37124 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

requirements, Volatile organic 

compounds. 

Dated: June 5, 2013. 

Judith A. Enck, 

Regional Administrator, Region 2. 

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 HH—New York 

■ 2. Section 52.1670 is amended by: 

■ a. Adding a new heading for Title 19 

and a new entry for ‘‘Part 937, Access 

to Publicly Available Records’’ to the 

table in paragraph (c) before the heading 

for ‘‘Environmental Conservation Law;’’ 

■ b. Adding a new heading for ‘‘Public 

Officers Law’’ and a new entry for 

‘‘Section 73–a, Financial Disclosure’’ to 

the table in paragraph (c) after the entry 

for ‘‘Section 19–0325;’’ and, 

■ c. Adding a new entry at the end of 

the table in paragraph (e). 

The additions read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS

New York State regulation State effective 

date Latest EPA approval date Comments 

*******

Title 19 

Part 937, ‘‘Access To Publicly Available Records’’.8/27/12 6/20/13 [Insert FR page citation] ............ Only subpart 937.1(a) is approved into 

the SIP and is for the limited purpose 

of satisfying Clean Air Act Section 

128(a)(2). 

* * * * * * * 

Public Officers Law 

Section 73–a, ‘‘Financial disclosure’’ 8/15/11 6/20/13 [Insert FR page citation] ............ Only subsections 73–a (2)(a)(i) and (ii) 

are approved into the SIP and are for 

the limited purpose of satisfying Clean 

Air Act Section 128(a)(2). 

* * * * * (e) * * * 

EPA-APPROVED NEW YORK NONREGULATORY AND QUASI–REGULATORY PROVISIONS

Action/SIP element Applicable geographic or 

nonattainment area New York submittal date EPA approval date Explanation 

*******

Section 110(a)(2) Infrastructure Requirements 

for the 1997 8-hour 

ozone and the 1997 and 

2006 PM2.5 NAAQS.

Statewide .......................... 12/13/07, 10/2/08, 3/15/10 

and supplemented on 5/ 

23/13.

6/20/13 [Insert page number where the document 

begins].

This action addresses the 

following CAA elements: 

110(a)(2)(A), (B), (C), 

(D)(i)(II) prongs 3 and 4, 

(D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 

[FR Doc. 2013–14626 Filed 6–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2012–0494, FRL–9802–7] 

Approval and Promulgation of 

Implementation Plans; Oregon: Heat 

Smart Program and Enforcement 

Procedures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving 

revisions to Oregon’s State 

Implementation Plan (SIP) submitted to 

the EPA by the State of Oregon on 

October 5, 2011, June 8, 2012, and 

November 28, 2012. The submitted 

revisions relate to Oregon’s Heat Smart 

program, rules for enforcement 

procedures and civil penalties, and 

contain minor revisions and 

clarifications to general air pollution 

definitions, rules for stationary source 

notification requirements, and 

requirements for fuel burning. The EPA 

is approving these SIP revisions because 

the revisions meet the requirements of 

the Clean Air Act. 

DATES: This final rule is effective on July 

22, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2012–0494. All documents in the docket 

are listed on the http:// 

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 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37125 

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 to 4:30, 

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, wherever 

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

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On October 5, 2011, June 8, 2012, and 

November 28, 2012, the State of Oregon 

submitted revisions to the EPA for 

approval into the Oregon SIP. The 

submitted revisions relate to Oregon’s 

Heat Smart program in Oregon 

Administrative Rules (OAR) Chapter 

340, Division 262 (OAR 340–262), the 

enforcement procedures and civil 

penalties rules (OAR 340–012), and 

contain minor revisions and 

clarifications to general air pollution 

definitions (OAR 340–200), rules for 

stationary source notification 

requirements (OAR 340–210), and 

requirements for fuel burning (OAR 

340–228). In a proposed rule published 

on February 11, 2013 (78 FR 9651), the 

EPA proposed to approve these 

revisions to the Oregon SIP. An 

explanation of the Clean Air Act (CAA) 

requirements and implementing 

regulations related to these SIP revisions 

and the EPA’s reasons for approving the 

SIP revisions were provided in the 

notice of proposed rulemaking on 

February 11, 2013, and will not be 

restated here. The public comment 

period for this proposed rule ended on 

March 13, 2013. 

