64346 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 

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 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. 

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 December 22, 2015. 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: October 8, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

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 K—Florida 

■ 2. Section 52.520(e) is amended by 

adding an entry for ‘‘Regional Haze Plan 

Amendment 3’’ at the end of the table 

to read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective 

date EPA approval date Federal Register notice Explanation 

*******

Regional Haze Plan 

Amendment 3.

4/30/2014 10/23/2015 ...................

[Insert Federal Register citation].

[Insert Federal Register citation].Establishes NOX BART emissions limit for Unit 

1 at the Lakeland Electric—C.D. McIntosh 

Power Plant and includes FDEP Permit No. 

1050004–034–AC. 

[FR Doc. 2015–26935 Filed 10–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0562: FRL–9935–48– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Oregon: Lane 

Regional Air Protection Agency Open 

Burning Rules and Oregon Department 

of Environmental Quality Enforcement 

Procedures 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving into 

Oregon’s State Implementation Plan 

(SIP) a submittal from the Oregon 

Department of Environmental Quality 

(ODEQ) dated July 7, 2014, containing 

revisions to the Lane Regional Air 

Protection Agency’s (LRAPA) open 

burning rules adopted on March 14, 

2008. The revised LRAPA open burning 

rules make clarifications and provide for 

additional controls of open burning 

activities in Lane County, would reduce 

particulate emissions in Lane County, 

and would strengthen Oregon’s SIP. The 

EPA is also approving a submittal from 

the ODEQ dated June 30, 2014, to 

update Oregon Administrative Rules 

(OAR) that relate to procedures in 

contested cases (appeals), enforcement 

procedures, and civil penalties. The 

EPA is approving most of the submitted 

provisions because the revisions clarify 

and strengthen the SIP and are 

consistent with the Clean Air Act 

(CAA). The EPA is not approving 

certain provisions of the submitted rules 

that do not relate to the requirements for 

SIPs under section 110 of the CAA. 

Finally, the EPA is correcting the SIP 

pursuant to the authority of section 

110(k)(6) of the CAA to remove certain 

provisions previously approved by the 

EPA that do not relate to the 

requirements for SIPs under section 110 

of the CAA. 

DATES: This rule is effective on 

December 22, 2015, without further 

notice, unless the EPA receives adverse 

comment by November 23, 2015. If the 

EPA receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2014–0562, by any of the 

following methods: 

• Federal eRulemaking Portal http:// 

www.regulations.gov: Follow the on-line 

instructions for submitting comments. 

• Email: R10-Public_Comments@

epa.gov. 

• Mail: Mr. Keith Rose, 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: Mr. Keith 

Rose, Office of Air, Waste, and Toxics, 

AWT–150. Such deliveries are only 

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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64347 

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–2014– 

0562. 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 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http://

www.regulations.gov or email. The 

http://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 http://

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 http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure 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 at http://www.regulations.gov 

or 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 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Keith A. Rose at (206) 553–1949, 

rose.keith@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. Introduction 

II. EPA Evaluation of the Submittals 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Orders Review 

I. Introduction 

Title I of the CAA specifies the 

general requirements for states to submit 

SIPs to attain and maintain the National 

Ambient Air Quality Standards 

(NAAQS) and the EPA’s actions 

regarding approval of those SIPs. The 

EPA received a submittal from the 

ODEQ on July 7, 2014 requesting that 

the EPA approve into the Oregon SIP 

the revisions to the LRAPA open 

burning rules (title 47) adopted on 

March 14, 2008. In general, the revised 

LRAPA open burning rules make 

clarifications and provide for additional 

controls of open burning activities in 

Lane County. The EPA also received a 

submittal from the ODEQ on June 30, 

2014 that updates Oregon 

Administrative Rules (OAR) Chapter 

340, Division 11, Rules of General 

Applicability and Organization, relating 

to contested cases (appeals of ODEQ 

actions) and OAR Chapter 340, Division 

12, Enforcement Procedures and Civil 

Penalties. These divisions apply across 

all programs implemented by the ODEQ, 

including the air quality regulations that 

the EPA has approved into the SIP. 

