Approval and Promulgation of Implementation Plans; Oregon

ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 52

[Docket #OR55-7270; FRL-6438-5]

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 Oregon State Implementation Plan. The Lakeview, Oregon PM10 Control

Plan is intended to bring about the attainment of National Ambient Air

Quality Standards for particulate matter with an aerodynamic diameter

less than or equal to a nominal ten micrometers (PM10). The

implementation plan was submitted to satisfy Federal requirements for

moderate PM10 nonattainment areas.

DATES: This direct final rule is effective on November 22, 1999,

without further notice, unless EPA receives adverse comment by October

21, 1999. If adverse comment is received, EPA will publish a timely

withdrawal of the direct final rule in the Federal Register and inform

the public that the rule will not take effect.

ADDRESSES: Written comments should be addressed to: Montel Livingston,

SIP Manager, EPA, Region 10, Office of Air Quality (OAQ-107), 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 (OAQ-107), 1200 Sixth Avenue, Seattle Washington

98101, and State of Oregon Department of Environmental Quality, 811 SW

Sixth Avenue, Portland, Oregon 97204-1390.

FOR FURTHER INFORMATION CONTACT: Tracy Oliver, EPA, Region 10, Office

of Air Quality (OAQ-107), 1200 Sixth Ave, Seattle, Washington, 98101,

(206) 553-1388.

SUPPLEMENTARY INFORMATION:

I. Background

A. Applicable PM10 Standard and Initial Area Designations

The Clean Air Act \1\ (Act) requires EPA to reevaluate the health-

based National Ambient Air Quality Standards (NAAQS) every five years

to consider changes based on new scientific information. On July 1,

1987, EPA revised the particulate matter NAAQS to reflect new evidence

that smaller particles pose an increased threat to human health and the

environment (52 FR 24634). Upon revision, PM10 was selected as the new

indicator for particulates.

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\1\ The 1990 Amendments to the Clean Air Act made significant

changes to the Act. See Pub. L. 101-549, 104 Stat. 2399. References

herein are to the Clean Air Act, as amended. The Clean Air Act is

codified, as amended, in the U.S. Code at 42 U.S.C., Sections 7401,

et seq.

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EPA replaced the old total suspended particulate (TSP) standard

with new primary and secondary standards for PM10. The new 24-hour

primary and secondary standard for PM10 was set at 150 micrograms per

cubic meter (g/m\3\) with no more than one allowable

exceedance per year within a three-year time frame. The new annual PM10

standard was set at 50 g/m\3\ expected annual arithmetic mean

with no allowable exceedances.

Concurrent with the new standards, EPA promulgated revisions to 40

CFR parts 51 and 52 and implementation guidance for PM10 NAAQS (52 FR

24672). These revisions to 40 CFR Parts 51 and 52 established

requirements for the preparation, adoption, and submittal of State

Implementation Plans (SIPs) and set forth requirements for the

Administrator's approval and promulgation of SIP revisions.

When Congress revised the Act on November 15, 1990, it codified the

EPA's 1987 PM10 NAAQS revisions and designated PM10 areas under Section

107. This revision also changed SIP requirements for particulate matter

(PM) nonattainment areas.\2\

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\2\ Title 1, Subparts 1 and 4 contain revisions applicable to

all nonattainment areas and those specific to PM10 nonattainment

areas. At times, these provisions overlap or conflict. Because EPA

is describing its interpretations here in broad terms, the reader

should refer to the General Preamble (57 FR 13498) to better clarify

the requirements that authorize this action.

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The General Preamble for the implementation of Title I of the

amended Act states that on the date of enactment, PM10 areas meeting

the qualifications of Section 107(d)(4)(B) of the Act became

nonattainment by operation of law. These areas included: (1) Areas with

the greatest probability of violating the old PM standard (Class I

areas in 52 FR 29383 and 55 FR 45799); and (2) other areas violating

the PM10 NAAQS prior to January 1, 1989. All other PM areas were

designated unclassifiable for PM10 (57 FR 13537).\3\

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\3\ Procedures for area classification and attainment date

determinations can be found in CAA section 188.

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The amended Act, in accordance with Section 107(d)(3), authorizes

EPA to promulgate the designation of new areas as nonattainment for

PM10 based on air quality data, planning and control considerations,

and/or any other air quality-related consideration that the

Administrator deems appropriate.

On April 22, 1991, EPA announced in 56 FR 16274 that it had

initiated the redesignation process for 16 areas. Other areas were

subsequently redesignated on a case-by-case basis.

B. Lakeview, Oregon Designation History

By operation of law upon enactment of the 1990 Clean Air Act

Amendments, Lakeview, Oregon was designated ``unclassifiable'' due to a

lack of air quality monitoring data (see CAA section

107(d)(4)(B)(iii)).

The State of Oregon subsequently conducted monitoring in the

Lakeview area to verify PM10 concentrations and

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determine if its designation status should be revised.

On December 29, 1992, the Governor of Oregon submitted a letter

notifying EPA that the monitoring site in Lakeview had recorded an

exceedance of the 24-hour PM10 NAAQS. Because monitors in the area had

also recorded previous exceedances of the 24-hour PM10 NAAQS on January

4, 14, and 16, 1991, the exceedance in 1992 resulted in a violation of

the 24-hour PM10 NAAQS.

The Governor requested that Lakeview be redesignated to

nonattainment for PM10. Additionally, Oregon requested that the

nonattainment area be defined as the Lakeview Urban Growth Boundary.

EPA approved these requests and redesignated Lakeview as nonattainment

for PM10 and classified it as moderate effective December 25, 1993 (58

FR 49931).

On June 1, 1995, the Governor submitted to EPA the Lakeview, Oregon

PM10 Control Plan, Oregon's strategy for meeting the PM10 NAAQS as

expeditiously as practicable. This revision to the Oregon SIP, herein

referred to as the Lakeview Attainment Plan, is the subject of today's

action.

