```

[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Proposed Rules]
[Pages 26710-26722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09256]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R10-OAR-2022-0124; FRL-9488-01-R10]

Air Plan Approval; OR; Oakridge PM2.5 Redesignation to Attainment 
and Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to 
redesignate the Oakridge, Oregon nonattainment area (Oakridge NAA or 
Oakridge area) to attainment for the 2006 24-hour fine particulate 
matter (PM2.5) National Ambient Air Quality Standard 
(NAAQS). EPA also proposes to approve a maintenance plan for the area 
demonstrating continued compliance with the PM2.5 NAAQS 
through 2035, which the Lane Regional Air Protection Agency (LRAPA) 
developed in coordination with the Oregon Department of Environmental 
Quality (ODEQ), for inclusion into the Oregon State Implementation Plan 
(SIP). The Oakridge PM2.5 maintenance plan was submitted to 
EPA by ODEQ along with the redesignation request on January 13, 2022. 
Additionally, EPA proposes to approve the motor vehicle emissions 
budgets included in the Oakridge PM2.5 maintenance plan and 
inform the public that we are starting the adequacy process for the 
proposed motor vehicle emissions budgets, including a public comment 
period. EPA also proposes to approve additional control measures 
because incorporation of these measures will strengthen the Oregon SIP 
and ensure PM2.5 emissions reductions in the Oakridge area. 
Finally, EPA proposes to take final agency action on an exceptional 
events request submitted by ODEQ on July 22, 2021 and concurred on by 
EPA on April 1, 2022. EPA proposes these actions pursuant to the Clean 
Air Act (CAA or the Act).

DATES: Comments must be received on or before June 6, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2022-0124, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not electronically submit any 
information you consider to be Confidential Business Information (CBI) 
or other information the disclosure of which is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christi Duboiski (15-H13), EPA Region 
10, 1200 Sixth Avenue (Suite 155), Seattle WA 98101, at (360) 753-9081, 
or [email protected].

[[Page 26711]]

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' or 
``our'' is used, it refers to EPA.

Table of Contents

I. Background
II. Clean Air Act Requirements for Redesignation to Attainment
III. EPA's Analysis of Oregon's Submittal
    A. Attainment Determination
    B. Applicable Requirements Under Section 110 and Part D of the 
CAA
    1. CAA Section 110 General SIP Requirements
    2. Part D of Title I Requirements
    3. Fully Approved SIP Under CAA Section 110(k)
    C. Improvement in Air Quality Due to Permanent and Enforceable 
Measures
    D. Fully Approved Maintenance Plan
    1. Attainment Inventory
    2. Maintenance Demonstration
    3. Monitoring Network and Verification of Continued Attainment
    4. Contingency Plan
    E. Transportation Conformity and Motor Vehicle Emissions Budgets
    F. State Rule Changes To Reflect the Redesignation
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Orders Review

I. Background

    On October 17, 2006, EPA revised the level of the 24-hour 
PM2.5 NAAQS, lowering the primary and secondary standards 
from the 1997 standard of 65 micrograms per cubic meter ([micro]g/m\3\) 
to 35 [micro]g/m\3\ (71 FR 61143). On November 13, 2009, EPA designated 
a portion of Lane County, Oregon nonattainment for the 2006 24-hour 
PM2.5 NAAQS (74 FR 58688). This nonattainment area is 
referred to as the Oakridge, Oregon PM2.5 NAA (Oakridge NAA 
or Oakridge area).
    The Oakridge NAA boundary is a rectangular area that includes the 
City of Oakridge and the small town of Westfir. The City of Oakridge is 
situated in a valley where the middle fork of the Willamette River 
flows east to west, and mountains rise on the north and south sides. 
Westfir is a very small isolated rural mountain community also located 
in a valley along the north fork of the Willamette River about 1-mile 
NW of Oakridge. It is surrounded by the same high mountains. This 
topography can act as a barrier to air movement in the Oakridge NAA 
during temperature inversions, which occur in the winter months and are 
often the cause of elevated concentrations of PM2.5. 
Additional information pertaining to the specific boundary for the 
Oakridge NAA can be found in the November 13, 2009, final designations 
action for the 2006 24-hour PM2.5 NAAQS (74 FR 58688).
    The nonattainment designation of the Oakridge NAA required Oregon 
to prepare and submit an attainment plan to meet statutory and 
regulatory requirements.\1\ ODEQ submitted this attainment plan to EPA 
on December 12, 2012 (2012 attainment plan). EPA approved the 
description of the Oakridge NAA and the baseline emissions inventory 
and disapproved everything else submitted in the attainment plan on 
October 21, 2016 (81 FR 72714). ODEQ submitted a supplement to the 
attainment plan on January 20, 2017 (2017 Oakridge Update). On February 
8, 2018, EPA approved the 2017 Oakridge Update including the attainment 
year emission inventory, the control measures in the attainment plan as 
meeting reasonably available control measures/technology (RACM/RACT), 
the attainment demonstration, the motor vehicle emissions budgets 
(MVEBs) for PM2.5, the demonstration of reasonable progress, 
the quantitative milestones and contingency measures (83 FR 5537).
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    \1\ See part D of title I of the Clean Air Act and EPA's Fine 
Particulate Matter National Ambient Air Quality Standards: State 
Implementation Plan Requirements (72 FR 20586, April 25, 2007).
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    In addition, on July 18, 2016, EPA granted a one-year extension, 
under CAA section 188(d), to the December 31, 2015, Moderate attainment 
date for the 2006 24-hour PM2.5 Oakridge NAA (81 FR 46612). 
On February 8, 2018, EPA finalized a determination that the Oakridge 
NAA had attained the 2006 24-hour PM2.5 NAAQS (Determination 
of Attainment) by the December 31, 2016, attainment date (83 FR 5537).

II. Clean Air Act Requirements for Redesignation to Attainment

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA, 
allows for redesignation provided that: (1) EPA determines that the 
area has attained the applicable NAAQS; (2) EPA has fully approved the 
applicable implementation plan for the area under section 110(k) of the 
CAA; (3) EPA determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions; (4) EPA has fully approved a maintenance plan for the area 
as meeting the requirements of section 175A of the CAA; and (5) the 
state has met all requirements applicable to the area under section 110 
and part D of the CAA. In this proposed action, EPA will review CAA 
section 107(d)(3)(E) requirements (2) and (5) together as part of our 
evaluation of Oregon's redesignation request.
    EPA has provided guidance on redesignations in the ``General 
Preamble,'' \2\ and has provided further guidance on processing 
redesignation requests in the following documents: (1) ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992 (hereafter the ``Calcagni Memo''); (2) ``State 
Implementation Plan (SIP) Actions Submitted in Response to Clean Air 
Act (CAA) Deadlines,'' Memorandum from John Calcagni, Director, Air 
Quality Management Division, October 28, 1992; and (3) ``Part D New 
Source Review (part D NSR) Requirements for Areas Requesting 
Redesignation to Attainment,'' Memorandum from Mary D. Nichols, 
Assistant Administrator for Air and Radiation, October 14, 1994. These 
documents are included in the Docket for this proposed action.
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    \2\ See ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
57 FR 13498, April 16, 1992.
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III. EPA's Analysis of Oregon's Submittal

    EPA proposes to redesignate the Oakridge NAA to attainment for the 
2006 24-hour PM2.5 NAAQS and proposes to approve into the 
Oregon SIP the associated Oakridge PM2.5 maintenance plan. 
EPA's proposed approval of the redesignation request and maintenance 
plan is based upon EPA's determination that the area continues to 
attain the 2006 24-hour PM2.5 NAAQS and that all other 
redesignation criteria have been met for the area. Sections III.A 
through D of this document describe how Oregon's January 13, 2022, 
submittal satisfies the requirements of section 107(d)(3)(E) of the CAA 
for the 2006 24-hour PM2.5 standard.\3\
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    \3\ We note that the January 13, 2022 submittal also includes 
the Oakridge PM10 redesignation and maintenance plan and 
revisions to LRAPA's Title 29 rules, which EPA will address in a 
separate action.
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    Oregon's submittal also addresses transportation MVEBs and 
emissions from wildfire-influenced PM2.5 concentrations 
recorded in the Oakridge NAA in 2020. EPA proposes to approve the MVEBs 
and proposes to approve the exclusion of ambient air quality monitoring 
data associated with the wildfire-influenced exceptional events that 
affected this data in September of 2020 for the purposes of showing 
continued attainment of the NAAQS.

[[Page 26712]]

A. Attainment Determination

    To redesignate an area from nonattainment to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). EPA determines whether an area has 
attained the 2006 24-hour PM2.5 NAAQS based upon measured 
air quality levels at each eligible monitoring site to produce a design 
value equal to or below 35 [micro]g/m\3\.\4\ A state must demonstrate 
that an area has attained the 2006 24-hour PM2.5 NAAQS 
through submittal of ambient air quality data from an ambient air 
monitoring network representing expected maximum PM2.5 
concentrations. The data must be quality-assured, quality-controlled 
and certified in EPA's Air Quality System (AQS) and it must show that 
the three-year average of valid PM2.5 98th percentile mass 
concentrations is equal to or below the 2006 24-hour PM2.5 
NAAQS (35 [micro]g/m\3\), pursuant to 40 CFR 50.13. In making this 
showing, three years of complete air quality data must be used.
