Approval and Promulgation of Implementation Plans: Oregon

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OR34-1-6136a, OR51-7266a, OR58-7273a; FRL-5680-3]

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 revisions to

the State of Oregon Implementation Plan. EPA is approving revisions to

Oregon Administrative Rules (OAR) Chapter 340, Divisions 21 through 24,

26, 27, 30, and 34 submitted to EPA on May 28, 1993, and a revision to

Division 22 submitted to EPA on September 27, 1995, and revisions to

Division 20, 21, 22, 25, 27, and 30 submitted to EPA on October 8,

1996, to satisfy the requirements of section 110 of the Clean Air Act

(CAA) and 40 CFR part 51.

DATES: This action is effective on April 28, 1997 unless adverse or

critical comments are received by March 27, 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), 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,

Office of Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, Washington

98101, and ODEQ.

FOR FURTHER INFORMATION CONTACT: Catherine Woo, Office of Air Quality

(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-1814.

SUPPLEMENTARY INFORMATION:

I. Background

The Oregon Department of Environmental Quality (ODEQ) submitted to

EPA revisions to OAR, Divisions 21-24, 26, 27, 30 and 34, on May 28,

1993. A separate revision to Division 22-100, -130, and -137 was

submitted September 27, 1995. A third revision to Divisions 20, 21, 22,

25, 27, and 30 was submitted October 8, 1996.

The revisions submitted on May 28, 1993, were State-effective on

March 10, 1993. The submittal contained revisions to Oregon's General

Emission Standards For Particulate Matter (OAR 340-21-010, -027, -040,

-055 through -230, and -240 through -245); General Gaseous Emissions

(OAR 340-22-005 through -100, -104 through -120, and -133 through -

640); Rules For Open Burning (OAR 340-23-022 through -115); Motor

Vehicles Visible Emissions (OAR 340-24-300 through -307, and -325);

Field Burning Rules (OAR 340-26-001 through -015, and -031 through -

055); Air Pollution Emergencies (OAR 340-27-010 through -035); Specific

Air Pollution Control Rules For Areas With Unique Air Quality Control

Needs (OAR 340-30-005, -012 through -030, and -035 through -230); and

Residential Woodheating (OAR 340-34-001 through -215.)

The revisions submitted on September 27, 1995, were State-effective

on November 2, 1994. The submittal contained revisions to Oregon's

requirements for General Gaseous Emissions (OAR 340-22-110, 22-130 and

22-137.)

[[Page 8386]]

The following revisions were submitted on October 8, 1996 with

their respective effective dates: State of Oregon Clean Air Act

Implementation Plan (OAR 340-020-0047, effective date September 24,

1996); General Emission Standards for Particulate Matter (OAR 340-21-

0005 through -0007, -0015 through -0025, -0030 through -0035, -0045

through -0050, and -0235, effective date January 29, 1996); General

Gaseous Emissions (OAR 340-022-0102, effective date March 29, 1996, and

-0130, effective date December 6, 1995); Specific Industrial Standards

(OAR 340-025-0260 through -0265, effective date December 6, 1995, -

0280, effective date December 6, 1995, and -0320 through -0325,

effective date January 29, 1996); Air Pollution Emergencies (OAR 340-

027-0005, effective date September 24, 1996); and Specific Air

Pollution Control Rules For Areas With Unique Air Quality Control Needs

(OAR 030-0007, -0010 and -0031, effective date January 29, 1996.)

II. Discussion

This action approves the following parts of the May 28, 1993, and

September 27, 1995, submittals:

OAR 340-21-005 through -060 and OAR 340-21-200 through -240

(General Emission Standards for Particulate Matter) contained editorial

changes which were minor in nature and are approved as such.

OAR 340-22-005 through -300 (General Gaseous Emissions) contained

editorial changes which were housekeeping in nature and are approved as

such. OAR 320-22-100 added two new source categories, Aerospace

Component Coatings and Automotive Gasoline. Changes for OAR 340-22-110

and OAR 340-22-137, submitted on September 27, 1995, added permit and

permit fee requirements to Gasoline Dispensing Facilities ($50

application fee) and Testing Vapor Transfer and Collection Systems ($25

application fee), along with editorial housekeeping changes, which are

approved.

OAR 340-23-022 to 115 (Rules for Open Burning) contained editorial

changes which were housekeeping in nature and are approved as such. OAR

340-23-030 added terms to the Definitions of open burning

(``ventilation index,'' ``Waste,'' and ``yard debris''), which are

approved. OAR 340-23-110 (requiring fire permit issuing agencies to

maintain records of open burning permits) was repealed by the

Department of Environmental Quality and EPA is approving its deletion

from the SIP as it has no adverse impact on air quality.

