Congress in 1990, specifies 

the general requirements for states to 

submit State Implementation Plans 

(SIPs) to attain and maintain the 

National Ambient Air Quality Standards 

(NAAQS) and the EPA’s actions 

regarding approval of those SIPs. The 

EPA is approving the SIP revisions 

submitted by the State of Oregon on 

February 16, 2001, July 14, 2005, August 

28, 2006, and May 20, 2008. These 

revisions relate to open burning rules, 

enforcement procedures, civil penalties, 

and procedures in contested cases 

(appeals). On January 7, 2013 (78 FR 

918) the EPA published a notice of 

proposed rulemaking (NPR), proposing 

approval of the revisions. The NPR 

includes a detailed description and 

analysis of the revisions, and rationale 

for this final action. A brief summary is 

provided below. 

Oregon’s February 16, 2001 submittal 

recodifies and revises the Oregon 

Department of Environmental Quality’s 

(ODEQ) open burning regulations, now 

codified at OAR 340–264. The EPA 

proposed to determine that the revisions 

to OAR 340–264 either clarify or do not 

affect the overall stringency of the 

ODEQ’s open burning regulations, and 

that approval of the revisions will not 

interfere with attainment or 

maintenance of the NAAQS or other 

requirements of the CAA as described in 

the EPA’s proposed rule. 

Oregon’s July 14, 2005, August 28, 

2006, and May 20, 2008 SIP submittals 

relate to enforcement procedures, civil 

penalties, and procedures in contested 

cases (appeals). OAR 340–012 

Enforcement Procedures and Civil 

Penalties contains enforcement 

procedures and civil penalty provisions 

that apply to the air quality regulations 

in the Oregon SIP. The revisions to OAR 

340–012 clarify the differences between 

formal and informal enforcement 

processes, make adjustments to the 

penalty matrices, and streamline and 

reorganize the rules to more closely 

track the ODEQ’s enforcement and 

penalty calculation process. The EPA 

proposed to find that these revisions 

continue to provide the ODEQ with 

adequate authority for enforcing the SIP 

as required by Section 110 of the CAA 

and 40 CFR 51.230(b). OAR 340–011 

Rules of General Applicability and 

Organization contain procedures in 

contested cases (appeals of the ODEQ 

actions). The EPA proposed to 

determine that these rule revisions 

improve the clarity and completeness of 

contested case appeals coming before 

the Environmental Quality Commission 

and provide the authority needed for 

implementing the SIP. 

EPA provided a 30-day review and 

comment period on the January 7, 2013 

(78 FR 918) NPR. No comments were 

received on the NPR and the EPA is 

now taking final action to approve the 

proposed revisions. 


wreier-aviles on DSK5TPTVN1PROD with RULES
24348 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations 

II. Final Action 

The EPA is approving and 

incorporating by reference the renumbering of OAR 340–264 to replace 

OAR 340–23 and the revisions to 

Oregon’s open burning rules, OAR 340– 

264, submitted by the ODEQ on 

February 16, 2001. 

The EPA is approving but not 

incorporating by reference the 

enforcement provisions in OAR 340– 

012 submitted by the ODEQ on July 14, 

2005 and August 28, 2006, subject to the 

qualifications and in the manner 

discussed below. First, where ODEQ 

submitted a regulation in Division 12 as 

part of its July 14, 2005 submittal and 

that regulation was subsequently 

revised and submitted as part of ODEQ’s 

August 28, 2006 submittal, EPA is 

approving the version of the regulation 

submitted as part of the August 28, 2006 

submittal. The docket contains a chart 

showing the version of the regulations 

in Division 12 we are approving. 

Second, EPA’s authority to approve SIPs 

extends to provisions related to 

attainment and maintenance of the 

NAAQS and carrying out other specific 

requirements of Section 110 of the CAA. 

