[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Rules and Regulations]
[Pages 10457-10463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5645]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[OR64-7279a, OR36-1-6298a, OR46-1-6802a; FRL-5696-8]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Oregon
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) approves numerous
amendments to the Oregon Department of Environmental Quality's (ODEQ's)
rules for stationary sources, including new source review and
prevention of significant deterioration rules, as revisions to the
Oregon State Implementation Plan (SIP). These revisions were submitted
by the Director of the ODEQ on May 20, 1988, January 20, 1989,
September 14, 1989, October 13, 1989, November 15, 1991, August 26,
1992, November 16, 1992, May 28, 1993, November 15, 1993, December 14,
1993, November 14, 1994, June 1, 1995, September 27, 1995, October 8,
1996, and January 22, 1997, in accordance with the requirements of
section 110, Part C, and Part D of the Clean Air Act (hereinafter the
Act). EPA is also removing the listings for total suspended
particulates nonattainment areas in 40 CFR Part 81.
DATES: This action is effective on May 6, 1997 unless adverse or
critical comments are received by April 7, 1997. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: Montel Livingston,
SIP Manager, Office of Air Quality (OAQ-107), U.S. Environmental
Protection Agency, 1200 Sixth Avenue, Seattle, Washington 98101.
Documents which are incorporated by reference are available for
public inspection at the Air and Radiation Docket and Information
Center, Environmental Protection Agency, 401 M Street, SW, Washington,
D.C. 20460. Copies of material submitted to EPA may be examined during
normal business hours at the following locations: EPA, Region 10,
Office of Air Quality, 1200 Sixth Avenue, Seattle, Washington 98101,
and Oregon Department of Environmental Quality, 811 S.W. Sixth Avenue,
Portland, Oregon 97204.
FOR FURTHER INFORMATION CONTACT: David C. Bray, Office of Air Quality
(OAQ-107), EPA, Region 10, Seattle, Washington 98101, (206) 553-4253.
SUPPLEMENTARY INFORMATION:
I. Background
On July 1, 1987 (52 FR 24672), in conjunction with the revision to
the national ambient air quality standards (NAAQS) for particulate
matter (PM10), EPA revised the requirements for state
implementation plans. These revisions included changes to the
requirements for new source review (NSR) and prevention of significant
deterioration (PSD) permitting programs. In response to these new
requirements, on May 20, 1988, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted amendments to Oregon's state
ambient air quality standards (including its standards for particulate
matter), new source review (NSR), and prevention of significant
deterioration (PSD) rules.1 Further amendments to the NSR rules
applicable to specific areas which violated the new PM10 standards
were submitted on September 14, 1989, and October 13, 1989,2 and
additional
[[Page 10458]]
clarifying changes to the state's ambient air quality standards were
submitted on November 15, 1991.3
---------------------------------------------------------------------------
\1\ Other provisions in the May 20, 1988, submittal regarding
commitments for Group II PM10 areas and emergency episode plans
were acted on in a February 23, 1993, Federal Register (58 FR
10972).
\2\ Additional provisions regarding the Medford-Ashland and
Grants Pass PM10 industrial rules included in this submittal
were acted on in a February 23, 1993, Federal Register (58 FR
10972).
\3\ Other rule amendments submitted on November 15, 1991, have
been acted on in a February 23, 1993, Federal Register (58 FR
10972).
---------------------------------------------------------------------------
On October 17, 1988 (53 FR 40656), EPA promulgated PSD increments
for nitrogen dioxide along with appropriate revisions to the PSD
regulations in 40 CFR 51.166. In response to those changes to EPA's
requirements for State PSD programs, the Director of the ODEQ submitted
revisions to its PSD rules on August 26, 1992.
In response to the Clean Air Act Amendments of 1990 (Pub. L. 101-
509), EPA issued guidance on March 11, 1991, July 22, 1992, and
September 3, 1992, regarding the necessary changes to State and local
PSD and NSR permit rules to comply with the new statutory requirements.
In response to this guidance, the Director of the ODEQ submitted
additional amendments to the NSR and PSD rules on November 16,
1992.4
---------------------------------------------------------------------------
\4\ The emission statement rules included in the November 16,
1992, submittal were acted on in a March 24, 1994, Federal Register
(59 FR 13886).
