Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 80747 

22350–3100. EXCEPTION: DoD Inspector 

General. DoD Office of Inspector General, 400 

Army Navy Drive, Arlington, VA 22202– 

4704. 

(2) Department of the Army. U.S. Army 

Declassification Activity, Attention: AHRC– 

RDD, 8850 Richmond Highway, Suite 300, 

Alexandria, VA 22309. 

(3) Department of the Navy. 

(i) Department of the Navy, Chief of Naval 

Operations, CNO N09N2, 2000 Navy 

Pentagon, Washington, DC 20350–2000. 

(Collateral MDR). 

(ii) Department of the Navy, Chief of Naval 

Operations, CNO N2/N6, 2000 Navy 

Pentagon, Washington, DC 20350–2000. 

(Sensitive Compartmented Information 

MDR). 

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Department of the Air Force, HAF/IMIO 

(MDR), 1000 Air Force Pentagon, 

Washington, DC 20330–1000. 

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Commandant of the Marine Corps, HQMC 

Code PP&O, Security Division (PS), 3000 

Marine Corps Pentagon, Room 4A324, 

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Agency. Defense Advanced Research Projects 

Agency, 3701 N. Fairfax Drive, Arlington, VA 

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Director, Defense Contract Audit Agency, 

Attention: CPS, 8725 John J. Kingman Road, 

Suite 2135, Fort Belvoir, VA 22060–6219. 

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Defense Information Systems Agency, 

Attention: Security Division, MPS 6, 5111 

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22041. 

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Intelligence Agency, Attention: DAN–1A 

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Logistics Agency, Attention: DLA/DSS–S, 

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Defense Threat Reduction Agency, Attention: 

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Belvoir, VA 22060–6201. 

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Agency. National Geospatial-Intelligence 

Agency, Mail Stop D–10, 4600 Sangamore 

Road, Bethesda, MD 20816–5003. 

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Declassification Office, DJP5, 9800 Savage 

Road, Suite 6884, Fort George G. Meade, MD 

20755–6884. 

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Command. HQ NORAD/CSO, 250 

Vandenberg St. Ste B016, Peterson AFB, CO 

80914. 

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Command, Unit 29951, ATTN: COS–FOIA, 

APO AE 09751. 

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Command, Attention: CCJ6–RDD, 7115 South 

Boundary Blvd., MacDill AFB, FL 33621– 

5101. 

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European Command, Attention: ECJ1–AX, 

Unit 30400, APO AE 09131. 

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Forces Command, Code J02SM, 1562 

Mitscher Ave., Suite 200, Norfolk, VA 

23511–2488. 

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Northern Command, HQ USNORTHCOM/ 

CSO, 250 Vandenberg Street, Suite B016, 

Peterson AFB, CO 80914–3804. 

(23) U.S. Pacific Command. U.S. Pacific 

Command, Attention: J151 FOIA, Box 64017, 

Camp Smith, HI 96861–4017. 

(24) U.S. Southern Command. U.S. 

Southern Command, Attention: SCJ2–SM– 

CFO (FOIA)’’.3511 NW 91st Avenue, Miami, 

FL 33172–1217. 

(25) U.S. Special Operations Command. 

U.S. Special Operations Command, 

Attention: SOCS–SJS–SI (FOIA), 7701 Tampa 

Point Blvd., MacDill AFB, FL 33621–5323. 

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Strategic Command, Attention: CS50, 901 

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6000. 

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(28) Interagency Security Classification 

Appeals Panel http://www.archives.gov/isoo/ 

oversight-groups/iscap/index.html. 

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Review (MDR) Contacts at Federal Agencies 

http://www.archives.gov/isoo/contact/mdrcontact.html. 

Dated: December 21, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2011–33104 Filed 12–23–11; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0767, FRL–9494–9] 

Approval and Promulgation of 

Implementation Plans; Oregon: New 

Source Review/Prevention of 

Significant Deterioration Rule 

Revisions and Air Quality Permit 

Streamlining Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the amendments to the Oregon 

State Implementation Plan (SIP) that 

were proposed on September 23, 2011. 

No comments were received on the 

proposal and today EPA is taking final 

action to approve the proposed SIP 

amendments without change. EPA is 

approving the SIP submission provided 

by the State of Oregon for the purpose 

of addressing the third element of the 

interstate transport provisions of Clean 

Air Act (CAA or the Act) for the 1997 

8-hour ozone National Ambient Air 

Quality Standards (NAAQS or 

standards) and the 1997 and 2006 fine 

particulate matter (PM2.5) NAAQS. The 

third element of the CAA requires that 

a state not interfere with any other 

state’s required measures to prevent 

significant deterioration (PSD) of its air 

quality. EPA is also approving 

numerous revisions to the Oregon SIP 

that were submitted to EPA by the State 

of Oregon on October 8, 2008; October 

10, 2008; March 17, 2009; June 23, 2010; 

December 22, 2010 and May 5, 2011. 