The July 7, 2014 and June 30, 2014 

SIP submittals also contain amendments 

to OAR 340–200–0040. This rule 

describes the State’s procedures for 

adopting its SIP and references all of the 

state air regulations that have been 

adopted by the ODEQ for approval into 

the SIP (as a matter of state law), 

whether or not they have yet been 

submitted to or approved by the EPA. 

II. EPA Evaluation of the Submittals 

A. LRAPA Title 47, Open Burning (July 

7, 2014 Submittal) 

LRAPA made numerous revisions 

throughout title 47, Open Burning. The 

key substantive changes are discussed 

below. A more detailed evaluation of 

the revisions to LRAPA’s open burning 

rules is in the docket for this action. As 

discussed below, the EPA proposes to 

find that, overall, the revised rules will 

provide for additional controls for open 

burning activities in Lane County, 

reduce particulate emissions in Lane 

County, and strengthen Oregon’s SIP. 

1. Exemptions 

LRAPA made several revisions to the 

types of open burning exempt from 

regulation and added one new 

exemption category. Although 

residential barbequing remains exempt, 

LRAPA has clarified that certain 

prohibited materials, such as garbage or 

plastic, may not be burned as fuel. The 

exemption for residential fires for 

recreational purposes has been 

narrowed by prohibiting the use of yard 

waste as fuel and prohibiting such fires 

altogether on yellow and red home 

wood heating advisory days called by 

LRAPA in the winter months within the 

Eugene/Springfield Urban Growth 

Boundary (ESUGB) and within the city 

limits of Oakridge. Religious ceremonial 

fires have been added as a new category 

of fires exempt from title 47. See LRAPA 

47–005–2.C and 47–010 (definition of 

‘‘religious ceremonial fires’’). LRAPA 

expects religious ceremonial fires to 

occur infrequently and the definition 

requires that such fires be controlled, be 

‘‘integral to a religious ceremony or 

ritual,’’ and that prohibited materials 

not be burned. Given the narrow scope 

of this exemption, that the exemptions 

from title 47 have otherwise been 

narrowed, and that the other revisions 

to title 47 generally strengthen the 

prohibitions on open burning, the EPA 

finds that the new exemption for 

religious ceremonial fires will not 

interfere with attainment or 

maintenance of the NAAQS or any other 

applicable requirement of the CAA. The 

EPA therefore approves the revisions to 

LRAPA 47–005, Exemptions from these 

Rules. 

2. Definitions 

The following definitions in LRAPA 

47–010 have been revised: Agricultural 

open burning, commercial wastes, 

construction wastes, construction open 

burning, demolition wastes, demolition 

open burning, Eugene-Springfield Urban 

Growth Boundary, industrial open 

burning, and industrial waste. In 

general, the revisions to these 

definitions clarify the types of burn and 

waste categories. For example, through 

revisions to the definitions of 

construction waste, demolition waste, 

and commercial waste, it is now clear 

that wastes transported offsite are 

considered commercial waste even if 

the waste might otherwise meet the 

definition of construction or demolition 

waste. Because requirements for the 

open burning of commercial waste are 

generally more restrictive, these 

clarifications make the rules more 

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64348 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 

stringent. These changes to definitions 

also make clear that materials included 

in the list of prohibited materials in 

LRAPA 47–015–1.E cannot be burned 

even if the material otherwise meets the 

specified definition. Again, these 

revisions make the rules more stringent. 

Definitions have been added to 

LRAPA 47–010 for agricultural 

operation, agricultural waste, bonfire, 

forest slash open burning, nuisance, 

recreational fire, religious ceremonial 

fire, and salvage. The new definition of 

‘‘religious ceremonial fire’’ is discussed 

above in Section II.A.1 and the new 

definition of ‘‘forest slash opening 

burning’’ is discussed in Section II.A.3 

below. In general, the other new 

definitions clarify the meaning of terms 

previously used in the rules and thus 

enhance the enforceability of the rules. 

Because the revised and new 

definitions in LRAPA 47–010 either 

increase the stringency of the rules or 

provide clarification to enhance 

enforceability, the EPA approves 

revisions to LRAPA 47–010 except for 

the definition of ‘‘nuisance,’’ which is 

discussed in more detail in Section 

II.A.5 below. 

