Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Oregon

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[OR64-7279a, OR36-1-6298a, OR46-1-6802a; FRL-5696-8]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes; Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) approves numerous

amendments to the Oregon Department of Environmental Quality's (ODEQ's)

rules for stationary sources, including new source review and

prevention of significant deterioration rules, as revisions to the

Oregon State Implementation Plan (SIP). These revisions were submitted

by the Director of the ODEQ on May 20, 1988, January 20, 1989,

September 14, 1989, October 13, 1989, November 15, 1991, August 26,

1992, November 16, 1992, May 28, 1993, November 15, 1993, December 14,

1993, November 14, 1994, June 1, 1995, September 27, 1995, October 8,

1996, and January 22, 1997, in accordance with the requirements of

section 110, Part C, and Part D of the Clean Air Act (hereinafter the

Act). EPA is also removing the listings for total suspended

particulates nonattainment areas in 40 CFR Part 81.

DATES: This action is effective on May 6, 1997 unless adverse or

critical comments are received by April 7, 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), U.S. Environmental

Protection Agency, 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, Seattle, Washington 98101,

and Oregon Department of Environmental Quality, 811 S.W. Sixth Avenue,

Portland, Oregon 97204.

FOR FURTHER INFORMATION CONTACT: David C. Bray, Office of Air Quality

(OAQ-107), EPA, Region 10, Seattle, Washington 98101, (206) 553-4253.

SUPPLEMENTARY INFORMATION:

I. Background

On July 1, 1987 (52 FR 24672), in conjunction with the revision to

the national ambient air quality standards (NAAQS) for particulate

matter (PM10), EPA revised the requirements for state

implementation plans. These revisions included changes to the

requirements for new source review (NSR) and prevention of significant

deterioration (PSD) permitting programs. In response to these new

requirements, on May 20, 1988, the Director of the Oregon Department of

Environmental Quality (ODEQ) submitted amendments to Oregon's state

ambient air quality standards (including its standards for particulate

matter), new source review (NSR), and prevention of significant

deterioration (PSD) rules.1 Further amendments to the NSR rules

applicable to specific areas which violated the new PM10 standards

were submitted on September 14, 1989, and October 13, 1989,2 and

additional

[[Page 10458]]

clarifying changes to the state's ambient air quality standards were

submitted on November 15, 1991.3

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\1\ Other provisions in the May 20, 1988, submittal regarding

commitments for Group II PM10 areas and emergency episode plans

were acted on in a February 23, 1993, Federal Register (58 FR

10972).

\2\ Additional provisions regarding the Medford-Ashland and

Grants Pass PM10 industrial rules included in this submittal

were acted on in a February 23, 1993, Federal Register (58 FR

10972).

\3\ Other rule amendments submitted on November 15, 1991, have

been acted on in a February 23, 1993, Federal Register (58 FR

10972).

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On October 17, 1988 (53 FR 40656), EPA promulgated PSD increments

for nitrogen dioxide along with appropriate revisions to the PSD

regulations in 40 CFR 51.166. In response to those changes to EPA's

requirements for State PSD programs, the Director of the ODEQ submitted

revisions to its PSD rules on August 26, 1992.

In response to the Clean Air Act Amendments of 1990 (Pub. L. 101-

509), EPA issued guidance on March 11, 1991, July 22, 1992, and

September 3, 1992, regarding the necessary changes to State and local

PSD and NSR permit rules to comply with the new statutory requirements.

In response to this guidance, the Director of the ODEQ submitted

additional amendments to the NSR and PSD rules on November 16,

1992.4

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\4\ The emission statement rules included in the November 16,

1992, submittal were acted on in a March 24, 1994, Federal Register

(59 FR 13886).

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On September 24, 1993 (58 FR 49931), EPA designated the Lakeview

area as a moderate PM10 nonattainment area. As a result, Oregon

was required to submit, as a SIP revision, a control strategy to bring

the area into attainment with the PM10 standards. The required

control strategy was submitted by the Director of the ODEQ on June 1,

1995.5 This strategy included, among other things, amendments to

the New Source Review rules that apply in nonattainment areas in order

to make them apply to the Lakeview PM10 Nonattainment Area.

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\5\ Other provisions of the Lakeview PM10 attainment plan

will be acted on in a separate Federal Register.