The revisions include updating 

Oregon’s new source review (NSR) rules 

to be consistent with current Federal 

regulations, adding greenhouse gases 

(GHGs) to the list of pollutants whose 

emissions are subject to control under 

the State’s NSR permitting process; and 

streamlining Oregon’s air quality rules 

by clarifying requirements, removing 

duplicative rules, and correcting errors. 

The Federal Implementation Plan (FIP) 

that EPA promulgated on December 9, 

2010, providing for federal 

implementation of PSD permitting for 

GHGs is also withdrawn as part of this 

action because it is being replaced 

through the approval of the State’s 

regulations providing authority for PSD 

permitting of GHG emissions. The 

revisions were submitted in accordance 

with the requirements of section 110 

and part D of the Act. Finally, EPA has 

identified a technical error in its most 

recent codification of the Oregon SIP 

and is making a technical correction to 

reinstate text that had been 

unintentionally omitted from that 

section. 

DATES: This action is effective on 

January 26, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2011–0767. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 


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80748 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 

1See 62 FR 38856. The level of the 1997 8-hour 

ozone NAAQS is 0.08 parts per million (ppm). 40 

CFR part 50.10. The 8-hour ozone standard is met 

when the 3-year average of the annual 4th highest 

daily maximum 8-hour ozone concentrations is 0.08 

ppm or less (i.e., less than 0.085 ppm based on the 

rounding convention in 40 CFR part 50, appendix 

I). This 3-year average is referred to as the ‘‘design 

value.’’ 

2See 62 FR 38652. The level of the 1997 PM2.5

NAAQS are 15.0 mg/m3 (annual arithmetic mean 

concentration) and 65 mg/m3 (24-hour average 

concentration). 40 CFR part 50.7. The annual 

standard is met when the 3-year average of the 

annual mean concentrations is 15.0 mg/m3 or less 

(i.e., less than 15.05 mg/m3 based on the rounding 

convention in 40 CFR part 50, appendix N section 

4.3). The 24-hour standard is met when the 3-year 

average annual 98th percentile of 24-hour 

concentrations is 65 mg/m3 or less (i.e., less than 

65.5 mg/m3 based on the rounding convention in 40 

CFR part 40 appendix N section 4.3). Id. These 3- 

year averages are referred to as the annual PM2.5 and 

24-hour PM2.5 ‘‘design values,’’ respectively. 

3See 71 FR 61144 . In 2006, the 24-hour PM2.5

NAAQS standard was changed from 65 mg/m3 to 35 

mg/m3 (24-hour average concentration). The annual 

PM2.5 standard was not changed. 40 CFR 50.13. 

4This interstate transport report was 

inadvertently left out of the original June 23, 2010, 

SIP submittal. 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste, 

and Toxics, AWT–107, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

EPA requests that you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Scott Hedges at telephone number: (206) 

553–0296, email address: 

hedges.scott@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

A. Third PSD Element of Oregon’s 

Interstate Transport SIP for the 1997 

Ozone and 1997 and 2006 p.m.2.5

NAAQS 

B. Oregon’s NSR/PSD Permitting Program 

C. Agricultural Operations (as specified in 

Oregon Revised Statute 468A.020) 

D. Permitting Rule Corrections, 

Clarifications and Streamlining 

II. Final Action 

A. Rules to Approve into SIP 

B. Rules on which No Action is Taken 

III. Statutory and Executive Order Reviews 

I. Background 

Title I of the CAA, as amended by 

Congress in 1990, specifies the general 

requirements for states to submit State 

Implementation Plans (SIPs) to attain 

and/or maintain the NAAQS and EPA’s 

actions regarding approval of those SIPs. 

On October 8, 2008, October 10, 2008, 

March 17, 2009, June 23, 2010, 

December 22, 2010 and May 5, 2011, the 

Oregon Department of Environmental 

Quality (ODEQ) submitted numerous 

revisions to the SIP for the State of 

Oregon. On September 23, 2011 (76 FR 

59090), EPA solicited public comment 

on a proposal to approve specified 

portions of the State’s submissions. See 

76 FR 59090. No public comments were 

received on the proposal and we are 

now taking final action to approve the 

SIP revisions as described in the 

September 23, 2011, proposal. 

A. Third PSD Element of Oregon’s 

Interstate Transport SIP for the 1997 

Ozone and 1997 and 2006 PM2.5

NAAQS 

On July 18, 1997, EPA promulgated 

the 1997 8-hour ozone 1 NAAQS and the 

1997 PM2.5 NAAQS 2. Additionally on 

December 18, 2006, EPA revised the 

1997 24-hour PM2.5 standard.3 Today’s 

actions relate to these revised standards 

(the 1997 8-hour ozone NAAQS and the 

1997 and 2006 PM2.5 NAAQS). 

The interstate transport SIP 

provisions in section 110(a)(2)(D)(i) 

(also called ‘‘good neighbor’’ provisions) 

require each state to submit a SIP that 

contains provisions that prohibit 

emissions that adversely affect another 

state in the ways contemplated in the 

statute. Section 110(a)(2)(D)(i) identifies 

four distinct elements related to the 

evaluation of impacts of interstate 

transport of air pollutants. In this 

rulemaking EPA is approving Oregon’s 

SIP with respect to the third element of 

that section. The third element of 

section 110(a)(2)(D)(i) requires a SIP to 

contain adequate provisions prohibiting 

emissions that interfere with any other 

state’s required measures to prevent 

significant deterioration of its air 

quality. 