Note that the introductory language in 

LRAPA 47–010 references title 12 of the 

LRAPA regulations for additional 

definitions. Proposed revisions to title 

12 were included in a SIP submission 

that the EPA received on August 28, 

2014. The present action does not 

address those revisions. The EPA will 

be acting on that submission in a future 

action. 

3. Open Burning Requirements 

LRAPA 47–015 contains most of the 

requirements for open burning, with 

general requirements to be met for all 

open burning and specific requirements 

for residential open burning, 

construction and demolition open 

burning, commercial open burning, 

industrial open burning, and a new 

category, forest slash open burning. 

Requirements for residential open 

burning have been made more stringent 

in a number of respects. The ending 

times for open burns are now set by a 

LRAPA burning advisory, rather than 

automatically extending until sunset. 

All open burning remains prohibited 

within the city of Eugene, and the 

prohibition on open burning within the 

city of Springfield has been expanded so 

that the burning of woody yard 

trimmings on lots of a half acre or more 

is now only allowed between March 1 

through June 15 and October 1 through 

October 31, rather than from October 1 

to June 15. The period of allowed 

residential open burning outside of the 

Eugene and Springfield city limits but 

within the ESUGB has similarly been 

narrowed. The Hazeldell and Siuslaw 

fire districts have been added to the list 

of fire districts that must comply with 

the open burning requirements for fire 

districts, which include the prohibition 

on burning construction/demolition 

debris unless authorized by a letter 

permit. Therefore, the conditions for 

open burning in the two newly added 

fire districts are now more stringent. 

Finally, a new section restricts 

residential open burning of woody yard 

trimmings, leaves and grass in Lane 

County outside of the affected areas 

identified in LRAPA 47–015–2.B–F to 

approved burn days from October 1 

through June 15, instead of year around. 

There have been no substantive changes 

to the requirements for construction and 

demolition open burning, commercial 

open burning, or industrial open 

burning. 

A new section has been added to 

specifically address forest slash open 

burning. LRAPA 47–015–6.A confirms 

that forest slash open burning in areas 

covered by the Oregon Smoke 

Management Plan is regulated by the 

Oregon Department of Forestry under 

ORS 477.515 and not under LRAPA title 

47. Such burning is already specifically 

exempt from LRAPA title 47 under the 

current SIP. See LRAPA 47–005–1.D. 

LRAPA 47–015–6.B addresses forest 

slash open burning in Lane County 

outside of areas covered by the Oregon 

Smoke Management Plan. Forest slash 

open burning in such areas is now 

expressly prohibited within the ESUGB. 

Forest slash open burning is also 

prohibited unless authorized by a letter 

permit under LRAPA 47–020, in the fire 

districts identified in LRAPA 47–015– 

2.F and other properties not covered by 

the Oregon Smoke Management Plan. 

Maps provided by LRAPA show that 

there is very limited forest land in Lane 

County that is not covered by the Smoke 

Management Plan, and would therefore 

be covered by the LRAPA forest slash 

open burning rules. 

Any slash burning in Lane County 

must now be coordinated with the 

South Cascade and Western Lane 

districts, and be consistent with slash 

burning advisories issued by Oregon 

Department of Forestry. In addition, 

under LRAPA 47–020–1, letter permits 

for such forest slash open burning can 

only be issued on a singly occurring or 

infrequent basis. According to LRAPA, 

forest slash open burning was not 

previously expressly regulated under 

title 47 prior to 1995. Seen in that light, 

the regulation of forest slash open 

burning on land not covered by the 

Oregon Smoke Management Plan would 

be an increase in the stringency of the 

Oregon SIP. The EPA considers the 

language in LRAPA 47–001 (‘‘all open 

burning is prohibited in Lane County 

except as expressly allowed by these 

rules or if exempted from these rules by 

Oregon Statute’’), which is currently 

approved in the SIP, however, as 

potentially prohibiting forest open slash 

burning on land that is not covered by 

the Oregon Smoke Management Plan. In 

that respect, authorizing forest slash 

open burning through a letter permit 

under certain conditions could be 

considered less stringent than the 

current SIP. In any event, given the 

many other provisions of this SIP 

revision that make the SIP more 

stringent, that only one instance of such 

open slash burning has been issued a 

letter permit by LRAPA since 1995, the 

factors considered by LRAPA and 

findings LRAPA must make in issuing a 

letter permit for forest slash open 

burning in LRAPA 47–020–5 and –6, the 

EPA concludes that allowing this 

narrow category of open burning will 

not interfere with attainment and 

maintenance of the NAAQS or any other 

applicable requirement of the CAA. 