---------------------------------------------------------------------------
On September 24, 1993 (58 FR 49931), EPA designated the Lakeview
area as a moderate PM10 nonattainment area. As a result, Oregon
was required to submit, as a SIP revision, a control strategy to bring
the area into attainment with the PM10 standards. The required
control strategy was submitted by the Director of the ODEQ on June 1,
1995.5 This strategy included, among other things, amendments to
the New Source Review rules that apply in nonattainment areas in order
to make them apply to the Lakeview PM10 Nonattainment Area.
---------------------------------------------------------------------------
\5\ Other provisions of the Lakeview PM10 attainment plan
will be acted on in a separate Federal Register.
---------------------------------------------------------------------------
On June 3, 1993 (58 FR 31622), EPA promulgated revisions to the PSD
regulations to change the indicator for the particulate matter
increments from total suspended particulates (TSP) to PM10. On
September 27, 1995, in response to this change in federal requirements,
the Director of the ODEQ submitted amendments to Oregon's PSD rules as
a revision to the Oregon SIP.6
---------------------------------------------------------------------------
\6\ Revisions to Oregon's Smoke Management Plan included in the
September 27, 1995, submittal will be acted on in a separate Federal
Register.
---------------------------------------------------------------------------
Oregon also made a number of amendments to its PSD and NSR rules on
its own initiative. These amendments were submitted as revisions to the
Oregon SIP on January 20, 1989, May 28, 1993,7 November 15,
1993,8 December 14, 1993,9 November 14, 1994, October 8,
1996,10 and January 22, 1997.11
---------------------------------------------------------------------------
\7\ Other rule amendments included in the May 28, 1993,
submittal will be acted on in separate Federal Registers.
\8\ Other rule amendments included in the November 15, 1993,
submittal will be acted on in a separate Federal Register.
\9\ Other rule amendments included in the December 14, 1993,
submittal will be acted on in a separate Federal Register.
\10\ Other rule amendments included in the October 8, 1996,
submittal will be acted on in a separate Federal Register.
\11\ Other rule amendments included in the January 22, 1997,
submittal will be acted on in a separate Federal Register.
---------------------------------------------------------------------------
II. Description of Plan Revision Submittals
On May 20, 1988, the Director of the ODEQ submitted amendments to
Oregon Administrative Rules (OAR) 340-20-220 through 260 (New Source
Review Rules), OAR 340-31-005 through 055 (Ambient Air Quality
Standards), and OAR 340-31-100 through 130 (Prevention of Significant
Deterioration Rules) as revisions to the Oregon state implementation
plan (SIP). The amendments to the New Source Review Rules added new
definitions of ``emission limitation and emission standard,''
``particulate matter emissions,'' and ``PM10 emissions'' to OAR
340-20-225. They also amended the existing definitions of
``nonattainment area,'' ``significant emission rate,'' and
``significant air quality impact'' in OAR 340-20-225. These new and
amended definitions were to implement the revised ambient air quality
standards for particulate matter. In addition, OAR 340-20-245
(Requirements for Sources in Attainment or Unclassifiable Areas
(Prevention of Significant Deterioration)) was amended to implement the
revised particulate matter standards and the revised EPA requirements
in 40 CFR 51.165(b) and 40 CFR 51.166. Similarly, OAR 340-20-260
(Requirements for Net Air Quality Benefit) was amended to implement the
revised particulate matter standards.
The amendments to Oregon's Ambient Air Quality Standards included
new definitions of ``ambient air monitoring site criteria,'' ``approved
method,'' ``Code of Federal Regulations,'' and ``parts per million;''
amendments to the existing definitions of ``ambient air'' and
``equivalent method;'' and the deletion of the existing definitions of
``primary air mass station,'' ``primary ground level monitoring
station,'' and ``special station'' in OAR 340-31-005. The ambient
standards for suspended particulate matter (OAR 340-31-015) were
amended by adding standards for PM10. Finally, the ambient
standards for total suspended particulates (OAR 340-31-015), sulfur
dioxide (OAR 340-31-020), carbon monoxide (OAR 340-31-025), ozone (OAR
340-31-030), nitrogen dioxide (OAR 340-31-040), and lead (OAR 340-31-
055) were amended to clarify monitoring methods and averaging times. In
addition, the existing ambient standard for hydrocarbons (OAR 340-31-
035) was rescinded.
Finally, the Prevention of Significant Deterioration Rules were
amended by clarifying that the ambient air increments for particulate
matter (OAR 340-31-110) were measured in terms of total suspended
particulates.
On January 20, 1989, the Director of the ODEQ submitted amendments
to the Air Contaminant Discharge Permit rules to effect changes to the
permit fee provisions in OAR 340-20-155, Table 1 and OAR 340-20-165.