Therefore, EPA is not approving the 

following regulations in Division 12 that 

do not relate to air emissions: OAR– 

340–012–0055, –0060, –0065, –0066, 

–0067, –0068, –0071, –0072, –0074, 

–0079, –0081, –0083, –0097. In 

addition, EPA is approving the 

remaining sections in Chapter 340, 

Division 12 only to the extent they 

relate to enforcement of requirements 

contained in the Oregon SIP. Finally, 

although the EPA is approving the rules 

in Division 12 in the manner discussed 

above, the EPA is not incorporating 

these rules by reference into the Code of 

Federal Regulations because the EPA 

relies on its independent enforcement 

procedures and penalty provisions in 

bringing enforcement actions and 

assessing penalties under the CAA. 

Finally, the EPA is approving but not 

incorporating by reference revisions 

related to procedures in contested cases 

(that is, appeals from the ODEQ actions) 

found at OAR 340–011. These revisions 

were submitted by the ODEQ on May 

20, 2008. It is not appropriate to 

incorporate these rules by reference into 

the Code of Federal Regulations because 

the EPA relies on its own administrative 

and enforcement procedures in 

enforcing the CAA. 

The EPA is taking no action on the 

revisions to OAR 340–200–0040 in each 

of the ODEQ’s SIP submittals (February 

16, 2001, July 14, 2005, August 28, 

2006, and May 20, 2008) because it is 

unnecessary to take action on this 

provision addressing State SIP adoption 

procedures and because the Federallyapproved SIP consists only of 

regulations and other requirements that 

have been submitted by the ODEQ and 

approved by the EPA. 

Finally, the EPA is taking no action 

on the expedited enforcement process 

set forth in OAR 340–150 –0250 

Expedited Enforcement Process for 

underground storage tanks included in 

the ODEQ’s July 14, 2005 submittal 

because this section applies to 

underground storage tank regulations 

and does not relate to attainment or 

maintenance of the NAAQS or other 

requirements of section 110 of the CAA. 

III. 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 Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• 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 the requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide 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 rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 24, 2013. 

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, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: March 13, 2013. 

Dennis J. McLerran, 

Regional Administrator. Region 10. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations 24349 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart MM—Oregon 

■ 2. Section 52.1970 is amended by 

adding paragraphs (c)(116)(i)(D) and (c) 

(156) to read as follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

(116) * * * 

(i) * * * 

(D) Based on a SIP revision submitted 

by Oregon on February 16, 2001, Oregon 

Administrative Rules Chapter 340, 

Division 23 ‘‘Rules for Open Burning,’’ 

as effective March 10, 1993, is removed 

from the SIP. 

* * * * * 

(156) On February 16, 2001, May 13, 

2005, March 29, 2006, and March 20, 

2008, the Oregon Department of 

Environmental Quality submitted 

revisions to the Oregon Administrative 

Rules (OAR) Chapter 340 as revisions to 

the Oregon State Implementation Plan 

(SIP). The submissions relate to 

Oregon’s open burning rules, 

enforcement procedures, civil penalties, 

and procedures in contested cases 

(appeals). 

(i) Incorporation by reference. 

(A) The following sections of the OAR 

Chapter 340, Division 264, effective 

December 15, 2000: Division 264, Rules 

For Open Burning: Rule 0010 How to 

Use These Open Burning Rules; Rule 

0020 Policy; Rule 0030 Definitions; Rule 

0040 Exemptions, Statewide; Rule 0050 

General Requirements Statewide; Rule 

0060 General Prohibitions Statewide; 

Rule 0070 Open Burning Conditions; 

Rule 0075 Delegation of Authority; Rule 

0078 Open Burning Control Areas; Rule 

0080 County Listing of Specific Open 

Burning Rules; Rule 0100 Open Burning 

Requirements, Baker, Clatsop, Crook, 

Curry, Deschutes, Gilliam, Grant, 

Harney, Hood River, Jefferson, Klamath, 

Lake, Lincoln, Malheur, Morrow, 

Sherman, Tillamook, Umatilla, Union, 

Wallowa, Wasco and Wheeler Counties; 