Accordingly, with the exception of 

LRAPA 47–015–6(B)(5), discussed in 

Section II.A.5 below, the EPA approves 

the revisions to LRAPA 47–015, Open 

Burning Requirements, because the 

revisions increase the overall stringency 

of the restrictions on open burning. 

4. Letter Permits 

LRAPA 47–020 authorizes certain 

types of open burning under letter 

permits issued by LRAPA. As discussed 

in Section II.A.3 above, this section has 

been amended to add forest slash 

burning for a single occurrence or on an 

infrequent basis to the list of the 

categories of open burning that may be 

allowed by a letter permit issued by 

LRAPA. It has also been amended to 

authorize issuance of letter permits for 

a bonfire held for a single event. The 

EPA finds that the potential increase in 

emissions that would result from these 

infrequent activities would be de 

minimis in light of the other restrictions 

on open burning imposed by the other 

revisions to title 47 in this SIP 

submittal. 

LRAPA 47–020–5 contains a list of 

factors to be considered by LRAPA in 

determining whether to issue a letter 

permit. This provision has been 

amended to allow LRAPA to consider as 

an alternative disposal method whether 

waste materials can be salvaged. 

Because the availability of alternative 

disposal options mitigates against 

authorizing open burning under 

LRAPA’s rules, see LRAPA 47–001, 

expanding the list of what can be 

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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64349 

1No such citation appears in Division 12, but 

these provisions have not been submitted by the 

ODEQ in any event. 

considered as an alternative disposal 

method makes the rules more stringent. 

With the exception of certain 

provisions discussed below in Section 

II.A.5 that do not relate to the 

requirements of section 110 of the CAA, 

the EPA approves the revisions to 

LRAPA 47–020 because the revisions do 

not interfere with attainment and 

maintenance of the NAAQS or any other 

applicable requirement of the CAA. 

5. Summary Table 

LRAPA has removed the table is 

section 47–030, Summary of Seasons, 

Areas, and Permit Requirements for 

Open Burning. This table was a 

summary of the text explaining what 

type of burning was allowed in each 

area of Lane County. Removing this 

table has no impact on the stringency of 

the rule. 

6. Rules Not Approved or Being 

Removed From the SIP 

Title 47 contains several provisions, 

both previously approved by the EPA 

into the Oregon SIP, and newly enacted 

or revised provisions, that relate to 

nuisance, fire safety, or environmental 

issues that do not relate to air quality. 

The 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. 

Section 110(k)(6) of the CAA authorizes 

the EPA, upon a determination that the 

EPA’s action approving, disapproving or 

promulgating any SIP or plan revision 

(or any part thereof) was in error, to 

revise such action as appropriate. 

In this action, the EPA is not 

approving into the SIP and is removing 

from the SIP the following provisions of 

title 47 that do not relate to attainment 

and maintenance of the NAAQS or the 

other requirements of section 110 the 

CAA: The definition of ‘‘nuisance’’ in 

LRAPA 47–010; LRAPA 47–015–1.D 

(currently in the SIP); LRAPA 47–015– 

1.H; LRAPA 47–015–6.B(5); LRAPA 47– 

020–3 (currently in the SIP); LRAPA 47– 

020–9.I; LRAPA 47–020–10 (first 

sentence currently in the SIP). 

B. ODEQ Chapter 340, Divisions 11 and 

12 (June 30, 2014 Submittal) 

1. Division 11, Rules of General 

Applicability and Organization 

Oregon’s June 30, 2014 submittal 

revises OAR Chapter 340, Division 11, 

to align with the Oregon Attorney 

General Model Rules, which address 

procedures for filing and serving 

documents in contested cases (appeals 

of ODEQ actions). These rule revisions 

were adopted by Oregon on December 

11, 2013 and became effective on 

January 6, 2014. The rules were revised 

to improve the clarity and completeness 

of contested case appeals coming before 

the Environmental Quality Commission. 

