29046 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 

1Oregon subsequently revised the scope of the 

SIP revision submitted for EPA approval in a letter 

dated December 22, 2021. In the letter, Oregon 

clarified that OAR 340–216–8020, which includes 

the specific fee amounts to be paid by sources, is 

not submitted for SIP approval. The letter has been 

placed in the docket for this action. 

TABLE 1—ADDITIONAL AREAS SUBJECT TO THE MITIGATION REQUIREMENTS IN 40 CFR 51.930(b) a—Continued 

Pollutant AQS flag b AQS flag description State County/nonattainment area boundary 

PM10 .......................... RJ .................. High Winds ............................................... CA .................. Ventura. 

PM10 .......................... RJ .................. High Winds ............................................... WY ................. Campbell. 

PM10 .......................... RJ .................. High Winds ............................................... WY ................. Sweetwater. 

PM10 .......................... RJ .................. High Winds ............................................... NM ................. Bernalillo. 

PM10 .......................... RT .................. Wildfire-U.S .............................................. CA .................. Santa Barbara. 

PM10 .......................... RT .................. Wildfire-U.S .............................................. CA .................. San Joaquin Valley. 

PM2.5 ......................... RT .................. Wildfire-U.S .............................................. CA .................. Butte. 

PM2.5 ......................... RT .................. Wildfire-U.S .............................................. CA .................. San Joaquin Valley. 

PM2.5 ......................... RT .................. Wildfire-U.S .............................................. CA .................. South Coast. 

PM2.5 ......................... RH .................. Fireworks .................................................. CA .................. San Joaquin Valley. 

PM2.5 ......................... RH .................. Fireworks .................................................. CA .................. South Coast. 

PM2.5 ......................... RJ .................. High Winds ............................................... CA .................. San Joaquin Valley. 

aThe EPA identified these counties using data submitted through the Exceptional Events Submission and Tracking System, EPA’s AQS, and 

other sources for the January 1, 2016–December 31, 2020, timeframe. The EPA used these data to identify areas with three events or event 

seasons within a 3-year period. bThe complete list of AQS qualifier codes and descriptions is available at https://www.epa.gov/aqs/aqs-code-list. 

Panagiotis Tsirigotis, 

Director, Office of Air Quality Planning and 

Standards. 

[FR Doc. 2022–09748 Filed 5–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2020–0684; FRL–9402–02– 

R10] 

Air Plan Approval; OR; Air 

Contaminant Discharge Permit Fee 

Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Oregon State Implementation Plan 

(SIP) submitted on November 5, 2020. 

The revision establishes new fees to be 

paid by stationary sources of air 

contaminants that submit notices of 

intent to construct. The revision also 

adds a new basic air contaminant 

discharge permit category to allow 

certain minor sources, that would 

otherwise be required to obtain a 

general, simple, or standard permit, the 

option to qualify for a basic permit. 

DATES: This final rule is effective June 

13, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2020–0684. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., 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 at https://

www.regulations.gov, or please contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall (15–H13), EPA Region 10, 

1200 Sixth Avenue (Suite 155), Seattle, 

WA 98101, (206) 553–6357, 

hall.kristin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’ or ‘‘our’’ is used, it refers to the 

EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background 

On November 5, 2020, Oregon 

submitted a SIP revision addressing 

stationary source permitting and 

associated fees.1 The revision, State 

effective September 21, 2020, makes 

updates to SIP-approved air quality 

permitting regulations. Oregon’s air 

quality regulations are codified in 

Divisions 200 through 268 of Chapter 

340 of the Oregon Administrative Rules 

(OAR). 

We proposed to approve the 

submitted SIP revision on February 14, 

2022 (87 FR 8222). The reasons for our 

proposed approval are included in the 

proposal and will not be restated here. 

The public comment period closed on 

March 16, 2022. We received no public 

comments, therefore, we are finalizing 

the action as proposed. 