These changes updated the fee table and clarified that the application
processing fee must be submitted with the application for a permit or
permit renewal.
On September 14, 1989, the Director of the ODEQ submitted an
amendment to the New Source Review Rules as they apply to the Klamath
Falls PM10 area. This amendment lowered the major source size
threshold for new and modified major sources in the Klamath Falls Urban
Growth Area from 15 tons of PM10 per year to 5 tons of PM10
per year by revising the definition of ``significant emission rate'' in
OAR 340-20-225(22). However, the amended rules exempt sources with
PM10 emissions of less than 15 tons per year from the requirement
to apply the lowest achievable emission rate (LAER). In addition,
sources with PM10 emissions between 5 and 15 tons per year may
choose to apply LAER rather than to obtain emission offsets.
On October 13, 1989, the Director of the ODEQ submitted an
amendment to the ``Specific Air Pollution Control rules for the
Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban
Growth Area'' (OAR 340-30-005 through 111). This amendment added a new
OAR 340-30-111 (Emission Offsets) which establishes an emission offset
ratio for new or modified sources of 1.2 to 1 for the Medford-Ashland
Air Quality Maintenance Area.
On November 15, 1991, the Director of the ODEQ submitted further
amendments to Oregon's Ambient Air Quality Standards (OAR 340-31-015
through 030, 040, and 055). These amendments clarified the
applicability of the standards to any site in the ambient air.
On August 26, 1992, the Director of the ODEQ submitted amendments
to
[[Page 10459]]
Oregon's New Source Review Rules (OAR 340-20-225) and Prevention of
Significant Deterioration Rules (OAR 340-31-110) to add provisions
implementing the PSD increments for nitrogen dioxide. These amendments
revised the definitions of ``baseline concentration'' (OAR 340-20-
225(2)) and ``baseline period'' (OAR 340-20-225(3)) to accommodate the
new nitrogen dioxide increments and added the nitrogen dioxide
increments themselves to OAR 340-31-110 (Ambient Air Increments).
On November 16, 1992, the Director of the ODEQ submitted amendments
to Oregon's New Source Review Rules (OAR 340-20-220 to 270) to
implement the new requirements of the Clean Air Act Amendments of 1990
for nonattainment area (Part D) new source review programs. These
amendments revised the definitions of the terms ``baseline period,''
``nonattainment area,'' ``significant emission rate,'' and ``source''
in OAR 340-20-225. The amendments also revised the requirements for new
and modified major sources proposing to locate in nonattainment areas
at OAR 340-20-240 (Requirements for Sources in Nonattainment Areas),
OAR 340-20-241 (Growth Increments), OAR 340-20-255 (Baseline for
Determining Credit for Offsets), OAR 340-20-260 (Requirements for Net
Air Quality Benefit), and OAR 340-20-265 (Emission Reduction Credit
Banking).
On May 28, 1993, the Director of the ODEQ submitted numerous
amendments to Oregon's permit rules in OAR Chapter 340, Division 14,
Division 20, and Division 31. These amendments are nearly all editorial
in nature and include updating statutory citations, correcting cross
references, and correcting typographical and grammatical errors. The
only other changes are minor changes in public notice procedures for
consistency with State statutes and a clarification of the requirement
for certain sources to register under the State's registration program.
On November 15, 1993, the Director of the ODEQ submitted extensive
amendments to the State rules which affect the permitting and
regulation of stationary sources, including permits to construct, State
operating permits, prevention of significant deterioration, Part D new
source review, stack heights and dispersion techniques, excess
emissions, and other provisions. These amendments involve the creation
of a new OAR Chapter 340, Division 28, Stationary Source Air Pollution
Control and Permitting Procedures and the relocation of much of the OAR
Chapter 340, Division 20 provisions to this new Division 28.
Additionally, conforming amendments were made to OAR Chapter 340,
Division 14, and Division 31. Specifically, OAR Chapter 340, Division
14, Procedures for Issuance, Denial, Modification, and Revocation of
Permits, Section 007 (Exceptions) was amended to exempt federal
operating permits issued pursuant to the new OAR Chapter 340, Division
28, from the requirements of Division 14. OAR Chapter 340, Division 20,
General Air Pollution Control Regulations was amended by revising,
renumbering, and relocating the following provisions of OAR Chapter
340, Division 20, to the new OAR Chapter 340, Division 28:
340-20-001 (Highest and Best Practicable Treatment and Control
Required);
340-20-005 through -015 (Registration);
340-20-020 through -030 (Notice of Construction and Approval of Plans);
340-20-032 (Compliance Schedules);
340-20-035 (Sampling, Testing and Measurement of Air Contaminant
Emissions);
340-20-037 (Stack Heights and Dispersion Techniques);
340-20-040 (Methods);
340-20-045 (Department Testing);
340-20-046 (Records; Maintaining and Reporting);
340-20-140 through -185 (Air Contaminant Discharge Permits);
340-20-220 through -276 (New Source Review);
340-20-300 through -320 (Plant Site Emission Limits);
340-20-350 through -380 (Excess Emissions);
340-20-450 through -480 (Emission Statements for VOC and NOX
Sources); and
340-20-500 through -660 (Major Source Interim Emission Fees).
