Approval and Promulgation of Implementation Plans: Oregon

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]

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