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On June 3, 1993 (58 FR 31622), EPA promulgated revisions to the PSD

regulations to change the indicator for the particulate matter

increments from total suspended particulates (TSP) to PM10. On

September 27, 1995, in response to this change in federal requirements,

the Director of the ODEQ submitted amendments to Oregon's PSD rules as

a revision to the Oregon SIP.6

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\6\ Revisions to Oregon's Smoke Management Plan included in the

September 27, 1995, submittal will be acted on in a separate Federal

Register.

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Oregon also made a number of amendments to its PSD and NSR rules on

its own initiative. These amendments were submitted as revisions to the

Oregon SIP on January 20, 1989, May 28, 1993,7 November 15,

1993,8 December 14, 1993,9 November 14, 1994, October 8,

1996,10 and January 22, 1997.11

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\7\ Other rule amendments included in the May 28, 1993,

submittal will be acted on in separate Federal Registers.

\8\ Other rule amendments included in the November 15, 1993,

submittal will be acted on in a separate Federal Register.

\9\ Other rule amendments included in the December 14, 1993,

submittal will be acted on in a separate Federal Register.

\10\ Other rule amendments included in the October 8, 1996,

submittal will be acted on in a separate Federal Register.

\11\ Other rule amendments included in the January 22, 1997,

submittal will be acted on in a separate Federal Register.

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II. Description of Plan Revision Submittals

On May 20, 1988, the Director of the ODEQ submitted amendments to

Oregon Administrative Rules (OAR) 340-20-220 through 260 (New Source

Review Rules), OAR 340-31-005 through 055 (Ambient Air Quality

Standards), and OAR 340-31-100 through 130 (Prevention of Significant

Deterioration Rules) as revisions to the Oregon state implementation

plan (SIP). The amendments to the New Source Review Rules added new

definitions of ``emission limitation and emission standard,''

``particulate matter emissions,'' and ``PM10 emissions'' to OAR

340-20-225. They also amended the existing definitions of

``nonattainment area,'' ``significant emission rate,'' and

``significant air quality impact'' in OAR 340-20-225. These new and

amended definitions were to implement the revised ambient air quality

standards for particulate matter. In addition, OAR 340-20-245

(Requirements for Sources in Attainment or Unclassifiable Areas

(Prevention of Significant Deterioration)) was amended to implement the

revised particulate matter standards and the revised EPA requirements

in 40 CFR 51.165(b) and 40 CFR 51.166. Similarly, OAR 340-20-260

(Requirements for Net Air Quality Benefit) was amended to implement the

revised particulate matter standards.

The amendments to Oregon's Ambient Air Quality Standards included

new definitions of ``ambient air monitoring site criteria,'' ``approved

method,'' ``Code of Federal Regulations,'' and ``parts per million;''

amendments to the existing definitions of ``ambient air'' and

``equivalent method;'' and the deletion of the existing definitions of

``primary air mass station,'' ``primary ground level monitoring

station,'' and ``special station'' in OAR 340-31-005. The ambient

standards for suspended particulate matter (OAR 340-31-015) were

amended by adding standards for PM10. Finally, the ambient

standards for total suspended particulates (OAR 340-31-015), sulfur

dioxide (OAR 340-31-020), carbon monoxide (OAR 340-31-025), ozone (OAR

340-31-030), nitrogen dioxide (OAR 340-31-040), and lead (OAR 340-31-

055) were amended to clarify monitoring methods and averaging times. In

addition, the existing ambient standard for hydrocarbons (OAR 340-31-

035) was rescinded.

Finally, the Prevention of Significant Deterioration Rules were

amended by clarifying that the ambient air increments for particulate

matter (OAR 340-31-110) were measured in terms of total suspended

particulates.

On January 20, 1989, the Director of the ODEQ submitted amendments

to the Air Contaminant Discharge Permit rules to effect changes to the

permit fee provisions in OAR 340-20-155, Table 1 and OAR 340-20-165.

These changes updated the fee table and clarified that the application

processing fee must be submitted with the application for a permit or

permit renewal.

On September 14, 1989, the Director of the ODEQ submitted an

amendment to the New Source Review Rules as they apply to the Klamath

Falls PM10 area. This amendment lowered the major source size

threshold for new and modified major sources in the Klamath Falls Urban

Growth Area from 15 tons of PM10 per year to 5 tons of PM10

per year by revising the definition of ``significant emission rate'' in

OAR 340-20-225(22). However, the amended rules exempt sources with

PM10 emissions of less than 15 tons per year from the requirement

to apply the lowest achievable emission rate (LAER). In addition,

sources with PM10 emissions between 5 and 15 tons per year may

choose to apply LAER rather than to obtain emission offsets.