The new OAR Chapter 340, Division 28, Stationary Source Air
Pollution Control and Permitting Procedures includes most of Oregon's
rules of procedure that apply to stationary sources of air pollution.
Specifically, Division 28 includes:
340-28-100 (Purpose, Application and Organization);
340-28-110 (Definitions);
340-28-200 through -400 (Rules Applicable to All Stationary Sources);
340-28-500 through -520 (Registration);
340-28-600 through -640 (Highest and Best Practicable Treatment and
Control Required);
340-28-700 (Compliance Schedules);
340-28-800 through -820 (Notice of Construction and Approval of Plans);
340-28-900 (Rules Applicable to Sources Required to Have Air
Contaminant Discharge Permits or Federal Operating Permits);
340-28-1000 through -1060 (Plant Site Emission Limits);
340-28-1100 through -1140 (Sampling, Testing and Measurement of Air
Contaminant Emissions);
340-28-1400 through -1460 (Excess Emissions and Emergency Provision);
340-28-1500 through -1520 (Emission Statements for VOC and NOx Sources
in Ozone Nonattainment Areas);
340-28-1600 (Rules Applicable to Sources Required to Have Air
Contaminant Discharge Permits);
340-28-1700 through -1770 (Air Contaminant Discharge Permits);
340-28-1900 through -2000 (New Source Review);
340-28-2100 through -2320 (Rules Applicable to Sources Required to Have
Federal Operating Permits);
340-28-2400 through -2550 (Major Source Interim Emission Fees); and
340-28-2560 through -2740 (Federal Operating Permit Fees).
While the provisions relating to the Federal operating permit
program are new, the remaining provisions are provisions from OAR
Chapter 340, Division 20, that have been revised, renumbered, and
relocated into this new Division 28. Note that the provisions relating
to the Federal operating permit program (OAR 340-28-1460, 340-28-2100
through -2260, OAR 340-28-2280 through -2320, and 340-28-2560 through -
2740) were granted interim approval by EPA on December 2, 1994 (59 FR
61820), and full approval on September 28, 1995 (60 FR 50106), and are
not being acted on in this rulemaking which addresses only revisions to
the Oregon SIP. Finally, OAR Chapter 340, Division 31 (Air Pollution
Control Standards for Air Purity and Quality) was amended by
renumbering and relocating the definition of ``baseline concentration''
from Division 20, renumbering and relocating the definitions located in
OAR 340-31-105 to OAR 340-31-005, and by adding new definitions of
``particulate matter,'' ``PM10,'' and ``total suspended
particulates.''
On December 14, 1993, the Director of the ODEQ submitted technical
corrections to OAR Chapter 340, Division 28, as submitted on November
15, 1993. These technical corrections clarified the effective dates for
OAR 340-28-600 through -640 and the SIP submittal status of OAR 340-28-
1520.
On November 14, 1994, the Director of the ODEQ submitted further
[[Page 10460]]
amendments to OAR Chapter 340, Division 28. These amendments correct
and clarify the requirements for permits to construct for new and
modified sources that are not new major stationary sources or major
modifications to existing major stationary sources (the ``minor'' new
source review program), specifically, OAR 340-28-110 (Definitions), OAR
340-28-1910 (Procedural Requirements), and OAR 340-28-2270
(Construction/Operation Modification). The amendments also correct an
incorrect cross reference in OAR 340-28-1430 (Upsets and Breakdowns).
On June 1, 1995, the Director of the ODEQ submitted additional
amendments to the New Source Review Rules as they apply to the Lakeview
PM10 nonattainment area. First, the amendments lowered the major
source size threshold for new and modified major sources in the
Lakeview PM10 nonattainment area from 15 tons of PM10 per
year to 5 tons of PM10 per year by revising the definition of
``significant emission rate'' in OAR 340-28-110(105). Second, the
amended rules (OAR 340-28-1930(7)) exempt sources with PM10
emissions of less than 15 tons per year from the requirement to apply
the lowest achievable emission rate (LAER). However, sources with
PM10 emissions between 5 and 15 tons per year may choose to apply
LAER rather than to obtain emission offsets.