As a part of its SIP submittal 

addressing interstate transport, ODEQ 

submitted an analysis entitled ‘‘Oregon 

SIP Infrastructure for Addressing the 

Interstate Transport of Ozone and Fine 

Particulate Matter’’, dated November 5, 

2009, to EPA on December 22, 2010.4

EPA finds that ODEQ’s submission, 

when evaluated in conjunction with the 

NSR/PSD rule revisions that EPA is also 

approving in today’s action, meets the 

requirements under the CAA necessary 

to avoid interference with another 

state’s SIP measures for preventing 

significant deterioration of air quality. 

We are, therefore, approving Oregon’s 

SIP submission for purposes of meeting 

the requirements of CAA section 

110(a)(2)(D)(i) that addresses the third 

PSD element of the interstate transport 

provisions for the 1997 8-hour ozone 

NAAQS and the 1997 and 2006 PM2.5

NAAQS. 

B. Oregon’s NSR/PSD Rule Revisions 

On December 31, 2002, EPA 

published final rule changes to the PSD 

and nonattainment NSR programs (67 

FR 80186) and on November 7, 2003, 

EPA published a notice of final action 

on the reconsideration of the December 

31, 2002 final rule changes (68 FR 

63021). The December 31, 2002 and the 

November 7, 2003, final actions, are 

collectively referred to as the ‘‘2002 

NSR Reform Rules.’’ 

The 2002 NSR Reform Rules require 

that state agencies adopt and submit 

revisions to their SIP permitting 

programs implementing the minimum 

program elements of the 2002 NSR 

Reform Rules no later than January 2, 

2006. To meet this requirement, ODEQ 

submitted an NSR reform equivalency 

demonstration report on December 22, 

2005. 

For the reasons discussed in EPA’s 

proposed action, EPA has determined 

that Oregon’s PSD program for 

reviewing and controlling emissions 

from new and modified sources is at 

least as strict as EPA’s program. We 

have reviewed Oregon’s NSR/PSD 

program and ODEQ’s recent rule 

revisions and have determined that the 

NSR/PSD program meets the current 

requirements in 40 CFR 51.165 and 

51.166. Accordingly, EPA is taking final 

action to approve these measures into 

the federally approved SIP. 

On May 5, 2011, ODEQ submitted a 

series of additional rule changes as 

revisions to the Oregon SIP. These rule 

changes are necessary to align its rules 

with significant changes made to EPA’s 

air quality permitting regulations, 

including the 2002 NSR Reform Rules 

(published on December 31, 2002, 

effective date March 3, 2003), and the 

permitting of PM2.5 (direct PM2.5 and 

PM2.5 precursors) and GHG emissions. 

The SIP submittal covers revisions to 

OAR chapter 340, divisions 200, 202, 

216, 224, 225, and 228. 

The rule revisions include the 

adoption of a threshold or significant 

emission rate of 10 tons per year of 

PM2.5 as a significant change at an 

existing facility. Facilities would trigger 


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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 80749 

5Carbon dioxide equivalent or CO2e is a unit of 

measurement that allows the effect of different 

GHGs to be compared using carbon dioxide as a 

standard unit for reference. 

6Oregon’s rules use the terms ‘‘significant 

emission threshold’’ or ‘‘significant emission rate 

(SER)’’ for GHG PSD permitting purposes. However, 

these terms do not have the same meaning as 

‘‘significant’’ as used in the context of EPA’s PSD 

regulation at 40 CFR 51.166. EPA has not 

established a significant emission rate for GHGs 

under 40 CFR 51.166(b)(23)(i). Oregon’s PSEL PSD 

permitting program establishes a GHG threshold of 

75,000 CO2e to tailor the application of its PSD 

permitting program in a manner similar to EPA’s 

GHG Tailoring Rule. 7See 75 FR 82246, 82254 (December 20, 2010). 

NSR/PSD permitting only if a physical 

or operational change increased 

emissions above this threshold. The rule 

revisions also include the adoption of 

levels to determine if additional 

ambient air quality analysis is required, 

track the cumulative impact of 

emissions growth in areas that meet air 

quality standards, and determine if 

preconstruction monitoring is required 

for PM2.5. 

In addition, the May 5, 2011, SIP 

submittal includes rules to allow the 

permitting of GHG emissions under 

Oregon’s NSR/PSD program. Oregon’s 

definition of ‘‘federal major source’’ is 

almost identical to EPA’s definition of 

‘‘major stationary source’’ and as such, 

Oregon has tailored its PSD rules in a 

manner identical to EPA’s with respect 

to major sources of GHG emissions. That 

is, for a ‘‘federal major source’’ to be 

‘‘major’’ for GHGs under the Oregon 

PSD program, it must have the potential 

to emit GHGs equal to or greater than 

100,000 tons per year on a carbon 

dioxide equivalent (CO2e) basis and a 

potential to emit GHGs equal to or 

greater than 100/250 tons per year on a 

mass basis.5 However, Oregon’s 

definition of ‘‘major modification’’ is 

substantially different than (but 

equivalent to) EPA’s definition of 

‘‘major modification’’ so Oregon has 

tailored its PSD rule in a different 

manner in order to produce the same 

outcome with respect to major 

modifications for GHGs as EPA’s 

Tailoring Rule. 

