[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Rules and Regulations]
[Pages 24935-24936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11882]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OR-67-7282, OR-70-7285; FRL-5976-5]
Approval and Promulgation of State Implementation Plans: Oregon
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: Pursuant to procedures described in the January 19, 1989
Federal Register, EPA recently approved two minor State Implementation
Plan (SIP) revisions submitted by the Oregon Department of
Environmental Quality (ODEQ). These revisions include: changes to the
definition of Volatile Organic Compounds (VOC) in the Oregon
Administrative Rules (OAR) consistent with changes made in the federal
definition and delisting certain compounds no longer considered VOCs;
and, changes in the OAR that increase Air Contaminant Discharge Permit
Fees for stationary sources to recover costs of operating the state
permit program. This document lists the revisions EPA has approved and
incorporates the relevant material into the Code of Federal
Regulations.
EFFECTIVE DATE: June 5, 1998.
ADDRESSES: Copies of Oregon's State SIP revision requests and EPA's
letter notices of approval are available for public inspection during
normal business hours at the following locations: EPA, Region 10,
Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington
98101; State of Oregon Department of Environmental Quality, 811 SW
Sixth Ave., Portland, OR 97204-1390.
FOR FURTHER INFORMATION CONTACT: Tracy Oliver, Office of Air Quality
(OAQ-107), EPA, Seattle, Washington, (206) 553-1388.
SUPPLEMENTARY INFORMATION: EPA Region 10 has approved the following
minor SIP revision requests under section 100(a) of the Clean Air Act
(Act):
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Date of Date of
State Subject matter submission approval
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OR..................................... Changes to the definition of VOC in the 5-22-97 6-16-97
OAR consistent with changes in the
federal definition. Delisting
perchloroethylene, acetone, HFC 43-
10mee and HCFC 225ca and cb which are
no longer considered VOCs.
OR..................................... Changes in the OAR that increase the 11-13-97 2-13-98
Air Contaminate Permit Fees for
stationary sources and allow the state
to recover the costs of operating the
permit program.
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[[Page 24936]]
EPA has determined that each of these SIP revisions complies with
all applicable requirements of the Act and EPA policy and regulations
concerning such revisions. Due to the minor nature of these revisions,
EPA concluded that conducting notice-and-comment rulemaking prior to
approving the revisions would have been ``unnecessary and contrary to
the public interest'' and hence not required by the Administrative
Procedure Act, 5 U.S.C. 553(b). Each of these SIP approvals became
final and effective on the date of EPA approval as listed in the chart
above.
I. Administrative Requirements
A. Executive Order 12866
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. 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
Clean Air 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, the
Administrator certifies 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 CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of State action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (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 Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 6, 1998. 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Note: Incorporation by reference of the Implementation Plan for
the State of Oregon was approved by the Director of the Office of
Federal Register on July 1, 1982.
Dated: February 20, 1998.
Chuck Findley,
Acting Regional Administrator, Region X.
Part 52, 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: U.S.C. 7401 et seq.
Subpart MM--Oregon
2. Section 52.1970 is amended by adding paragraph (c)(123) to read
as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(123) On May 22, 1997, ODEQ submitted changes to the definition of
Volatile Organic Compounds (VOC) in the Oregon Administrative Rules
(OAR) consistent with changes made in the federal definition and
delisted certain compounds no longer considered VOCs under the new
definition. On November 13, 1997, ODEQ submitted changes in the OAR
that increased Air Contaminant Discharge Permit Fees for stationary
sources to recover costs of operating the state permit program.
(i) Incorporation by reference.
(A) Oregon Administrative Rules 340-022-0102(73) and 340-028-
0110(129), effective May 9, 1997; Oregon Administrative Rule 340-028-
1750, effective August 27, 1997.
[FR Doc. 98-11882 Filed 5-5-98; 8:45 am]
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