On September 27, 1995, the Director of the ODEQ submitted
amendments to Oregon's Prevention of Significant Deterioration Rules
(OAR 340-31-005 through -155) to change the indicator for the PSD
increments for particulate matter from total suspended particulates
(TSP) to PM10. These amendments revised the definition of
``baseline concentration'' in OAR 340-31-005(4) to establish a new
PM10 baseline date for the Umatilla, Wallowa-Whitman, Ochoco, and
Malheur National Forests in northeastern Oregon; changed the indicator
for the particulate matter increments in OAR 340-31-110 (Ambient Air
Increments) from TSP to PM10; and clarified in OAR 340-31-120
(Restriction on Area Classifications) that the boundaries of Federal
Class I areas conform to changes made to the boundaries of the areas
after the Clean Air Act Amendments of 1977.
On October 8, 1996, the Director of the ODEQ submitted further
amendments to OAR Chapter 340, Division 28. These amendments included
technical clarifications and corrections to OAR 340-28-0110
(Definitions), OAR 340-28-1060 (Plant Site Emission Limits for
Insignificant Activities), OAR 340-28-1410 (Planned Startup and
Shutdown), OAR 340-28-1430 (Upsets and Breakdowns), and OAR 340-28-1720
(Permit Required).
Finally, on January 22, 1996, the Director of the ODEQ submitted
further amendments to OAR Chapter 340, Division 28. These amendments
included technical clarifications and corrections to OAR 340-28-0110
(Definitions), OAR 340-28-0400 (Information Exempt from Disclosure),
OAR 340-28-0630 (Typically Available Control Technology), OAR 340-28-
1010 (Requirements for Plant Site Emission Limits), and OAR 340-28-1720
(Permit Required).
III. EPA Findings and Action
EPA has reviewed the submitted amendments to OAR Chapter 340,
Divisions 14, 20, 28, 30, and 31, and finds that they comply with the
Act and EPA's requirements for SIP programs that regulate stationary
sources. EPA's findings on each Division are as follows:
The amendments to OAR Chapter 340, Division 14 (amendments to OAR
340-14-005, -010, -015, -020, -025, -030, -035, -040, -045, and -050,
effective on March 10, 1993, and submitted on May 28, 1993, and
amendments to OAR 340-14-007 effective on March 10, 1993, and September
24, 1993, and submitted on May 28, 1993, and November 15, 1993,
respectively) are all administrative in nature and do not result in any
substantive changes to the provisions that are in the currently
approved Oregon SIP. As such, EPA is approving these amendments to
Division 14, as a revision to the Oregon SIP.
The November 15, 1993, submittal of amendments to OAR Chapter 340,
Division 20, was the rescission of provisions that have been amended,
renumbered, and relocated to the new OAR Chapter 340, Division 28.
Therefore, this submittal entirely supersedes the amendments to OAR
Chapter 340, Division 20, which were submitted on May 20, 1988, January
20, 1989, September 14, 1989, August 26, 1992, November 16, 1992, and
May 28, 1993. As discussed below, EPA is approving the amended and
renumbered provisions now located in OAR Chapter 340, Division 28, and
therefore, is approving the rescission of OAR 340-20-001, 340-20-005
through -046, 340-20-140 through -185, and 340-20-220 through -380, as
effective on September 24, 1993, and submitted on November 15, 1993, as
a revision to the Oregon SIP.