In order for Oregon’s PSEL-based 

definition to have the same effect as 

EPA’s definition of ‘‘major 

modification’’ with respect to GHG 

emissions (i.e., an increase greater than 

75,000 tons per year on a CO2e basis 

and an increase greater than ‘‘zero’’ on 

a mass basis), Oregon’s rule requires the 

establishment of PSELs on a CO2e basis 

and an increase in the PSEL of more 

than 75,000 tons per year on a CO2e 

basis, before a ‘‘major modification’’ 

under the Oregon rules will have 

occurred.6 This approach is consistent 

with how the Oregon program defines 

major modifications for all other NSR 

regulated pollutants and results in the 

same outcome as EPA’s Tailoring Rule 

with respect to major modifications for 

GHG emissions. 

EPA finds that these provisions are 

consistent with EPA’s GHG Tailoring 

Rule and is approving the GHG PSD 

permitting provisions into the federally 

approved Oregon SIP, providing Oregon 

with the authority to issue PSD permits 

addressing GHG emissions. EPA is 

simultaneously withdrawing the FIP 

codified in 40 CFR 52.1987(d) that 

ensures the availability of a PSDpermitting authority for GHG-emitting 

sources in Oregon to reflect the fact that 

analogous provisions are now a part of 

the federally-approved SIP. EPA has 

identified a technical error in 40 CFR 

52.1987 whereby subsections (a), (b), 

and (c) were erroneously omitted from 

the code of federal regulations when 

EPA promulgated the GHG FIP and 

added subsection (d).7 In this action, 

EPA is clarifying that subsections (a), 

(b), and (c) should not have been 

omitted from the text of the CFR as EPA 

never provided notice of its intent (and 

did not intend) to remove those 

provisions from the SIP. 

C. Agricultural Operations (as Specified 

in Oregon Revised Statute 468A.020) 

The CAA does not provide an 

exemption for agricultural operations 

while, prior to 2007, Oregon’s State law 

exempted most agricultural operations 

from air quality regulations. To address 

this discrepancy, the 2007 Oregon 

Legislature (in accordance with Oregon 

Senate Bill 235) updated Oregon’s air 

quality law (Oregon Revised Statute 

(ORS) 468.020 and 468A.020) to be 

consistent with the Federal CAA 

enabling the regulation of air emissions 

from agricultural sources if necessary to 

implement the Federal CAA. The 

Oregon Environmental Quality 

Commission in turn adopted rule 

amendments to OAR (340) 200–0030, 

(340) 210–0205, and (340) 264–0040 to 

align these rules with ORS 468A.020 

and to make revisions to Oregon’s SIP 

and the Oregon Title V operating permit 

program. The revisions to OAR (340) 

200–0030, (340) 210–0205, and (340) 

264–0040 were submitted to EPA by 

ODEQ on October 8, 2008. OAR rules 

now allow agricultural air quality 

pollution sources to be regulated in 

Oregon as necessary to meet CAA 

requirements. 

EPA believes that the revised ORS 

468A.020 (in conjunction with the 

corresponding revisions to the OAR 

(340) 200–0030, (340) 210–0205, and 

(340) 264–0040) meet CAA 

requirements and, therefore, are 

approving these revised OAR provisions 

into the federally approved Oregon SIP. 

D. Permitting Rule Corrections, 

Clarifications and Streamlining 

EPA is also approving portions of the 

October 10, 2008, March 17, 2009, and 

June 23, 2010, SIP submittals from 

ODEQ that correct previous errors, 

provide clarification and streamline air 

quality permitting rules in the State of 

Oregon. 

On November 5, 1999, ODEQ 

submitted a complete rule renumbering 

to EPA for approval. On January 22, 

2003 (68 FR 2891), we approved most of 

these new divisions but at that time did 

not take action on division 208 (Visible 

Emissions and Nuisance Requirements). 

We are now approving rules 0010 

(Definitions), 0100 (Visible Emissions, 

Applicability), 0110 (Visible Emissions, 

Visible Air Contaminant Limitations), 

0200 (Fugitive Emissions Requirements, 

Applicability) and 0210 (Fugitive 

Emissions Requirements) of division 

208 into the Oregon SIP which replace 

division 21, rules 015, 050, 055, and 

060, which are simultaneously being 

removed from the SIP (codified in 40 

CFR 52.1970(c)(153)(i)(G)). 

We are also approving Oregon’s 

current excess emission rules (division 

214, rules 0300 through 0360 that were 

included in the October 10, 2008 SIP 

submittal) into the Oregon SIP. These 

division 214 rules replace the federallyapproved division 28, rules 1400, 1410, 

1420, 1430, 1440, and 1450, which are 

simultaneously removed from the SIP in 

this action (codified in 40 CFR 

52.1970(c)(153)(i)(G)). EPA finds that 

the division 214 rules conform to 

Federal standards related to excess 

emissions. Oregon’s excess emission 

provisions specify the factors that the 

State will take into account regarding 

the exercise of its enforcement 

discretion in response to excess 

emissions. 