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    \4\ See 40 CFR part 50 and 40 CFR part 50, appendix N.
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The Exceptional Event Rule
    Congress has recognized that it may not be appropriate for EPA to 
use certain monitoring data collected by the ambient air quality 
monitoring network and maintained in EPA's AQS database \5\ in certain 
regulatory determinations. Thus, in 2005, Congress provided the 
statutory authority for the exclusion of data influenced by 
``exceptional events'' meeting specific criteria by adding section 
319(b) to the CAA.\6\ To implement this 2005 CAA amendment, EPA 
promulgated the 2007 Exceptional Events Rule.\7\ The 2007 Exceptional 
Events Rule created a regulatory process codified at 40 CFR parts 50 
and 51 (sections 50.1, 50.14 and 51.930). These regulatory sections, 
which superseded EPA's previous guidance on handling data influenced by 
events, contain definitions, procedural requirements, requirements for 
air agency demonstrations, criteria for EPA's approval of the exclusion 
of event-affected air quality data from the data set used for 
regulatory decisions, and requirements for air agencies to take 
appropriate and reasonable actions to protect public health from 
exceedances or violations of the NAAQS. In 2016, EPA promulgated a 
comprehensive revision to the 2007 Exceptional Events Rule.\8\ The 2016 
Exceptions Events Rule revision included the requirement that, if a 
state demonstrates that emissions from a wildfire smoke event caused a 
specific air pollution concentration in excess of the NAAQS at a 
particular air quality monitoring location and otherwise satisfies the 
requirements of 40 CFR 50.14, EPA must exclude that data from use in 
determinations of exceedances and violations.\9\
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    \5\ AQS is EPA's official repository of ambient air data.
    \6\ Under CAA section 319(b), an exceptional event means an 
event that (i) affects air quality; (ii) is not reasonably 
controllable or preventable; (iii) is an event caused by human 
activity that is unlikely to recur at a particular location or a 
natural event; and (iv) is determined by EPA under the process 
established in regulations promulgated by EPA in accordance with 
section 319(b)(2) to be an exceptional event. For the purposes of 
section 319(b), an exceptional event does not include (i) stagnation 
of air masses or meteorological inversions; (ii) a meteorological 
event involving high temperatures or lack of precipitation; or (iii) 
air pollution relating to source noncompliance.
    \7\ 72 FR 13560, March 22, 2007.
    \8\ 81 FR 68216 (October 3, 2016). We refer herein to the 2016 
revision as the ``Exceptional Events Rule.''
    \9\ 40 CFR 50.14(b)(4).
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The Oakridge NAA Exceptional Event Demonstrations and Concurrences
    The CAA allows for the exclusion of air quality monitoring data 
from design value calculations when there are NAAQS exceedances caused 
by events, such as wildfires, that meet the criteria for an exceptional 
event identified in EPA's Exceptional Events Rule at 40 CFR 50.1, 50.14 
and 51.930. For the purposes of this proposed action, on July 22, 2021, 
ODEQ submitted an exceptional events demonstration to show that 
PM2.5 concentrations recorded at the Oakridge Willamette 
Center monitor from September 11, 2020 through September 16, 2020 were 
influenced by wildfires. EPA concurred on this request on April 1, 
2022.
    EPA found that Oregon's demonstration met the Exceptional Events 
Rule criteria and determined that these wildfire events had regulatory 
significance for purposes of calculating the area's most recent design 
value to demonstrate the area continues to attain the standard in order 
to redesignate the area to attainment for the PM2.5 NAAQS. 
As such, EPA proposes to take final regulatory action on the concurred 
dates, as detailed in the docket, as exceptional events to be removed 
from the data set used for regulatory purposes. For this proposed 
action, EPA will rely on the calculated values that exclude the event-
influenced data for the purpose of demonstrating continued attainment 
of the 2006 PM2.5 NAAQS. Further details on Oregon's 
analyses and EPA's concurrences can be found in the docket for this 
regulatory action.
    While EPA may agree with Oregon's request to exclude event-
influenced air quality monitoring data from regulatory decisions, these 
regulatory actions require EPA to provide an opportunity for public 
comment on the claimed exceptional events and all supporting data prior 
to EPA taking final agency action. This proposed action provides the 
public with an opportunity to comment on the claimed exceptional 
events, all supporting documents and EPA's proposed concurrence with 
Oregon's request.
Evaluation of Continued Attainment
    As previously noted, on February 8, 2018, EPA finalized a 
Determination of Attainment for the Oakridge NAA based upon quality-
assured and certified ambient air quality monitoring data for the 2014-
2016 design value period (83 FR 5537). The monitoring data used as the 
basis for the Determination of Attainment under CAA section 188(b)(2) 
is provided in Table 1 of this document.

                                                Table 1--Oakridge Area PM2.5 2016 Attaining Design Value
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                                                                                            98th percentile value ([micro]g/m\3\)
                              Monitor                                  AQS site ID   ---------------------------------------------------    2014-2016
                                                                                            2014             2015             2016         design value
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Willamette Center..................................................       410392013             41.1             28.9             21.7               31
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    For this proposed action, EPA reviewed the subsequent 
PM2.5 ambient air monitoring data in the Oakridge area for 
the monitoring design value periods of 2017-2020. Consistent with the 
requirements at 40 CFR part 50, this ambient monitoring data in EPA's 
AQS has been quality-assured, quality-controlled and certified by ODEQ. 
As Table 2 indicates, the Oakridge NAA has continued to attain the 2006 
24-hour PM2.5 NAAQS since EPA issued its

[[Page 26713]]

February 8, 2018, Determination of Attainment for the area based on the 
2016 attaining design value shown in Table 1 of this document.

                                                 Table 2--Oakridge Area PM2.5 Design Values (2017-2020)
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                                                                98th percentile values ([micro]g/m\3\)            2017-2020 design values \a\ ([micro]g/
                                                     ------------------------------------------------------------                  m\3\)
                       Monitor                                                                                   ---------------------------------------
                                                        2015      2016      2017      2018      2019      2020      2017      2018      2019      2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Willamette Center...................................     28.9      21.7      35.7      33.2      36.7      32.2        29        30        35        34
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\a\ EPA concurred on the removal of exceptional events data for 2017 in a letter dated 5/21/2020 and exceptional events data for 2020 in a letter dated
  4/01/2022. The specified data was excluded from AQS.

    EPA's review of the monitoring data supports the previous 
determination that the area has attained the standard and therefore EPA 
finds it is appropriate to conclude the area has continued to attain 
the NAAQS through 2020, based on uninterrupted attaining design values 
at the Willamette Center monitor.

B. Applicable Requirements Under Section 110 and Part D of the CAA

    Section 107(d)(3)(E)(ii) and (v) of the CAA states that for an area 
to be redesignated to attainment, it must be determined that the 
Administrator has fully approved the applicable implementation plan for 
the area under CAA section 110(k) and all the requirements applicable 
to the Area under section 110 of the CAA (general SIP requirements) and 
part D of Title I of the CAA (SIP requirements for nonattainment areas) 
must be met. We interpret this to mean that, for a redesignation 
request to be approved, the state must have met all requirements that 
applied to the subject area prior to, or at the time of, submitting a 
complete redesignation request. EPA may rely on prior SIP approvals in 
approving a redesignation request \10\ as well as any additional 
measure it may approve in conjunction with a redesignation action.
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    \10\ Calcagni Memo, 3; Wall v. EPA, 265 F.3d 426, 438 (6th Cir. 
2001); and Southwestern Pennsylvania Growth Alliance v. Browner, 144 
F.3d 984, 989-990 (6th Cir. 1998).
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1. CAA Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general 
requirements for a SIP, which include enforceable emissions limitations 
and other control measures, means or techniques, provisions for the 
establishment and operation of appropriate devices necessary to collect 
data on ambient air quality, and programs to enforce the limitations. 
The general SIP elements and requirements set forth in CAA section 
110(a)(2) include, but are not limited to the following:
     Submittal of a SIP that has been adopted by the state 
after reasonable public notice and hearing;
     Provisions for establishment and operation of appropriate 
procedures needed to monitor ambient air quality;
     Implementation of a source permit program; provisions for 
the implementation of part C requirements (PSD);
     Provisions for the implementation of part D requirements 
for NSR permit programs;
     Provisions for air pollution modeling; and
     Provisions for public and local agency participation in 
planning and emission control rule development.\11\
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    \11\ See the General Preamble for further explanation of these 
requirements. 57 FR 13498 (April 16, 1992).