C. Attainment Plan Requirements for Moderate PM10 Nonattainment Areas

A moderate area PM10 attainment plan must include: (1) Provisions

to assure that Reasonably Available Control Measures (RACM), including

Reasonable Available Control Technology (RACT), are implemented within

four years of redesignation; (2) a permit program meeting the

requirements of Section 173 of the Act governing the construction and

operation of new and modified stationary sources of PM10; (3)

quantitative milestones demonstrating reasonable further progress

achieved every three years until the area is redesignated to attainment

(see CAA section 171(1)); and (4) a demonstration that the plan will

provide for the attainment of the PM10 NAAQS as expeditiously as

practicable within six years (or a demonstration that such a date is

not practicable).\4\

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\4\ See 57 FR 13498 and 57 FR 18070 for more detailed discussion

of EPA guidance and statutory requirements applicable to moderate

PM10 nonattainment areas.

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The State is also required to submit contingency measures, pursuant

to Section 172(c) of the Act. These additional controls take effect

without further action if EPA determines that an area has failed to

make reasonable further progress. Pursuant to today's action, the State

of Oregon was required to submit contingency measures within 18 months

of Lakeview's redesignation.

D. Lakeview PM10 Attainment Plan Development

The Lakeview PM10 Attainment Plan was developed by the Oregon

Department of Environmental Quality in consultation with the Town of

Lakeview, Lake County, the Oregon Department of Transportation, the

Oregon Department of Forestry, and EPA. It was prepared in accordance

with the requirements of the Clean Air Act and EPA regulations. It is

designed to achieve attainment of the NAAQS within the time frame

required by the Act.

II. Summary of Today's Action

EPA is approving the Lakeview Attainment Plan as a revision to the

Oregon State Implementation Plan. This plan contains Oregon's strategy

for meeting the PM10 NAAQS in Lakeview, a moderate PM10 nonattainment

area.

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial submittal and anticipates no

adverse comments. However, in the proposed rules Section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse comments be filed. This rule will be effective November 22,

1999, without further notice unless the Agency receives adverse

comments by October 21, 1999.

If the EPA receives such comments, then EPA will publish a document

withdrawing the final rule and informing the public that the rule will

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period. Parties interested in commenting

should do so at this time. If no such comments are received, the public

is advised that this rule will be effective on November 22, 1999, and

no further action will be taken on the proposed rule.

III. Analysis of State Submission

Section 110(k) of the Act sets out provisions for EPA's review of

SIP submittals (57 FR 13565-13566). The decision to approve Lakeview,

Oregon PM10 Control Plan is based on EPA's belief that the submittal

satisfies all applicable Federal requirements for moderate PM10

nonattainment area SIP revisions.\5\ The following discussion

summarizes the basis for this finding.

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\5\ This document provides general information about EPA's

approval. More detailed discussion of EPA's analysis can be found in

the Technical Support Document for this action (Docket #OR55-7270).

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A. Procedural Background

The Act requires states to follow certain procedural requirements

when developing state implementation plans and plan revisions that will

be submitted to EPA. The Act also requires EPA to follow procedural

requirements when reviewing and acting on these submissions.

Section 110(a)(2) and Section 110(l) of the Act require that all

SIPs and SIP revisions undergo reasonable public notice and public

hearing prior to adoption by the State and approval by EPA.\6\ The Act

also requires EPA to determine whether a State submission is complete

before entering into further review and action (CAA section 110(k)(1);

57 FR 13565).

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\6\ Section 172(c)(7) of the Act also requires that plan

provisions for nonattainment areas meet applicable provisions of

section 110(a)(2).

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Activities that meet the requirements for reasonable public notice

on the part of the State include: (1) A public hearing on the Lakeview

Attainment Plan in Lakeview on February 16, 1995; (2) public notice for

the proposed rule revision via residential mailings and media

notifications.

Activities that meet the requirements for completeness

determination on the part of EPA include: (1) A completeness

determination conducted shortly after submittal; \7\ (2) a letter dated

October 17, 1995, sent to the Director of the Oregon Department of

Environmental Quality (ODEQ) indicating EPA had begun evaluating the

plan in accordance with the Act.

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\7\ EPA's completeness criteria for SIP submittals is specified

in 40 CFR Part 51, Appendix V.

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B. Accurate Emissions Inventory

Section 172(c)(3) of the Act requires that nonattainment plan

provisions include a comprehensive, accurate, and current inventory of

actual emissions from all sources of relevant pollutants in the

nonattainment area. The emissions inventory should also include a

comprehensive, accurate, and current inventory of allowable emissions

in the area (CAA section 110(a)(2)(k)).

An emissions inventory provides information about the relative

contribution of pollution sources within an airshed. It forms the basis

for evaluating control strategies, tracking emission reductions, and

measuring growth. Because this information is required for an area's

attainment

[[Page 51053]]

demonstration (or its demonstration that it cannot practicably attain)

an accurate emissions inventory must accompany each attainment plan

submission (57 FR 13539).

The Lakeview 1992 base year emissions inventory was submitted to

EPA with the attainment plan on June 1, 1995. The year 1992 was chosen

for Lakeview's base year emissions inventory because it is

representative of Lakeview air quality prior to the implementation of

PM10 control measures. The 1992 base year was used as the baseline for

setting emission reduction goals and determining an appropriate

attainment strategy.

The 1992 emissions inventory identifies the relative contribution

of the following major sources of PM10, before the implementation of

control measures. These contributions are calculated on an annual basis

as well as a 24-hour basis during the peak PM10 season (December 1-

February 28).

1992 Base Year--Calculated Emissions Summary 8

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Source 24-hour/peak season Annual

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Industry................................... 21%........................ 34%

Residential Woodheat....................... 58%........................ 42%

Solid Waste Disposal forestry/residential.. **......................... 2%

Fugitive Dust.............................. 11%........................ 19%

Transportation............................. 1%......................... 2%

Other...................................... 9% (incl yard waste)....... 9

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Source 24-hour/no controls 24-hour/all controls

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Industry................................... 51%........................ 40%

Residential Woodheat....................... 36%........................ 34%

Solid Waste Disposal forestry/residential.. **......................... **

Fugitive Dust.............................. 7%......................... 14%

Transportation............................. 1%......................... 2%

Other...................................... 5% (incl. yard waste)...... 10% (incl. yard waste).

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Total.................................. 2732 lbs per day........... 1390 lbs per day.

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** Not calculated.

\9\ Annual calculations are omitted because Lakeview is in attainment for the annual PM10 NAAQS and in fact has

never exceeded the annual standard for PM10. EPA believes the control measures designed to bring the area into

attainment for the 24-hour standard will further reduce annual emissions.