On October 13, 1989, the Director of the ODEQ submitted an

amendment to the ``Specific Air Pollution Control rules for the

Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban

Growth Area'' (OAR 340-30-005 through 111). This amendment added a new

OAR 340-30-111 (Emission Offsets) which establishes an emission offset

ratio for new or modified sources of 1.2 to 1 for the Medford-Ashland

Air Quality Maintenance Area.

On November 15, 1991, the Director of the ODEQ submitted further

amendments to Oregon's Ambient Air Quality Standards (OAR 340-31-015

through 030, 040, and 055). These amendments clarified the

applicability of the standards to any site in the ambient air.

On August 26, 1992, the Director of the ODEQ submitted amendments

to

[[Page 10459]]

Oregon's New Source Review Rules (OAR 340-20-225) and Prevention of

Significant Deterioration Rules (OAR 340-31-110) to add provisions

implementing the PSD increments for nitrogen dioxide. These amendments

revised the definitions of ``baseline concentration'' (OAR 340-20-

225(2)) and ``baseline period'' (OAR 340-20-225(3)) to accommodate the

new nitrogen dioxide increments and added the nitrogen dioxide

increments themselves to OAR 340-31-110 (Ambient Air Increments).

On November 16, 1992, the Director of the ODEQ submitted amendments

to Oregon's New Source Review Rules (OAR 340-20-220 to 270) to

implement the new requirements of the Clean Air Act Amendments of 1990

for nonattainment area (Part D) new source review programs. These

amendments revised the definitions of the terms ``baseline period,''

``nonattainment area,'' ``significant emission rate,'' and ``source''

in OAR 340-20-225. The amendments also revised the requirements for new

and modified major sources proposing to locate in nonattainment areas

at OAR 340-20-240 (Requirements for Sources in Nonattainment Areas),

OAR 340-20-241 (Growth Increments), OAR 340-20-255 (Baseline for

Determining Credit for Offsets), OAR 340-20-260 (Requirements for Net

Air Quality Benefit), and OAR 340-20-265 (Emission Reduction Credit

Banking).

On May 28, 1993, the Director of the ODEQ submitted numerous

amendments to Oregon's permit rules in OAR Chapter 340, Division 14,

Division 20, and Division 31. These amendments are nearly all editorial

in nature and include updating statutory citations, correcting cross

references, and correcting typographical and grammatical errors. The

only other changes are minor changes in public notice procedures for

consistency with State statutes and a clarification of the requirement

for certain sources to register under the State's registration program.

On November 15, 1993, the Director of the ODEQ submitted extensive

amendments to the State rules which affect the permitting and

regulation of stationary sources, including permits to construct, State

operating permits, prevention of significant deterioration, Part D new

source review, stack heights and dispersion techniques, excess

emissions, and other provisions. These amendments involve the creation

of a new OAR Chapter 340, Division 28, Stationary Source Air Pollution

Control and Permitting Procedures and the relocation of much of the OAR

Chapter 340, Division 20 provisions to this new Division 28.

Additionally, conforming amendments were made to OAR Chapter 340,

Division 14, and Division 31. Specifically, OAR Chapter 340, Division

14, Procedures for Issuance, Denial, Modification, and Revocation of

Permits, Section 007 (Exceptions) was amended to exempt federal

operating permits issued pursuant to the new OAR Chapter 340, Division

28, from the requirements of Division 14. OAR Chapter 340, Division 20,

General Air Pollution Control Regulations was amended by revising,

renumbering, and relocating the following provisions of OAR Chapter

340, Division 20, to the new OAR Chapter 340, Division 28:

340-20-001 (Highest and Best Practicable Treatment and Control

Required);

340-20-005 through -015 (Registration);

340-20-020 through -030 (Notice of Construction and Approval of Plans);

340-20-032 (Compliance Schedules);

340-20-035 (Sampling, Testing and Measurement of Air Contaminant

Emissions);

340-20-037 (Stack Heights and Dispersion Techniques);

340-20-040 (Methods);

340-20-045 (Department Testing);

340-20-046 (Records; Maintaining and Reporting);

340-20-140 through -185 (Air Contaminant Discharge Permits);

340-20-220 through -276 (New Source Review);

340-20-300 through -320 (Plant Site Emission Limits);

340-20-350 through -380 (Excess Emissions);

340-20-450 through -480 (Emission Statements for VOC and NOX

Sources); and

340-20-500 through -660 (Major Source Interim Emission Fees).