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    We note that SIPs must be fully approved only with respect to 
applicable requirements for purposes of redesignation in accordance 
with section 107(d)(3)(E)(ii). Similarly, EPA believes that the other 
CAA section 110(a)(2) (and part D) requirements that are not connected 
with nonattainment plan submittals and not linked with an area's 
attainment status are not applicable requirements for purposes of 
redesignation because the area will still be subject to these 
requirements after it is redesignated. EPA considers the CAA section 
110(a)(2) (and part D) requirements that relate to a particular 
nonattainment area's designation and classification as the relevant 
measures to evaluate in reviewing a redesignation request. This 
approach is consistent with EPA's existing policy on applicability of 
the conformity SIP requirement for redesignations.\12\
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    \12\ See 75 FR 36023, 36026 (June 24, 2010) and citations 
within.
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    EPA has reviewed the Oregon SIP and concludes that it meets the 
general SIP requirements under Section 110(a)(2) of the CAA to the 
extent they are applicable for the purposes of redesignation.\13\ EPA 
has previously approved provisions of Oregon's SIP as demonstrating 
compliance with the CAA section 110(a)(2) requirements for the 2006 
PM2.5 NAAQS (78 FR 46514, August 1, 2013, and 80 FR 2313, 
January 15, 2015). These requirements are, however, statewide 
requirements that are not linked to the PM2.5 nonattainment 
status of the Oakridge NAA. In addition, there are no outstanding or 
disapproved applicable SIP submittals with respect to the Oakridge 
portion of the SIP that would prevent redesignation of the Oakridge NAA 
for the PM2.5 NAAQS. Therefore, we conclude that ODEQ and 
LRAPA have met all general SIP requirements for the Oakridge NAA that 
are applicable for purposes of redesignating the area to attainment of 
the PM2.5.
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    \13\ The LRAPA portion of the federally-approved Oregon SIP can 
be viewed at https://www.epa.gov/sips-or/epa-approved-regulations-oregon-sip.
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2. Part D of Title I Requirements
    Part D of Title I of the CAA sets forth the basic nonattainment 
plan requirements applicable to all nonattainment areas at subpart 1 
(CAA sections 172-176) and requirements specific to PM10 and 
PM2.5 areas at subpart 4 (CAA section 189). On August 24, 
2016, EPA promulgated the Fine Particulate Matter National Ambient Air 
Quality Standards; State Implementation Plan Requirements rule.\14\ 
This rule implements the requirements of part D of Title I of the CAA 
for areas designated nonattainment for any PM2.5 NAAQS.
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    \14\ See 81 FR 58010 (August 24, 2016). Codified at 40 CFR part 
51, subpart Z.
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    In accordance with 40 CFR 51.1015, upon a determination by EPA that 
a Moderate PM2.5 nonattainment area has attained the 
PM2.5 NAAQS, the requirements for the state to submit an 
attainment demonstration, provisions demonstrating that RACM (including 
RACT for stationary sources) shall be implemented no later than 4 years 
following the date of designation of the area, Reasonable Further 
Progress (RFP) plan, quantitative milestones (QM) and reports, and 
contingency measures for the area shall be suspended until such time 
as: (1) The area is redesignated to attainment, after which such 
requirements are permanently discharged; or, (2) EPA determines that 
the area has re-violated the PM2.5 NAAQS.
    Those states containing Moderate PM2.5 NAAs were 
required to submit a

[[Page 26714]]

SIP by December 31, 2014, which demonstrated attainment of the 
PM2.5 NAAQS by December 31, 2015.\15\ Pursuant to CAA 
section 188(d) and 40 CFR 51.1005(a), on July 18, 2016, EPA extended 
the attainment date for the Oakridge NAA from December 31, 2015 to 
December 31, 2016 (81 FR 46612). As stated in the ``Background'' 
section of this document, EPA has approved all attainment plan elements 
for the Oakridge NAA. Specifically, EPA approved the following elements 
of the Oakridge attainment plan: Base year emissions inventory (October 
21, 2016, 81 FR 72714); control measures, RACM/RACT level emission 
controls, attainment demonstration, contingency measures, RFP plan, QM 
and MVEB (February 8, 2018, 83 FR 5537); and nonattainment NSR (October 
5, 2018, 83 FR 50274). In addition, Pursuant to 40 CFR 51.1015(a), on 
February 8, 2018, EPA determined that the Oakridge NAA achieved a Clean 
Data Determination (CDD) in accordance with EPA's clean data policy and 
that the Oakridge area attained the 2006 24-hour PM2.5 NAAQS 
by the December 31, 2016, attainment date (83 FR 5537).
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    \15\ See Section 188(c)(1) of the CAA, 42 U.S.C. 7513(c)(1), and 
40 CFR 51.1004(a)(1). See also Identification of Nonattainment 
Classification and Deadlines for Submission of State Implementation 
Plan (SIP) Provisions for the 1997 Fine Particle (PM2.5) 
National Ambient Air Quality Standard (NAAQS) and 2006 
PM2.5 NAAQS (June 2, 2014), 79 FR 31566, 31567-68.
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    Determinations of attainment do not relieve states from submitting 
and EPA from approving certain part D planning requirements for the 
2006 PM2.5 NAAQS. CAA section 172(c)(3) requires submittals 
and approval of a comprehensive, accurate and current inventory of 
actual emissions. For purposes of the PM2.5 NAAQS, this 
emissions inventory should address not only direct emissions of 
PM2.5, but also emissions of all precursors to 
PM2.5 formation, i.e., SO2, NOX, VOC, 
and ammonia. As previously discussed, EPA determined that Oregon met 
the CAA section 172(c)(3) comprehensive emissions inventory requirement 
in a final rulemaking on October 21, 2016 (81 FR 72714).
    CAA section 172(c)(4) requires the identification and 
quantification of allowable emissions for major new or modified 
stationary sources in an area, and CAA section 172(c)(5) requires 
source permits for the construction and operation of new or modified 
major stationary sources anywhere in the nonattainment area. EPA first 
approved the requirements of the part D, subpart 1 NSR permit program 
for LRAPA on December 27, 2011 (76 FR 80747, 80748). Subsequently, 
LRAPA revised its rules to meet additional part D, subpart 4 NSR 
requirements promulgated by EPA (81 FR 58010, August 24, 2016) and to 
align with the ODEQ's rules.\16\ EPA approved LRAPA's rules on October 
5, 2018 (83 FR 50274).
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    \16\ See 40 CFR 51.160, 51.161, 51.165, and 51.166. See also 
EPA's proposed approval of Oregon nonattainment NSR program (March 
22, 2017, 82 FR 14654, 14663) and EPA's final approval (October 11, 
2017, 82 FR 47122).
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    Once the Oakridge NAA is redesignated to attainment, the prevention 
of significant deterioration (PSD) requirements of part C of the CAA 
will apply. LRAPA's PSD regulations are codified in LRAPA's rules at 
Title 38 (New Source Review) in conjunction with other provisions 
including but not limited to LRAPA's rules in Titles 12, 31, 34, 35, 
40, 42, and 50. We most recently approved revisions to LRAPA's PSD 
program on October 5, 2018 (83 FR 50274). EPA finds that LRAPA's PSD 
provisions meet all applicable Federal requirements for any area 
designated unclassifiable or attainment, and these provisions will 
become fully effective in the Oakridge NAA upon redesignation of the 
area to attainment.
    CAA section 172(c)(7) requires the SIP to meet the applicable 
provisions of CAA section 110(a)(2). As noted above, we find that the 
Oregon SIP meets the CAA section 110(a)(2) applicable requirements. For 
purposes of redesignation to attainment for the 2006 24-hour 
PM2.5 NAAQS, EPA proposes to find that LRAPA has met all the 
applicable SIP requirements under part D of Title I of the CAA in 
accordance with section 107(d)(3)(E)(v) of the CAA.
3. Fully Approved SIP Under CAA Section 110(k)
    Section 110(k) of the CAA sets out provisions governing EPA's 
review of SIP submittals. In order for an area to qualify for 
redesignation, the SIP for the area must be fully approved under 
section 110(k) of the CAA. As discussed in Sections III.B.1 and III.B.2 
of this document, for purposes of redesignation to attainment for the 
2006 24-hour PM2.5 NAAQS, EPA has fully approved all 
applicable requirements of Oregon's SIP for the Oakridge area in 
accordance with CAA section 110(k). Therefore, the criterion for 
redesignation, set forth at CAA section 107(d)(3)(E)(ii), is satisfied.

C. Improvement in Air Quality Due to Permanent and Enforceable Measures

    Section 107(d)(3)(E)(iii) of the CAA provides that for an area to 
be redesignated to attainment, the Administrator must determine that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
implementation plan, implementation of applicable Federal air pollutant 
control regulations, and other permanent and enforceable reductions.
    The main source of PM2.5 emissions in the Oakridge NAA 
during the winter season days--when concentrations of emissions 
accumulate leading to exceedances of the 2006 24-hour PM2.5 
NAAQS--is wood combustion in woodstoves, fireplaces and pellet stoves. 
