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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Rules and Regulations
eighth of one mile of a forest protection district without first securing a written permit for burning from the forester and complying with the conditions of the permit. EPA approved ORS 477.515 into the SIP on November 1, 2001, 66 FR
55105 and it is still in effect as a matter of state and Federal law.
OAR 629047 establishes Oregons enforcement policy regarding burning permits, including civil penalties and injunctive relief. Further, ORS
477.5152 states that any permit obtained through willful misrepresentation is void. In the event that burn permits are not properly obtained, or are abused in some other way, Oregons laws, rules, and enforcement authorities are sufficient to implement and enforce the SIPapproved regulations, consistent with CAA section 110a2C. EPA
separately approved Oregons SIP as meeting the enforcement requirements of section 110 on June 6, 2019 84 FR
26347. When we approve the States revisions into the SIP, the provisions are considered federally enforceable.
For the aforementioned reasons, EPA
is finalizing the action as proposed.

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III. Final Action Under CAA section 110k, EPA is approving and incorporating by reference, where appropriate, Oregons 2014 and 2019 submitted revisions into the Oregon SIP at 40 CFR part 52, subpart MM as discussed in our February 19, 2021, proposed approval 86 FR 10220. Once this approval becomes effective, the Oregon SIP will include the following regulations:
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;

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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 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.
IV. Technical Correction EPA is making technical corrections as discussed in our February 19, 2021, proposed approval 86 FR 10220. We are correcting the identification of the Oregon SIP at 40 CFR 52.1970c, Table 2 by removing OAR 6290430043, Smoke Management Plan state effective 4/13/1987 to reflect EPAs August 22, 2012, approval 77 FR 50611 of OAR
629048; and by adding:
OAR 6290480100, Regulated Areas state effective 1/1/2008;

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OAR 6290480160, Bear Creek/
Rogue River Valley SSRA state effective 1/1/2008;
OAR 6290480300, Registration of Intent to Burn state effective 1/1/2008;
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.
We are also making technical corrections to the Oregon SIP at 40 CFR
52.1970e, Table 5, Section 3, by revising the reference to Oregons Smoke Management Plan Administrative Rule to reflect EPAs August 22, 2012, approval 77 FR
50611 of OAR 629048 and by removing the reference to OAR 62943
043.
V. Incorporation by Reference In this rule, 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 Administrative Rules as discussed in sections III and IV
of this document and described in the amendments to 40 CFR part 52 set forth below. These materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rule of EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.1
Also, in this rule, we are removing the incorporation by reference of Oregon Administrative Rules as discussed in section IV of this document and described in the amendments to 40 CFR
part 52 set forth below.
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.
VI. Statutory and Executive Order Reviews Under the 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided those choices meet the criteria 1 62

FR 27968 May 22, 1997.

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