The new OAR Chapter 340, Division 28, Stationary Source Air

Pollution Control and Permitting Procedures includes most of Oregon's

rules of procedure that apply to stationary sources of air pollution.

Specifically, Division 28 includes:

340-28-100 (Purpose, Application and Organization);

340-28-110 (Definitions);

340-28-200 through -400 (Rules Applicable to All Stationary Sources);

340-28-500 through -520 (Registration);

340-28-600 through -640 (Highest and Best Practicable Treatment and

Control Required);

340-28-700 (Compliance Schedules);

340-28-800 through -820 (Notice of Construction and Approval of Plans);

340-28-900 (Rules Applicable to Sources Required to Have Air

Contaminant Discharge Permits or Federal Operating Permits);

340-28-1000 through -1060 (Plant Site Emission Limits);

340-28-1100 through -1140 (Sampling, Testing and Measurement of Air

Contaminant Emissions);

340-28-1400 through -1460 (Excess Emissions and Emergency Provision);

340-28-1500 through -1520 (Emission Statements for VOC and NOx Sources

in Ozone Nonattainment Areas);

340-28-1600 (Rules Applicable to Sources Required to Have Air

Contaminant Discharge Permits);

340-28-1700 through -1770 (Air Contaminant Discharge Permits);

340-28-1900 through -2000 (New Source Review);

340-28-2100 through -2320 (Rules Applicable to Sources Required to Have

Federal Operating Permits);

340-28-2400 through -2550 (Major Source Interim Emission Fees); and

340-28-2560 through -2740 (Federal Operating Permit Fees).

While the provisions relating to the Federal operating permit

program are new, the remaining provisions are provisions from OAR

Chapter 340, Division 20, that have been revised, renumbered, and

relocated into this new Division 28. Note that the provisions relating

to the Federal operating permit program (OAR 340-28-1460, 340-28-2100

through -2260, OAR 340-28-2280 through -2320, and 340-28-2560 through -

2740) were granted interim approval by EPA on December 2, 1994 (59 FR

61820), and full approval on September 28, 1995 (60 FR 50106), and are

not being acted on in this rulemaking which addresses only revisions to

the Oregon SIP. Finally, OAR Chapter 340, Division 31 (Air Pollution

Control Standards for Air Purity and Quality) was amended by

renumbering and relocating the definition of ``baseline concentration''

from Division 20, renumbering and relocating the definitions located in

OAR 340-31-105 to OAR 340-31-005, and by adding new definitions of

``particulate matter,'' ``PM10,'' and ``total suspended

particulates.''

On December 14, 1993, the Director of the ODEQ submitted technical

corrections to OAR Chapter 340, Division 28, as submitted on November

15, 1993. These technical corrections clarified the effective dates for

OAR 340-28-600 through -640 and the SIP submittal status of OAR 340-28-

1520.

On November 14, 1994, the Director of the ODEQ submitted further

[[Page 10460]]

amendments to OAR Chapter 340, Division 28. These amendments correct

and clarify the requirements for permits to construct for new and

modified sources that are not new major stationary sources or major

modifications to existing major stationary sources (the ``minor'' new

source review program), specifically, OAR 340-28-110 (Definitions), OAR

340-28-1910 (Procedural Requirements), and OAR 340-28-2270

(Construction/Operation Modification). The amendments also correct an

incorrect cross reference in OAR 340-28-1430 (Upsets and Breakdowns).

On June 1, 1995, the Director of the ODEQ submitted additional

amendments to the New Source Review Rules as they apply to the Lakeview

PM10 nonattainment area. First, the amendments lowered the major

source size threshold for new and modified major sources in the

Lakeview PM10 nonattainment area from 15 tons of PM10 per

year to 5 tons of PM10 per year by revising the definition of

``significant emission rate'' in OAR 340-28-110(105). Second, the

amended rules (OAR 340-28-1930(7)) exempt sources with PM10

emissions of less than 15 tons per year from the requirement to apply

the lowest achievable emission rate (LAER). However, sources with

PM10 emissions between 5 and 15 tons per year may choose to apply

LAER rather than to obtain emission offsets.

