[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)]
[Rules and Regulations]
[Pages 37393-37395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18201]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OR-54-7269a; FRL-5515-3]
Approval and Promulgation of Implementation Plans: Oregon
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: Environmental Protection Agency (EPA) approves a revision to
the State of Oregon Implementation Plan. EPA is approving, as required
by the Clean Air Act, a source-specific Reasonably Available Control
Technology (RACT) volatile organic compound (VOC) emissions standard
for the Intel Corporation semiconductor manufacturing facility in
Portland, Oregon.
DATES: This action is effective on September 16, 1996 unless adverse or
critical comments are received by August 19, 1996. 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), EPA Region 10, 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,
DC 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 (OAQ-107), Seattle, Washington 98101,
and the Oregon Department of Environmental Quality, 811 S.W. Sixth
Avenue, Portland, Oregon 97204-1390.
FOR FURTHER INFORMATION CONTACT: Angela McFadden, Office of Air Quality
(OAQ-107), EPA Region 10, Seattle, Washington 98101, phone (206) 553-
6908.
SUPPLEMENTARY INFORMATION:
I. Background
Section 172 (a)(2) and (b)(3) of the Clean Air Act, as amended in
1977 (1977 Act), required sources of VOC to install, at a minimum, RACT
in order to reduce emissions of this pollutant. EPA has defined RACT as
the lowest emission limit that a particular source is capable of
meeting by the application of control technology that is reasonably
available considering technological and economic feasibility (44 FR
53761, September 17, 1979). EPA has developed Control Technology
Guidelines (CTGs) for the purpose of informing State and local air
pollution control agencies of air pollution control techniques
available for reducing emissions of VOC from various categories of
sources. Each CTG contains recommendations to the States of what EPA
calls the ``presumptive norm'' for RACT. This general statement of
agency policy is based on EPA's evaluation of the capabilities of, and
problems associated with, control technologies currently used by
facilities within individual source categories. EPA has recommended
that the States adopt requirements consistent with the presumptive norm
level.
On March 3, 1978, the entire Portland-Vancouver Interstate Air
Quality Maintenance Area was designated by EPA as a nonattainment area
for ozone. The Portland-Vancouver Interstate Air Quality Maintenance
Area contains the urbanized portions of three counties in Oregon
(Clackamas, Multnomah, and Washington) and one county (Clark) in the
State of Washington.
The 1977 Act required States to submit plans to demonstrate how
they would attain and maintain compliance with national ambient air
standards for those areas designated nonattainment. The 1977 Act
further required these plans to demonstrate compliance with primary
standards no later than December 31, 1982. An extension up to December
31, 1987, was possible if the State could demonstrate that, despite
implementation of all reasonably available control measures, the
December 31, 1982, date could not be met.
On October 7, 1982, EPA approved the Portland-Vancouver area ozone
attainment plan, including an extension of the attainment date to
December 31, 1987 (47 FR 44262).
On June 15, 1988, pursuant to Section 110(a)(2)(H) of the pre-
amended Clean Air Act, former EPA Regional Administrator Robie Russell
notified the State of Oregon by letter that the State
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Implementation Plan (SIP) for the Portland-Vancouver area was
substantially inadequate to provide for timely attainment of the NAAQS.
In that letter, EPA identified specific actions needed to correct
deficiencies in State regulations representing RACT for sources of VOC.
Further, the Clean Air Act, as amended in 1990 (amended Act), also
requires States to correct deficiencies. In amended Section
182(a)(2)(A), Congress statutorily adopted the requirement that ozone
nonattainment areas fix their deficient RACT rules for ozone. Areas
designated nonattainment before the effective date of the amendments,
and which retained that designation and were classified as marginal or
above as of the effective date, are required to meet the RACT fix-up
requirement. Under Section 182(a)(2)(A), States with such nonattainment
areas were mandated to correct their RACT requirements by May 15, 1991.
The corrected requirements were to be in compliance with Section 172(b)
as it existed before the amendments and as that section was interpreted
in the pre-amendment guidance. The SIP call letter interpreted that
guidance and indicated corrections necessary for specific nonattainment
areas. The Portland part of the Portland-Vancouver nonattainment area
is classified as marginal. Therefore, this area is subject to the RACT
fix-up requirement and the May 15, 1991, deadline.
On May 15, 1991, the State of Oregon submitted Oregon
Administrative Rules (OAR) 340-22-100 through 340-22-220, General
Emission Standards for Volatile Organic Compounds, as an amendment to
the Oregon SIP. On October 7, 1982, EPA approved these revisions to the
Oregon SIP (58 FR 50848).
On November 20, 1995, the State of Oregon submitted a source-
specific RACT VOC emissions standard for the Intel Corporation
semiconductor manufacturing facility in Portland, Oregon. This RACT
determination limits VOC emissions from the solvent cleaning stations
at the Intel Corporation semiconductor manufacturing facility in
Portland, Oregon, to 0.0002 pounds per square centimeter of wafer
processed, and requires that each sink operate with a freeboard ratio
of at least 0.7, have a visible fill line, and be equipped with a cover
that is readily opened and closed, and that the cover be closed during
idle periods if the sink contains any free standing solvents (refer to
Page 11 of operating permit #34-2681, issued to Intel Corporation by
the Oregon Department of Environmental Quality). This Federal Register
document is to propose approval of the rule revision as an amendment to
the SIP.
II. This Action
EPA is approving the revision to the State of Oregon Implementation
Plan submitted on November 20, 1995, as an amendment. The RACT
determination meets all of the applicable requirements of the Act as
determined by EPA.
III. Administrative Review
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 CAA
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 CAA,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
CAA 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).
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 on 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
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air
Act Amendments enacted on November 15, 1990. The EPA has determined
that this action conforms with those requirements.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, and in relation to relevant statutory and
regulatory requirements.
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 has exempted
this regulatory action from E.O. 12866 review.
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 September 16, 1996 unless, by August 19, 1996, 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 September 16, 1996.
Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of
[[Page 37395]]
this action must be filed in the United States Court of Appeals for the
appropriate circuit by by September 16, 1996. 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Ozone, 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: May 22, 1996.
Jane S. Moore,
Acting Regional Administrator.
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: 42 U.S.C. 7401-7671q.
Subpart MM--Oregon
2. Section 52.1970 is amended by adding paragraph (c)(114) to read
as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * * (114) On November 20, 1995, the Director of the Oregon
Department of Environmental Quality (ODEQ) submitted a Reasonably
Available Control Technology Standards (RACT) determination for VOC
emissions from the Intel Corporation facility in Portland, Oregon.
(i) Incorporation by reference.
(A) The letter dated November 20, 1995, from the Director of ODEQ
submitting a SIP revision for a RACT determination contained in Intel's
Oregon Title V Operating Permit for VOC emissions, consisting of permit
# 34-2681 expiration date 10-31-99, page 11 of 32 pages, effective date
September 24, 1993 (State-effective date of the Oregon Title V
Program).
[FR Doc. 96-18201 Filed 7-17-96; 8:45 am]
BILLING CODE 6560-50-P