OAR 340-24-300 through -307 and OAR 340-24-325 (Motor Vehicle

Visible Emissions) contained editorial changes which were housekeeping

and clarifying in nature and are approved as such.

OAR 340-26-001 through -055 (Field Burning Rules) contained

editorial changes which were housekeeping and clarifying in nature and

are approved as such. OAR 340-26-005 contained additions to their

Definitions for Field Burning Rules (``fire safety buffer zone,''

``marginal day,'' ``open burning,'' ``propane flaming permit,''

``released allocation,'' and ``stack burning permit'') which are

approved. OAR 340-26-013 also added a maximum acreage to be propane-

flamed annually in the Willamette Valley, which is approved.

OAR 340-27-005 through -035 (Air Pollution Emergencies) contained

editorial changes which were housekeeping in nature and approved as

such. The Tables within OAR 340-27-005 through -035 also contained

clarifications which are approved.

OAR 340-30-005 through -230 (Specific Air Quality Rules for Areas

With Unique Needs) contained editorial changes which were housekeeping

in nature and approved as such.

OAR 340-34-001 through -210 (Residential Woodheating) contained

editorial changes which were housekeeping and clarifying in nature and

are approved as such.

This action approves the following parts of the October 8, 1996,

submittal:

OAR 340-20-0047 (State of Oregon Clean Air Act Implementation Plan)

contained administrative changes which were routine in nature and are

approved as such.

OAR 340-21-0005, -0015 through -0025, -0030 through -0035, -0045

through -0050, and -0235 (General Emission Standards for Particulate

Matter) contained clarification changes and are approved as such.

OAR 340-22-0102 (General Gaseous Emissions) contained clarification

changes for the definition of ``VOC'' and is approved. OAR-22-0130 also

contained clarification changes and is approved.

OAR 340-25-0260 through -0265, -0280, and -0320 through -0325

(Specific Industrial Standards) contained clarification changes and are

approved.

OAR 340-27-0005 (Air Pollution Emergencies) contained clarification

changes to the definitions and is approved.

OAR 340-30-0007, Emission Limitations, was added to explain how the

limits would be calculated and is approved. OAR 340-30 -0010 and -0031

contained clarification changes and are approved.

OAR 340-21-0007 (Application) will not be acted upon by EPA at this

time and is deferred to a later date.

III. Summary of Action

EPA is approving the following revisions to OAR Chapter 340,

Divisions 21 through 24, 26, 27, 30, and 34 as submitted on May 28,

1993, revisions to Division 22 as submitted on September 27, 1995, and

revisions to Divisions 20, 21, 22, 25, 27, and 30 as submitted on

October 8, 1996. The following is a list of sections of Divisions 20

through 25, 26, 27, 30, and 34 being approved.

(Note: this is not the entire table of contents for the Oregon State

Implementation Plan):

Division 20--Air Pollution Control (With State-effective Dates)

20-0047 State of Oregon Clean Air Act Implementation Plan (9/24/96)

Division 21--General Emission Standards for Particulate Matter (With

State-effective Dates)

21-005 Definitions (1-29-96)

21-010 Special Control Areas (3-10-93)

21-015 Visible Air Contaminant Limitations (1-29-96)

21-020 Fuel Burning Equipment Limitations (1-29-96)

21-025 Refuse Burning Equipment Limitations (1-29-96)

21-027 Municipal Waste Incinerator in Coastal Areas (3-10-93)

21-030 Particulate Emission Limitations for Sources Other Than Fuel

Burning and Refuse Burning Equipment (1-29-96)

Particulate Emissions From Process Equipment

21-035 Applicability (1-29-96)

21-040 Emission Standard (3-10-93)

21-045 Determination of Process Weight (3-10-93)

Fugitive Emissions

21-050 Definitions (1-29-96)

21-055 Applicability (3-10-93)

21-060 Requirements (3-10-93)

Industrial Contingency Requirements for PM-10 Nonattainment Areas

21-200 Purpose (3-10-93)

21-205 Relation to Other Rules (3-10-93)

21-210 Applicability (3-10-93)

21-215 Definitions (3-10-93)

21-220 Compliance Schedule for Existing Sources (3-10-93)

21-225 Wood-Waste Boilers (3-10-93)

21-230 Wood Particulate Dryers at Particleboard Plants (3-10-93)