Division 11 provides authority needed 

for implementing the SIP and is 

consistent with the CAA requirements 

for the issuance of permits and 

enforcement authority. The EPA is 

therefore approving the revisions to 

Division 11 submitted by the ODEQ, 

subject to the qualifications discussed 

below in Section III. 

2. Division 12, Enforcement Procedures 

and Civil Penalties 

Division 12 contains enforcement 

procedures and civil penalty provisions 

that apply across all programs 

implemented by the ODEQ, including 

the air quality regulations that the EPA 

has approved into the SIP. Division 12 

provides the authority and procedures 

under which the ODEQ notifies 

regulated entities of violations, 

determines the appropriate penalties for 

violations, and assesses penalties for 

such violations. The revisions to 

Division 12 made by the ODEQ 

implement legislative increases in 

statutory maximum penalties, align 

violation classifications and magnitudes 

with ODEQ program priorities, provide 

greater mitigating credit for correcting 

violations, and make minor 

housekeeping changes. 

The EPA has reviewed the revisions 

to OAR Chapter 340, Division 12 and 

finds that these rules continue to 

provide the ODEQ with adequate 

authority for enforcing the SIP as 

required by section 110 of the Clean Air 

Act and 40 CFR 50.230(b). Importantly, 

OAR 340–012–0160(1) gives the ODEQ 

the discretion to increase a base penalty 

to that derived using the next highest 

penalty matrix value and OAR 340– 

012–0160(4) gives the ODEQ the 

discretion to deviate from the penalty 

matrices and assess penalties of $25,000 

per day, per violation based on the facts 

and circumstances of the individual 

case. The EPA therefore approves into 

the SIP the revisions to Division 12 

submitted by the ODEQ, subject to the 

qualifications discussed below in 

Section III. 

III. Final Action 

The EPA is taking the following 

action on the revisions to LRAPA title 

47, Open Burning, adopted on May 14, 

2008, and submitted to the EPA by the 

ODEQ on July 7, 2014. We approve the 

revisions to the following sections 

except as identified below: 47–001, 

General Policy; 47–005, Exemptions 

from These Rules; 47–010, Definitions; 

47–015, Open Burning Requirements; 

and 47–020, Letter Permits. As 

discussed in Section II.A.5 above, 

because the 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, 

we are not approving into the SIP and 

are removing from the SIP under the 

authority of CAA section 110(k)(6) the 

following provisions: The definition of 

‘‘nuisance’’ in LRAPA 47–010; LRAPA 

47–015–1.D (currently in the SIP); 

LRAPA 47–015–1.H; LRAPA 47–015– 

6.B(5); LRAPA 47–020–3 (currently in 

the SIP); LRAPA 47–020–9.I; LRAPA 

47–020–10 (first sentence currently in 

the SIP). 

The EPA also approves revisions to 

OAR Chapter 340, Division 11, adopted 

on December 11, 2013 and submitted by 

the ODEQ on June 30, 2014. The EPA 

is approving this division, however, 

only to the extent it relates to 

implementation of requirements 

contained in the Oregon SIP. The EPA 

is not incorporating these rules by 

reference into the Code of Federal 

Regulations, however, because the EPA 

relies on its independent administrative 

and enforcement procedures under the 

CAA. 

The EPA also approves revisions to 

OAR Chapter 340, Division 12, adopted 

on December 11, 2013 and submitted by 

the ODEQ on June 30, 2014, except for 

the following provisions that do not 

relate to air emissions and were not 

submitted by the ODEQ for approval: 

OAR 340–012–0027,1 –0055, –0060, 

–0065, –0066, –0067, –0068, –0071, 

–0072, –0073, –0074, –0079, –0081, 

–0082, –0083, –0097. In addition, the 

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. Again, the EPA is not incorporating 

these rules by reference into the Code of 

Federal Regulations, however, because 

the EPA relies on its independent 

enforcement procedures and penalty 

provisions in bringing enforcement 

actions and assessing penalties under 

the CAA. 

The EPA is not approving the 

revisions to OAR 340–200–0040 in these 

SIP submittals because these provisions 

address state SIP adoption procedures 

and because the Federally-approved SIP 

consists only of regulations and other 

requirements that have been submitted 

by the ODEQ and approved by the EPA. 