EPA finds the emission inventory to be comprehensive and accurate.

EPA believes it provides a sufficient basis for the Lakeview attainment

demonstration. This finding is consistent with the requirements of

Sections 172(c)(3) and 110(a)(2)(K) of the Act.

C. RACM (Including RACT)

As noted, the Act requires states with moderate PM10 nonattainment

areas designated after the 1990 amendments to submit attainment plans

containing RACM (including RACT) within 18 months of designation. It

also requires that attainment plans provide for the implementation of

RACM (including RACT) no later than four years after designation (57 FR

13540).

Oregon met these deadlines by submitting the Lakeview Attainment

Plan in 1995 and implementing appropriate and timely control measures.

ODEQ determined RACM (including RACT) for Lakeview by: (1)

Conducting a cost and technical analysis of the area's emission

sources; and (2) evaluating available control measures for meeting the

attainment needs of the community.

The results of the emissions inventory and a chemical mass balance

analysis indicated that emissions from residential wood combustion were

the largest source category on days that exceeded the 24-hour PM10

NAAQS. This conclusion was based on an evaluation of an average

exceedance day using 1991-1993 24-hour data. On a worst-case day basis,

residential wood combustion emitted 77.0% of the PM10 mass. This is

equivalent to 163.1 g/m\3\ of the total average actual PM10

mass (211.8 g/m\3\). ODEQ's analysis also indicated that

actual industrial emissions were relatively minor in comparison,

emitting just 3.0% 10 of the total PM10 mass on an average

exceedance day, or 6.4 g/m\3\ of the total (211.8 g/

m\3\).

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\10\ The Lakeview Lumber Products facility ceased operation and

was dismantled in 1995, after the Lakeview SIP was submitted. ODEQ

estimated that this would reduce total industrial emissions in

Lakeview by one half.

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This analysis clearly showed that PM10 values that exceeded the 24-

hour NAAQS were linked to emissions from residential wood combustion.

As a result, ODEQ concluded that an effective attainment strategy for

the 24-hour NAAQS could focus controls on

[[Page 51054]]

this source category, specifically. More stringent controls on

industrial emissions appeared to offer limited benefit, serving only to

reduce what was already a minor contributor to exceedance day values.

Based on dispersion modeling, a RACT analysis, and the attainment

needs of the community, ODEQ determined that the level of control for

the two industrial sources that were operational at the time of

submittal already met the intent of RACT.11 Nevertheless,

the Lakeview Attainment Plan takes a protective approach and includes

two additional control elements.

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\11\ This finding is consistent with EPA's policy that RACM

(including RACT) does not require implementation of all available

control measures when: (1) an area can already achieve timely

attainment; and (2) additional controls will not appreciably

expedite attainment. See 57 FR 13540-13544.

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Revisions to ODEQ's New Source Review Rules will lower the emission

threshold that triggers offset requirements from 15 tons per year to 5.

This 66% reduction will safeguard reductions gained from other control

measures, ensuring they are not jeopardized by future industrial

growth.

Also, one major source agreed to relinquish emission credits

through a revision to the Plant Site Emission Limit in its Air

Contaminate Discharge Permit, permanently reducing its allowable

emissions by 70%.

EPA finds that the existing industrial controls in the Oregon SIP

and those elements identified in the Lakeview Attainment Plan meet the

RACT requirement for approvable RACM. This finding is supported by the

fact that the full complement of control measures in the Lakeview

Attainment Plan provide for attainment of the PM10 NAAQS by December

31, 1999.

1. Lakeview Attainment Strategy

Attainment of the 24-hour PM10 NAAQS by December 31, 1999, and

continued maintenance of the annual PM10 NAAQS are based on the

following creditable control measures: (1) Non-certified woodstove ban;

(2) voluntary woodstove curtailment program; (3) low-income woodstove

removal program; (4) residential open burning restrictions; and (5)

revision to a Plant Site Emission Limit (PSEL).

The following table identifies the control measures in Lakeview's

attainment strategy and summarizes anticipated emission reductions and

credits, where applicable.

Summary--Lakeview PM10 Attainment Strategy

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1999

Control measures--1999 Attainment Year 24-hr credit emission

requested reductions

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a.Non-certified Woodstove Ban............ 22%............ 215

b. Voluntary Woodstove Curtailment 30%............ 202

Program.

c. Winter Road Sanding Controls.......... none........... * *

d. Low-income Woodstove Removal Program.. 17%............ 88

e. Public Education Programs............. none........... * *

f. Residential Open Burning Restrictions 50%............ 8

\12\.

g. Wood Products PSEL Revisions.......... 60%............ 830

h. Industrial Significant Emission Rate.. none........... * *

i. Offset Restrictions................... none........... * *

j. Forestry Slash Burning................ none........... * *

Total reductions claimed................. ............... 1342

Reductions needed for attainment......... ............... 1007

Excess reductions........................ ............... 335

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* * Not calculated.

\12\ Page A-32 of the plan states the approximately 328 tons of

residential yard debris is burned each year between October and April

generating 2.6 tons of PM10. The emission reduction credit claimed for

residential open burning restrictions discussed in the attainment

strategy section of this notice is based on these emission estimates.

See also footnote 8.

EPA accepts the credits for these control measures as proposed.

This decision considers the fact that the Lakeview nonattainment area

has not monitored exceedance of the 24-hour PM10 NAAQS since 1994 and

has never exceeded the annual standard.

a. Non-certified Woodstove Ban. The State of Oregon adopted a

statewide rule prohibiting the sale of any used woodstove not certified

under Oregon's 1986 woodstove emission standard (OAR 340-34-010). In

addition, the Oregon State Building Code Agency amended its

administrative rules to prohibit the installation of non-certified used

woodstoves in new homes.

To enforce these provisions, ODEQ will investigate potential

violations of the non-certified woodstove ban and take appropriate

enforcement actions if necessary. ODEQ has also committed to public

education and outreach activities to increase public awareness and

compliance with the non-certified woodstove ban. The State Building

Code Agency will enforce the regulations prohibiting the installation

of non-certified woodstoves.