Therefore, LRAPA identified strategies in the 2017 Oakridge Update that 
focused primarily on residential wood combustion (RWC) emission 
reductions such as Oakridge's mandatory curtailment program and the 
woodstove change-out programs. EPA approved these control measures as 
RACM into the Oregon SIP on February 8, 2018 (83 FR 5537), making them 
federally enforceable.
    The 2017 Oakridge Update includes specific sections of the City of 
Oakridge's RWC Ordinance 920 (RWC Ordinance) as it applies within the 
City of Oakridge. The SIP-approved provisions of the RWC Ordinance 
include a mandatory curtailment program, which has been important in 
helping this area reach attainment of the NAAQS. Modeling showed that 
the curtailment program would result in a calculated PM2.5 
emissions reduction of 7.1 [micro]g/m\3\ in the Oakridge NAA, the 
largest of all the control measures included in the plan.
    The provisions of the RWC Ordinance that EPA approved into the SIP 
also prohibit the burning of any fuel other than ``seasoned wood,'' 
which is defined as any species of wood that has been sufficiently 
dried to contain 20 percent or less moisture by weight. EPA also 
approved into the SIP provisions of the RWC Ordinance that specifically 
prohibit the burning of specified materials such as plastic, rubber 
products, petroleum-treated materials and other materials which 
normally emit dense smoke, noxious odors, or hazardous air contaminants 
in a solid fuel burning device.
    LRAPA also quantified the emission reduction benefits from 
woodstove change-outs that were conducted between 2009 and 2012, 
replacing 90 uncertified woodstoves in the Oakridge NAA. These 
woodstove change-out programs achieved permanent and enforceable 
emissions reductions because the higher-emitting woodstoves were 
removed and required to be destroyed. In addition, the Oregon Heat 
Smart Program, a statewide mandate approved by EPA on October 11, 2017

[[Page 26715]]

(82 FR 47122), and the RWC Ordinance prohibit the installation of non-
EPA certified devices and ban the sale or installation of non-EPA 
certified devices in new or existing buildings. The collective 
permanent and enforceable PM2.5 reductions for these 
changeout programs in the Oakridge NAA were calculated to be 2.6 
[micro]g/m\3\.
    LRAPA also referenced Federal transportation and fuel-related 
control measures to reduce mobile source emissions, including the 
``Tier 3 Motor Vehicle Emission and Fuel Standards Rule'' as permanent 
and enforceable reductions leading to improvement in air quality (1.3 
[micro]g/m\3\ reduction on a worst-case winter day) and ultimately to 
attainment, in the Oakridge NAA. See 79 FR 23414 (April 28, 2014).
    The RWC Ordinance 920--Section Two(3) was initially submitted in 
the 2017 Oakridge Update, but was ultimately not approved as part of 
the 2017 Oakridge Update. The RWC Ordinance 920--Section Two(3) was 
later resubmitted as part of the Oakridge PM2.5 maintenance 
plan. The Lane County Code--Restriction on Use of Solid Fuel Space 
Heating Devices (9.120-9.140) (Lane County Code) is also included in 
the Oakridge PM2.5 maintenance plan submittal and applies 
more broadly to the Oakridge Urban Growth Boundary. Both establish 
additional permanent and enforceable control measures on residential 
heating devices for the purpose of ensuring continued attainment in the 
Oakridge NAA. The Lane County Code, like the previously approved 
provisions of the RWC Ordinance, includes a curtailment program in the 
Oakridge urban growth boundary, prohibiting the burning of any fuel 
other than seasoned wood and other specified prohibited materials in 
solid-fuel heating devices. These restrictions on materials that may be 
burned limit PM2.5 emissions from woodstoves and fireplaces 
on a continuous basis.
    Section Two(3) of the RWC Ordinance, which EPA did not act on as 
part of the 2017 Oakridge Update, prohibits emissions from solid-fuel 
heating devices with an opacity greater than 20%. The Lane County Code, 
included in the Oakridge PM2.5 maintenance plan submittal, 
also includes this restriction. These 20% opacity limits provide a 
visual indicator for the proper operation of a solid-fuel heating 
device, including the use of properly seasoned wood. The opacity limits 
apply at all times under each rule, except during a ten-minute startup 
period in any 4-hour period. During these startup periods, however, 
solid-fuel heating devices are subject to other restrictions, namely a 
fuel-content restriction that limits the moisture content of burned 
wood and restrictions on the type of fuel burned, such as a prohibition 
on burning any material that normally emits dense smoke, noxious odors, 
or hazardous air pollutants. EPA also notes that the current, 
federally-approved SIP includes no opacity limit for residential wood 
burning, meaning that approval of this provision will result in a net 
air quality benefit over the status quo.
    EPA has longstanding guidance that provides recommendations to 
states concerning the development of alternative emission limitations 
applicable during startup and shutdown. In a June 12, 2015, Federal 
Register notice (80 FR 33840) (the ``2015 SSM policy''), EPA 
recommended States consider seven criteria when developing alternative 
emission limitations to replace automatic or discretionary exemptions 
from otherwise applicable SIP requirements. These recommended criteria 
assure the alternative emission limitations meet basic CAA 
requirements.
    As discussed above, although the 20% opacity limit does not apply 
during short periods of startup and refueling, owners and operators of 
solid-fuel heating devices are subject to alternative fuel-content 
limitations during these periods. EPA evaluated whether these 
alternative requirements are consistent with the Agency's 2015 SSM 
policy, including the seven criteria recommended therein. For the 
reasons explained below, EPA finds that the opacity limit and other 
restrictions on fuel are consistent with the recommended criteria set 
forth in that policy and proposes to approve these provisions into the 
Oregon SIP as part of this action.
    First, the opacity limit for residential woodstoves and similar 
devices and the alternative restrictions on fuel content--which are 
codified in both the Lane County Code, Section 9.135, and Oakridge 
Ordinance No. 920, Section Two(3)--apply to a narrow subset of source 
categories: Solid-fuel heating devices. Second, application of the 20% 
opacity limit to startup and refueling periods would be technically 
infeasible because lower temperatures during these periods result in 
less complete combustion and, therefore, higher opacity. Third, for 
this source category, EPA believes the startup period is minimized to 
the greatest extent practicable. The startup period is limited to just 
ten minutes in every 4-hour period to account for starting the solid 
fuel burning device and refueling. This ten minute period represents 
the minimum time necessary to adequately start a fire in a solid fuel 
burning device. Furthermore, the startup period is limited to once 
every four hours, which reasonably reflects the amount of time before a 
residential fire needs additional fuel.
    With respect to the fourth factor, EPA believes that LRAPA's 
proposed control strategy, specifically the episodic curtailment 
program, would effectively prohibit the use of solid fuel burning 
devices at most locations \17\--and thus largely prohibit use of the 
startup exemption--during worst-case air quality scenarios.
---------------------------------------------------------------------------

    \17\ Exemptions from the use of woodstoves and similar devices 
during curtailment periods are available on an annual basis if the 
woodstove or similar device is the sole source of heat in the 
residence and/or due to economic need based on specified criteria.
---------------------------------------------------------------------------

    Fifth, the limits on fuel content and type are designed to ensure 
that all possible steps are taken to minimize the impact of emissions 
during the startup period. With respect to this factor, EPA also notes 
that the emission source at issue here is subject to curtailment 
requirements during periods of high PM2.5 ambient air 
concentration, which would further minimize potential air quality 
impacts from reliance on the alternative emission limits when the 
opacity limit does not apply.
    Similarly, EPA believes the sixth factor--that the alternative 
emission limit requires operation of the facility in a manner 
consistent with good practices for minimizing emissions and best-
efforts regarding planning, design, and operating procedures--supports 
approval of the State's chosen control strategy. As noted above, limits 
on fuel content and type used in conjunction with emission curtailment 
during air quality episodes represent the best practices available in 
this context.
    With respect to the last criterion for alternative emission limits, 
Oregon has not included a requirement that affected sources document 
startup periods using properly signed, contemporaneous logs or other 
evidence. Given that the rule at issue here generally applies to 
individual homeowners, rather than industrial sources accustomed to 
complying with such recordkeeping requirements, EPA believes a 
recordkeeping requirement would impose an unreasonable burden on both 
regulators implementing the rule and the regulated community, with 
virtually no enforcement benefit justifying the burden.
    For all of these reasons, EPA proposes to approve (and incorporate 
by reference) the Oakridge RWC Ordinance 920--Section Two(3) and the 
Lane

[[Page 26716]]

County Code as they apply to the Oakridge area because they are 
permanent and enforceable SIP-strengthening measures that contribute to 
continued maintenance of the 2006 PM2.5 24-hour NAAQS. Both 
provisions include limits on emissions that apply during all modes of 
source operation and impose continuous emission controls on solid-fuel 
heating devices consistent with the requirements of the CAA applicable 
to SIP provisions. In addition, they support the maintenance and 
continued attainment of the PM2.5 NAAQS in the Oakridge 
area.