II. Response to Comments 

The EPA received two comments on 

the proposed rule. The first commenter 

requested clarification on the scope of 

the definition of solid fuel burning 

devices at OAR 340–262–0450. 

Specifically, the commenter requested 

and received confirmation from the EPA 

that barbeques and campfires were not 

included in the definition of solid fuel 

burning devices at OAR–340–262–0450. 

The second commenter supported the 

approval of the Oregon Heat Smart 

program rules and their contribution to 

reduced emissions and improved air 

quality. We agree with this comment 

and no response was necessary. Both 

comments are available in the docket. 

III. Final Action 

The EPA is approving the October 5, 

2011, June 8, 2012, and November 28, 

2012 SIP submittals from the State of 

Oregon as meeting the requirements of 

the CAA. Specifically, the EPA is 

approving revisions to OAR 340–012, 

OAR 340–200, OAR 340–210, OAR 340– 

228 and OAR 340–262 because the 

revisions are consistent with CAA 

requirements. In addition, the EPA 

approves the removal from the SIP of 

the regulations previously codified at 

OAR 340–262–0010 to OAR 340–262– 

0330 because the citations for these 

regulations have been renumbered. 

With regard to OAR 340–012, the EPA 

is approving the revisions to OAR 340– 

012, subject to the following 

qualifications. The EPA’s authority to 

approve SIP revisions extends to 

provisions related to attainment and 

maintenance of the NAAQS and 

carrying out other specific requirements 

of Section 110 of the CAA. Therefore, 

the EPA is approving the revisions to 

OAR 340–012 only to the extent they 

relate to enforcement of requirements 

contained in the Federally-approved 

Oregon SIP. Additionally, the EPA is 

not incorporating these rules by 

reference into the Code of Federal 

Regulations because the EPA relies on 

its own independent enforcement 

procedures and penalty provisions in 

bringing enforcement actions and 

assessing penalties under the CAA. 

The submittals contain an amendment 

to OAR 340–200–0040, which describes 

the State’s procedures for adopting its 

Clean Air Act Implementation Plan and 

references all of the state air regulations 

that have been adopted by the 

Environmental Quality Commission 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. We are proposing no action on the 

revisions to OAR 340–200–0040 in the 

SIP submittal because it is unnecessary 

to take action on a provision addressing 

State SIP adoption procedures and 

because the Federally-approved SIP 

consists only of regulations and other 

requirements that have been submitted 

by ODEQ and approved by the EPA. 

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 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 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 the state, and the EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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37126 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 19, 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, Volatile organic 

compounds, Reporting and 

recordkeeping requirements. 

Dated: April 3, 2013. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

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 MM—Oregon 

■ 2. Section 52.1970 is amended by 

adding paragraphs (c)(139)(i)(D) and (E), 

(c)(153)(i)(H) and (I), and (c)(157) to 

read as follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

(139) * * * 

(i) * * * 

(D) Based on a SIP revision submitted 

by Oregon on October 5, 2011, Oregon 

Administrative Rules Chapter 340, 

Division 262 ‘‘Residential 

Woodheating,’’ as effective October 14, 

1999, the following provisions are 

removed from the SIP: 262–0010, 262– 

0020, 262–0030, 262–0040, 262–0100, 

262–0110, 262–0120, 262–0130, 262– 

0200, 262–0210, 262–0220, 262–0230, 

262–0240, 262–0250, 262–0300, 262– 

0310, 262–0320, 262–0330. 