Prior to these regulations, approximately 21% of woodstoves

purchased were non-certified. As a result of this ban, each new

woodstove purchased in lieu of a non-certified woodstove will result in

an estimated 50% per unit reduction in PM10 emissions. ODEQ estimates

that this control will reduce Lakeview's PM10 emissions by 215 lbs per

day in the attainment year. EPA accepts the 22% credit claimed for this

control measure.

b. Voluntary Woodburning Curtailment Program. The Lakeview

Voluntary Woodburning Curtailment Program is designed to limit the use

of woodstoves and fireplaces when PM10 levels are most likely to exceed

the 24-hour NAAQS. This voluntary curtailment program has been in

operation and administered by the town of Lakeview since the fall of

1993.

The Lakeview Town Council formally adopted local ordinances

implementing the Lakeview Air Quality and Voluntary Woodburning

Curtailment Programs in February 1995. Also, the Lake County Board of

Commissioners adopted complementary ordinances in March 1995.

The plan specifies that the Lakeview's Voluntary Woodburning

Curtailment Program is operational between

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November 1 and February 28, when PM10 levels are typically elevated.

During this period, curtailment forecasts are made daily at 3:30 p.m.

Air quality forecasts are based on the Klamath Falls curtailment

advisory, a nearby community with similar airshed characteristics. If

the correlation between these communities does not continue, the plan

states ODEQ will develop a site specific forecasting equation for

Lakeview.

The Lakeview Voluntary Woodburning Curtailment Program involves a

three-tier advisory system with different burning restrictions based on

the risk of exceedance. The advisory levels are: (1) GREEN--no

restrictions, NAAQS violations unlikely, PM10 levels less than 80

/m\3\ expected; (2) YELLOW--restrict unnecessary wood burning,

NAAQS violations possible, PM10 levels between 81-150 /m\3\

expected; (3) RED--restrict all wood burning (except homes with

woodheat only), NAAQS violations likely, PM10 levels greater than 150

/m\3\ expected.

The Lakeview Voluntary Woodburning Curtailment Program includes a

woodstove survey and compliance protocol for conducting and evaluating

woodheating visual surveys. These survey procedures and data collection

tools assist Town officials with collecting information on compliance

rates and resulting emission reductions.

The goal of the Lakeview curtailment program is to achieve a 30%

compliance rate on the two to four days per year when NAAQS exceedances

are most likely. The program is administered by the Town of Lakeview

and endorsed by local ordinances. The Town of Lakeview conducts ongoing

assessments of curtailment compliance rates and focuses efforts as

needed on achieving its compliance goal.

ODEQ anticipates success in Lakeview similar to that achieved in

other communities in Oregon with voluntary curtailment programs,

including Medford, Klamath Falls, and La Grande.

EPA accepts the 30% credit claimed for this control measure based

on a 202 lbs per day emission reduction. This finding considers the

merit of the elements above, consistency with EPA guidance, and the

success of similar programs in Oregon.

c. Winter Road Sanding Controls. The base year emissions inventory

estimates that fugitive dust associated with roadways accounts for

approximately 11% of the worst-case day emissions. In winter, the

majority of these emissions are attributed to road de-icing and

application of anti-skid materials. Due to the seasonal nature of this

emission source, ODEQ chose not to pursue year-round RACM measures such

as paving or transportation reduction plans. Instead, the control

measures focus on reducing emissions from winter road sanding.

RACM for fugitive dust in Lakeview involves the following elements

to be carried out by the Oregon Department of Transportation: (1) The

use of cleaner, more durable aggregates; (2) the coordination with

local officials of rapid aggregate cleanup after snow episodes; and (3)

the continued study of liquid chemical deicers as an alternative to

conventional sanding material.

While no credit is claimed, it is expected that this measure will

reduce emissions when they are needed most, during winter-time

inversions when air quality is most likely to become compromised.

d. Low-income Woodstove Removal Program. The woodstove removal

program is an incentive based program that encourages the replacement

of non-certified woodstoves with cleaner burning alternatives, such as

certified stoves, kerosene heaters, and pellet stoves. The program

targets low to moderate income households that use woodstoves as the

primary source of heat.

In August 1994, the Town of Lakeview received a $200,000 State of

Oregon Community Block Grant for the program. Matching funds included:

(1) $5,000 and in-kind services from the Town of Lakeview; and (2)

$2,000 from Lake County. The total sum, $207,000, enabled Lakeview to

offer interest free, deferred payment loans for the replacement of

inefficient woodstoves.

The credit claimed for this control measure is based on the

assumption that non-wood heating systems would be the primary

replacements for non-certified woodstoves. This assumption is

consistent with County permit records that show an overwhelming

preference (90%) for kerosene heating systems in woodstove change-outs.

EPA accepts the 17% credit claimed for this control measure based

on an 88 lbs per day emission reduction.

e. Lakeview Public Education Program. ODEQ considers the Lakeview

Public Education Program to be a cornerstone of the attainment plan's

suite of residential wood combustion controls. This program is designed

to educate the community about the hazards of particulate air pollution

and encourage compliance with emission reduction programs.

Key elements of the public education program include: (1) radio

public service announcements; (2) posters and brochures; (3) bulk

mailings and mail inserts; (4) community meetings; (5) personal contact

to promote proper woodheating practices; (6) press releases on clean

air issues, Air Pollution Index Trends, and woodburning curtailment

calls; (7) newspaper advertisements and radio announcements; (8)

distribution of woodsmoke health effects information; (9) public

speaking engagements and symposiums; (10) coordination with advisory

committees; and (11) a burning advisory telephone system.

While no emission reduction credit is requested, these programs are

integral to the success of other control measures. EPA believes this

measure is central to the voluntary woodburning curtailment program,

partially justifying that credit. EPA believes the Lakeview Public

Education Program is an important part of the Lakeview attainment

strategy.

f. Residential Open Burning Restrictions. The Lakeview Open Burning

Ordinance contains restrictions on residential open burning within the

urban growth boundary. No open burning is allowed except by special

permit.

Permit conditions require that burning be allowed on GREEN

curtailment advisory days only. Violation of permit conditions is

punishable by civil penalty.

EPA accepts the 50% credit claimed for this control measure based

on an 8 lbs per day emission reduction.

g. Wood Products Plant Site Emission Limit Revisions. According to

the 1992 base year emission inventory, the Ostrander Construction

Company's Freemont Sawmill accounts for 25% of the point source

emissions. The facility's Plant Site Emission Limit (PSEL) as defined

in its 1992 air contaminant discharge permit contained a credit of 34.2

lbs per hour (15 tons per year) as a result of the previous shutdown of

the Wigwam burner. The company agreed to relinquish this credit to the

Lakeview airshed.