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64350 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is incorporating by 

reference the ODEQ regulations 

described in the amendments to 40 CFR 

part 52 set forth below. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

V. Statutory and Executive Orders 

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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 Clean Air Act; 

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 or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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. The 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 December 22, 

2015. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that the EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, Intergovernmental 

relations, Incorporation by reference, 

Particulate matter, Reporting, and 

recordkeeping requirements. 

Dated: September 25, 2015. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

For the reasons stated in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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: 

■ a. In paragraph (c) Table 4—EPA 

Approved Lane Regional Air Protection 

Agency (LRAPA) Rules for Oregon by: 

■ i. Revising entries 47–001, 47–005, 

47–010, 47–015, and 47–020. 

■ ii. Removing the entry 47–030. 

■ b. In paragraph (e) table titled ‘‘Oregon 

Administrative Rules Approved, But 

Not Incorporated By Reference’’ by: 

■ i. Revising entry 011–0005. 

■ ii. Adding entries 011–0010, 011– 

0024, 011–0029, 011–0046, 011–0053, 

011–0061, 011–0310, 011–0330, 011– 

0340, 011–0360, 011–0370, 011–0380, 

011–0390, and 011–0500 in numerical 

order. 

■ iii. Revising entries 011–0510 and 

011–0515. 

■ iv. Adding entries 011–0520, 011– 

0525, 011–0530, 011–0535, 011–0540, 

011–0545, 011–0550, 011–0555, 011– 

0565, and 011–0570 in numerical order. 

■ v. Revising entries 011–0573 and 011– 

0575. 

■ vi. Adding entries 011–0580 and 011– 

0585 in numerical order. 

■ vii. Revising entries 012–0026, 012– 

0028, 012–0030, 012–0038, 012–0041, 

012–0045, 012–0053, 012–0054, 012– 

0130, 012–0135, 012–0140, 012–0145, 

012–0150, 012–0155, 012–0160, 012– 

0162, 012–0165, and 012–0170. 

The revisions and additions read as 

follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64351 

TABLE 4—EPA APPROVED LANE REGIONAL AIR PROTECTION AGENCY (LRAPA) RULES FOR OREGON

LRAPA citation Title/subject State effective 

date EPA approval date Explanations 

*******

Title 47—Rules for Open Outdoor Burning 

47–001 .............. General Policy ............................... 3/14/2008 10/23/2015, [Insert Federal Register citation].

47–005 .............. Exemptions from these Rules ....... 3/14/2008 10/23/2015, [Insert Federal Register citation].

47–010 .............. Definitions ..................................... 3/14/2008 10/23/2015, [Insert Federal Register citation].Except the definition of ‘‘nuisance’’. 

47–015 .............. Open Burning Requirements ........ 3/14/2008 10/23/2015, [Insert Federal Register citation].Except 1.D, 1.H, and 6.B(5). 

47–020 .............. Letter Permits ................................ 3/14/2008 10/23/2015, [Insert Federal Register citation].Except 3, 9.I, and 10. 

* * * * * * * 

* * * * * (e) EPA Approved Nonregulatory 

provisions and Quasi-Regulatory 

Measures. 

OREGON ADMINISTRATIVE RULES, APPROVED BUT NOT INCORPORATED BY REFERENCE

State citation Title/subject State effective 

date EPA approval date Explanations 

Division 11—Rules of General Applicability and Organization 

011–0005 .......... Definitions ..................................... 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0010 .......... Notice of Rulemaking .................... 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0024 .......... Rulemaking Process ..................... 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0029 .......... Policy on Disclosure of the Relationship Between Proposed 

Rules and Federal Requirements.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0046 .......... Petition to Promulgate, Amend, or 

Repeal Rule: Content of Petition, Filing or Petition.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0053 .......... Periodic Rule Review .................... 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0061 .......... Declaratory Ruling: Institution of 

Proceedings, Consideration of 

Petition and Disposition of Petition.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0310 .......... Purpose ......................................... 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0330 .......... Requests for Review or to Obtain 

Copies of Public Records.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0340 .......... Costs for Record Review and 

Copying.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0360 .......... Collecting Fees ............................. 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0370 .......... Certification of Copies of Records 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0380 .......... Fee Waivers and Reductions ....... 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0390 .......... Exempt Records ........................... 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0500 .......... Contested Case Proceedings 

Generally.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0510 .......... Agency Representation by Environmental Law Specialist.1/6/2014 10/23/2015, [Insert Federal Register citation].