On September 27, 1995, the Director of the ODEQ submitted

amendments to Oregon's Prevention of Significant Deterioration Rules

(OAR 340-31-005 through -155) to change the indicator for the PSD

increments for particulate matter from total suspended particulates

(TSP) to PM10. These amendments revised the definition of

``baseline concentration'' in OAR 340-31-005(4) to establish a new

PM10 baseline date for the Umatilla, Wallowa-Whitman, Ochoco, and

Malheur National Forests in northeastern Oregon; changed the indicator

for the particulate matter increments in OAR 340-31-110 (Ambient Air

Increments) from TSP to PM10; and clarified in OAR 340-31-120

(Restriction on Area Classifications) that the boundaries of Federal

Class I areas conform to changes made to the boundaries of the areas

after the Clean Air Act Amendments of 1977.

On October 8, 1996, the Director of the ODEQ submitted further

amendments to OAR Chapter 340, Division 28. These amendments included

technical clarifications and corrections to OAR 340-28-0110

(Definitions), OAR 340-28-1060 (Plant Site Emission Limits for

Insignificant Activities), OAR 340-28-1410 (Planned Startup and

Shutdown), OAR 340-28-1430 (Upsets and Breakdowns), and OAR 340-28-1720

(Permit Required).

Finally, on January 22, 1996, the Director of the ODEQ submitted

further amendments to OAR Chapter 340, Division 28. These amendments

included technical clarifications and corrections to OAR 340-28-0110

(Definitions), OAR 340-28-0400 (Information Exempt from Disclosure),

OAR 340-28-0630 (Typically Available Control Technology), OAR 340-28-

1010 (Requirements for Plant Site Emission Limits), and OAR 340-28-1720

(Permit Required).

III. EPA Findings and Action

EPA has reviewed the submitted amendments to OAR Chapter 340,

Divisions 14, 20, 28, 30, and 31, and finds that they comply with the

Act and EPA's requirements for SIP programs that regulate stationary

sources. EPA's findings on each Division are as follows:

The amendments to OAR Chapter 340, Division 14 (amendments to OAR

340-14-005, -010, -015, -020, -025, -030, -035, -040, -045, and -050,

effective on March 10, 1993, and submitted on May 28, 1993, and

amendments to OAR 340-14-007 effective on March 10, 1993, and September

24, 1993, and submitted on May 28, 1993, and November 15, 1993,

respectively) are all administrative in nature and do not result in any

substantive changes to the provisions that are in the currently

approved Oregon SIP. As such, EPA is approving these amendments to

Division 14, as a revision to the Oregon SIP.

The November 15, 1993, submittal of amendments to OAR Chapter 340,

Division 20, was the rescission of provisions that have been amended,

renumbered, and relocated to the new OAR Chapter 340, Division 28.

Therefore, this submittal entirely supersedes the amendments to OAR

Chapter 340, Division 20, which were submitted on May 20, 1988, January

20, 1989, September 14, 1989, August 26, 1992, November 16, 1992, and

May 28, 1993. As discussed below, EPA is approving the amended and

renumbered provisions now located in OAR Chapter 340, Division 28, and

therefore, is approving the rescission of OAR 340-20-001, 340-20-005

through -046, 340-20-140 through -185, and 340-20-220 through -380, as

effective on September 24, 1993, and submitted on November 15, 1993, as

a revision to the Oregon SIP.