The subsequent air contaminant discharge permit, effective

September 29, 1994, reflected this reduction and changed the allowable

emissions from a total of 1,190 lbs per day to 360 lbs per day.

EPA accepts the 60% credit claimed for this control measure, based

on an 830 lbs per day emission reduction.

h. Industrial Significant Emission Rate. Oregon Administrative Rule

340-28-110 Significant Emission Rate provision for industrial sources

was amended to add the Lakeview Nonattainment area. This provision will

manage industrial emission growth by lowering the threshold for

significant emission rate increases that trigger

[[Page 51056]]

emission offset requirements for new and modified sources.

As a result of this provision, the significant emission rate that

triggers New Source Review for new and modified sources in Lakeview was

reduced from 15 to 5 tons per year.

No formal emission reduction credit is claimed; however, this

control measure is protective and will likely prevent increases

industrial emissions that are not accounted for in the attainment plan.

i. Offset Restrictions. The offset requirements in OAR 340-28-1930

require any emission increase greater than 5 tons per year be fully

offset. Emission increases greater than 15 tons per year require Lowest

Achievable Emission Rate (LAER) controls.

No formal credit is claimed for this control measure. These

provisions for future industrial growth are expected to protect the

emission reductions achieved with the credited control measures.

j. Forestry Slash Burning. To reduce potential smoke impacts from

forest slash burning, the Oregon Smoke Management Plan (ORS 477.515)

will be amended to create a special protection zone for the Lakeview

PM10 nonattainment area. This special protection zone will provide for

the following voluntary restrictions on prescribed burning within 20

miles of the nonattainment area: (1) prohibition on burning if weather

forecasts predict smoke impacts on the nonattainment area; (2)

monitoring of burns for at least three days for potential smoke impacts

on the nonattainment area; and (3) ban on fires from December 1 to

February 15 when RED woodburning curtailment days are in effect.

D. Attainment Demonstration

1. Requirements

As noted, moderate PM10 nonattainment areas designated after the

enactment of the 1990 Clean Air Act Amendments are required to submit

an attainment demonstration which includes air quality modeling (CAA

section 189(a)(1)(B)). This demonstration must show either the

attainment of the NAAQS as expeditiously as practicable within six

years of designation or that such a date is not practicable (CAA

section 188(c)(1)). The General Preamble sets out EPA's guidance on the

use of modeling for moderate area attainment demonstrations (57 FR

13539).

The 24-hour PM10 NAAQS is 150 g/m\3\. This standard is

attained when the expected number of days per calendar year with a 24-

hour average concentration above 150 g/m\3\ is equal to or

less than one. (40 CFR 50.600)

The annual PM10 NAAQS is 50 g/m\3\. This standard is

attained when the expected annual arithmetic mean concentration is less

than or equal to 50 g/m\3\.

While the Act requires SIP revisions for PM10 nonattainment areas

to include an attainment demonstration for both the 24-hour and annual

NAAQS, Lakeview has never exceeded the annual PM10 NAAQS. The monitored

24-hour exceedances which resulted in Lakeview's nonattainment

designation are well delineated as winter-time events caused primarily

by residential woodsmoke.

ODEQ requested in a August 15, 1994, letter to EPA that the

Lakeview Attainment Plan be allowed to omit a demonstration based on

the annual PM10 NAAQS. Based on review of the emission inventory and

demonstrated lack of annual exceedances, EPA concurred with this

request.

This decision is supported by the following facts: (1) The area has

never exceeded annual standard; (2) all 24-hour exceedances are limited

to the wood heating season; and (3) industrial sources do not

significantly impact exceedance values. These facts are documented in

the Lakeview Attainment Plan.

As a result of this earlier determination, the Lakeview Attainment

Plan provides an attainment demonstration based on the 24-hour PM10

NAAQS only. All the following discussion with regard to Lakeview's

attainment demonstration is based on the 24-hour NAAQS.

2. Methodology

EPA recommends that attainment demonstrations be conducted

according to the PM10 SIP Development Guideline (June 1987). Federal

regulations require demonstration of attainment ``by means of a

proportional model or dispersion model or other procedure which is

shown to be adequate and appropriate for such purposes'' (40 CFR

51.112). The preferred method is a combination of both dispersion and

receptor modeling.

The regulation and guideline also allows the use of dispersion

modeling alone, or the use of two receptor models in combination with

proportional roll-back. In cases where dispersion models can-not or

need-not be broadly applied, receptor modeling such as Chemical Mass

Balance (CMB) is recommended. ODEQ chose the CMB receptor modeling

approach for Lakeview due to the prevalence of stagnate, inverted

airshed conditions. Also, when worst-case days occur, the airshed is

heavily dominated by emissions from area sources such as woodstoves,

fireplaces, and fugitive dust. Because, EPA has not developed an

approved dispersion model for conditions of this type, Lakeview's

attainment demonstration was not based on dispersion modeling.\13\

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

\13\ EPA's 1990 memo from Robert Bauman regarding ``simple

airsheds'' allows the use of proportional roll-back modeling in lieu

of dispersion modeling when local impacts are attributable to only a

few, well characterized source categories.

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

ODEQ conducted an attainment demonstration using receptor modeling

proportional roll-back calculations to estimate the emission reductions

required in 1999 to achieve the 24-hour NAAQS. While this method was

relied upon as the primary authority for worst-case day source

apportionment, two additional methods were used to validate various

aspects of the CMB solutions. Emission inventory estimates and a

dispersion modeling analysis of hog fuel boiler impacts at a reference

monitor site were also used to verify the CMB results.

3. Results

The CMB, emission inventory, and dispersion modeling methods used

to characterize the Lakeview airshed generated results that were in

general agreement. This implies that the results form a credible basis

for the attainment demonstration.

The emission inventory and receptor modeling methods of

characterizing emissions in an airshed generated similar profiles for

Lakeview. The two methods implicated the same significant source

categories; and both methods generated analogous profiles for source

apportionment.

Source apportionment for a future-year 24-hour worst-case day

(attainment year 1999), suggested woodstoves were the primary source of

PM10. According to the emission inventory, woodstove emissions would

make up 46% of total PM10 mass on a 24-hour worst-case day in 1999.