    Based on the foregoing evaluation of the Oakridge PM2.5 
control measures, EPA proposes to determine that the improvement in air 
quality is reasonably attributable to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
implementation plan, implementation of applicable Federal air pollutant 
control regulations, and other permanent and enforceable reductions.

D. Fully Approved Maintenance Plan

    CAA section 107(d)(3)(E)(iv) requires that, for a nonattainment 
area to be redesignated to attainment, EPA must fully approve a 
maintenance plan for the area as meeting the requirements of CAA 
section 175A. The maintenance plan must demonstrate continued 
attainment of the relevant NAAQS in the area for at least 10 years 
after our approval of the redesignation. Eight years after 
redesignation, the state must submit a revised maintenance plan 
demonstrating attainment for the 10 years following the initial 10-year 
period. The maintenance plan must also contain a contingency plan to 
ensure prompt correction of any violation of the NAAQS that occurs 
after redesignation of the area. See CAA sections 175A(a), (b) and (d). 
The Calcagni Memo provides additional guidance on the content of a 
maintenance plan, stating that a maintenance plan should include the 
following elements: (1) An attainment emissions inventory; (2) a 
maintenance demonstration showing attainment for 10 years following 
redesignation; (3) a commitment to maintain and operate an appropriate 
air quality monitoring network; (4) verification of continued 
attainment; and (5) a contingency plan to prevent or correct future 
violations of the NAAQS. In this proposed action, EPA will review 
requirements (3) and (4) together as part of our evaluation of LRAPA's 
maintenance plan for the Oakridge area.
    In conjunction with Oregon's request to redesignate the Oakridge 
area to attainment, Oregon submitted a SIP revision to provide for 
maintenance of the 2006 24-hour PM2.5 NAAQS through 2035. 
EPA proposes to approve LRAPA's PM2.5 maintenance plan for 
the Oakridge area. The following paragraphs describe how each of the 
maintenance plan elements are addressed in the maintenance plan.
1. Attainment Inventory
    As discussed in the CAA General Preamble (See 57 FR 13498, April 
16, 1992) and the Calcagni Memo, PM2.5 maintenance plans 
should include an attainment emission inventory to identify the level 
of emissions in the area, which are sufficient to maintain the NAAQS. 
The maintenance plan attainment inventory should be consistent with 
EPA's emissions inventory requirements and most recent guidance on 
emission inventories for nonattainment areas available at the time and 
should represent emissions during the time period associated with the 
monitoring data showing attainment.\18\ The inventory must also be 
comprehensive, including emissions from stationary point sources, area 
sources, mobile sources, and must be based on actual emissions during 
the appropriate season, if applicable.
---------------------------------------------------------------------------

    \18\ See Calcagni Memo at 8.
---------------------------------------------------------------------------

    The EPA-approved 2017 Oakridge Update included projected 2015 
PM2.5 attainment year emission inventories for the Oakridge 
NAA. Oregon's January 13, 2022, Oakridge PM2.5 maintenance 
plan submittal provided a revised and updated 2015 attainment year 
inventory of actual emissions. The year 2015 is one of the years during 
the time period where the Oakridge area first monitored attainment of 
the 24-hour PM2.5 NAAQS (See section III.A of this 
document).\19\ The 2015 maintenance plan attainment year emission 
inventory is based on emission reduction strategies that were 
implemented as of 2015.
---------------------------------------------------------------------------

    \19\ 83 FR 5537, February 8, 2018.
---------------------------------------------------------------------------

    The 2015 maintenance plan attainment year inventory includes 
emissions of PM2.5, nitrogen oxides (NOX), sulfur 
dioxide (SO2), ammonia (NH3) and volatile organic 
compounds (VOCs). The 2015 attainment levels of point, area, on-road 
mobile and nonroad mobile source emissions are summarized in Tables 3 
and 4, along with future year projected emissions for a ``horizon 
year'' (a future year at least 10 years from the approval date of the 
maintenance plan) of 2035, and two interim years of 2025 and 2030.
    Oregon developed the attainment inventory based on the methods and 
assumptions presented in detail in Appendix II of the Oakridge 
PM2.5 maintenance plan (``Emision Inventory for 2015 Base 
Year''). The attainment year inventory is based on typical season and 
worst-case day (episodic) emissions. The typical season day emissions 
represent an average daily emission value occurring from November 1 
through the end of February. This four-month time period is considered 
to be the particulate matter season and is when the PM2.5 
standard has historically been exceeded. The worst-case day emissions 
represent a day during the PM season when emissions generating activity 
is at its highest due to meteorological factors like temperature. 
However, residential woodburning and other area source emissions on 
worst-case days are lower than on typical season days in the inventory 
due to woodburning curtailments and outdoor burning bans. This approach 
is consistent with the PM2.5 SIP Requirements Rule in which 
EPA stated that an episodic period, developed in order to reflect 
periods of higher emissions during periods of high ambient 
PM2.5 can help, in some situations, to ensure the area's 
inventory reflects the emissions conditions that led to the 
nonattainment designation for the area (81 FR 58010, 58030, August 24, 
2016).
    RWC emissions from certified and non-certified woodstoves, 
fireplaces and pellet stoves continue to be the major source of 
PM2.5 emissions on both typical season days and worst-case 
winter days contributing to exceedances of the NAAQS.

[[Page 26717]]

                         Table 3--Oakridge PM2.5 Maintenance Plan Emissions Inventories
                                               [In pounds per day]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Difference
                Source category                      2015         2025         2030         2035      from 2015
                                                  attainment    interim      interim    maintenance    and 2035
----------------------------------------------------------------------------------------------------------------
                                              PM Typical Season Day
----------------------------------------------------------------------------------------------------------------
Point..........................................          0.0          0.5          0.5          0.5          0.5
Area...........................................        444.8        364.1        364.0        363.5        -81.3
Onroad.........................................         34.4         23.0         22.1         22.1        -12.3
Nonroad........................................          2.7          2.7          2.7          2.7          0.0
                                                ----------------------------------------------------------------
    Total......................................        481.9        389.8        389.3        388.8        -93.1
----------------------------------------------------------------------------------------------------------------
                                                PM Worst-Case Day
----------------------------------------------------------------------------------------------------------------
Point..........................................          0.0          0.8          0.8          0.8          0.8
Area...........................................        334.5        250.9        233.8        216.5         -118
Onroad.........................................         41.4         26.6         26.6         24.7        -16.7
Nonroad........................................          2.7          2.7          2.7          2.7            0
                                                ----------------------------------------------------------------
    Total......................................        378.6        281.0        263.9        244.7       -133.9
----------------------------------------------------------------------------------------------------------------

    Secondary particulate is a very minor contributor to the Oakridge 
PM2.5 air pollution concentrations on both typical season 
days and worst-case winder days as summarized in Appendix II of the 
Oakridge PM2.5 maintenance plan. Historical speciated 
PM2.5 filter analyses indicate that concentrations of all 
the precursors groups (NOX, SO2, NH3 
and VOCs) were determined to be below insignificant thresholds (less 
than 1.3 [micro]g/m\3\). The precursor emission shown in Table 4 are 
projected to decrease between 2015 and 2035, indicating that precursor 
emissions will continue to be below insignificant threshold 
contributions to PM2.5 in the future.