As discussed above, on September 24, 1993, Oregon amended and

relocated many of the provisions of OAR Chapter 340, Division 20, to

the new OAR Chapter 340, Division 28. The Division 20 provisions that

were relocated included all of the amended provisions that were

previously submitted to EPA as revisions to the Oregon SIP on May 20,

1988, January 20, 1989, September 14, 1989, August 26, 1992, November

16, 1992, and May 28, 1993, as described above. In addition to the

amended and relocated provisions from OAR Chapter 340, Division 20, new

provisions to implement the requirements of Title V of the Act and 40

CFR Part 70 were adopted, and new bridging provisions were established

to clarify the applicability of the provisions of this new Division

28.12 The majority of the amendments to the relocated Division 20

provisions were administrative in nature and involved renumbering and

corrections to cross-references to reflect the organization in the new

Division 28. Other amendments to the relocated Division 20 provisions

were changes necessary to reflect the addition of the new Title V

operating permits program and to clarify the relationship between

Oregon Air Contaminant Discharge Permits and the new Title V operating

permits. As described above in the various submittals of amendments to

Division 28, substantive changes have since been made to the provisions

in OAR 340-28-110 (Definitions), OAR 340-28-600 through -680 (Highest

and Best Practicable Treatment and Control Required), OAR 340-28-800

through -820 (Notice of Construction and Approval of Plans), OAR 340-

28-1000 through -1060 (Plant Site Emission Limits), OAR 340-28-1100

(Sampling, Testing and Measurement of Air Contaminant Emissions), OAR

340-28-1400 through -1460 (Excess Emissions and Emergency Provision),

and OAR 340-28-1700 through -1790 (Air Contaminant Discharge Permits),

and a new OAR 340-28-2270 (Construction/Operation Modifications) has

been added. Moreover, as discussed above, numerous technical

corrections and clarifications have been made throughout the new

Division 28. EPA has reviewed the provisions of the new Division 28 and

the submitted amendments that have been made since its initial adoption

on September 23, 1993, and finds that the rules meet the requirements

of the Act and EPA's regulations for SIPs as set forth in 40 CFR Part

51. As such, EPA is approving OAR Chapter 340, Division 28 (except

[[Page 10461]]

for those provisions implementing Title V, specifically, OAR 340-28-

1460, -2100 through -2260, and -2280 through -2740; except for OAR 340-

28-1050 which was not submitted by the State) as a revision to the

Oregon SIP.

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\12\ The provisions related to Title V have been fully approved

pursuant to 40 CFR Part 70 (see 60 FR 50106, September 28, 1995),

are not included in the Oregon SIP, and are not specifically

addressed in this rulemaking.

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The amendments to OAR Chapter 340, Division 30 submitted on October

13, 1989, involve the addition of a new section OAR 340-30-111

(Emission Offsets), effective September 26, 1989, which establishes an

offset ratio of 1.2 to 1 for new or modified sources located in the

Medford-Ashland Air Quality Maintenance Area. Since this offset ratio

is greater than that required for the Medford-Ashland PM10

nonattainment area, EPA finds the amendment to comply with the

requirements of the Act and EPA regulations and is therefore approving

the addition of OAR 340-30-111 as a revision to the Oregon SIP.

The amendments to OAR Chapter 340, Division 31, effective on May

19, 1988, and November 13, 1991 (submitted on May 20, 1988, and

November 15, 1991, respectively), provided for the addition of

PM10 ambient standards and clarifying revisions to the Oregon

ambient standards for total suspended particulates, sulfur dioxide,

carbon monoxide, ozone, nitrogen dioxide, and lead, as well as

clarifying that the PSD increments for particulate matter were measured

as total suspended particulates. The amendments to OAR Chapter 340,

Division 31, effective on March 30, 1992 (submitted August 26, 1992),

provided for the addition of PSD increments for NO2. The

amendments to OAR Chapter 340, Division 31, effective on March 10, 1993

(submitted on May 28, 1993), were only technical corrections and

clarifications to the rules. The amendments to OAR Chapter 340,

Division 31, effective on November 4, 1993 (submitted on November 15,

1993), simply relocated certain definitions from OAR 340-28-110 and OAR

340-31-105 to OAR 340-31-005. The amendments to OAR Chapter 340,

Division 31, effective on July 12, 1995 (submitted September 27, 1995),

provided for the replacement of the PSD increments for total suspended

particulates with PSD increments for PM10, a revision to the PSD

baseline date for an area in northeastern Oregon (the area within the

boundaries of the Umatilla, Wallowa-Whitman, Ochoco, and Malheur

National Forests), and a clarification to the boundaries of the

mandatory federal Class I areas (certain National Parks and National

Wilderness Areas) in Oregon. These amendments are consistent with EPA's

regulations in 40 CFR Part 50 and 40 CFR 51.166 and EPA is therefore

approving the amendments to OAR Chapter 340, Division 31, as revisions

to the Oregon SIP.