Rule 0110 Open Burning Requirements, 

Benton, Linn, Marion, Polk, and 

Yamhill Counties; Rule 0120, Open 

Burning Requirements, Clackmas 

County; Rule 0130, Open Burning 

Requirements, Multnomah County; Rule 

0140 Open Burning Requirements, 

Washington County; Rule 0150 Open 

Burning Requirements, Columbia 

County; Rule 0160 Open Burning 

Requirements, Lane County; Rule 0170 

Open Burning Requirements, Coos, 

Douglas, Jackson and Josephine 

Counties; Rule 0180 Open Burning 

Requirements, Letter Permits, Rule 0190 

Open Burning Requirements, Forced-Air 

Pit Incinerators. 

(B) [Reserved.] 

(ii) Additional Material: 

(A) The following revised sections of 

Oregon Administrative Rules Chapter 

340 effective May 13, 2005: Division 12 

Enforcement Procedures and Civil 

Penalties: Rule 0026 Policy, Rule 0028 

Scope of Applicability, Rule 0030 

Definitions, Rule 0038 Warning Letters, 

Pre-Enforcement Notices and Notices of 

Permit Violation, Rule 0041 Formal 

Enforcement Action, Rule 0042 

Determination of Base Penalty, Rule 

0045 Civil Penalty Determination 

Procedure, Rule 0145 Determination of 

Aggravating or Mitigating Factors, Rule 

0150 Determination of Economic 

Benefit, Rule 0160 Department 

Discretion Regarding Penalty 

Assessment, Rule 0162 Inability to Pay 

the Penalty, Rule 0165 Stipulated 

Penalties, Rule 0170 Compromise or 

Settlement of Civil Penalty by 

Department. 

(B) The following revised sections of 

Oregon Administrative Rules Chapter 

340 effective March 29, 2006: Division 

12 Enforcement Procedures and Civil 

Penalties: Rule 0027 Rule Effective Date, 

Rule 0053 Violations that Apply to all 

Programs, Rule 0054 Air Quality 

Classification of Violations, Rule 0073 

Environmental Cleanup Classification of 

Violation, Rule 0082 Contingency 

Planning Classification of Violations, 

Rule 0130 Determination of Violation 

Magnitude, Rule 0135 Selected 

Magnitude Categories, Rule 0140 

Determination of Base Penalty, Rule 

0155 Additional or Alternate Civil 

Penalties. 

(C) The following revised sections of 

Oregon Administrative Rules Chapter 

340 effective March 20, 2008: Division 

11, Rules of General Applicability and 

Organization, Rule 0005 Definitions, 

Rule 0009 Incorporation of Attorney 

General’s Uniform and Model Rules, 

Rule 0510 Agency Representation by 

Environmental Law Specialist, Rule 

0515 Authorized Representative of 

Respondent other than a Natural Person 

in a Contested Case Hearing, Rule 0573 

Proposed Orders in Contested Cases, 

Rule 0575 Review of Proposed Orders in 

Contested Cases. 

[FR Doc. 2013–09695 Filed 4–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0397; FRL–9383–1] 

Bacillus mycoides Isolate J; TimeLimited Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

time-limited exemption from the 

requirement of a tolerance for residues 

of Bacillus mycoides isolate J in or on 

potato, when used in accordance with 

the terms of the section 18 emergency 

exemption. This action is in response to 

EPA’s granting of an emergency 

exemption under section 18 of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of the pesticide on potato. The timelimited exemption from the requirement 

of a tolerance expires on December 31, 

2015. 

DATES: This regulation is effective April 

25, 2013. Objections and requests for 

hearings must be received on or before 

June 24, 2013, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION section. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0397, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Debra Rate, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 306–0309; email address: 

rate.debra@epa.gov. 

SUPPLEMENTARY INFORMATION: 


wreier-aviles on DSK5TPTVN1PROD with RULES