As discussed above, on September 24, 1993, Oregon amended and
relocated many of the provisions of OAR Chapter 340, Division 20, to
the new OAR Chapter 340, Division 28. The Division 20 provisions that
were relocated included all of the amended provisions that were
previously submitted to EPA as revisions to the Oregon SIP on May 20,
1988, January 20, 1989, September 14, 1989, August 26, 1992, November
16, 1992, and May 28, 1993, as described above. In addition to the
amended and relocated provisions from OAR Chapter 340, Division 20, new
provisions to implement the requirements of Title V of the Act and 40
CFR Part 70 were adopted, and new bridging provisions were established
to clarify the applicability of the provisions of this new Division
28.12 The majority of the amendments to the relocated Division 20
provisions were administrative in nature and involved renumbering and
corrections to cross-references to reflect the organization in the new
Division 28. Other amendments to the relocated Division 20 provisions
were changes necessary to reflect the addition of the new Title V
operating permits program and to clarify the relationship between
Oregon Air Contaminant Discharge Permits and the new Title V operating
permits. As described above in the various submittals of amendments to
Division 28, substantive changes have since been made to the provisions
in OAR 340-28-110 (Definitions), OAR 340-28-600 through -680 (Highest
and Best Practicable Treatment and Control Required), OAR 340-28-800
through -820 (Notice of Construction and Approval of Plans), OAR 340-
28-1000 through -1060 (Plant Site Emission Limits), OAR 340-28-1100
(Sampling, Testing and Measurement of Air Contaminant Emissions), OAR
340-28-1400 through -1460 (Excess Emissions and Emergency Provision),
and OAR 340-28-1700 through -1790 (Air Contaminant Discharge Permits),
and a new OAR 340-28-2270 (Construction/Operation Modifications) has
been added. Moreover, as discussed above, numerous technical
corrections and clarifications have been made throughout the new
Division 28. EPA has reviewed the provisions of the new Division 28 and
the submitted amendments that have been made since its initial adoption
on September 23, 1993, and finds that the rules meet the requirements
of the Act and EPA's regulations for SIPs as set forth in 40 CFR Part
51. As such, EPA is approving OAR Chapter 340, Division 28 (except
[[Page 10461]]
for those provisions implementing Title V, specifically, OAR 340-28-
1460, -2100 through -2260, and -2280 through -2740; except for OAR 340-
28-1050 which was not submitted by the State) as a revision to the
Oregon SIP.
---------------------------------------------------------------------------
\12\ The provisions related to Title V have been fully approved
pursuant to 40 CFR Part 70 (see 60 FR 50106, September 28, 1995),
are not included in the Oregon SIP, and are not specifically
addressed in this rulemaking.
---------------------------------------------------------------------------
The amendments to OAR Chapter 340, Division 30 submitted on October
13, 1989, involve the addition of a new section OAR 340-30-111
(Emission Offsets), effective September 26, 1989, which establishes an
offset ratio of 1.2 to 1 for new or modified sources located in the
Medford-Ashland Air Quality Maintenance Area. Since this offset ratio
is greater than that required for the Medford-Ashland PM10
nonattainment area, EPA finds the amendment to comply with the
requirements of the Act and EPA regulations and is therefore approving
the addition of OAR 340-30-111 as a revision to the Oregon SIP.
The amendments to OAR Chapter 340, Division 31, effective on May
19, 1988, and November 13, 1991 (submitted on May 20, 1988, and
November 15, 1991, respectively), provided for the addition of
PM10 ambient standards and clarifying revisions to the Oregon
ambient standards for total suspended particulates, sulfur dioxide,
carbon monoxide, ozone, nitrogen dioxide, and lead, as well as
clarifying that the PSD increments for particulate matter were measured
as total suspended particulates. The amendments to OAR Chapter 340,
Division 31, effective on March 30, 1992 (submitted August 26, 1992),
provided for the addition of PSD increments for NO2. The
amendments to OAR Chapter 340, Division 31, effective on March 10, 1993
(submitted on May 28, 1993), were only technical corrections and
clarifications to the rules. The amendments to OAR Chapter 340,
Division 31, effective on November 4, 1993 (submitted on November 15,
1993), simply relocated certain definitions from OAR 340-28-110 and OAR
340-31-105 to OAR 340-31-005. The amendments to OAR Chapter 340,
Division 31, effective on July 12, 1995 (submitted September 27, 1995),
provided for the replacement of the PSD increments for total suspended
particulates with PSD increments for PM10, a revision to the PSD
baseline date for an area in northeastern Oregon (the area within the
boundaries of the Umatilla, Wallowa-Whitman, Ochoco, and Malheur
National Forests), and a clarification to the boundaries of the
mandatory federal Class I areas (certain National Parks and National
Wilderness Areas) in Oregon. These amendments are consistent with EPA's
regulations in 40 CFR Part 50 and 40 CFR 51.166 and EPA is therefore
approving the amendments to OAR Chapter 340, Division 31, as revisions
to the Oregon SIP.