Additionally, as part of October 10, 

2008 SIP submittal, ODEQ submitted a 

revision to repeal outdated rules 

governing wigwam waste burners with a 

statewide prohibition on their use 

(division 234, rules 0110, 0120, and 

0130) and redundant kraft pulp mill 

rules (division 234, rules 0230 and 

0260). These rules are removed from the 

SIP in this action (codified in 40 CFR 

52.1970(c)(154)(i)(A)). 

These rules are described with 

additional specificity in our proposal for 

this action (76 FR 59090). 

II. Final Action 

EPA is taking final action to approve 

into Oregon’s federally-approved SIP 


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80750 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 

the provisions discussed in the 

September 23, 2011, proposal. This 

action will result in the following 

changes to the Oregon SIP in 40 CFR 

part 52, subpart MM. 

A. Rules Approved Into SIP 

EPA is approving into the Oregon SIP 

at 40 CFR part 52, subpart MM, the 

following revisions to chapter 340 of the 

OAR listed in Table 1. It is important to 

note that in those instances where 

ODEQ submitted multiple revisions to a 

single rule of chapter 340 of the OAR, 

the most recent version of that rule 

(based on State effective date) is being 

incorporated into the SIP since it 

supersedes all previous revisions. 

TABLE 1—ODEQ REGULATIONS BEING APPROVED

State citation Title/subject 

State 

effective 

date 

Explanation 

OAR 340–200—General Air Pollution Procedures and Definitions 

0010 ............................ General, Purpose and Application ....................................................... 11/8/2007 

0020 ............................ General, General Air Quality Definitions ............................................. 5/1/2011 Including Tables 1–5. 

0025 ............................ General, Abbreviations and Acronyms ................................................ 5/1/2011 

0030 ............................ General, Exceptions ............................................................................. 9/17/2008 

OAR 340–202—Ambient Air Quality Standards and PSD Increments 

0010 ............................ Definitions ............................................................................................ 5/1/2011 

0060 ............................ Ambient Air Quality Standards, Suspended Particulate Matter .......... 5/1/2011 

0090 ............................ Ambient Air Quality Standards, Ozone ................................................ 5/21/2010 

0130 ............................ Ambient Air Quality Standards, Ambient Air Quality Standard for 

Lead.

5/21/2010 

0210 ............................ Prevention of Significant Deterioration Increments, Ambient Air Increments.5/1/2011 Including Table 1. 

OAR 340–204—Designation of Air Quality Areas 

0010 ............................ Definitions ............................................................................................ 5/21/2010 

0030 ............................ Designation of Nonattainment Areas ................................................... 5/21/2010 

OAR 340–206—Air Pollution Emergencies 

0010 ............................ Introduction .......................................................................................... 5/21/2010 

0030 ............................ Episode Stage Criteria for Air Pollution Emergencies ......................... 5/21/2010 Including Table 2. 

OAR 340–208—Visible Emissions and Nuisance Requirements 

0010 ............................ Definitions ............................................................................................ 11/8/2007 

0100 ............................ Visible Emissions, Applicability ............................................................ 2/5/2001 

0110 ............................ Visible Emissions, Visible Air Contaminant Limitations ....................... 11/8/2007 

0200 ............................ Fugitive Emission Requirements, Applicability .................................... 2/5/2001 

0210 ............................ Fugitive Emission Requirements, Requirements ................................. 2/5/2001 

OAR 340–209—Public Participation 

0040 ............................ Public Notice Information ..................................................................... 11/8/2007 

0070 ............................ Hearings and Meeting Procedures ...................................................... 11/8/2007 

0080 ............................ Issuance or Denial of a Permit ............................................................ 11/8/2007 

OAR 340–210—Stationary Source Notification Requirements 

0205 ............................ Notice of Construction and Approval of Plans, Applicability ............... 9/17/2008 

OAR 340–214—Stationary Source Reporting Requirements 

0010 ............................ Definitions ............................................................................................ 11/8/2007 

0300 (Formally OAR– 

340–28–1400).

Excess Emissions and Emergency Provision, Purpose and Applicability.11/8/2007 

0310 (Formally OAR– 

340–28–1410).

Excess Emissions and Emergency Provision, Planned Startup and 

Shutdown.

11/8/2007 

0320 (Formally OAR– 

340–28–1420).

Excess Emissions and Emergency Provision, Scheduled Maintenance.11/8/2007 

0330 (Formally OAR– 

340–28–1430).

Excess Emissions and Emergency Provision, All Other Excess 

Emissions.

11/8/2007 

0340 (Formally OAR– 

340–28–1440).

Excess Emissions and Emergency Provision, Reporting Requirements.11/8/2007 

0350 (Formally OAR– 

340–28–1450).

Excess Emissions and Emergency Provision, Enforcement Action 

Criteria.

