Approval and Promulgation of Implementation Plans: Oregon

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OR35-1-6188a, OR43-1-6523a, OR36-1-6298a; FRL-5113-7]

Approval and Promulgation of Implementation Plans: Oregon

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) is approving revisions

to the State of Oregon's Air Quality Control Plan Volume 2 (The Federal

Clean Air Act State Implementation Plan and Other State Regulations).

Specifically, EPA is approving revisions to Oregon Administrative Rules

(OAR) Chapter 340, Division 25 and revisions to Title 47 of Lane

Regional Air Pollution Authority (LRAPA).

The revisions to Division 25, submitted to EPA on May 28, 1993, and

November 15, 1993, and the revisions to Title 47, submitted on April

13, 1994, satisfy the requirements of section 110 of the Clean Air Act

(CAA) and 40 CFR part 51.

DATES: This final rule is effective on March 13, 1995, unless adverse

or critical comments are received by February 10, 1995. 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, Air & Radiation Branch (AT-082), EPA, 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, Air &

Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington

98101, and the Oregon Department of Environmental Quality, 811 SW.

Sixth Avenue, Portland, Oregon 97204-1390.

FOR FURTHER INFORMATION CONTACT: Rindy Ramos, Air & Radiation Branch

(AT-082), EPA, Seattle, Washington 98101, (206) 553-6510.

SUPPLEMENTARY INFORMATION:

I. Background

The Oregon Department of Environmental Quality (ODEQ) submitted to

EPA two separate revisions to OAR, Division 25 on May 28, 1993. A

third, and separate revision, to Division 25 was submitted on November

15, 1993. In addition, ODEQ submitted a revision to Lane Regional Air

Pollution Authority's (LRAPA) Title 47, Outdoor Open Burning, on April

13, 1994.

The first revision to Division 25, submitted May 28, 1993, became

state effective on January 24, 1990. The submittal contained revisions

to Oregon's Kraft Pulp Mill Rules (OAR 340-25-150 through 205) and

Oregon's Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills (OAR 340-25-

220 through 234).

The second revision submitted on May 28, 1993, to Division 25

became state effective March 10, 1993. This revision contained

editorial changes to the following rules: Wigwam Waste Burners (OAR

340-25-005 through 025), Hot Mix Asphalt Plants (OAR 340-25-105 through

125), Kraft Pulp Mills (OAR 340-25-150 through 205), Primary Aluminum

Plants (OAR 340-25-255 through 285), Specific Industrial Standards (OAR

340-25-305 through 325), Regulations for Sulfite Pulp Mills (OAR 340-

25-350 through 380), and Laterite Ore Production of Ferronickel (OAR

340-25-405 through 430). The editorial changes are considered

housekeeping in nature.

A third revision to Division 25 submitted November 15, 1993, became

state effective November 4, 1993. This submittal contained specific

revisions to OAR 340-25-160, 222, 275, 310, and 420.

The revision to LRAPA's Title 47, Outdoor Open Burning, submitted

on April 13, 1994, became state effective January 1, 1993. This

submittal revised Sections 47-010, 47-015, 47-020, 47-025, and 47-030.

[[Page 2691]]

II. Discussion

OAR 340-25-150 to 205 and OAR 340-25-220 to 234

A revision to OAR Chapter 340, Division 25, specifically revisions

to the Kraft Pulp Mill rules (sections 150 to 205), was previously

submitted to EPA on May 30, 1986. During EPA's review, numerous

deficiencies were noted and conveyed to ODEQ. A major deficiency was

the lack of a demonstration ensuring attainment and maintenance of the

National Ambient Air Quality Standards (NAAQS), a demonstration that

the revision would not result in significant deterioration of air

quality, and an insurance of progress towards meeting the national

visibility goal.

The above demonstration was needed, in part, because the revision

included an increase in the allowable opacity limit from 20% to 35% for

kraft recovery furnaces. Of primary concern were those sources located

in Special Control Areas as defined in OAR 340-21-010.

To address EPA's concerns, ODEQ conducted an analysis identifying

the sources affected by the revised opacity limits, quantified the

theoretical changes in emissions, and predicted the maximum particulate

impacts. The analysis concluded that the rule revision will ensure

attainment and maintenance of the NAAQS, will not result in significant

deterioration of air quality, and will ensure progress towards meeting

the national visibility goal. This analysis accompanied the May 28,

1993 submittal.

The submittal also contained new rules (OAR 340-25-220 through 234)

for Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills. Prior to

development of these regulations, emissions from this source class were

regulated by the state's sulfite pulp mill regulations. To more

accurately control emissions from neutral sulfite semi-chemical pulp

mills, specific regulations were developed.

EPA has determined that the Kraft Pulp Mill regulations (OAR 340-

25-150 through 205) and the Neutral Sulfite Semi-Chemical Pulp Mill

regulations (OAR 340-25-220 through 234), as they relate to particulate

matter and sulfur dioxide, meet the requirements of the Clean Air Act,

as amended, and 40 CFR Part 51. The rules include well defined short

term (3 hour and 24 hour) emission standards required to conform with

the appropriate short term NAAQS. The emission standards, therefore;

satisfy EPA's enforceability requirements.

