Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 29045 

1 81 FR 68272, Table 6—Areas Subject to the 

Mitigation Requirements in 40 CFR 51.930(b), 

October 3, 2016. 

2 81 FR 68273, October 3, 2016. 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(d) Effective date. This rule is

effective from 12 p.m. until 3 p.m., on 

May 17, 2022, through May 18, 2022. 

Dated: May 6, 2022. 

Matthew A. Thompson, 

Captain, U.S. Coast Guard, Captain of the 

Port St. Petersburg. 

[FR Doc. 2022–10181 Filed 5–11–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 50 and 51 

[EPA–HQ–OAR–2022–0313; FRL–9812–01– 

OAR] 

Identifying Additional Areas Subject to 

Mitigation Plan Requirements Under 

the 2016 Exceptional Events Rule: 

Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of availability. 

SUMMARY: Notification is hereby given 

that the Environmental Protection 

Agency (EPA) has finalized a list of 

additional areas subject to the 

mitigation plan requirements found in 

the 2016 Exceptional Events Rule. This 

list is included within this document 

and is available on the Agency’s website 

and in the electronic docket for this 

action. The EPA is separately notifying 

states with areas newly subject to these 

requirements. These notification letters 

are also available on the Agency’s 

website and in the electronic docket for 

this action. 

DATES: May 12, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

general questions concerning this 

notice, please contact, Gobeail 

McKinley, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Policy Division, C539–04, 

Research Triangle Park, NC 27711, 

telephone (919) 541–5246, email at 

mckinley.gobeail@epa.gov. 

SUPPLEMENTARY INFORMATION: 

1. General Information

Where can I get information related to 

this action? 

Docket: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2022–0313. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically through https://

www.regulations.gov. 

Agency website: A list of the 

additional areas subject to mitigation 

plans is found on the website that 

contains information related to 

exceptional events at: https://

www.epa.gov/air-quality-analysis/ 

treatment-air-quality-data-influencedexceptional-events-homepageexceptional. 

II. What is the purpose of this action?

In keeping with the EPA’s mission to

protect public health and consistent 

with the principles included at the 

Clean Air Act section 319(b)(3)(A), the 

2016 Exceptional Events Rule (Rule) 

promulgated new regulations requiring 

states to develop mitigation plans for 

areas with historically documented or 

known seasonal exceptional events. 

Using air quality monitoring data 

contained within the Air Quality 

System (AQS) for the period January 1, 

2013, through December 31, 2015, the 

EPA initially identified 29 areas 

required to submit mitigation plans 

within 2 years of the effective date of 

the Rule.1

Further, the 2016 Exceptional Events 

Rule states that as areas become subject 

to the mitigation plan requirements, the 

Administrator will notify the states in 

writing. However, the Rule did not 

establish a specific process for 

providing notice to states with areas 

newly identified as being subject to 

mitigation plan requirements. This 

action establishes a process for 

providing that notice and fulfills our 

obligation to identify additional areas 

with recurring events of the same type 

and pollutant. Table 1 contains a list of 

the newly identified areas subject to 

mitigation requirements. Generally, 

areas subject to the mitigation 

requirements have experienced three 

events or three seasons of events of the 

same type and pollutant in a 3-year 

period. For purposes of this analysis 

and notification, the EPA evaluated 

rolling 3-year periods for January 1, 

2016, through December 31, 2020. A 

detailed description of the process the 

EPA followed to identify these areas and 

a summary of required components of a 

mitigation plan are included in a 

background document placed in the 

docket for this rulemaking titled, 

‘‘Additional Areas Subject to Mitigation 

Plan Requirements in 40 CFR 

51.930(b).’’ 

Within 2 years of being notified that 

they are subject to the mitigation plan 

provisions within the 2016 Exceptional 

Events Rule, air agencies responsible for 

ensuring air quality for the areas 

identified in Table 1 shall submit 

mitigation plans to the applicable EPA 

Regional Administrator. Consistent with 

the 2016 Exceptional Events Rule, after 

this 2-year timeframe, if an air agency 

has not submitted the required 

mitigation plan, the EPA will not concur 

with an air agency’s request to exclude 

data that have been influenced by an 

event of the type that is the subject of 

a required mitigation plan. An air 

agency may submit a mitigation plan in 

advance of, or as part of, an exceptional 

events demonstration submission of the 

same event type and pollutant as the 

focus of the mitigation plan. 

The discussion of the mitigation plan 

components is included in the preamble 

to the 2016 Exceptional Events Rule 2

and 40 CFR 51.930(b)(2) identifies the 

required components for each 

mitigation plan. A discussion of 

mitigation plan components is also 

included in the background document 

placed in the docket for this rulemaking. 

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

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

Ozone ........................ RT .................. Wildfire-U.S .............................................. NV .................. Washoe. 

Ozone ........................ RT .................. Wildfire-U.S .............................................. CA .................. Tehama (Tuscan Buttes). 

Ozone ........................ RT .................. Wildfire-U.S .............................................. CA .................. Ventura. 


khammond on DSKJM1Z7X2PROD with RULES
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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