(E) Based on a SIP revision submitted 

by Oregon on June 8, 2012, Oregon 

Administrative Rules Chapter 340, 

Division 210 ‘‘Stationary Source 

Notification Requirements,’’ as effective 

October 8, 2002, the following 

provisions are removed from the SIP 

and replaced by revised provisions 

effective May 17, 2012: 210–0100, 210– 

0110, 210–0120, 210–0250. 

* * * * * 

(153) * * * 

(i) * * * 

(H) Based on a SIP revision submitted 

by Oregon on June 8, 2012, Oregon 

Administrative Rules Chapter 340, 

Division 200 ‘‘General Air Pollution 

Procedures and Definitions,’’ the 

following provision 340–200–0020, as 

effective May 1, 2011, is removed from 

the SIP and replaced by revised 

provision 340–200–0020 as effective 

May 17, 2012. 

(I) Based on a SIP revision submitted 

by Oregon on June 8, 2012, Oregon 

Administrative Rules Chapter 340, 

Division 228 ‘‘Requirements for Fuel 

Burning Equipment and Fuel Sulfur 

Content,’’ the following provisions 228– 

0020, 228–0200, 228–0210, as effective 

November 8, 2007, are removed from 

the SIP and replaced by revised 

provisions 228–0020, 228–0200, 228– 

0210, as effective May 17, 2012. 

* * * * * 

(157) On October 5, 2011, June 8, 

2012, and November 28, 2012, 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 Heat 

Smart program, enforcement procedures 

and civil penalties, general air pollution 

definitions, rules for stationary source 

notification requirements, and 

requirements for fuel burning. 

(i) Incorporation by reference. 

(A) The following sections of the OAR 

Chapter 340, Division 262, effective 

March 15, 2011: Division 262, Heat 

Smart Program for Residential 

Woodstoves and Other Solid Fuel 

Heating Devices: Rule 0400 Purpose and 

Applicability of Rules; Rule 0500 

Certification of Solid Fuel Burning 

Devices for Sale as New; Rule 0700 

Removal and Destruction of Used Solid 

Fuel Burning Devices; Rule 0800 Wood 

Burning and Other Heating Devices 

Curtailment Program; Rule 0900 

Materials Prohibited from Burning. 

(B) The following sections of the OAR 

Chapter 340, Division 262, effective May 

17, 2012: Division 262, Heat Smart 

Program for Residential Woodstoves and 

Other Solid Fuel Heating Devices: Rule 

0450 Definitions; Rule 0600 New and 

Used Solid Fuel Burning Devices Sold 

in Oregon. 

(ii) Additional Material: 

(A) The following revised sections of 

Oregon Administrative Rules Chapter 

340, effective November 10, 2008: 

Division 12 Enforcement Procedures 

and Civil Penalties: Rule 0030 

Definitions, Rule 0038 Warning Letters, 

Pre-Enforcement Notices and Notices of 

Permit Violation, Rule 0155 Additional 

or Alternate Civil Penalties, Rule 0170 

Compromise or Settlement of Civil 

Penalty by Department. 

(B) The following revised sections of 

Oregon Administrative Rules Chapter 

340, effective March 15, 2011: Division 

12 Enforcement Procedures and Civil 

Penalties: Rule 0054 Air Quality 

Classifications and Violations, Rule 

0140 Determination of Base Penalty. 

[FR Doc. 2013–14501 Filed 6–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2013–0233; FRL–9825–6] 

Approval and Promulgation of 

Implementation Plans; State of 

Kansas; Infrastructure SIP 

Requirements for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

four Kansas State Implementation Plan 

(SIP) submissions. EPA is approving 

portions of two SIP submissions 

addressing the applicable infrastructure 

requirements of the Clean Air Act (CAA) 

for the 1997 and 2006 National Ambient 

Air Quality Standards (NAAQS) for fine 

particulate matter (PM2.5). These 

infrastructure requirements are designed 

to ensure that the structural components 

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