II. Final Action 

The EPA is approving, and 

incorporating by reference, revisions to 

the Oregon SIP submitted on November 

5, 2020, for the purposes of SIP-related 

permitting. Upon the effective date of 

this action, the Oregon SIP will include 

the following regulations, State effective 

September 21, 2020: 

• OAR 340–210–0230, Notice of 

Construction and Approval of Plans: 

Notice to Construct; 

• OAR 340–210–0240, Notice of 

Construction and Approval of Plans: 

Construction Approval; and 

• OAR 340–216–8010, Table 1— 

Activities and Sources. 

III. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, we are finalizing the incorporation 

by reference of Oregon regulatory 

provisions as described in Section II of 

this preamble and set forth below in the 

amendments to 40 CFR part 52. The 

EPA has made, and will continue to 

make, these materials 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). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the Clean Air 


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Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 29047 

2 62 FR 27968 (May 22, 1997). 

Act as of the effective date of the final 

rule of the EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.2

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (CAA), the 

Administrator is required to approve a 

SIP submission 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 

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 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 the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 11, 2022. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 3, 2022. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart MM—Oregon 

■ 2. In § 52.1970, amend table 2 in 

paragraph (c) by revising the entries for 

‘‘210–0230’’, ‘‘210–0240’’, and ‘‘216– 

8010’’ to read as follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

Chapter 340—Department of Environmental Quality 

*******


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29048 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 

1 85 FR 57727. 

TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

Division 210—Stationary Source Notification Requirements 

*******

Notice of Construction and Approval of Plans 

*******

210–0230 ....................... Notice to Construct ........................... 9/21/2020 5/12/2022, [INSERT Federal 

Register CITATION].

210–0240 ....................... Construction Approval ...................... 9/21/2020 5/12/2022, [INSERT Federal 

Register CITATION].

* * * * * * * 

Division 216—Air Contaminant Discharge Permits 

*******

216–8010 ....................... Table 1—Activities and Sources ...... 9/21/2020 5/12/2022, [INSERT Federal 

Register CITATION].

* * * * * * * 

1The EPA approves the requirements in Table 2 of this paragraph (c) only to the extent they apply to (1) pollutants for which NAAQS have 

been established (criteria pollutants) and precursors to those criteria pollutants as determined by the EPA for the applicable geographic area; 

and (2) any additional pollutants that are required to be regulated under Part C of Title I of the CAA, but only for the purposes of meeting or 

avoiding the requirements of Part C of Title I of the CAA. 

* * * * * 

[FR Doc. 2022–09977 Filed 5–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0306; FRL–9713–02– 

R9] 

Determination To Defer Sanctions; 

California; San Diego County Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final determination. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making an interim final 

determination that the State of 

California has submitted rules that 

satisfy the requirements of part D of the 

Clean Air Act (CAA or ‘‘Act’’) 

permitting program for areas under the 

jurisdiction of the San Diego County Air 

Pollution Control District (SDAPCD or 

‘‘District’’). This determination is based 

on a proposed approval, published 

elsewhere in this Federal Register, of 

District rules addressing these 

requirements. The effect of this interim 

final determination is to defer the 

imposition of sanctions that were 

triggered by a previous EPA action that 

included a limited disapproval of the 

District’s rules. 

DATES: This interim final determination 

is effective on May 12, 2022. However, 

comments will be accepted until June 

13, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0306 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider 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. The 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For 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. If you need 

assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; by phone: (415) 972–3534, or by 

email to yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. EPA Action 

III. Statutory and Executive Order Reviews 

I. Background 

On September 16, 2020, the EPA 

issued a final action addressing 

revisions to the SDAPCD portion of the 

California State Implementation Plan 

(SIP) (‘‘2020 NSR Action’’).1 The 2020 

NSR Action addressed the District’s 

permitting program for the issuance of 

New Source Review (NSR) permits for 

stationary sources, including review and 

permitting of major and minor sources 

under the Act. In the 2020 NSR Action, 

we determined that while the District’s 

SIP revision submittal strengthened the 

California SIP, the submittal did not 

fully meet the requirements for NSR 

permitting programs under the CAA. 


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