IV. Summary of EPA Action

EPA today approves several amendments to the ODEQ rules as

revisions to the Oregon SIP. Specifically, EPA approves:

(1) OAR 340-14-005, -010, -015, -020, -025, -030, -035, -040, -045,

and -050, as amended, effective March 10, 1993, and OAR 340-14-007, as

amended, effective September 24, 1993;

(2) the rescission of OAR 340-20-001, 340-20-005 through -046, 340-

20-140 through -185, and 340-20-220 through -380 as effective on

September 24, 1993;

(3) OAR 340-28-500, -510, -520, -810, -1030, -1040, -1120, -1130, -

1400, -1450, -1520, -1600, -1700, -1710, and -1920, as amended,

effective September 24, 1993; OAR 340-28-100, -200, -300, -700, -800, -

820, -900, -1000, -1020, -1100, -1110, -1140, -1420, -1440, -1500, -

1510, -1730, -1740, -1750, -1760, -1770, -1900, -1940, -1950, -1960, -

1970, -1980, -1990, and -2000, as amended, effective November 4, 1993;

OAR 340-28-600, -610, -620, and -640, as amended, effective January 1,

1994; OAR 340-28-1910 and -2270, as amended, effective October 28,

1994; OAR 340-28-1930, as amended, effective May 1, 1995; OAR 340-28-

1060, as amended, effective January 29, 1996; OAR 340-28-1410 and -

1430, as amended, effective September 24, 1996; OAR 340-28-110, -400, -

630, -1010 and -1720, as amended, effective October 22, 1996; the

rescission of OAR 340-28-1790 as effective September 24, 1993; and the

rescission of OAR 340-28-1780 as effective November 4, 1993;

(4) OAR 340-30-111 as effective September 26, 1989; and

(5) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030,

340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130, as

amended, effective March 10, 1993, the rescission of OAR 340-31-105 as

effective on November 4, 1993, and OAR 340-31-005, OAR 340-31-110, and

340-31-120, as amended, effective July 12, 1995.

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 May 6, 1997 unless, by April 7, 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 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 May 6, 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. 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.

V. Administrative Requirements

A. Executive Order 12866

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 (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. sections 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

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, 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 Act,

preparation of a regulatory flexibility

[[Page 10462]]

analysis would constitute federal inquiry into the economic

reasonableness of state action. The Act 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 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 Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by [insert date 60 days from date of

publication in the Federal Register]. 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

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Note: Incorporation by reference of the Implementation Plan for

the State of Oregon was approved by the Director of the Office of

the Federal Register on July 1, 1982.

Dated: February 19, 1997.

Jane S. Moore,

Acting Regional Administrator.

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)(118) to read

as follows:

Sec. 52.1970 Identification of plan.

* * * * *

(c) * * *

(118) On October 13, 1989, the Director of the Oregon Department of

Environmental Quality submitted an amendment to OAR Chapter 340,

Division 30. On May 28, 1993, the Director of the Oregon Department of

Environmental Quality submitted amendments to OAR Chapter 340, Division

14, and Division 31. On November 15, 1993, the Director of the Oregon

Department of Environmental Quality submitted amendments to OAR Chapter

340, Division 14, Division 20, and Division 31, and a new Division 28.

On November 14, 1994, June 1, 1995, October 8, 1996, and January 22,

1997, the Director of the Oregon Department of Environmental Quality

submitted amendments to OAR Chapter 340, Division 28. On September 27,

1995, the Director of the Oregon Department of Environmental Quality

submitted amendments to OAR Chapter 340, Division 31.

(i) Incorporation by reference.

(A) OAR 340-14-005, -010, -015, -020, -025, -030, -035, -040, -045,

and -050, effective March 10, 1993; and OAR 340-14-007, effective

September 24, 1993.

(B) OAR 340-28-500, -510, -520, -810, -1030, -1040, -1120, -1130, -

1400, -1450, -1520, -1600, -1700, -1710, and -1920, effective September

24, 1993; OAR 340-28-100, -200, -300, -700, -800, -820, -900, -1000, -

1020, -1100, -1110, -1140, -1420, -1440, -1500, -1510, -1730, -1740, -

1750, -1760, -1770, -1900, -1940, -1950, -1960, -1970, -1980, -1990,

and -2000, effective November 4, 1993; OAR 340-28-600, -610, -620, and

-640, effective January 1, 1994; OAR 340-28-1910 and -2270, effective

October 29, 1994; OAR 340-28-1930, effective May 1, 1995; OAR 340-28-

1060, effective January 29, 1996; OAR 340-28-1410 and -1430, effective

September 24, 1996; and OAR 340-28-110, -400, -630, -1010 and -1720,

effective October 22, 1996.

(C) OAR 340-30-111, effective September 26, 1989.

(D) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030,

340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130,

effective March 10, 1993; and OAR 340-31-005, OAR 340-31-110, and 340-

31-120, effective July 12, 1995.

