46514 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations 

Dated: July 12, 2013. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.245 is added to read as 

follows: 

§52.245 New Source Review rules. 

(a) Approval of the New Source 

Review rules for the San Joaquin Valley 

Unified Air Pollution Control District 

Rules 2020 and 2201 as approved on 

May 17, 2004 in 

§ 52.220(c)(311)(i)(B)(1), and in effect for 

Federal purposes from June 16, 2004 

through June 10, 2010, is limited, as it 

relates to agricultural sources, to the 

extent that the permit requirements 

apply: 

(1) To agricultural sources with 

potential emissions at or above a major 

source applicability threshold; and 

(2) To agricultural sources with actual 

emissions at or above 50 percent of a 

major source applicability threshold. 

(b) Approval of the New Source 

Review rules for the San Joaquin Valley 

Unified Air Pollution Control District 

Rules 2020 and 2201 as approved on 

May 17, 2004 in 

§ 52.220(c)(311)(i)(B)(1), and in effect for 

Federal purposes from June 16, 2004 

through June 10, 2010, is limited, as it 

relates to agricultural sources, to the 

extent that the emission offset 

requirements apply to major agricultural 

sources and major modifications of such 

sources. 

[FR Doc. 2013–18413 Filed 7–31–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0884, FRL–9841–1] 

Approval and Promulgation of 

Implementation Plans; Oregon: 

Infrastructure Requirements for the 

1997 and 2006 Fine Particulate Matter 

and 2008 Ozone National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving the 

State Implementation Plan (SIP) 

submittals from the State of Oregon to 

demonstrate that the SIP meets the 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for fine particulate matter 

(PM2.5) on July 18, 1997, and October 

17, 2006, and for ozone on March 12, 

2008. The EPA is finding that the 

Federally-approved provisions currently 

in the Oregon SIP meet the CAA 

infrastructure requirements for the 1997 

PM2.5, 2006 PM2.5, and the 2008 ozone 

NAAQS. The EPA is also finding that 

the Federally-approved provisions 

currently in the Oregon SIP meet the 

interstate transport requirements of the 

CAA related to prevention of significant 

deterioration for the 2008 ozone 

NAAQS, and related to visibility for the 

2006 PM2.5 and 2008 ozone NAAQS. 

This action does not approve any 

additional provisions into the Oregon 

SIP but is a finding that the current 

provisions of the Oregon SIP are 

adequate to satisfy the above-mentioned 

infrastructure elements required by the 

CAA. 

DATES: This action is effective on 

September 3, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2011–0884. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information or other information the 

disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste and 

Toxics (AWT–107), 1200 Sixth Avenue, 

Suite 900, Seattle, WA 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: 

Kristin Hall at (206) 553–6357, 

hall.kristin@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is 

intended to refer to the EPA. 

Information is organized as follows: 

Table of Contents 

I. Background 

II. Response to Comment 

III. Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On March 21, 2013, the EPA proposed 

to approve the September 25, 2008, 

December 23, 2010, August 17, 2011, 

and December 19, 2011 SIP submittals 

from the State of Oregon to demonstrate 

that the SIP meets the requirements of 

CAA sections 110(a)(1) and (2) for the 

NAAQS promulgated for fine particulate 

matter (PM2.5) on July 18, 1997, and 

October 17, 2006, and for ozone on 

March 12, 2008 (78 FR 17304). In our 

March 21, 2013, notice of proposed 

rulemaking (NPR), we proposed to 

approve the SIP submittals and to find 

that the Federally-approved provisions 

currently in the Oregon SIP meet the 

following CAA section 110(a)(2) 

infrastructure elements for the 1997 

PM2.5, 2006 PM2.5, and 2008 ozone 

NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). We also 

proposed to find that the Federallyapproved provisions currently in the 

Oregon SIP meet the requirements of 

CAA section 110(a)(2)(D)(i)(II) as it 

applies to prevention of significant 

deterioration for the 2008 ozone 

NAAQS, and CAA section 

110(a)(2)(D)(i)(II) as it applies to 

visibility for the 2006 PM2.5 and 2008 

ozone NAAQS. An explanation of the 

CAA requirements and implementing 

regulations that are met by these SIP 

submittals, a detailed explanation of the 

submittals, and the EPA’s reasons for 

approving the submittals and making 

the above-described findings were 

provided in the NPR, and will not be 

restated here. The public comment 

period for this proposed rule ended on 

April 22, 2013. The EPA received one 

comment on the NPR. 

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Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations 46515 

II. Response to Comment 

Comment: The commenter stated that 

‘‘the Oregon SIP does not currently 

contain emission limits and other 

provisions which ensure that Oregon 

will attain and maintain the 2006 PM2.5

NAAQS,’’ and should be disapproved. 