IV. Summary of EPA Action
EPA today approves several amendments to the ODEQ rules as
revisions to the Oregon SIP. Specifically, EPA approves:
(1) OAR 340-14-005, -010, -015, -020, -025, -030, -035, -040, -045,
and -050, as amended, effective March 10, 1993, and OAR 340-14-007, as
amended, effective September 24, 1993;
(2) the rescission of OAR 340-20-001, 340-20-005 through -046, 340-
20-140 through -185, and 340-20-220 through -380 as effective on
September 24, 1993;
(3) OAR 340-28-500, -510, -520, -810, -1030, -1040, -1120, -1130, -
1400, -1450, -1520, -1600, -1700, -1710, and -1920, as amended,
effective September 24, 1993; OAR 340-28-100, -200, -300, -700, -800, -
820, -900, -1000, -1020, -1100, -1110, -1140, -1420, -1440, -1500, -
1510, -1730, -1740, -1750, -1760, -1770, -1900, -1940, -1950, -1960, -
1970, -1980, -1990, and -2000, as amended, effective November 4, 1993;
OAR 340-28-600, -610, -620, and -640, as amended, effective January 1,
1994; OAR 340-28-1910 and -2270, as amended, effective October 28,
1994; OAR 340-28-1930, as amended, effective May 1, 1995; OAR 340-28-
1060, as amended, effective January 29, 1996; OAR 340-28-1410 and -
1430, as amended, effective September 24, 1996; OAR 340-28-110, -400, -
630, -1010 and -1720, as amended, effective October 22, 1996; the
rescission of OAR 340-28-1790 as effective September 24, 1993; and the
rescission of OAR 340-28-1780 as effective November 4, 1993;
(4) OAR 340-30-111 as effective September 26, 1989; and
(5) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030,
340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130, as
amended, effective March 10, 1993, the rescission of OAR 340-31-105 as
effective on November 4, 1993, and OAR 340-31-005, OAR 340-31-110, and
340-31-120, as amended, effective July 12, 1995.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective May 6, 1997 unless, by April 7, 1997, adverse or critical
comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective May 6, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
V. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. sections 603 and
604. Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, Part D, of the
Act do not create any new requirements, but simply approve requirements
that the state is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the Act,
preparation of a regulatory flexibility
[[Page 10462]]
analysis would constitute federal inquiry into the economic
reasonableness of state action. The Act forbids EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. E.P.A., 427 U.S.
246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by [insert date 60 days from date of
publication in the Federal Register]. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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), 42 U.S.C. 7607(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Note: Incorporation by reference of the Implementation Plan for
the State of Oregon was approved by the Director of the Office of
the Federal Register on July 1, 1982.
Dated: February 19, 1997.
Jane S. Moore,
Acting Regional Administrator.
Chapter I, title 40, of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart MM--Oregon
2. Section 52.1970 is amended by adding paragraph (c)(118) to read
as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(118) On October 13, 1989, the Director of the Oregon Department of
Environmental Quality submitted an amendment to OAR Chapter 340,
Division 30. On May 28, 1993, the Director of the Oregon Department of
Environmental Quality submitted amendments to OAR Chapter 340, Division
14, and Division 31. On November 15, 1993, the Director of the Oregon
Department of Environmental Quality submitted amendments to OAR Chapter
340, Division 14, Division 20, and Division 31, and a new Division 28.
On November 14, 1994, June 1, 1995, October 8, 1996, and January 22,
1997, the Director of the Oregon Department of Environmental Quality
submitted amendments to OAR Chapter 340, Division 28. On September 27,
1995, the Director of the Oregon Department of Environmental Quality
submitted amendments to OAR Chapter 340, Division 31.
(i) Incorporation by reference.
(A) OAR 340-14-005, -010, -015, -020, -025, -030, -035, -040, -045,
and -050, effective March 10, 1993; and OAR 340-14-007, effective
September 24, 1993.
(B) OAR 340-28-500, -510, -520, -810, -1030, -1040, -1120, -1130, -
1400, -1450, -1520, -1600, -1700, -1710, and -1920, effective September
24, 1993; OAR 340-28-100, -200, -300, -700, -800, -820, -900, -1000, -
1020, -1100, -1110, -1140, -1420, -1440, -1500, -1510, -1730, -1740, -
1750, -1760, -1770, -1900, -1940, -1950, -1960, -1970, -1980, -1990,
and -2000, effective November 4, 1993; OAR 340-28-600, -610, -620, and
-640, effective January 1, 1994; OAR 340-28-1910 and -2270, effective
October 29, 1994; OAR 340-28-1930, effective May 1, 1995; OAR 340-28-
1060, effective January 29, 1996; OAR 340-28-1410 and -1430, effective
September 24, 1996; and OAR 340-28-110, -400, -630, -1010 and -1720,
effective October 22, 1996.
(C) OAR 340-30-111, effective September 26, 1989.
