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Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Proposed Rules
tkelley on DSKBCP9HB2PROD with PROPOSALS

Smoke Management Plan Administrative Rule to reflect the 2012
approval of OAR 629048 and by removing the reference to OAR 629 43
043.
V. EPAs Proposed Action We have reviewed Oregons demonstration and propose to find that the revisions discussed above meet the requirements of the CAA. Based on our review of Oregons demonstration, we propose to conclude that the revisions to Oregons SIP will not interfere with any applicable requirement concerning attainment, reasonable further progress, or any other applicable requirement of the Clean Air Act.
Under CAA section 110k, EPA is proposing to approve, and incorporate by reference, the 2014 and 2019
submitted revisions into the Oregon SIP
at 40 CFR part 52, subpart MM. As discussed above, Oregons 2014 and 2019 Submittals revised portions of OAR 629048 and we are proposing to approve only the most recently submitted version of such regulations as previous versions are no longer in effect as a matter of state law.
Upon final approval, the Oregon SIP
will include the addition of the following:
OAR 6290480001, Title, Scope and Effective Dates state effective 3/1/
2019;
OAR 6290480005, Definitions state effective 3/1/2019;
OAR 6290480010, Purpose state effective 3/1/2019;
OAR 6290480020, Necessity of Prescribed Burning state effective 3/1/
2019;
OAR 6290480021, Necessity of Safeguarding Public Health state effective 3/1/2019;
OAR 6290480100, Regulated Areas state effective 1/1/2008;
OAR 6290480110, Characterization and Response to Smoke Incidents, Smoke Intrusions, and National Ambient Air Quality Standards NAAQS Exceedances state effective 3/
1/2019;
OAR 6290480120, Air Quality Maintenance Objectives state effective 3/1/2019;
OAR 6290480130, Visibility Objectives state effective 7/11/2014;
OAR 6290480135, Special Protection Zone Requirements state effective 3/1/2019;
OAR 6290480137, SPZ
Contingency Plan Requirements state effective 3/1/2019;
OAR 6290480140, Smoke Sensitive Receptor Areas state effective 3/1/2019;
OAR 6290480150, Criteria for Future Listing of Smoke Sensitive
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Receptor Areas state effective 3/1/
2019;
OAR 6290480160, Bear Creek/
Rogue River Valley SSRA state effective 1/1/2008;
OAR 6290480180, Communication, Community Response Plans, and Exemption Requests state effective 3/1/2019;
OAR 6290480200, Regulated Areas state effective 3/1/2019;
OAR 6290480210, Best Burn Practices; Emission Reduction Techniques state effective 3/1/2019;
OAR 6290480220, Forecast Procedures state effective 3/1/2019;
OAR 6290480230, Burn Procedures state effective 3/1/2019;
OAR 6290480300, Registration of Intent to Burn state effective 1/1/2008;
OAR 6290480310, Fees for Prescribed burning state effective 3/1/
2019;
OAR 6290480320, Reporting of Accomplishments state effective 3/1/
2019;
OAR 6290480330, Emission Inventories state effective 1/1/2008;
OAR 6290480400, Coordination with Other Regulating Jurisdictions and for Other Pollutants state effective 1/1/
2008;
OAR 6290480450, Periodic Evaluation and Adaptive Management state effective 3/1/2019;
OAR 6290480500, Enforcement state effective 3/1/2019;
ORS 477.013, Smoke Management Plan; rules state effective 3/1/2019;
and Oregon Department of Forestry Directive 141601, Operational Guidance for the Oregon Smoke Management Program state effective 3/
1/2019.
Pursuant to 110k6, we are also making corrections to the regulatory text that includes incorporation by reference by removing OAR 62943043 as discussed in Section IV. Upon final approval, the following regulations will be removed from 40 CFR 52.1970c, Table 2:
OAR 6290430043, Smoke Management Plan state effective 4/13/
1987; and the corresponding crossreference will be removed from 40 CFR
52.1970e, Table 5, Section 3.
VI. Incorporation by Reference In this document, EPA is proposing to include in a final rule, regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the provisions described in Section V of this preamble. Also, in this document, EPA is proposing to remove the
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incorporation by reference of OAR
62943043 as described in Section IV.
EPA has made, and will continue to make, these documents generally available through https
www.regulations.gov and at EPA Region 10 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
VII. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act and applicable Federal regulations. 42
U.S.C. 7410k; 40 CFR 52.02a. Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed 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 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. 1044;
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 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of the requirements would be inconsistent with the Clean Air Act;
and Does not provide EPA with the discretionary authority to address, as
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