In addition to particulate matter and sulfur dioxide, the

regulations discussed above set specific emission limitations for total

reduced sulfur (TRS). Because TRS is not a pollutant for which a NAAQS

has been established, EPA is taking no action to either approve or

disapprove those portions of the regulations relating to TRS and they

are not to be considered as official portions of the SIP. EPA is

therefore approving OAR 340-25-150 through 205 and OAR 340-25-220

through 234 excluding all references to TRS.

OAR 340-25-005 to 025 and OAR 340-25-105 to 430

ODEQ submitted to EPA housekeeping amendments to OAR Chapter 340,

Divisions 14, 20 through 27, 30, 31, and 34 on May 28, 1993, as one

submittal packet. EPA has decided to separate the Division 25

amendments from the May 28, 1993, submittal and take action on the

amendments in this notice. The remaining divisions revised by the

housekeeping amendments will be acted on separately.

The housekeeping amendments include updated statutory citations,

the removal of passed compliance dates and outdated regulations, and

correcting typographical and grammatical errors. The amendments do not

have any administrative, legal or economic effect. EPA is approving the

revision as submitted.

OAR 340-25-160, 222, 275, 310, and 420

The November 15, 1993, submittal repealed the general authority

requiring the highest and best practicable treatment and control of air

contaminant emissions contained in the above rules. The general

authority requiring the highest and best practicable treatment and

control of air contaminant emission is now contained in OAR 340-28-600.

EPA is approving the revision as submitted.

LRAPA Title 47--Outdoor Open Burning

The April 13, 1994, submittal contained revisions to LRAPA's Title

47, specifically revisions to Sections 47-010, 47-015, 47-020, 47-025,

and 47-030.

Title 47 was revised, in part, to reduce emissions from backyard

open burning in the area outside the city limits of Eugene and

Springfield, Oregon, but inside the Eugene-Springfield Urban Growth

Area (ESUGA). The rules restrict burning to only woody yard materials

on lots of one-half acre or more. The rules also ban commercial,

industrial and demolition burning within the ESUGA. However, prescribed

burning of standing vegetation may be permitted under certain

conditions (see section 47-020).

The rules, which meet EPA's enforceability requirements, will

reduce smoke impacts and result in a reduction in particulate matter

emissions in the ESUGA. The rules are also more stringent than the

existing federally approved regulations. EPA is approving the revision

as submitted.

III. Summary of Action

EPA is approving revisions to OAR Chapter 340, Division 25, as

submitted on May 28, 1993 and November 15, 1993, except for those rules

which pertain to TRS. EPA is also approving a revision to LRAPA's Title

47 as submitted April 13, 1994.

IV. 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. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2).

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 March 13, 1995, unless, within 30 days of its publication,

adverse or critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the

[[Page 2692]]

effective date by publishing a subsequent notice 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 March 13, 1995.

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 by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The OMB has exempted this regulatory action from

E.O. 12866 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 March 13, 1995. 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, Incorporation by

reference, Intergovernmental relations, Particulate matter, Reporting

and recordkeeping requirements, and Sulfur oxides.

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: November 16, 1994.

Chuck Clarke,

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)(110) to read

as follows:

Sec. 52.1970 Identification of plan.

* * * * *

(c) * * *

(110) On May 28, 1993, the Director of ODEQ submitted two separate

sets of revisions to its air quality regulations, OAR, Chapter 340,

Division 25. One submittal was housekeeping amendments affecting all of

Division 25; the second submittal was specifically Kraft Pulp Mill

rules (OAR 340-25-150 through -205) and Neutral Sulfite Semi-Chemical

Pulp Mill regulations (OAR 340-25-220 through -234). On November 15,

1993, the Director of ODEQ submitted a revision to OAR, Chapter 340,

Division 25. On April 13, 1994, the Director of ODEQ submitted

revisions to the Oregon SIP for LRAPA's Title 47, Outdoor Open Burning.

(i) Incorporation by reference.

(A) EPA received on May 28, 1993, two letters from the Director,

ODEQ, to the Regional Administrator, EPA, submitting housekeeping

amendments to Division 25: Housekeeping amendments to Division 25 (OAR

340-25-005 through 025 and OAR 340-25-105 through 340-25-430),

effective March 10, 1993; and revisions to the Oregon SIP for Kraft

Pulp Mill Amendments and Neutral Sulfite Semi-Chemical Pulp Mill

Regulations: Kraft Pulp Mill Rules (OAR 340-25-150 through 205) and the

Neutral Sulfite Semi-Chemical Pulp Mill Pulp Mills (OAR 340-25-220

through 234), excluding all references to total reduced sulfur,

effective January 24, 1990.

(B) November 15, 1993, letter from the Director, ODEQ, to the

Regional Administrator, EPA, submitting revisions to the Oregon SIP for

OAR, Chapter 340, Division 25: Amendments to OAR Chapter 340, Division

25 (OAR 340-25-160, 340-25-222, 340-25-275, 230-25-310, 340-25-420),

effective November 4, 1993.