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64352 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 

OREGON ADMINISTRATIVE RULES, APPROVED BUT NOT INCORPORATED BY REFERENCE—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

011–0515 .......... Authorized Representative of a 

Participant other than a Natural 

Person in a Contested Case 

Hearing.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0520 .......... Liability for the Acts of a Person’s 

Employees.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0525 .......... Service and Filing of Documents .. 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0530 .......... Requests for Hearing .................... 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0535 .......... Final Orders by Default ................. 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0540 .......... Consolidation or Bifurcation of 

Contested Case Hearings.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0545 .......... Burden and Standard of Proof in 

Contested Case Hearings; DEQ 

Interpretation of Rules and Statutory Terms.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0550 .......... Discovery ...................................... 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0555 .......... Subpoenas .................................... 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0565 .......... Immediate Review ........................ 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0570 .......... Permissible Scope of Hearing ...... 1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0573 .......... Proposed Orders in Contested 

Cases.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0575 .......... Review of Proposed Orders in 

Contested Cases.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0580 .......... Petitions for Reconsideration or 

Rehearing.

1/6/2014 10/23/2015, [Insert Federal Register citation].

011–0585 .......... Petitions for a Stay of the Effect of 

a Final Order.

1/6/2014 10/23/2015, [Insert Federal Register citation].

Division 12—Enforcement Procedure and Civil Penalties 

012–0026 .......... Policy ............................................. 1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0028 .......... Scope of Applicability .................... 1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0030 .......... Definitions ..................................... 1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0038 .......... Warning Letters, Pre-Enforcement 

Notices and Notices of Permit 

Violation.

1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0041 .......... Formal Enforcement Actions ........ 1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0045 .......... Civil Penalty Determination Procedure.1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0053 .......... Classification of Violations that 

Apply to all Programs.

1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0054 .......... Air Quality Classification of Violations.1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0130 .......... Determination of Violation Magnitude.1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0135 .......... Selected Magnitude Categories .... 1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0140 .......... Determination of Base Penalty ..... 1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0145 .......... Determination of Aggravating or 

Mitigating Factors.

1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0150 .......... Determination of Economic Benefit 1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0155 .......... Additional or Alternate Civil Penalties.1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0160 .......... DEQ Discretion Regarding Penalty 

Assessment.

1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0162 .......... Inability to Pay the Penalty ........... 1/6/2014 10/23/2015, [Insert Federal Register citation].

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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64353 

OREGON ADMINISTRATIVE RULES, APPROVED BUT NOT INCORPORATED BY REFERENCE—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

012–0165 .......... Stipulated Penalties ...................... 1/6/2014 10/23/2015, [Insert Federal Register citation].

012–0170 .......... Compromise or Settlement of Civil 

Penalty by DEQ.

1/6/2014 10/23/2015, [Insert Federal Register citation].

* * * * * 

[FR Doc. 2015–26159 Filed 10–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Indian Health Service 

42 CFR Part 137 

Change of Address for the Interior 

Board of Indian Appeals 

AGENCY: Indian Health Service, Health 

and Human Services. 

ACTION: Final rule. 

SUMMARY: The Department of Health and 

Human Services (HHS or the 

Department) is revising its regulations 

governing administrative appeals to 

reflect a change of address for the 

Interior Board of Indian Appeals (IBIA). 

The IBIA moved to a new address at 801 

North Quincy St., Suite 300, Arlington, 

VA 22203 effective February 11, 2002. 

DATES: This rule is effective October 23, 

2015. 

FOR FURTHER INFORMATION CONTACT: Carl 

Mitchell, Acting Director, Division of 

Regulatory Affairs, Indian Health 

Service, 801 Thompson Avenue, 

Rockville, Maryland 20852, Telephone: 

(301) 443–1116. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Through a two-person panel of 

administrative judges, the Interior Board 

of Indian Appeals (IBIA) has the 

authority to consider appeals from 

decisions of agency officials and 

administrative law judges in cases 

under the Indian Self-Determination 

and Education Assistance Act 

(ISDEAA). Located within the 

Department of Interior’s Office of 

Hearings and Appeals (OHA), IBIA is 

separate and independent from the 

Bureau of Indian Affairs (BIA) and the 

Assistant Secretary—Indian Affairs. 