21-235 Hardboard Manufacturing Plants (1-29-96)

21-240 Air Conveying Systems (3-10-93)

21-245 Fugitive Emissions (3-10-93)

Division 22--General Gaseous Emissions General Emission Standards for

Sulfur Content of Fuels

22-005 Definitions (3-10-93)

22-010 Residual Fuel Oils (3-10-93)

[[Page 8387]]

22-015 Distillate Fuel Oils (3-10-93)

22-020 Coal (3-10-93)

22-025 Exemptions (3-10-93)

General Emission Standards for Sulfur Dioxide

22-050 Definitions (3-10-93)

22-055 Fuel Burning Equipment (3-10-93)

General Emission Standards for Volatile Organic Compounds

22-100 Introduction (12-6-95)

22-102 Definitions (3-29-96)

Limitations and Requirements

22-104 General Requirements for New and Existing Sources (3-10-93)

22-106 Exemptions (3-10-93)

22-107 Compliance Determination (3-10-93)

22-108 Applicability of Alternative Control Systems (3-10-93)

22-110 Gasoline Dispensing Facilities (3-10-93)

22-120 Bulk Gasoline Plants and Delivery Vessels (3-10-93)

22-130 Bulk Gasoline Terminals (12-6-95)

22-137 Testing Vapor Transfer and Collection Systems (11-2-94)

22-140 Cutback and Emulsified Asphalt (3-10-93)

22-150 Petroleum Refineries (3-10-93)

22-153 Petroleum Refinery Leaks (3-10-93)

22-160 Liquid Storage (3-10-93)

22-170 Surface Coating in Manufacturing (3-10-93)

22-175 Aerospace Component Coating Operations (3-10-93)

22-180 Degreasers (3-10-93)

22-183 Open Top Vapor Degreasers (3-10-93)

22-186 Conveyorized Degreasers (3-10-93)

22-190 Asphaltic and Coal Tar Pitch Used for Roofing Coating (3-10-

93)

22-200 Flat Wood Coating (3-10-93)

22-210 Rotogravure and Flexographic Printing (3-10-93)

22-220 Perchloroethylene Dry Cleaning (3-10-93)

22-300 Reid Vapor Pressure for Gasoline, except that in Paragraph

(6) only sampling procedures and test methods specified in 40 CFR

Part 80 are approved (3-10-93)

Division 23--Rules for Open Burning

23-022 How to Use These Open Burning Rules (3-10-93)

23-025 Policy (3-10-93)

23-030 Definitions (6-16-84); (15) ``Disease and Pest Control'' (3-

10-93)

23-035 Exemptions, Statewide (3-10-93)

23-040 General Requirements Statewide (3-10-93)

23-042 General Prohibitions Statewide (3-10-93)

23-043 Open Burning Schedule (3-10-93)

23-045 County Listing of Specific Open Burning Rules (3-10-93)

Open Burning Prohibitions

23-055 Baker, Clatsop, Crook, Curry, Deschutes, Gilliam, Grant,

Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur,

Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, and

Wheeler Counties (3-10-93)

23-060 Benton, Linn, Marion, Polk, and Yamhill Counties (3-10-93)

23-065 Clackamas County (3-10-93)

23-070 Multnomah County (3-10-93)

23-075 Washington County (3-10-93)

23-080 Columbia County (3-10-93)

23-085 Lane County (3-10-93)

23-090 Coos, Douglas, Jackson and Josephine Counties (3-10-93)

23-100 Letter Permits (3-10-93)

23-105 Forced Air Pit Incinerators (3-10-93)

23-110 Records and Reports (3-10-93)

23-115 Open Burning Control Areas (3-10-93)

Division 24--Motor Vehicles: Motor Vehicle Emission Control Inspection

Test Criteria, Methods and Standards

24-300 Scope (3-10-93)

24-301 Boundary Designations (3-10-93)

24-305 Definitions (3-10-93)

24-306 Publicly Owned and Permanent Fleet Vehicle Testing

Requirements (3-10-93)

24-307 Motor Vehicle Inspection Program Fee Schedule (3-10-93)

24-325 Heavy Duty Gasoline Motor Vehicle Emission Control Test

Criteria (3-10-93)

Primary Aluminum Plants

25-260 Definitions (12-6-95)

25-265 Emission Standards (12-6-95)

25-280 Monitoring (12-6-95)

Specific Industrial Standards

25-320 Particleboard Manufacturing Operations (1-29-96)

25-325 Hardboard Manufacturing Operations (1-29-96)