                    Table 4--Oakridge PM2.5 Maintenance Plan Precursor Emissions Inventories
                                               [In pounds per day]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Difference
         Source category               2015        2025 interim    2030 interim        2035       from 2015  and
                                    attainment                                      maintenance        2035
----------------------------------------------------------------------------------------------------------------
                                              NO Typical Season Day
----------------------------------------------------------------------------------------------------------------
Point...........................             0.0             5.1             5.1             5.1             5.1
Area............................            55.5            48.5            48.5            48.5            -7.0
Onroad..........................           613.6           171.2           103.2            87.8          -525.8
Nonroad.........................             0.1             0.1             0.1             0.1             0.0
                                 -------------------------------------------------------------------------------
    Total.......................           669.2           224.9           156.9           141.5          -527.7
----------------------------------------------------------------------------------------------------------------
                                                NO Worst-Case Day
----------------------------------------------------------------------------------------------------------------
Point...........................             0.0             8.7             8.7             8.7             8.7
Area............................            42.1            33.9            34.9            32.9            -9.2
Onroad..........................           711.3           193.1           127.9           108.8          -602.5
Nonroad.........................             0.1             0.1             0.1             0.1             0.0
                                 -------------------------------------------------------------------------------
    Total.......................           753.5           235.8           171.6           150.5          -603.0
----------------------------------------------------------------------------------------------------------------
                                              SO Typical Season Day
----------------------------------------------------------------------------------------------------------------
Point...........................             0.0             0.0             0.0             0.0             0.0
Area............................            11.2            10.3            10.3            10.3            -0.9
Onroad..........................             2.4             1.1             1.0             1.0            -1.4
Nonroad.........................             0.1             0.1             0.1             0.1             0.0
                                 -------------------------------------------------------------------------------
    Total.......................            13.7            11.5            11.4            11.4            -2.3
----------------------------------------------------------------------------------------------------------------
                                                SO Worst-Case Day
----------------------------------------------------------------------------------------------------------------
Point...........................             0.0             0.0             0.0             0.0             0.0
Area............................             7.0             5.9             5.6             5.2            -1.8
Onroad..........................             2.9             1.4             1.2             1.2            -1.7
Nonroad.........................             0.1             0.1             0.1             0.1             0.0
                                 -------------------------------------------------------------------------------

[[Page 26718]]

 
    Total.......................            10.0             7.4             6.9             6.5            -3.5
----------------------------------------------------------------------------------------------------------------
                                             VOC Typical Season Day
----------------------------------------------------------------------------------------------------------------
Point...........................             0.0             0.4             0.4             0.4             0.4
Area............................           507.0           349.3           346.0           341.7          -165.3
Onroad..........................           522.7           173.7            15.7            13.2          -509.5
Nonroad.........................             5.2             5.1             5.1             5.1            -0.1
                                 -------------------------------------------------------------------------------
    Total.......................         1,034.9           528.5           367.2           360.4          -674.5
----------------------------------------------------------------------------------------------------------------
                                               VOC Worst-Case Day
----------------------------------------------------------------------------------------------------------------
Point...........................             0.0             0.8             0.8             0.8             0.8
Area............................           321.2           179.3           165.1           150.5          -170.7
Onroad..........................           543.2           183.2            18.8            15.9          -527.3
Nonroad.........................             5.2             5.1             5.1             5.1            -0.1
                                 -------------------------------------------------------------------------------
    Total.......................           869.6           368.4           189.8           172.3          -697.3
----------------------------------------------------------------------------------------------------------------
                                              NH Typical Season Day
----------------------------------------------------------------------------------------------------------------
Point...........................             0.0             0.0             0.0             0.0             0.0
Area............................            30.0            25.4            25.4            25.4            -4.6
Onroad..........................             9.7             7.4             4.4             4.3            -5.4
Nonroad.........................             0.1             0.1             0.1             0.1             0.0
                                 -------------------------------------------------------------------------------
    Total.......................            39.8            32.9            29.9            29.8           -10.0
----------------------------------------------------------------------------------------------------------------
                                                NH Worst-Case Day
----------------------------------------------------------------------------------------------------------------
Point...........................             0.0             0.0             0.0             0.0             0.0
Area............................            18.2            13.5            12.6            11.8            -6.4
Onroad..........................            12.0             9.1             5.4             5.3            -6.7
Nonroad.........................             0.1             0.1             0.1             0.1             0.0
                                 -------------------------------------------------------------------------------
    Total.......................            30.3            22.7            18.1            17.2           -13.1
----------------------------------------------------------------------------------------------------------------

    In addition to the precursor assessment, LRAPA assessed the 
condensable and filterable fractions of the PM2.5 emission 
inventory. Since condensable and filterable emissions currently are not 
required to be reported for the mobile source and the residential wood 
combustion portion of the inventory and EPA's best tools to date do not 
have a declarative answer for the condensable emissions portion for 
these sources, there was no information to report. In addition, 
condensable and filterable information for the other source categories 
were similarly either unavailable or not applicable. Based on available 
data sources, therefore, the condensible portion of PM2.5 
was reported as zero in the 2015 emissions inventory and the projected 
inventories do not include separately reported filterable and 
condensable components of direct PM2.5 emissions.
    EPA has reviewed the results, procedures, and methodologies for the 
Oakridge area 2015 attainment emissions inventories and proposes to 
find that they are based on the most current and accurate information 
available to LRAPA at the time they were developed. Based on our review 
of the emissions inventories Oregon provided in its January 13, 2022 
submittal, we propose to find that LRAPA prepared an adequate 
attainment inventory for the Oakridge area.\20\
---------------------------------------------------------------------------

    \20\ See ``Emissions Inventory Guidance for Implementation of 
Ozone and Particulate Matter National Ambient Air Quality Standards 
(NAAQS) and Regional Haze Regulations,'' May 2017, available at 
https://www.epa.gov/sites/default/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf.
---------------------------------------------------------------------------

2. Maintenance Demonstration
    CAA section 175A requires a state seeking redesignation to 
attainment to submit a SIP revision to provide for maintenance of the 
NAAQS in the area ``for at least 10 years after the redesignation.'' A 
state can make this demonstration by either showing that future 
emissions of a pollutant or its precursors will not exceed the level of 
the attainment inventory, or by modeling to show that the future mix of 
sources and emissions rates will not cause a violation of the 
NAAQS.\21\
---------------------------------------------------------------------------

    \21\ See Calcagni Memo, pages 9-10.
---------------------------------------------------------------------------

    In its maintenance demonstration for the Oakridge area, LRAPA 
elected to demonstrate maintenance of the 2006 PM2.5 NAAQS 
for at least 10 years following redesignation using the attainment 
inventory method. LRAPA developed projected inventories, provided in 
Tables 3 and 4 of this document, to show that the Oakridge area will 
remain in attainment through the year 2035. These projected 
inventories, covering interim years 2025 and 2030 and a horizon year of 
2035, show that future emissions of direct PM2.5 throughout 
the nonattainment area will remain at or below the 2015 attainment-
level emissions for the 2006 24-hour PM2.5 NAAQS.
    The projected emissions inventories in the Oakridge 
PM2.5 maintenance plan

[[Page 26719]]

address four major source categories: Point, area, onroad mobile and 
nonroad mobile. Oregon estimated future year emission inventories using 
the latest socioeconomic growth indictors and applying emissions 
reduction benefits from adopted control strategies when appropriate. A 
detailed description of the 2015 base year inventory and the 2025, 2030 
and 2035 projected inventories can be found in Appendix III of LRAPA's 
January 13, 2022, PM2.5 maintenance plan submittal, which is 
in the docket for this action.
    As discussed in the Oakridge PM2.5 maintenance plan, 
direct PM2.5 emissions estimates for stationary point 
sources reflect actual emissions for both industrial point sources in 
Oakridge. The Oakridge Sand & Gravel ready-mix concrete plant and rock 
crusher did not operate in Oakridge in 2015, resulting in actual 2015 
emissions that were zero. In addition, the ready-mix concrete plant air 
discharge permit was terminated on January 24, 2014, resulting in zero 
emissions in the 2015 and projected year emission inventories. Future 
year emissions were therefore based on the January 2011 
PM2.5 emissions at this source.
    Areawide sources occur over a wide geographic area with the most 
significant emissions resulting from RWC sources such as fireplaces, 
woodstoves and pellet stoves. These residential wood heating devices 
are commonly used to heat homes in Oakridge since natural gas is not 
available in this area. The permanent and enforceable RWC control 
strategies are discussed in Section III.C. of this document. The only 
other area source category with potentially significant emissions is 
outdoor burning, which is banned in Lane County from November-February. 
Emissions for these categories are derived using various surveys, 
PM2.5 emission factors and other methodologies.
    Emissions from on-road mobile sources (exhaust, brake wear and tire 
wear), which include passenger vehicles, buses, and trucks, were 
estimated using MOVES2014a. Traffic growth in Vehicle-Miles Traveled 
(VMT) was based on transportation modeling by the Lane Council of 
Governments (LCOG) and the Oregon Department of Transportation (ODOT). 
LRAPA confirmed re-entrained road dust calculations for both paved and 
unpaved roads using AP-42 protocols. Federal control measures included 
in the MOVES2014a modeling are all Federal measures that affect the 
fleets and fuels used in future years once implemented by EPA.
    The nonroad emissions from railroads were calculated using the EPA 
NONROAD2008a emission protocol. The National Emissions Inventories 
(NEIs) for Lane County indicate a significant decrease in locomotive 
emissions from 2008 to 2014 (40.09 tons/year and 18.26 tons/year, 
respectively). The 2015 PM2.5 railroad emissions have been 
adjusted to reflect the locomotive emission reductions as seen in the 
2014 NEI data. Future year emissions are based on the adjusted 2014 and 
2017 NEI data. All other Oakridge nonroad mobile sources are 
categorized by LRAPA as insignificant during the PM2.5 
winter season.
    EPA has reviewed the documentation provided by Oregon for 
developing the projected 2025, 2030 and 2035 emissions inventories for 
the Oakridge PM2.5 NAA. Based on our review, EPA finds that 
the projected inventories were developed using appropriate procedures, 
comprehensively address all source categories in the Oakridge area, and 
sufficiently account for PM2.5 projected actual emissions. 
These inventories indicate a decrease in PM2.5 and precursor 
emissions throughout the maintenance period, therefore EPA proposes to 
determine that the projected emissions inventories in the maintenance 
plan sufficiently demonstrate that the Oakridge PM2.5 area 
will continue to attain the 2006 24-hour PM2.5 standard 
throughout the maintenance period.