(D) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030,
340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130,
effective March 10, 1993; and OAR 340-31-005, OAR 340-31-110, and 340-
31-120, effective July 12, 1995.
3. Section 52.1987 is amended by revising paragraph (a) to read as
follows:
Sec. 52.1987 Significant deterioration of air quality.
(a) The Oregon Department of Environmental Quality rules for
prevention of significant deterioration of air quality in OAR Chapter
340, Division 28, as effective on October 22, 1996, and OAR Chapter
340, Division 31, as effective on July 12, 1995, are approved as
meeting the requirements of Part C.
* * * * *
4. Section 52.1988 is revised to read as follows:
Sec. 52.1988 Air Contaminant discharge permits.
(a) Emission limitations and other provisions contained in Air
Contaminant Discharge Permits and Federal Operating Permits issued by
the State in accordance with the provisions of the OAR Chapter 340,
Division 28, Stationary Source Air Pollution Control and Permitting
Procedures incorporated by reference in Sec. 52.1970, except for
compliance schedules under OAR 340-
[[Page 10463]]
28-700 and alternative emission limits (bubbles) under OAR 340-28-1030
for sulfur dioxide or total suspended particulates which involve trades
where the sum of the increases in emissions exceeds 100 tons per year,
shall be the applicable requirements of the federally-approved Oregon
SIP (in lieu of any other provisions) for the purposes of Section 113
of the Clean Air Act and shall be enforceable by EPA and by any person
in the same manner as other requirements of the SIP.
(b) Emission limitations and other provisions contained in Air
Contaminant Discharge Permits and Federal Operating Permits issued by
the Lane Regional Air Pollution Authority in accordance with the
provisions of the federally-approved Air Contaminant Discharge Permits
rules (Title 34) and Plant Site Emission Limit rules (Title 32, Section
32-100 through -104) and in conjunction with provisions of the OAR
Chapter 340, Division 28, Stationary Source Air Pollution Control and
Permitting Procedures incorporated by reference in Section 52.1970,
except for compliance schedules under Title 15, Section 020, or Title
34, Section 050, and alternative emission limits (bubbles) under Title
32, Section 32-103, for sulfur dioxide or total suspended particulates
which involve trades where the sum of the increases in emissions
exceeds 100 tons per year, shall be the applicable requirements of the
federally-approved Oregon SIP (in lieu of any other provisions) for the
purposes of Section 113 of the Clean Air Act and shall be enforceable
by EPA and by any person in the same manner as other requirements of
the SIP.
PART 81--[AMENDED]
1. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 81.338 is amended by removing the table titled Oregon--
TSP in its entirety.
3. Section 81.338 is amended by revising the table titled Oregon
PM-10 to read as follows:
Sec. 81.338 Oregon.
* * * * *
Oregon--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated Area ---------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
Central Oregon Intrastate AQCR 190:
Lakeview (the Urban Growth Boundary 10/25/93 Nonattainment............. 10/25/93 Moderate.
area).
Klamath Falls (the Urban Growth 11/15/90 Nonattainment............. 11/15/90 Moderate.
Boundary area).
Remainder of AQCR 190................. 11/15/90 Unclassifiable
Eastern Oregon Intrastate AQCR 191:
LaGrande (the Urban Growth Boundary 11/15/90 Nonattainment............. 11/15/90 Moderate.
area).
Remainder of AQCR 191................. 11/15/90 Unclassifiable
Northwest Oregon Intrastate AQCR 192...... 11/15/90 Unclassifiable
Portland Interstate AQCR 193 (Oregon
Portion):
Portland-Vancouver (portion of the Air 11/15/90 Unclassifiable
Quality Maintenance Area).
Eugene/Springfield (the Urban Growth 11/15/90 Nonattainment............. 11/15/90 Moderate.
Boundary area).
Oakridge (the Urban Growth Boundary 1/20/94 Nonattainment............. 1/20/94 Moderate.
area).
Remainder of AQCR 193 (Oregon Portion) 11/15/90 Unclassifiable
Southwest Oregon Intrastate AQCR 194:
Medford-Ashland Air Quality 11/15/90 Nonattainment............. 11/15/90 Moderate.
Maintenance Area (including White
City).
Grants Pass (the Urban Growth Boundary 11/15/90 Nonattainment............. 11/15/90 Moderate.
area).
Remainder of AQCR 194................. 11/15/90 Unclassifiable
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 97-5645 Filed 3-6-97; 8:45 am]
BILLING CODE 6560-50-P
