Air Plan Approval; OR; Update to Materials Incorporated by Reference

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R10-OAR-2024-0480; FRL-12783-01-R10]</DEPDOC> <SUBJECT>Air Plan Approval; OR; Update to Materials Incorporated by Reference</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule; administrative change. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Oregon State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by Oregon and approved by the EPA. In this final rule, the EPA is also notifying the public of corrections and clarifying changes in the Code of Federal Regulations (CFR) tables that identify the materials incorporated by reference into the Oregon SIP. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This action is effective August 7, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The SIP materials for which incorporation by reference into 40 CFR part 52 is finalized through this action are available for inspection at the following locations: Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA 98101; and <E T="03">www.regulations.gov.</E> To view the materials at the Region 10 Office, the EPA requests that you email the contact listed in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Claudia Vaupel, EPA Region 10, 1200 Sixth Avenue—Suite 155, Seattle, WA 98101, at 206-553-6121, or <E T="03">vaupel.claudia@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> Each State has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution regulations, emissions inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms, among other elements. In developing the SIP, the State formally adopts the control measures and strategies used to attain and maintain the NAAQS and submits them to the EPA for review and approval. <SU>1</SU> <FTREF/> The EPA approves the State's submitted regulatory provisions and codifies them in part 52, “Approval and Promulgation of Implementation Plans,” of Title 40 of the Code of Federal Regulations (40 CFR part 52). In codifying the State regulatory provisions, the full text is not reproduced in its entirety in 40 CFR part 52 but is “incorporated by reference” as of a specific effective date. The public is referred to the location of the full text version for the specifics of each State regulatory provision incorporated by reference into the SIP. The information provided allows the EPA and the public to monitor the extent to which a State implements and enforces the SIP. <FTNT> <SU>1</SU>  See Clean Air Act section 110(a)(1) and (2). </FTNT> The SIP is a living document that is revised by the State as necessary to address the unique air pollution problems in the State. A SIP revision may include changes to one or more regulations in their entirety, or portions of regulations. The State indicates the changes in the submitted SIP revision (such as by using redline/strikethrough text) and the EPA takes action on the requested changes. The EPA establishes a docket for each action using a unique Docket Identification Number, listed in each <E T="04">Federal Register</E> document. The docket and complete submission are available for viewing on <E T="03">www.regulations.gov.</E> On May 22, 1997 (62 FR 27968), the EPA began implementing revised procedures for incorporating regulatory provisions by reference into the Code of Federal Regulations for each SIP. The revised procedures updated the format for the identification of each SIP in 40 CFR part 52, streamlined the mechanism for announcing EPA approval of SIP revisions, and streamlined the mechanism for updating the “IBR material” (the full text of the regulatory provisions and source-specific permits, etc.) incorporated by reference into each SIP in 40 CFR part 52. The revised procedures also called for the EPA to maintain a “SIP Compilation” of the IBR material for each State. The EPA must update each SIP Compilation and periodically publish an informational document in the rules section of the <E T="04">Federal Register</E> notifying the public that updates have been made to a SIP Compilation for a particular State. The EPA began applying the 1997 revised procedures to the Oregon SIP on December 10, 2013 (78 FR 74012). The EPA subsequently published updates to the Oregon SIP IBR materials on April 10, 2019 (84 FR 14272) and December 20, 2022 (87 FR 77720). <HD SOURCE="HD2">A. Approved and Incorporated by Reference Regulatory Materials</HD> Since the last published update to the Oregon SIP IBR materials, the EPA took two actions, on July 23, 2024 (89 FR 59610) and October 8, 2024 (89 FR 81361), to approve and incorporated by reference a number of regulatory provisions into the Oregon SIP at 40 CFR 52.1970(c) and (d). The approval actions and associated regulatory provisions are described in the following paragraphs of this preamble. <HD SOURCE="HD3">1. Paragraph (c) EPA Approved Regulations and Statutes</HD> a. Action on July 23, 2024 (89 FR 59610): • OAR 340-200-0020 General Air Quality Definitions (defining terms used in the Oregon air quality regulations), State effective March 1, 2023; • OAR 340-200-0025 Abbreviations and Acronyms (defining abbreviations and acronyms used in the Oregon air quality regulations), State effective March 1, 2023; • OAR 340-200-0035 Reference Materials (specifying the title and version of each reference material used in the Oregon air quality regulations), State effective March 1, 2023; • OAR 340-204-0300 Designation of Sustainment Areas (identifying the areas in Oregon designated as sustaining the relevant air quality standard), State effective March 1, 2023; • OAR 340-204-0310 Designation of Reattainment Areas (identifying the areas in Oregon designated as reattaining the relevant air quality standard), State effective March 1, 2023; • OAR 340-206-0010 Introduction (establishing significant harm levels for pollutants in areas based on priority level), State effective March 1, 2023; • OAR 340-208-0110 Visible Air Contaminant Limitations (establishing limits and test methods for visible emissions), State effective March 1, 2023; • OAR 340-209-0080 Issuance or Denial of a Permit (specifying procedures for issuing and denying permits, including how to request a hearing to contest a permit decision), State effective March 1, 2023; • OAR 340-210-0100 Registration in General (identifying categories of sources that are required to register with the Oregon DEQ), State effective March 1, 2023; • OAR 340-210-0205 Notice of Construction and Approval of Plans: Applicability and Requirements, except paragraph (3) (listing source types and activities that require notice to the Oregon DEQ prior to construction), State effective March 1, 2023; • OAR 340-210-0225 Notice of Construction and Approval of Plans: Types of Construction/Modification Changes (establishing the activities that qualify for each type of notice of construction), State effective March 1, 2023; • OAR 340-210-0230 Notice of Construction and Approval of Plans: Notice to Construct Application (requiring the specific information to be submitted in an application), State effective March 1, 2023; • OAR 340-210-0240 Notice of Construction and Approval of Plans: Construction Approval (specifying what level of approval from Oregon DEQ is needed before a source may begin construction), State effective March 1, 2023; • OAR 340-210-0250 Notice of Construction and Approval of Plans: Approval to Operate (specifying what is required of a source to obtain approval to operate), State effective March 1, 2023; • OAR 340-214-0110 Reporting: Request for Information (requiring sources to respond to Oregon DEQ requests for information), State effective March 1, 2023; • OAR 340-214-0114, Reporting: Records; Maintaining and Reporting (detailing when and how to record and report data), State effective March 1, 2023; • OAR 340-214-0130 Reporting: Information Exempt from Disclosure (establishing that trade secrets and other eligible data may be exempt from disclosure), State effective March 1, 2023; • OAR 340-216-0020 Applicability and Jurisdiction (identifying source categories subject to Division 216 regarding air contaminant discharge permits), State effective March 1, 2023; • OAR 340-216-0025 Types and Permits (identifying the types of air contaminant discharge permits), State effective March 1, 2023; • OAR 340-216-0040 Application Requirements (spelling out the information required to be included in permit applications), State effective March 1, 2023; • OAR 340-216-0054 Short Term Activity ACDPs (listing the pilot and other time-limited activities that may be eligible for a short term activity ACDP), State effective March 1, 2023; • OAR 340-216-0056 Basic ACDPs (identifying the contents of a basic ACDP), State effective March 1, 2023; • OAR 340-216-0060 General Air Contaminant Discharge Permits (identifying the contents of a general ACDP), State effective March 1, 2023; • OAR 340-216-0064 Simple ACDPs (identifying the contents of a simple ACDP), State effective March 1, 2023; • OAR ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 207k characters. 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