3. Monitoring Network and Verification of Continued Attainment
    Once a nonattainment area has been redesignated to attainment, the 
state must continue to operate an appropriate air quality monitoring 
network, in accordance with 40 CFR part 58, to verify the attainment 
status of the area. The maintenance plan should contain provisions for 
continued operation of air quality monitors that will provide such 
verification.
    In the Oakridge PM2.5 maintenance plan, LRAPA noted that 
it currently operates a regulatory monitor (the Willamette Center since 
1989) in the Oakridge NAA and committed to continue operating a 
regulatory monitoring network through the year 2035 in order to verify 
continued attainment of the PM2.5 NAAQS and track the 
progress of the maintenance plan. LRAPA also stated it will continue 
operation of the PM2.5 monitoring network as outlined in the 
Oregon Annual Ambient Criteria Pollutant Air Monitoring Network Plan 
(ANP) and any modification to the monitoring network will be done in 
consultation with ODEQ and EPA Region 10. ODEQ and LRAPA will work with 
EPA each year through the air monitoring network review process (per 40 
CFR part 58) to determine the adequacy of the monitoring network.\22\
---------------------------------------------------------------------------

    \22\ See EPA's February 22, 2022 approval of Oregon's 2021 
Annual Ambient Criteria Pollutant Air Monitoring Network Plan, in 
the docket for this action.
---------------------------------------------------------------------------

    Oregon remains obligated to continue to quality-assure monitoring 
data and enter all data into AQS in accordance with Federal guidelines. 
LRAPA will review the air monitoring results and design values each 
year to verify continued attainment. LRAPA will determine annually if 
exceptional events influenced the continued attainment of the 2006 24-
hour PM2.5 NAAQS and need to be documented. If needed, ODEQ 
and LRAPA will coordinate and provide exceptional events documentation 
to EPA Region 10 for review.
    EPA proposes to determine that the Oakridge PM2.5 
maintenance plan contains adequate provisions for continued operation 
of an air quality monitoring network and a commitment to annually 
verify continued attainment of the 2006 24-hour PM2.5 NAAQS 
for the Oakridge area.
4. Contingency Plan
    CAA section 175A(d) requires that a maintenance plan also include 
contingency provisions, as necessary, to promptly correct any violation 
of the NAAQS that occurs after redesignation of the area to attainment. 
For the purposes of CAA section 175A, a state is not required to have 
fully adopted contingency measures that will take effect without 
further action by the state in order for the maintenance plan to be 
approved. However, the contingency plan is an enforceable part of the 
SIP and should ensure that contingency measures are adopted 
expeditiously once they are triggered. The contingency plan should 
discuss the measures to be adopted and a schedule and procedure for 
adoption and implementation. The contingency plan must require that the 
state will implement all measures contained in the part D nonattainment 
plan for the area prior to redesignation. The state should also 
identify the specific indicators, or triggers, which will be used to 
determine when the contingency plan will be implemented.\23\
---------------------------------------------------------------------------

    \23\ See Calcagni Memo at 12.
---------------------------------------------------------------------------

    The Oakridge PM2.5 maintenance plan outlines the 
procedures for the adoption and implementation of contingency measures 
to further reduce emissions should a violation of the 2006 24-hour 
PM2.5 NAAQS occur. If the PM2.5 design

[[Page 26720]]

value indicates a violation of the standard, after consideration of any 
exceptional events, the following contingency strategies, or 
equivalent, will be implemented by LRAPA and the City of Oakridge:
     Stricter green-yellow-red advisory program,\24\ with more 
red advisory days each winter, by reducing the red advisory thresholds 
by 3 [micro]g/m\3\ PM2.5. This is projected to increase the 
average number of potential red advisory days by three to five 
additional days per year.
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    \24\ LRAPA implements an advisory system that designates days as 
green, yellow, or red when 24-hour PM levels reach certain 
designated thresholds. During a red advisory day, LRAPA prohibits 
the use of any solid fuel space heating device that emits visible 
emissions into the air outside of the building housing the device 
unless a specific exemption has been granted.
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     Prohibition of fireplace use on yellow advisory days (in 
addition to the existing prohibition on red advisory days).
    While these measures do not need to be fully adopted by LRAPA prior 
to the occurrence of a NAAQS violation, LRAPA commits to adopting and 
implementing the necessary contingency measures as expeditiously as 
possible, but not later than one year after a violation, based on 
confirmed quality-assured data. Any contingency measures adopted and 
implemented will become part of the control measures in the next 
revised maintenance plan submitted to EPA for approval.
    LRAPA will evaluate all appropriate data including air quality 
data, meteorological data, evaluation of wood smoke programs and 
information on unusual weather events (e.g., wildfires or winter power 
outages) and other data to determine the cause of the violation. LRAPA 
will perform this evaluation within three months of the determination 
of a violation. Where appropriate, LRAPA will follow EPA's exceptional 
events rules and guidance if it is determined that an exceptional event 
contributed to the violation.\25\
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    \25\ Treatment of Data Influenced by Exceptional Events, October 
3, 2016, 81 FR 68216.
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    Based on our analysis of Oregon's submittal, we propose to find 
that the contingency measure provisions provided in the Oakridge 
PM2.5 maintenance plan are sufficient and meet the 
requirements of CAA section 175A(d).

E. Transportation Conformity and Motor Vehicle Emissions Budgets

    Transportation conformity is required by CAA section 176(c). EPA's 
conformity rule at 40 CFR part 93, subpart A requires that 
transportation plans, programs, and projects conform to SIPs and 
establishes the criteria and procedures for determining whether they 
conform. Conformity to a SIP means that transportation activities will 
not produce new air quality violations, worsen existing violations, or 
delay timely attainment of the NAAQS. Thus, EPA's conformity rule 
requires a demonstration that emissions from a Metropolitan Planning 
Organization's Regional Transportation Plan and Transportation 
Improvement Program, involving Federal Highway Administration or 
Federal Transit Administration funding or approval, are consistent with 
the MVEB(s) contained in a control strategy SIP revision or maintenance 
plan (40 CFR 93.101, 93.118, and 93.124). A MVEB is the level of mobile 
source emissions of a pollutant relied upon in the attainment or 
maintenance demonstration to attain or maintain compliance with the 
NAAQS in the nonattainment or maintenance area.
    A PM2.5 maintenance plan should identify MVEBs for 
direct PM2.5, NOX and all other PM2.5 
precursors from on-road mobile source emissions that are determined to 
significantly contribute to PM2.5 levels in the area.\26\ 
All direct PM2.5 SIP budgets should include direct 
PM2.5 motor vehicle emissions from tailpipe, brake wear and 
tire wear. A State must also consider whether re-entrained paved and 
unpaved road dust are significant contributors and should be included 
in the direct PM2.5 budget.\27\
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    \26\ See 40 CFR 93.102(b)(2)(iv)-(v) and (b)(3).
    \27\ See 40 CFR 93.102(b), 93.122(f).
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    It should be noted that Oakridge is considered an isolated rural 
nonattainment area within the meaning of 40 CFR 93.109(g), so 
transportation conformity determinations are only required when a non-
exempt Federal Highway Administration or Federal Transit Administration 
funded project is funded or approved.\28\
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    \28\ See 40 CFR 93.109(g).
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    The Oakridge PM2.5 maintenance plan includes direct 
PM2.5 MVEBs for the attainment year (2015), two interim 
years (2025 and 2030) and the maintenance horizon year (2035). See 
Table 5, below. On February 8, 2018, EPA approved a 2015 attainment 
year PM2.5 MVEB of 22.2 lb/day (83 FR 5537). The projected 
MVEBs (2025, 2030 and 2035) reflect the total on-road PM2.5 
worst-case day emissions (a sum of primary exhaust, brake wear and tire 
wear), plus a portion of the available safety margin to accommodate 
technical uncertainties due to model updates and inputs into the EPA 
MOVES model and travel forecasting models as well as potential changes 
to regional transportation plans. A safety margin is the amount by 
which the total projected PM2.5 emissions from all sources 
are less than the total emissions that would satisfy the NAAQS for the 
2015 attainment year. With the safety margin applied to the future year 
MVEB, the budgets still demonstrate maintenance of the 2006 24-hour 
PM2.5 NAAQS.
    Oregon used the Motor Vehicle Emissions Simulator model, 
MOVES2014a, during the development of the maintenance plan and executed 
it with locally developed inputs representative of wintertime calendar 
year 2015 conditions and future projections in order to appropriately 
calculate the budgets. MOVES2014a was the accepted model when this work 
began. EPA recently released MOVES3, but since sufficient work had 
taken place on this SIP with MOVES2014a, we are accepting that mobile 
model in this submittal (86 FR 1106, 1108, January 7, 2021). Traffic 
growth in VMT for the Oakridge NAA is based on transportation modeling 
by Lane County, LCOG and ODOT. The mobile source emissions, in total, 
were modeled to steadily decrease between 2015 and 2035 as a result of 
cleaner vehicles and cleaner fuels. The MVEBs are based on the control 
measures in the maintenance plan and consistent with maintaining the 
2006 24-hour PM2.5 NAAQS.