11/8/2007 

0360 ............................ Emergency as an Affirmative Defense ................................................ 11/8/2007 


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TABLE 1—ODEQ REGULATIONS BEING APPROVED—Continued 

State citation Title/subject 

State 

effective 

date 

Explanation 

OAR 340–216—Air Contaminant Discharge Permits 

0020 ............................ Applicability .......................................................................................... 5/1/2011 Including Tables 1 and 2. 

0040 ............................ Application Requirements .................................................................... 5/1/2011 

0060 ............................ General ACDPs ................................................................................... 5/1/2011 

0064 ............................ Simple ACDP ....................................................................................... 5/1/2011 

0082 ............................ Termination or Revocation of an ACDP .............................................. 11/8/2007 

OAR 340–222—Stationary Source Plant Site Emission Limits 

0020 ............................ Applicability .......................................................................................... 8/29/2008 

OAR 340–224 Major New Source Review 

0010 ............................ Applicability and General Prohibitions ................................................. 5/1/2011

0050 ............................ Requirements for Sources in Nonattainment Areas ............................ 5/1/2011 

0060 ............................ Requirements for Sources in Maintenance Areas ............................... 5/1/2011 

0070 ............................ Prevention of Significant Deterioration Requirements for Sources in 

Attainment or Unclassified Areas.

5/1/2011 

OAR 340–225—Air Quality Analysis Requirements 

0020 ............................ Definitions ............................................................................................ 5/1/2011 Including Table 1. 

0030 ............................ Procedural Requirements .................................................................... 5/1/2011 

0045 ............................ Requirements for Analysis in Maintenance Areas .............................. 5/1/2011 

0050 ............................ Requirements for Analysis in PSD Class II and Class III Areas ......... 5/1/2011 

0060 ............................ Requirements for Demonstrating Compliance with Standards and Increments in PSD Class I Areas.5/1/2011 

0090 ............................ Requirements for Demonstrating a Net Air Quality Benefit ................ 5/1/2011 Except 0090(2)(a)(C) addressing 

interpollutant offset ratios. 

OAR 340–228—Requirements for Fuel Burning Equipment and Fuel Sulfur Content 

0020 ............................ Definitions ............................................................................................ 11/8/2007 

0200 ............................ General Emission Standards for Fuel Burning Equipment, Sulfur Dioxide Standards.11/8/2007 

0210 ............................ General Emission Standards for Fuel Burning Equipment, Grain 

Loading Standards.

11/8/2007 

OAR 340–232—Emission Standards for VOC Sources 

0010 ............................ Introduction .......................................................................................... 11/8/2007 

OAR 340–234—Emission Standards for Wood Products Industries 

0010 ............................ Definitions ............................................................................................ 11/8/2007 Except 0010(24), 0010(26)(a) 

and 0010(44) addressing total 

reduced sulfur (TRS) emissionrelated definitions. 

0100 ............................ Wigwam Waste Burners, Wigwam Waste Burners ............................. 11/8/2007 

0110 ............................ Wigwam Waste Burners, Authorization to Operate a Wigwam Burner 11/8/2007 Rule repealed, remove from SIP. 

0120 ............................ Wigwam Waste Burners, Emission and Operation Standards for 

Wigwam Waste Burners.

11/8/2007 Rule repealed, remove from SIP. 

0130 ............................ Wigwam Waste Burners, Monitoring and Reporting ........................... 11/8/2007 Rule repealed, remove from SIP. 

0140 ............................ Wigwam Waste Burners, Existing Administrative Agency Orders ...... 11/8/2007 

0210 ............................ Kraft Pulp Mills, Emission Limitations .................................................. 11/8/2007 Except 0210(1) addressing TRS 

emission limitations. 

0230 ............................ Kraft Pulp Mills, Plans and Specifications ........................................... 11/8/2007 Rule repealed, remove from SIP. 

0240 ............................ Kraft Pulp Mills, Monitoring .................................................................. 11/8/2007 Except 0240(1) addressing TRS 

monitoring provisions. 

0250 ............................ Kraft Pulp Mills, Reporting ................................................................... 11/8/2007 Except 0250(1) and 0250(2) addressing TRS reporting provisions. 

0260 ............................ Kraft Pulp Mills, Upset Conditions ....................................................... 11/8/2007 Rule repealed, remove from SIP. 

0500 ............................ Board Product Industries, Applicability and General Provisions ......... 11/8/2007 

0510 ............................ Board Product Industries, Veneer and Plywood Manufacturing Operations.11/8/2007 

0520 ............................ Board Product Industries, Particleboard Manufacturing Operations ... 11/8/2007 

0530 ............................ Board Product Industries, Hardboard Manufacturing Operations ....... 11/8/2007 


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80752 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 

TABLE 1—ODEQ REGULATIONS BEING APPROVED—Continued 

State citation Title/subject 

State 

effective 

date 

Explanation 

OAR 340–236—Emission Standards for Specific Sources 

0010 ............................ Definitions ............................................................................................ 11/8/2007 

0410 ............................ Hot Asphalt Plants, Control Facilities Required .................................. 11/8/2007 

OAR 340–264—Rules for Open Burning 

0040 ............................ Exemptions, Statewide ........................................................................ 9/17/2008 

B. Rules on Which No Action Is Taken 

The following provisions were 

included in the SIP submittals 

discussed above. However, EPA is 

taking no action to incorporate them 

into Oregon’s federally approved SIP at 

this time. 