Similarly, the CMB analysis shows that woodstove emissions would

comprise 69% of total PM10 mass.

Using a hypothetical PM10 mass value of 200 g/m\3\ for a

1999 worst-case day for illustration, the emissions inventory results

suggest that 92 g/m\3\ of this total would be from residential

woodsmoke. The CMB analysis results suggest that 138 g/m\3\ of

the total would be from residential woodsmoke. The proportion of total

mass attributable to woodsmoke are in general agreement. Both suggest

that significant reductions in this source could bring total 24-hour

[[Page 51057]]

PM10 mass values below the NAAQS, 150 g/m\3\.

Results from the dispersion modeling of industrial source emissions

from a hog fuel boiler were also in agreement with the CMB analysis.

The CMB analysis indicates a mean contribution of 6.3 g/m\3\.

The dispersion model indicates levels above and below this estimate

depending on the data set used (0.3 g/m\3\. - 7.4 g/

m\3\); however, the results overall support the CMB analysis,

indicating a relatively low impact from this industrial point source.

EPA guidance on CMB modeling specifies that the apportionment

should account for at least 80% of the measured aerosol mass. ODEQ's

analysis met this requirement and accounted for an average 92% mass.

ODEQ determined the 1992 24-hour worst-case day design value

without controls to be 217 g/m\3\ using EPA's table look up

procedure. Other estimates generated with EPA approved methods were

close to, but less than 217 g/m\3\. This base year design

value was used because it was more conservative and more protective.

This value was adjusted for emission growth expected to occur

between the base year (1992) and the attainment year (1999). This

resulted in a 1999 worst-case day design value of 232.8 g/

m\3\. This design value was used to estimate emission reductions needed

to attain the PM10 NAAQS in 1999.

Based on the 232.8 g/m\3\ design value, ODEQ estimated

that 1999 worst-case day emissions must be reduced by 37%, or 83

g/m\3\. This is equivalent to 1007 lbs PM10 emissions per day.

Thus, to attain the standard, the total emission reductions achieved by

the control measures in the attainment strategy must be greater than or

equal to 83 g/m\3\, or 1007 lbs per 1999 worst-case day.

The previously discussed control measures will reduce emissions by

1342 lbs per worst-case day, creating a 335 lbs per day safety margin.

According to proportional roll-back modeling, this reduction will

result in a worst-case day ambient concentration of 122.5 g/

m\3\. This concentration is below 150 g/m\3\ and demonstrates

attainment of the applicable 24-hour PM10 NAAQS.

EPA approves the attainment demonstration. This decision considers

the fact that the area has not monitored any PM10 exceedances since

1994. Air quality monitoring data indicates that Lakeview has attained

the 24-hour PM10 NAAQS and continues to maintain the annual PM10 NAAQS.

It is EPA's opinion that the appropriate air quality model was used

and all significant emission sources and impacts were considered. The

attainment plan demonstrates attainment of the 24-hour PM10 NAAQS by

1999 and maintenance through 2009. EPA also finds that the plan

demonstrates continued maintenance of the annual PM10 NAAQS through

2009.

E. PM10 Precursors

The control requirements that apply to major stationary sources of

PM10 also apply to major stationary sources of PM10 precursors, unless

EPA determines such sources do not contribute significantly to PM10

levels in excess of the NAAQS (CAA Sec. 189(e)). The General Preamble

contains guidance addressing how EPA intends to implement Section

189(e) (57 FR 13539-13542).

ODEQ's technical analysis indicates that emissions from industrial

point sources have considerably less impact on the 24-hour standard

than residential wood combustion in the Lakeview nonattainment area.

Residential wood combustion is further implicated because violations of

the 24-hour standard have consistently occurred during the wood burning

season during extended periods of cold temperature and airshed

stagnation.

The CMB analysis also indicates that secondary particulates are not

a major component of the area's PM10 emissions. This analysis

identifies that, on an adjusted average winter exceedance day, only

4.4% of the average actual PM10 mass is secondary particulate. This

equals approximately 9.32 g/m\3\ of the total average actual

(211.8 g/m\3\) per day.

EPA believes that sources of PM10 precursors do not contribute

significantly to PM10 levels in excess of the NAAQS in the Lakeview

nonattainment area. EPA grants Lakeview exclusion from the control

requirements authorized under Section 189(e) of the Act for major

stationary sources of PM10 precursors.

This general finding is based on the current character of the area.

It is possible that future growth will change the significance of

precursors in the area and warrant reconsideration of this finding.

F. Quantitative Milestones and Reasonable Further Progress

PM10 nonattainment area plan SIP revisions demonstrating attainment

must contain quantitative milestones to be achieved every three years

until the area is redesignated to attainment. Achieving these

incremental reductions in PM10 emissions demonstrates reasonable

further progress, as defined in Section 171(1) of the Act (see also CAA

section 189(c)).

In its interpretation of Section 189(c), the General Preamble

states that the first three-year period begins on the due date for the

applicable implementation plan revision containing control measures for

the area (57 FR 13539). EPA believes that at least two milestones

should be addressed initially. Once a milestone has passed, the state

must demonstrate that the milestone was achieved (CAA section

189(c)(2)).

The Lakeview submittal, received by EPA on June 1, 1995, must

demonstrate reasonable further progress for the time periods April

1995-1998 and April 1998-2001 unless the area attains sooner.

The Lakeview Attainment Plan demonstrates attainment of the PM10

NAAQS by December 31, 1999, and maintenance of the NAAQS through 2009.

The plan satisfies at least two milestones.

EPA approves the submittal as meeting the quantitative milestone

requirement currently due (April 25, 1998). This is supported by the

lack of monitored exceedances since 1994.

G. Enforceability

All emission limits and control in a SIP must be enforceable by

ODEQ and EPA (see CAA section 172(c)(6), CAA section 110(a)(2)(A), and

57 FR 13556). EPA criteria addressing the enforceability of SIP's and

SIP revisions were stated in a September 23, 1987, memorandum (with

attachments) from J. Craig Potter, Assistant Administrator for Air and

Radiation, Thomas L. Adams Jr., Assistant Administrator for Enforcement

and Compliance Monitoring, and Francis S. Blake, General Counsel,

``Review of State Implementation Plans and Revisions for Enforceability

and Legal Sufficiency''. Nonattainment area provisions must also

contain a program that provides for the enforcement of the control

measures and the regulation of modifications and construction of any

stationary source within the area as necessary to assure the NAAQS are

achieved (CAA section 110(a)(2)(c)).