    As determined in the 2016 attainment plan approval (83 FR 5537, 
February 8, 2018), secondary particulate are still minor contributors 
to the Oakridge PM2.5 air pollution concentrations on worst-
case winter days as summarized in section III.D.1. Oregon excluded 
paved road dust emissions and NOX emissions from the MVEB in 
accordance with 40 CFR 93.102(b)(3). Vehicle emissions of 
SO2 and NH3 were also found to contribute 
minimally to PM2.5 in the area and therefore the maintenance 
plan does not include MVEBs for these precursors in accordance with 40 
CFR 93.102(b)(2)(v). See Appendix IV of LRAPA's Oakridge 
PM2.5 maintenance plan, in the docket for this action, for 
further analysis of the MVEB pollutants and precursors. Therefore, 
based on its analysis, LRAPA set the Oakridge direct PM2.5 
MVEBs for 2015, 2025, 2030 and 2035 as provided in Table 5 of this 
proposed action. According to EPA's conformity rule, the emissions 
budget acts as a ceiling on emissions in the year for which it is 
defined or until a SIP revision modifies the budget.\29\
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    \29\ See 40 CFR 93.118.

[[Page 26721]]

                             Table 5--Direct PM2.5 MVEBs for the Oakridge PM2.5 NAA
----------------------------------------------------------------------------------------------------------------
                                                                                   Year
             Motor vehicle emissions budgets             -------------------------------------------------------
                                                              2015          2025          2030          2035
----------------------------------------------------------------------------------------------------------------
Direct PM2.5 (lb/day)...................................         22.2           8.2           7.2           6.5
----------------------------------------------------------------------------------------------------------------

    For MVEBs to be approvable, they must meet, at a minimum, EPA's 
adequacy criteria (40 CFR 93.118(e)(4)). EPA's process for determining 
adequacy of a budget consists of three basic steps: (1) Notifying the 
public of a SIP submittal; (2) providing the public the opportunity to 
comment on the budget during a public comment period; and (3) making a 
finding of adequacy or inadequacy. The process for determining the 
adequacy of a submitted budget is codified at 40 CFR 93.118(f). EPA can 
notify the public by either posting an announcement that EPA has 
received SIP budgets on EPA's adequacy website (40 CFR 93.118(f)(1)), 
or via a Federal Register notice of proposed rulemaking when EPA 
reviews the adequacy of an implementation plan budget simultaneously 
with its review and action on the SIP itself (40 CFR 93.118(f)(2)).
    Today, we are notifying the public that EPA will be reviewing the 
adequacy of the 2015, 2025, 2030 and 2035 budgets in the Oakridge 
PM2.5 maintenance plan. The public has a 30-day comment 
period as described in the DATES section of this document. After this 
comment period, EPA will indicate whether the budgets are adequate via 
the final rulemaking on this proposed action or on the adequacy 
website, according to 40 CFR 93.118(f)(2)(iii). The details of 
EPA'evaluation of the budget for compliance with the budget adequacy 
criteria of 40 CFR 93.118(e) are provided in a separate memorandum 
included with the docket for this rulemaking.\30\ As noted earlier, the 
public comment period for EPA's adequacy finding will be concurrent 
with the public comment period for this proposed action on the Oakridge 
PM2.5 Maintenance Plan.
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    \30\ See EPA memorandum titled, ``EPA Region 10 Adequacy Review 
of Motor Vehicle Emissions Budgets in Oakridge PM2.5 
Maintenance Plan'', dated April 6, 2022.
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    Based on the information presented in the Oakridge PM2.5 
maintenance plan and our adequacy review to date, we propose to find 
that Oregon has evaluated the appropriate pollutants and precursors and 
appropriately established MVEBs for direct PM2.5 emissions. 
EPA has reviewed the Oakridge PM2.5 maintenance plan's MVEBs 
and found them to be consistent with the control measures in the SIP 
and consistent with maintenance of the 2006 24-hour PM2.5 
NAAQS within the Oakridge area through 2035. We propose to approve the 
MVEBs in the Oakridge PM2.5 maintenance plan as meeting the 
requirements of the CAA and EPA regulations.

F. State Rule Changes To Reflect the Redesignation

    Oregon adopted maintenance plans for both the Oakridge 
PM2.5 and Oakridge PM10 area in the same state 
rulemaking package and submitted them as a single SIP submittal to EPA. 
This single submittal includes changes to LRAPA rules to reflect the 
anticipated redesignation of both areas. Today's action addresses the 
Oakridge PM2.5 area, and we are addressing the Oakridge 
PM10 area in a separate action. However, in today's action, 
for the sake of simplicity, we are proposing to approve all updates to 
LRAPA rules to reflect the anticipated redesignation of both areas. We 
believe this is appropriate because we intend to finalize our proposed 
actions on both areas within the same time frame. In today's action, 
EPA is proposing to approve revisions to LRAPA's Title 29 Designation 
of Air Quality Areas, Section 29-0030(2) Designation of Nonattainment 
Areas and Section 29-0040(3) Designation of Maintenance Areas. These 
revisions will remove the Oakridge PM2.5 nonattainment areas 
from the list of PM2.5 nonattainment areas and add them to 
the list of PM2.5 maintenance areas within the federally-
approved Oregon SIP. EPA is also proposing to approve minor editorial 
changes to LRAPA's Title 29 Designation of Air Quality Areas, Section 
29-0010 Definitions and Section 29-0310 Designation of Reattainment 
Areas, to consistently refer to the ``Oakridge PM2.5 
Maintenance Area'' rather than the ``Oakridge PM2.5 Non-
attainment area.'' \31\
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    \31\ On January 13, 2022, Oregon also submitted LRAPA Title 29 
Sections 0020, 0050-0090, 0300 and 0320. Oregon made no changes to 
these sections, except for the State effective date. EPA has 
reviewed these rules and approved them in a previous action (83 FR 
50274, March 23, 2018).
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IV. Proposed Action

    EPA proposes to redesignate the Oakridge, Oregon PM2.5 
NAA, and proposes approval of the associated maintenance plan for the 
area. If this proposal is finalized, the designation status of the 
Oakridge, Oregon PM2.5 NAA under 40 CFR part 81 will be 
revised to attainment upon the effective date of that final action.
    EPA proposes to approve and incorporate by reference into the 
Oregon SIP, the submitted revisions to LRAPA Title 29 Sections 29-0010, 
29-0020, 29-0030(2), 29-0040(3), 29-0050, 29-0060, 29-0070, 29-0080, 
29-0090, 29-0300, 29-0310 and 29-0320, state effective November 18, 
2021.
    In addition, EPA proposes to approve and incorporate into the SIP 
specific sections of the local rule submitted on January 20, 2017, and 
the local rule submitted on January 13, 2022, as part of the 
maintenance plan to the extent set forth in this document.
    EPA also proposes to take final agency action on Oregon's 
exceptional event demonstration for the Oakridge PM10 
monitor as discussed in this action.
    Finally, we propose that the Oakridge PM2.5 maintenance 
plan's MVEBs meet applicable CAA requirements for maintenance plans and 
transportation conformity requirements. With this action, we are 
starting the adequacy process for these proposed MVEBs and opening a 
public comment period.
    We note that the January 13, 2022 submittal also includes the 
Oakridge PM10 redesignation and maintenance plan and 
additional revisions to LRAPA's Title 29 rules, which EPA will address 
in a separate action.

V. Incorporation by Reference

    In this document, EPA proposes to include, in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, EPA proposes to incorporate by 
reference the provisions described in Section IV of this document, 
specifically (1) The Lane County Code Chapter 9--Restriction on Use of 
Solid Fuel Space Heating Devices, Sections 9.120-9.140, (2) the City of 
Oakridge Ordinance No. 920--An Ordinance Amending Section 7 of 
Ordinance 914 and Adopting New Standards for the Oakridge Air

[[Page 26722]]

Pollution Control Program; Section Two(3)--Solid Fuel Burning Devices--
Prohibitions and (3) revisions to LRAPA's Title 29 rules as described 
in Section IV of this document.
    EPA has made, and will continue to make, these documents generally 
available through https://www.regulations.gov and at the EPA Region 10 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

VI. Statutory and Executive Orders Review

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submittal that complies with the provisions 
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submittals, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this proposed action merely proposes to approve a State 
plan and State law as meeting Federal requirements and does not impose 
additional requirements beyond those already imposed by State law. For 
that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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 CAA; 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, 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, this rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects

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.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

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

    Dated: April 25, 2022.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2022-09256 Filed 5-4-22; 8:45 am]
BILLING CODE 6560-50-P
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