OAR 340–200—General Air Pollution 

Procedures and Definitions, rule 0040, 

General, ‘‘State of Oregon Clean Air 

Act Implementation Plan’’. 

OAR 340–215—Greenhouse Gas 

Reporting Requirements. 

OAR 340–218—Oregon Title V 

Operating Permits, rules 0010, 0020, 

0040, 0050, 0120, 0150, 0180, 0190 

and 0250. 

OAR 340–225—Air Quality Analysis 

Requirements, rule 0090, 

Requirements for Demonstrating a Net 

Air Quality Benefit, paragraph (a)(C) 

addressing interpollutant offset ratios 

for PM2.5.

OAR 340–228—Requirements for Fuel 

Burning Equipment and Fuel Sulfur 

Content, rules 0672, 0673, 0676, and 

0678 (Mercury Rules for Coal-Fired 

Power Plants). 

OAR 340–228—Requirements for Fuel 

Burning Equipment and Fuel Sulfur 

Content, rule 0300, Federal Acid Rain 

Program, Federal Regulations 

Adopted by Reference. 

OAR 340–230—Incinerator Regulations. 

OAR 340–234—Standards for Wood 

Products Industries—Specific 

references to TRS emission limits or 

definitions. 

OAR 340–246—Oregon State Air Toxics 

Program, rule 0230, Safety Net Source 

Air Toxics Emissions Reduction 

Measures in Permit. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: November 9, 2011. 

Dennis J. McLerran, 

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 paragraphs (c)(153) and (154) to 

read as follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

(153) On October 8, 2008, October 10, 

2008, March 17, 2009, June 23, 2010, 

December 22, 2010, and May 5, 2011, 

the Oregon Department of 

Environmental Quality submitted 

numerous amendments to the Oregon 

Administrative Rules as revisions to the 

Oregon State implementation plan. The 

revisions include updating Oregon’s 

new source review rules to be consistent 

with current Federal regulations and 

streamlining Oregon’s air quality rules 

by clarifying requirements, removing 

duplicative rules, and correcting errors. 

(i) Incorporation by reference. 

(A) The following revised sections of 

the Oregon Administrative Rules, 

Chapter 340, effective February 5, 2001: 


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(1) Division 208, Visible Emissions 

and Nuisance Requirements: Rule 0100, 

Visible Emissions, Applicability; Rule 

0200, Fugitive Emission Requirements, 

Applicability; Rule 0210, Fugitive 

Emission Requirements, Requirements. 

(B) The following revised sections of 

the Oregon Administrative Rules, 

Chapter 340, effective November 8, 

2007: 

(1) Division 200, General Air 

Pollution Procedures and Definitions: 

Rule 0010, General, Purpose and 

Application; 

(2) Division 208, Visible Emissions 

and Nuisance Requirements: Rule 0010, 

Definitions; Rule 0110, Visible 

Emissions, Visible Air Contaminant 

Limitations; 

(3) Division 209, Public Participation: 

Rule 0040, Public Notice Information; 

Rule 0070, Hearing and Meeting 

Procedures; Rule 0080, Issuance or 

Denial of a Permit; 

(4) Division 214, Stationary Source 

Reporting Requirements: Rule 0010, 

Definitions; Rule 0300, Excess 

Emissions and Emergency Provision, 

Purpose and Applicability; Rule 0310, 

Excess Emissions and Emergency 

Provision, Planned Start-up and 

Shutdown; Rule 0320, Excess Emissions 

and Emergency Provision, Scheduled 

Maintenance; Rule 0330, Excess 

Emissions and Emergency Provision, All 

Other Excess Emissions; Rule 0340, 

Excess Emissions and Emergency 

Provision, Reporting Requirements; 

Rule 0350, Excess Emissions and 

Emergency Provision, Enforcement 

Action Criteria; Rule 0360, Excess 

Emissions and Emergency Provision, 

Emergency as an Affirmative Defense; 

(5) Division 216, Air Contaminant 

Discharge Permits: Rule 0082, 

Termination or Revocation of an ACDP; 

(6) Division 228, Requirements for 

Fuel Burning Equipment and Fuel 

Sulfur Content: Rule 0020, Definitions; 

Rule 0200, General Emission Standards 

for Fuel Burning Equipment, Sulfur 

Dioxide Standards; Rule 0210, General 

Emission Standards for Fuel Burning 

Equipment, Grain Loading Standards; 

(7) Division 232, Emission Standards 

for VOC Point Sources: Rule 0010, 

Introduction; 