Effective February 11, 2002, the IBIA 

was relocated to 801 North Quincy 

Street, Arlington, Virginia. To avoid 

confusion with appeals, HHS is 

updating its administrative appeals 

regulations to reflect the IBIA’s new 

street address. 

II. Procedural Requirements 

A. Determination To Issue Final Rule 

Effective in Less Than 30 Days 

The Department has determined that 

the public notice and comment 

provisions of the Administrative 

Procedure Act, 5 U.S.C. 553(b), do not 

apply to this rulemaking because the 

changes being made relate solely to 

matters of agency organization, 

procedure, and practice. It, therefore, 

satisfies the exemption from notice and 

comment rulemaking in 5 U.S.C. 

553(b)(A). 

Moreover, the Department has 

determined that there is good cause to 

waive the requirement of publication 30 

days in advance of the rule’s effective 

date under 5 U.S.C. 553(d). The error in 

the IBIA’s location could cause 

misdirection of appeals. Thus, if the 

changes in this rule were to become 

effective 30 days after publication, it 

could cause further delays in processing 

appeals. Because an earlier effective 

date benefits the public, there is good 

cause for making this rule effective in 

less than 30 days, as permitted by 5 

U.S.C. 553(d)(3). 

B. Review Under Procedural Statutes 

and Executive Orders 

The Department has reviewed this 

rule under the following statutes and 

executive orders governing rulemaking 

procedures: The Unfunded Mandates 

Reform Act of 1995, 2 U.S.C. 1501 et 

seq.; the Regulatory Flexibility Act, 5 

U.S.C. 601 et seq.; the Small Business 

Regulatory Enforcement Fairness Act of 

1996, 5 U.S.C. 801 et seq.; the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq.; the National 

Environmental Policy Act of 1969, 42 

U.S.C. 4321 et seq.; Executive Order 

12630 (Takings); Executive Order 12866 

(Regulatory Planning and Review); 

Executive Order 12988 (Civil Justice 

Reform); Executive Order 13132 

(Federalism); Executive Order 13175 

(Tribal Consultation); and Executive 

Order 13211 (Energy Impacts). The 

Department has determined that this 

rule does not trigger any of the 

procedural requirements of those 

statutes and executive orders, since this 

rule merely changes the street address 

for the IBIA. 

Dated: August 17, 2015. 

Robert G. McSwain, 

Deputy Director, Indian Health Service. 

Approved: October 9, 2015. 

Sylvia M. Burwell, 

Secretary, Health and Human Services. 

For the reasons set forth in the 

preamble, the Department, through the 

Indian Health Service amends subpart P 

of title 42 of the Code of Federal 

Regulations part 137 to read as follows: 

PART 137 [AMENDED] 

■ 1. The authority citation for part 137 

continues to read as follows: 

Authority: 25 U.S.C. 458 et seq. 

§ 137.418 [Amended] 

■ 2. In § 137.418, revise ‘‘4015 Wilson 

Boulevard, Arlington, VA 22203’’ to 

read ‘‘801 North Quincy St., Suite 300, 

Arlington, VA 22203’’. 

§ 137.423 [Amended] 

■ 3. In § 137.423, revise ‘‘4015 Wilson 

Boulevard, Arlington, VA 22203’’ to 

read ‘‘801 North Quincy St., Suite 300, 

Arlington, VA 22203’’. 

§ 137.425 [Amended] 

■ 4. In § 137.425, in paragraph (b), 

revise ‘‘4015 Wilson Boulevard, 

Arlington, VA 22203’’ to read ‘‘801 

North Quincy St., Suite 300, Arlington, 

VA 22203’’. 

§ 137.440 [Amended] 

■ 5. In § 137.440, in paragraph (b), 

revise ‘‘4015 Wilson Boulevard, 

Arlington, VA 22203’’ to read ‘‘801 

North Quincy St., Suite 300, Arlington, 

VA 22203’’. 

[FR Doc. 2015–27025 Filed 10–22–15; 8:45 am] 

BILLING CODE 4165–16–P 

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