(C) April 13, 1994, letter from the Director, ODEQ, to the Regional

Administrator, EPA, submitting revisions to LRAPA, Title 47: Title 47,

Lane Regional Air Pollution Authority, August 11, 1992, Outdoor Open

Burning, effective January 1, 1993.

3. Section 52.1977 is amended by revising the entry for ``Division

25-Specific Industrial Standards Construction and Operation of Wigwam

Waste Burners,'' and the entry for ``3.2 Lane Regional Air Pollution

Authority Regulations, Title 47 Rules for Open Outdoor Burning.''

Sec. 52.1977 Content of approved State submitted implementation plan.

* * * * *

Division 25--Specific Industrial Standards Construction and Operation

of Wigwam Waste Burners

Sec. 005 Definitions (3-10-93)

Sec. 010 Statement of Policy (3-10-93)

Sec. 015 Authorization to Operate a Wigwam Burner (3-10-93)

Sec. 020 Emission and Operation Standards for Wigwam Waste Burners

(3-10-93)

Sec. 025 Monitoring and Reporting (3-10-93)

Hot Mix Asphalt Plants

Sec. 105 Definitions (3-10-93)

Sec. 110 Control Facilities Required (3-10-93)

Sec. 115 Other Established Air Quality Limitations (3-10-93)

Sec. 120 Portable Hot Mix Asphalt Plants (3-10-93)

Sec. 125 Ancillary Sources of Emission--Housekeeping of Plant

Facilities (3-10-93)

Kraft Pulp Mills

Sec. 150 Definitions--excluding any reference to TRS (3-10-93)

Sec. 155 Statement of Policy (3-10-93)

Sec. 160 Repealed

Sec. 165 Emission Limitations--excluding any reference to TRS (3-

10-93)

Sec. 170 More Restrictive Emission Limits (3-10-93)

Sec. 175 Plans and Specifications (3-10-93)

Sec. 180 Monitoring--excluding any reference to TRS (3-10-93)

Sec. 185 Reporting--excluding any reference to TRS (3-10-93)

Sec. 190 Upset Conditions--excluding any reference to TRS (3-10-93)

Sec. 195 Repealed

Sec. 205 Chronic Upset Conditions (1-24-90)

Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills

Sec. 220 Definitions (3-10-93)

Sec. 222 Repealed

Sec. 224 Emission Limitations--excluding any reference to TRS (3-

10-93)

Sec. 226 More Restrictive Emission Limits--excluding any reference

to TRS (3-10-93)

Sec. 228 Plans and Specifications (3-10-93)

Sec. 230 Monitoring--excluding any reference to TRS (3-10-93)

[[Page 2693]]

Sec. 232 Reporting--excluding any reference to TRS (3-10-93)

Sec. 234 Upset Conditions--excluding any reference to TRS (3-10-93)

Primary Aluminum Plants

Sec. 255 Statement of Purpose (3-10-93)

Sec. 260 Definitions (3-10-93)

Sec. 265 Emission Standards (3-10-93)

Sec. 270 Special Problem Areas (3-10-93)

Sec. 275 Repealed

Sec. 280 Monitoring (3-10-93)

Sec. 285 Reporting (3-10-93)

Specific Industrial Standards

Sec. 305 Definitions (3-10-93)

Sec. 310 General Provisions (11-4-93)

Sec. 315 Veneer and Plywood Manufacturing Operations (3-10-93)

Sec. 320 Particleboard Manufacturing Operations (3-10-93)

Sec. 325 Hardboard Manufacturing Operations (3-10-93)

Regulations for Sulfite Pulp Mills

Sec. 350 Definitions (3-10-93)

Sec. 355 Statement of Purpose (3-10-93)

Sec. 360 Minimum Emission Standards (3-10-93)

Sec. 365 Repealed

Sec. 370 Monitoring and Reporting (3-10-93)

Sec. 375 Repealed

Sec. 380 Exceptions (3-10-93)

Laterite Ore Production of Ferronickel

Sec. 405 Statement of Purpose (3-10-93)

Sec. 410 Definitions (3-10-93)

Sec. 415 Emission Standards (3-10-93)

Sec. 420 Repealed

Sec. 425 Repealed

Sec. 430 Monitoring and Reporting (3-10-93)

* * * * *

3.2 Lane Regional Air Pollution Authority Regulations

* * * * *

Title 47 Rules for Open Outdoor Burning

47-001 General Policy (8-14-84)

47-005 Statutory Exemptions from These Rules (8-14-84)

47-010 Definitions (9-8-92)

47-015 Open Burning Requirements (9-8-92)

47-020 Letter Permits (9-8-92)

47-025 Repealed

47-030 Summary of Seasons, Areas, and Permit Requirements for Open

Outdoor Burning (9-8-92)

* * * * *

[FR Doc. 95-610 Filed 1-10-95; 8:45 am]

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