3. Section 52.1987 is amended by revising paragraph (a) to read as

follows:

Sec. 52.1987 Significant deterioration of air quality.

(a) The Oregon Department of Environmental Quality rules for

prevention of significant deterioration of air quality in OAR Chapter

340, Division 28, as effective on October 22, 1996, and OAR Chapter

340, Division 31, as effective on July 12, 1995, are approved as

meeting the requirements of Part C.

* * * * *

4. Section 52.1988 is revised to read as follows:

Sec. 52.1988 Air Contaminant discharge permits.

(a) Emission limitations and other provisions contained in Air

Contaminant Discharge Permits and Federal Operating Permits issued by

the State in accordance with the provisions of the OAR Chapter 340,

Division 28, Stationary Source Air Pollution Control and Permitting

Procedures incorporated by reference in Sec. 52.1970, except for

compliance schedules under OAR 340-

[[Page 10463]]

28-700 and alternative emission limits (bubbles) under OAR 340-28-1030

for sulfur dioxide or total suspended particulates which involve trades

where the sum of the increases in emissions exceeds 100 tons per year,

shall be the applicable requirements of the federally-approved Oregon

SIP (in lieu of any other provisions) for the purposes of Section 113

of the Clean Air Act and shall be enforceable by EPA and by any person

in the same manner as other requirements of the SIP.

(b) Emission limitations and other provisions contained in Air

Contaminant Discharge Permits and Federal Operating Permits issued by

the Lane Regional Air Pollution Authority in accordance with the

provisions of the federally-approved Air Contaminant Discharge Permits

rules (Title 34) and Plant Site Emission Limit rules (Title 32, Section

32-100 through -104) and in conjunction with provisions of the OAR

Chapter 340, Division 28, Stationary Source Air Pollution Control and

Permitting Procedures incorporated by reference in Section 52.1970,

except for compliance schedules under Title 15, Section 020, or Title

34, Section 050, and alternative emission limits (bubbles) under Title

32, Section 32-103, for sulfur dioxide or total suspended particulates

which involve trades where the sum of the increases in emissions

exceeds 100 tons per year, shall be the applicable requirements of the

federally-approved Oregon SIP (in lieu of any other provisions) for the

purposes of Section 113 of the Clean Air Act and shall be enforceable

by EPA and by any person in the same manner as other requirements of

the SIP.

PART 81--[AMENDED]

1. The authority citation for Part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. Section 81.338 is amended by removing the table titled Oregon--

TSP in its entirety.

3. Section 81.338 is amended by revising the table titled Oregon

PM-10 to read as follows:

Sec. 81.338 Oregon.

* * * * *

Oregon--PM-10

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated Area ---------------------------------------------------------------------

Date Type Date Type

----------------------------------------------------------------------------------------------------------------

Central Oregon Intrastate AQCR 190:

Lakeview (the Urban Growth Boundary 10/25/93 Nonattainment............. 10/25/93 Moderate.

area).

Klamath Falls (the Urban Growth 11/15/90 Nonattainment............. 11/15/90 Moderate.

Boundary area).

Remainder of AQCR 190................. 11/15/90 Unclassifiable

Eastern Oregon Intrastate AQCR 191:

LaGrande (the Urban Growth Boundary 11/15/90 Nonattainment............. 11/15/90 Moderate.

area).

Remainder of AQCR 191................. 11/15/90 Unclassifiable

Northwest Oregon Intrastate AQCR 192...... 11/15/90 Unclassifiable

Portland Interstate AQCR 193 (Oregon

Portion):

Portland-Vancouver (portion of the Air 11/15/90 Unclassifiable

Quality Maintenance Area).

Eugene/Springfield (the Urban Growth 11/15/90 Nonattainment............. 11/15/90 Moderate.

Boundary area).

Oakridge (the Urban Growth Boundary 1/20/94 Nonattainment............. 1/20/94 Moderate.

area).

Remainder of AQCR 193 (Oregon Portion) 11/15/90 Unclassifiable

Southwest Oregon Intrastate AQCR 194:

Medford-Ashland Air Quality 11/15/90 Nonattainment............. 11/15/90 Moderate.

Maintenance Area (including White

City).

Grants Pass (the Urban Growth Boundary 11/15/90 Nonattainment............. 11/15/90 Moderate.

area).

Remainder of AQCR 194................. 11/15/90 Unclassifiable

----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 97-5645 Filed 3-6-97; 8:45 am]

BILLING CODE 6560-50-P