Division 26--Rules for Open Field Burning (Willamette Valley)

26-001 Introduction (3-10-93)

26-003 Policy (3-10-93)

26-005 Definitions (3-10-93)

26-010 General Requirement (3-10-93)

26-012 Registration, Permits, Fees, Records (3-10-93)

26-013 Acreage Limitations, Allocations (3-10-93)

26-015 Daily Burning Authorization Criteria (3-10-93)

26-031 Burning by Public Agencies (Training Fires) (3-10-93)

26-033 Preparatory Burning (3-10-93)

26-035 Experimental Burning (3-10-93)

26-040 Emergency Burning, Cessation (3-10-93)

26-045 Propane Flaming (3-10-93)

26-055 Stack Burning (3-10-93)

Division 27--Air Pollution Emergencies

All of Division 27 (3-10-93), except

27-0005 Introduction (9-24-96)

Division 30--Specific Air Pollution Control Rules for the Medford-

Ashland Air Quality Maintenance Area

All of Division 30 (3-10-93), except

30-0007 Emission Limitations (1-29-96)

30-0010 Definitions (1-29-96)

30-0031 Hardboard Manufacturing Plants (1-29-96)

Division 34--Residential Wood Heating

34-001 Purpose (3-10-93)

34-020 Civil Penalties (3-10-93)

Woodburning Curtailment

34-150 Applicability (3-10-93)

34-155 Determination of Air Stagnation Conditions (3-10-93)

34-160 Prohibition on Woodburning During Periods of Air Stagnation

(3-10-93)

34-165 Public Information Program (3-10-93)

34-170 Enforcement (3-10-93)

34-175 Suspension of Department Program (3-10-93)

Woodstove Removal Contingency Program for PM-10 Nonattainment Areas

34-200 Applicability (3-10-93)

34-205 Removal and Destruction of Uncertified Stove Upon Sale of

Home (3-10-93)

34-210 Home Seller's Responsibility to Verify Stove Destruction (3-

10-93)

34-215 Home Seller's Responsibility to Disclose (3-10-93)

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 April 28, 1997 unless, by March 27, 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 the document found in the

proposed rule section of today's Federal Register 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 April 28, 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 (SIP). 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.

IV. Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the

[[Page 8388]]

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. 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).

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 as 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 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 April 28, 1997. 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, Sulfur oxides, Volatile organic

compounds.

Dated: January 15, 1997.

Charles Findley,

Acting Regional Administrator.

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.

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) (116) to read

as follows:

Sec. 52.1970 Identification of plan.

* * * * *

(c) * * *

(116) On May 27, 1993, September 27, 1995, and October 8, 1996, the

Director of ODEQ submitted to the Regional Administrator of EPA

revisions to its Oregon SIP: the Oregon Administrative Rules (OAR),

Housekeeping Amendments (Chapter 340, Divisions 21 through 24, 26, 27,

30, and 34); OAR, Division 22, General Gaseous Emissions (340-22-100, -

130, and -137); and OAR, Divisions 20, 21, 22, 25, 27 and 30).

(i) Incorporation by reference.

(A) May 27, 1993, letter from ODEQ to EPA submitting a revision to

the Oregon Administrative Rules: Housekeeping Amendments, Oregon

Administrative Rules, Chapter 340, Divisions 21 through 24, 26, 27, 30,

and 34, State-effective on March 10, 1993.

(B) September 27, 1995, letter from ODEQ to EPA submitting a

revision to the Oregon Administrative Rules: Permits and Fees for Stage

I Vapor Recovery Program, Division 22, General Gaseous Emissions,

Sections 100, 130, and 137, State-effective on November 2, 1994.

(C) October 8, 1996, letter from ODEQ to EPA submitting a revision

to the Oregon Administrative Rules: OAR 340-020-0047 (State-effective

on September 24, 1996); OAR 340-21-0005, -0015, -0020, -0025, -0030, -

0035, -0045, -0050, and -0235 (State-effective on January 29, 1996);

OAR 340-022-0102 (State-effective on March 29, 1996), and -0130 (State-

effective on December 6, 1995); OAR 340-025-0260 and -0265 (State-

effective on December 6, 1995), -0280 (State-effective on December 6,

1995), -0320 and -0325 (State-effective on January 29, 1996); OAR -027-

0005 (State-effective on September 24, 1996); OAR 030-0007, -0010 and -

0031 (State-effective on January 29, 1996).

[FR Doc. 97-4519 Filed 2-24-97; 8:45 am]

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