EPA has reviewed the Lakeview Attainment Plan and finds it

enforceable with regard to the considerations discussed above. EPA

believes the plan, including those control measures relied upon for

attainment, satisfies applicable requirements and is fully enforceable

by the state.

The specific control measures contained in the Lakeview Attainment

Plan are discussed in this Federal Register notice under III. Analysis

of State Submission, C. RACM (including RACT). These control measures

apply throughout the nonattainment area and to all applicable

activities, including

[[Page 51058]]

residential woodstove use and other woodburning activities.

The following summarizes the state, city, county, and interagency

commitments that EPA approves as part of the Oregon SIP. These include

required control measures (noted with abstricts) and SIP strengthening

measures.

a. State of Oregon Rules. (1) OAR Division 34*. This division

establishes rules to control, reduce, and prevent air pollution caused

by residential woodheating emissions. Ban on Used Woodstove Sales--OAR

340-34-101 through 340-34-020. These rules establish requirements for

the sale of new and used woodstoves, specifically prohibiting the sale

and resale of non-certified woodstoves. Woodstove Certification

Program--OAR 340-34-045 through 340-34-115. These rules require all new

stoves, unless specifically exempted, to be certified by the

Administrator and be in compliance with particulate emission limits

specified in federal regulations.

(2) OAR 340-28-110. Revisions to the Significant Emission Rate Rule

apply ``Table 3'' Significant Emission Rate Levels to the Lakeview PM10

nonattainment area.

(3) OAR 340-28-1930. The Lakeview Industrial Emission Offset Rule

requires that new major sources or major modifications that increase

PM10 emissions more than 5 tons per year be fully offset. LAER

technology may be applied in lieu of offsets.

(4) OAR 340-30-200 through 340-30-255. These rules establish

industrial dust RACM and special requirements for operation and

maintenance plans for sources in the Lakeview urban growth area.

b. City Resolutions and Ordinances. (1) Resolution No. 402. This

Town of Lakeview resolution establishes and defines a Lakeview Air

Quality Improvement Program to cooperatively restore and maintain

healthful air quality within the Town of Lakeview.

(2) Ordinance No. 748*. This Town of Lakeview ordinance prohibits

the use of solid fuel burning devices during an Air Pollution Alert

Period (unless specifically exempted) and prohibits the rent or lease

of property not equipped with an Alternative Heat Source (on or after

two years from effective date).

(3) Ordinance No. 749*. This Town of Lakeview ordinance prohibits

the burning of solid waste and places additional restrictions on open

burning.

c. County Resolutions and Ordinances. (1) Resolution March 15,

1995. This Lake County resolution establishes the Lake County

Commission's commitment to cooperatively implement the Lakeview Air

Quality Improvement Program within the Lakeview urban growth boundary.

(2) Ordinance No. 29*. This Lake County ordinance prohibits the use

of solid fuel burning devices during an Air Pollution Alert Period

(unless specifically exempted) and prohibits the rent or lease of

property not equipped with an Alternative Heat Source (on or after two

years from effective date).

(3) Ordinance No. 30*. This Lake County ordinance prohibits the

burning of solid waste and places additional restrictions on open

burning.

d. Interagency Commitments. (1) Winter Road Sanding Program. An

Oregon Department of Transportation, Highway Division Memorandum of

Understanding, establishes the Agency's commitment to: (a) identify and

utilize cleaner sanding materials; and (b) clean-up spent sanding

material promptly.

(2) Forestry Smoke Management Plan. Oregon Department of Forestry

amendments to this plan (ORS 477.515) create a special protection zone

for the Lakeview nonattainment area.

H. Contingency Measures

As provided in Section 172(c)(9) of the Act, all moderate

nonattainment area SIPs that demonstrate attainment must include

contingency measures (57 FR 13543-13544).

Contingency measures consist of other available measures that are

not part of the area's initial control strategy. These measures must

take effect without further action by the State or EPA upon

determination by EPA that the area has either: (1) Failed to attain the

PM10 NAAQS by the applicable deadline; or (2) failed to make reasonable

further progress.

EPA guidance recommends that the emission reductions expected from

the implementation of the contingency measures equal 25% of the total

reduction in actual emissions expected from the plan's control strategy

(57 FR 13544). EPA believes that contingency measures must, at a

minimum, provide for continued progress toward attainment during the

time between an area's failure to attain and the state's adoption of

additional measures required by reclassification to serious, where

applicable (57 FR 13511).

The Lakeview Attainment Plan contains three contingency measures.

ODEQ estimates that these controls will reduce PM10 emissions an

additional 249 lbs per day by the year 1999 if implemented. This

represents 25% of expected 1999 emissions after the application of

other control measures. This meets the requirements for contingency

measure reductions applicable to moderate nonattainment areas. The

specific contingency measures are:

1. Mandatory Woodstove Curtailment Program

This measure upgrades the Lakeview voluntary curtailment program to

a mandatory program, including enforcement provisions, procedures,

penalties, and exemptions. This provision is contained in the Town of

Lakeview Air Quality Resolution No. 402. State backup authority exists

in OAR 340-34-150 through OAR 340-34-175. This requires the State to

implement a mandatory program should the local government fail to do

so.

2. Removal of Non-certified Woodstoves

This is State backup authority for requiring the removal of non-

certified woodstoves upon the sale of a home, as contained in OAR 340-

34-200 through 340-34-215. This provision will be implemented

automatically, if necessary to demonstrate RFP or attainment of the

NAAQS.

3. Prescribed Burning

As a contingency, a mandatory forest slash burning program would be

implemented if slash burning smoke is found to be a significant

contributor to PM10 nonattainment.

EPA approves the contingency measures for the Lakeview

nonattainment area.

IV. Implications of This Action

EPA approves the Lakeview, Oregon, PM10 Control Plan as a revision

to the Oregon State Implementation Plan. This attainment plan was

submitted to EPA on June 1, 1995.