In support of this conclusion, the 

commenter described the potential 

impact of future PM2.5 emissions from 

Coyote Island Terminal, LLC’s proposed 

Morrow Pacific Project in Oregon. The 

commenter included an air quality 

modeling analysis of the Morrow Pacific 

Project’s potential future ambient PM2.5

impacts, commissioned by the 

commenter’s client. The analysis 

predicted that the Morrow Pacific 

Project will emit PM2.5 in quantities that 

will cause violations of the 2006 PM2.5

NAAQS. The commenter concluded that 

‘‘if the Oregon Department of 

Environmental Quality issues an air 

pollution permit to the Coyote Island 

terminal, it will demonstrate that the 

Oregon SIP currently lacks emission 

limits and other measures to ensure 

attainment and maintenance of the 2006 

PM2.5 NAAQS.’’ The commenter further 

stated that ‘‘[s]hould the Oregon 

Department of Environmental Quality 

deny the air pollution permit for the 

Coyote Island coal terminal, then these 

comments would no longer be 

applicable.’’ The commenter did not 

identify any particular regulatory 

deficiencies in the Oregon SIP. The 

commenter’s conclusion that the Oregon 

SIP should be disapproved is contingent 

upon the outcome of a future permitting 

decision. 

Response: CAA section 110(a)(2)(A) 

requires that a SIP ‘‘include enforceable 

emission limitations and other control 

measures, means, or techniques . . . as 

well as schedules and timetables for 

compliance, as may be necessary or 

appropriate to meet the applicable 

requirements of this chapter.’’ The EPA 

notes that the commenter did not 

identify a specific absence of 

‘‘enforceable emission limitations or 

other control measures’’ necessary to 

ensure attainment of the PM2.5 NAAQS. 

Rather, the commenter’s conclusion that 

the Oregon infrastructure SIP for PM2.5

is deficient is contingent upon a 

particular decision being made under 

the existing SIP-approved regulations 

that the commenter anticipates will be 

applied in the case of the proposed 

Morrow Pacific Project, if that project is 

issued an air quality permit in the 

future. 

The EPA disagrees with the 

commenter’s conclusion that the Oregon 

SIP must, or can be disapproved 

contingent upon a particular, potential, 

future permitting decision. Rather, our 

analysis of the Oregon SIP as discussed 

in the NPR, set forth the EPA’s basis for 

concluding that the current Federallyapproved Oregon SIP meets the 

requirements of CAA section 

110(a)(2)(A) for purposes of the 2006 

PM2.5 NAAQS. In our analysis we stated 

that the State of Oregon generally 

regulates emissions of PM2.5 and PM2.5

precursors through its SIP-approved 

New Source Review (NSR) permitting 

programs, in addition to other rules and 

control programs. The EPA most 

recently approved revisions to the 

State’s major and minor NSR permitting 

programs on December 27, 2011 (76 FR 

80747), to regulate direct PM2.5

emissions, in addition to nitrogen 

oxides (NOX) and sulfur dioxide (SO2) 

as precursors to PM2.5. In addition to the 

State’s NSR permitting regulations, the 

State’s approved SIP contains rules that 

establish various controls on emissions 

of particulate matter, NOX, and SO2. 

These regulations address operational 

and work practice standards, fuel 

burning equipment and fuel sulfur 

content, grain loading, specific industry 

sectors, motor vehicle pollution, 

industrial emission management, 

residential wood heating, field burning, 

and banking of emission reduction 

credits. 

As described above, the comment 

focused on the Coyote Island Terminal, 

LLC’s proposed Morrow Pacific Project, 

asserting that if permitted, the source 

would, in the future, emit PM2.5 in 

quantities that would violate the 2006 

PM2.5 NAAQS. Because the source in 

question is a new source which has not 

yet been permitted and is not currently 

operating, the comment does not 

provide a basis for finding that the SIP 

lacks emission limitations and other 

control measures necessary to support a 

disapproval of the State’s infrastructure 

SIP submission. 

The EPA finds that Oregon’s SIP 

contains ‘‘emission limits and other 

control measures’’ that are appropriate 

to ensure attainment of the 2006 PM2.5

NAAQS. Under the provisions of 

Oregon’s Federally-approved SIP, 

owners and operators of new and 

modified major sources must satisfy the 

requirements of Oregon’s Federallyapproved major NSR program set forth 

at Oregon Administrative Rules (OAR) 

340–224 ‘‘Major New Source Review.’’ 

Oregon’s major NSR program includes 

requirements for new and modified 

major sources located in attainment and 

unclassifiable areas (OAR 340–224– 

0070) and nonattainment areas (OAR 

340–224–0050). Oregon’s minor NSR 

program set forth at OAR 340–216 ‘‘Air 

Contaminant Discharge Permits’’ 

includes requirements for minor sources 

located in attainment, unclassifiable, 

and nonattainment areas and requires 

that increases in emissions from any 

new or modified source not cause or 

contribute to violations of ambient 

standards or applicable PSD increments. 

Oregon’s Federally-approved major and 

minor NSR permitting programs 

regulate and control emissions from 

new and modified sources of regulated 

pollutants, including PM2.5 and NOX

and SO2 as precursors. 

The commenter’s conclusion that ‘‘if 

the Oregon Department of 

Environmental Quality issues an air 

pollution permit to the Coyote Island 

terminal, it will demonstrate that the 

Oregon SIP currently lacks emission 

limits and other measures to ensure 

attainment and maintenance of the 2006 

PM2.5 NAAQS’’ fails to account for the 

State’s Federally-approved NSR 

permitting programs and the 

requirements that owners and operators 

must satisfy prior to obtaining a permit. 

A finding related to the legal adequacy 

of this SIP cannot be based solely on the 

outcome of this particular potential 

permitting action, as the commenter 

proffers. 

The EPA believes the current, 

Federally-approved Oregon SIP includes 

enforceable emission limitations and 

other control measures, means, or 

techniques to attain and maintain the 

2006 PM2.5 NAAQS, and therefore, is 

taking final action to find that the 

Oregon SIP meets the requirements of 

CAA section 110(a)(2)(A) for the 2006 

PM2.5 NAAQS. 

III. Action 

The EPA has determined that the 

September 25, 2008, December 23, 2010, 

August 17, 2011, and December 19, 

2011, SIP submittals from the State of 

Oregon are consistent with the 

requirements of section 110 of the CAA. 

Therefore, the EPA is approving the SIP 

submittals from the State of Oregon to 

demonstrate that the SIP meets the 

infrastructure requirements of the CAA 

for the NAAQS promulgated for PM2.5

on July 18, 1997, and October 17, 2006, 

and for ozone on March 12, 2008. The 

EPA is finding that the Federallyapproved provisions currently in the 

Oregon SIP meet the following CAA 

section 110(a)(2) infrastructure elements 

for the 1997 PM2.5, 2006 PM2.5, and the 

2008 ozone NAAQS: (A), (B), (C), (D)(ii), 

(E), (F), (G), (H), (J), (K), (L), and (M). 

The EPA is also finding that the 

Federally-approved provisions currently 

in the Oregon SIP meet the requirements 

of CAA section 110(a)(2)(D)(i)(II) as it 

applies to prevention of significant 

deterioration for the 2008 ozone 

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46516 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations 

NAAQS, and CAA section 

110(a)(2)(D)(i)(II) as it applies to 

visibility for the 2006 PM2.5 and 2008 

ozone NAAQS. This action is being 

taken under section 110 of the CAA. 

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 

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 CAA. Accordingly, this proposed 

action merely approves the state’s law 

as meeting Federal requirements and 

does not impose additional 

requirements beyond those imposed by 

the state’s 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 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 Oregon, and the 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 September 30, 

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, 

Ozone, Particulate matter, and 

Reporting and recordkeeping 

requirements. 

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

Dated: July 19, 2013. 

Michelle Pirzadeh, 

Acting Regional Administrator, Region 10. 

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 52.1991 is amended by 

redesignating the undesignated text as 

paragraph (a), and by adding paragraph 

(b) to read as follows: 

§ 52.1991 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(b) On September 25, 2008, December 

23, 2010, August 17, 2011, and 

December 19, 2011, the Oregon 

Department of Environmental Quality 

submitted SIP revisions to address the 

requirements of CAA sections 110(a)(1) 

and (2) for the 1997 PM2.5, 2006 PM2.5, 

and 2008 ozone NAAQS. The EPA 

approves the submittals as meeting the 

following CAA section 110(a)(2) 

infrastructure elements for the 1997 

PM2.5, 2006 PM2.5, and the 2008 ozone 

NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). The EPA also 

approves the submittals as meeting the 

requirements of CAA section 

110(a)(2)(D)(i)(II) as it applies to 

prevention of significant deterioration 

for the 2008 ozone NAAQS, and CAA 

section 110(a)(2)(D)(i)(II) as it applies to 

visibility for the 2006 PM2.5 and 2008 

ozone NAAQS. 

* * * * * 

[FR Doc. 2013–18314 Filed 7–31–13; 8:45 am] 

BILLING CODE 6560–50–P 

EVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[PA200–4204; FRL–9811–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is updating the materials 

that are incorporated by reference (IBR) 

into the Pennsylvania State 

Implementation Plan (SIP). The 

regulations affected by this update have 

been previously submitted by the 

Pennsylvania Department of 

Environmental Protection (PADEP) and 

approved by EPA. This update affects 

the SIP materials that are available for 

public inspection at the National 

Archives and Records Administration 

(NARA), the Air and Radiation Docket 

and Information Center located at EPA 

Headquarters in Washington, DC, and 

the EPA Regional Office. 

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