EPA finds that the SIP revision meets the requirements for a

moderate nonattainment area and demonstrates attainment of the PM10

NAAQS by the applicable deadline. The fact that Lakeview has not

experienced an exceedance of the 24-hour PM10 NAAQS since 1994 and has

never exceeded the annual PM10 NAAQS further supports this finding.

EPA's action includes approval of the plan's contingency measures.

Nothing in this action should be construed as permitting, allowing,

or establishing a precedent for any future request for revision to any

SIP. Each request for revision to any SIP shall be considered

separately in light of specific technical, economic, and environmental

factors, and in relation to relevant statutory and regulatory

requirements.

[[Page 51059]]

V. Administrative Requirements

A. Oregon Notice Provision

During EPA's review of a SIP revision involving Oregon's statutory

authority, a problem was detected which affected the enforceability of

point source permit limitations. EPA determined that, because the five-

day advance notice provision required by ORS 468.126(1) (1991) bars

civil penalties from being imposed for certain permit violations, ORS

468 fails to provide the adequate enforcement authority that a state

must demonstrate to obtain SIP approval, as specified in Section 110 of

the Clean Air Act and 40 CFR 51.230. Accordingly, the requirement to

provide such notice would preclude federal approval of a Section 110

SIP revision.

To correct the problem the Governor of Oregon signed into law new

legislation amending ORS 468.126 on September 3, 1993. This amendment

added paragraph ORS 468.126(2)(e) which provides that the five-day

advance notice required by ORS 468.126(1) does not apply if the notice

requirement will disqualify a state program from federal approval or

delegation. ODEQ responded to EPA's understanding of the application of

ORS 468.126(2)(e) and agreed that, because federal statutory

requirements preclude the use of the five-day advance notice provision,

no advance notice will be required for violations of SIP requirements

contained in permits.

B. Oregon Audit Privilege

Another enforcement issue concerns Oregon's audit privilege and

immunity law. Nothing in this action should be construed as making any

determination or expressing any position regarding Oregon's Audit

Privilege Act, ORS 468.963 enacted in 1993, or its impact upon any

approved provision in the SIP, including the revision at issue here.

The action taken herein does not express or imply any viewpoint on the

question of whether there are legal deficiencies in this or any other

Clean Air Act Program resulting from the effect of Oregon's audit

privilege and immunity law. A state audit privilege and immunity law

can affect only state enforcement and cannot have any impact on federal

enforcement authorities. EPA may at any time invoke its authority under

the Clean Air Act, including, for example, Sections 113, 167, 205, 211

or 213, to enforce the requirements or prohibitions of the state plan,

independently of any state enforcement effort. In addition, citizen

enforcement under Section 304 of the Clean Air Act is likewise

unaffected by a state audit privilege or immunity law.

C. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order 12866, Regulatory Planning and

Review.

D. Executive Order 12875

Under Executive Order 12875, Enhancing the Intergovernmental

Partnership, EPA may not issue a regulation that is not required by

statute and that creates a mandate upon a State, local or tribal

government, unless the Federal Government provides the funds necessary

to pay the direct compliance costs incurred by those governments, or

EPA consults with those governments. If EPA complies by consulting,

Executive Order 12875 requires EPA to provide to the Office of

Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of State, local and tribal

governments to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.

Today's rule does not create a mandate on State, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of Section 1(a) of Executive

Order 12875 do not apply to this rule.

E. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is

determined to be Economically significant as defined under Executive

Order 12866, and (2) concerns an environmental health or safety risk

that EPA has reason to believe may have a disproportionate effect on

children. If the regulatory action meets both criteria, the Agency must

evaluate the environmental health or safety effects of the planned rule

on children, and explain why the planned regulation is preferable to

other potentially effective and reasonably feasible alternatives

considered by the Agency. This rule is not subject to Executive Order

13045 because it is does not involve decisions intended to mitigate

environmental health or safety risks

F. Executive Order 13084

Under Executive Order 13084, Consultation and Coordination with

Indian Tribal Governments, EPA may not issue a regulation that is not

required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

Government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified Section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments To provide meaningful and

timely input in the development of regulatory policies on matters that

significantly or uniquely affect their communities.

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. Accordingly, the requirements

of Section 3(b) of Executive Order 13084 do not apply to this rule.

G. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

Section 110 and subchapter I, part D of the Clean Air 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act,

[[Page 51060]]

preparation of flexibility analysis would constitute Federal inquiry

into the economic reasonableness of state action. The Clean Air Act

forbids EPA to base its actions concerning SIPs on such grounds. Union

Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.

7410(a)(2).

H. 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

annual costs to State, local, or tribal governments in the aggregate;

or to 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 annual 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.

I. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

``major'' rule as defined by 5 U.S.C. 804(2).

J. 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 November 22, 1999. 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Particulate matter, Reporting

and recordkeeping requirements.

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: August 23, 1999.

Chuck Findley,

Acting Regional Administrator,

Region 10.

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 et seq.

Subpart MM--Oregon

2. Section 52.1970 is amended by adding paragraph (c) (128) to read

as follows:

Sec. 52.1970 Identification of plan.

* * * * *

(c) * * *

(128) On June 1, 1995 the State of Oregon submitted to EPA an

attainment plan for the Lakeview PM10 nonattainment area. This SIP

revision is designed to bring about the attainment of the PM10 NAAQS in

Lakeview and satisfy Federal requirements applicable to moderate PM10

nonattainment areas.

(i) Incorporation by reference.

(A) June 1, 1995 letter from the Director, Oregon Department of

Environmental Quality, the Governor's designee, to Region 10 Regional

Administrator, EPA, submitting the Lakeview, Oregon PM10 Control Plan.

(B) Revision to the Oregon State Implementation Plan: Lakeview,

Oregon PM10 Control Plan; Appendix 3, Lakeview Detailed Emissions

Inventories; Appendix 4, Ordinances and Commitments; Appendix 5,

Demonstration of Attainment; Appendix 9, Woodburning Curtailment Survey

Protocol; Appendix 10, Legal Description of Lakeview PM10 Nonattainment

Area.

(C) Supporting regulations approved as part of the revision, state

effective May 1, 1995: OAR 340-20-047; OAR 340-21-010, -012, -025, -

200; OAR 340-30-043, -300, -310, -340; OAR 340-34-150, -200, -210.

[FR Doc. 99-24447 Filed 9-20-99; 8:45 am]

BILLING CODE 6560-50-U