(8) Division 234, Emission Standards 

for Wood Products Industries: Rule 

0010, Definitions (except for paragraphs 

(24), (26)(a) and (44)); Rule 0100, 

Wigwam Waste Burners, Wigwam Waste 

Burners; Rule 0140, Wigwam Waste 

Burners, Existing Administrative 

Agency Orders; Rule 0210, Kraft Pulp 

Mills, Emission Limitations (except for 

paragraph (1)); Rule 0240, Kraft Pulp 

Mills, Monitoring (except for paragraph 

(1)); Rule 0250, Kraft Pulp Mills, 

Reporting (except for paragraphs (1) and 

(2)); Rule 0500, Board Products 

Industries (Veneer, Plywood, 

Particleboard, Hardboard), Applicability 

and General Provisions; Rule 0510, 

Board Products Industries (Veneer, 

Plywood, Particleboard, Hardboard), 

Veneer and Plywood Manufacturing 

Operations; Rule 0520, Board Products 

Industries (Veneer, Plywood, 

Particleboard, Hardboard), Particleboard 

Manufacturing Operations; Rule 0530, 

Board Products Industries (Veneer, 

Plywood, Particleboard, Hardboard), 

Hardboard Manufacturing Operations; 

(9) Division 236, Emission Standards 

for Specific Industries: Rule 0010, 

Definitions; Rule 0410, Hot Mix Asphalt 

Plants, Control Facilities Required. 

(C) The following revised sections of 

the Oregon Administrative Rules, 

Chapter 340, effective August 29, 2008: 

(1) Division 222, Stationary Source 

Plant Site Emission Limits: Rule 0020, 

Applicability. 

(D) The following revised sections of 

the Oregon Administrative Rules, 

Chapter 340, effective September 17, 

2008: 

(1) Division 200, General Air 

Pollution Procedures and Definitions: 

Rule 0030, General, Exceptions; 

(2) Division 210, Stationary Source 

Notification Requirements: Rule 0205, 

Notice of Construction and Approval of 

Plans, Applicability; 

(3) Division 264, Rules for Open 

Burning: Rule 0040, Exemptions, 

Statewide. 

(E) The following revised sections of 

the Oregon Administrative Rules, 

Chapter 340, effective May 21, 2010: 

(1) Division 202, Ambient Air Quality 

Standards and PSD Increments: Rule 

0090, Ambient Air Quality Standards, 

Ozone; Rule 0130, Ambient Air Quality 

Standards, Ambient Air Quality 

Standard for Lead; 

(2) Division 204, Designation of Air 

Quality Areas: Rule 0010, Definitions; 

Rule 0030, Designation of 

Nonattainment Areas; 

(3) Division 206, Air Pollution 

Emergencies: Rule 0010, Introduction; 

Rule 0030, Episode Stage Criteria for Air 

Pollution Emergencies (including Table 

2, Air Pollution Episode Warning 

Conditions Emission Reduction Plan). 

(F) The following revised sections of 

the Oregon Administrative Rules, 

Chapter 340, effective May 1, 2011: 

(1) Division 200, General Air 

Pollution Procedures and Definitions: 

Rule 0020, General, General Air Quality 

Definitions (including Table 1, 

Significant Air Quality Impact; Table 2, 

Significant Emission Rates; Table 3, 

Significant Emission Rates for the 

Medford-Ashland Air Quality 

Maintenance Area; Table 4, De Minimus 

Emission Levels; Table 5, General 

PSELs); Rule 0025, General, 

Abbreviations and Acronyms; 

(2) Division 202, Ambient Air Quality 

Standards and PSD Increments: Rule 

0010, Definitions; Rule 0060, Ambient 

Air Quality Standards, Suspended 

Particulate Matter; Rule 0210, 

Prevention of Significant Deterioration 

Increments, Ambient Air Increments 

(including Table 1, Maximum 

Allowable Increase); 

(3) Division 216, Air Contaminant 

Discharge Permits: Rule 0020, 

Applicability (including Table 1, Air 

Contaminant Discharge Permits; Table 

2, Part 1 Initial Permitting Application 

Fees, Part 2 Annual Fees, Part 3 Specific 

Activity Fees, Part 4 Late Fees); Rule 

0040, Application Requirements; Rule 

0060, General Air Contaminant 

Discharge Permits; Rule 0064, Simple 

ACDP; 

(4) Division 224, Major New Source 

Review: Rule 0010, Applicability and 

General Prohibitions; Rule 0050, 

Requirements for Sources in 

Nonattainment Areas; Rule 0060, 

Requirements for Sources in 

Maintenance Areas, Rule 0070, 

Prevention of Significant Deterioration 

Requirements for Sources in Attainment 

or Unclassified Areas; 

(5) Division 225, Air Quality Analysis 

Requirements: Rule 0020, Definitions 

(including Table 1, Constant K for Range 

of Influence Calculation); Rule 0030, 

Procedural Requirements; Rule 0045, 

Requirements for Analysis in 

Maintenance Areas; Rule 0050, 

Requirements for Analysis in PSD Class 

II and Class III Areas; Rule 0060, 

Requirements for Demonstrating 

Compliance With Standards and 

Increments in PSD Class I Areas; and 

Rule 0090, Requirements for 

Demonstrating a Net Air Quality Benefit 

(except paragraph (2)(a)(C)). 

(G) Remove the following rules from 

section 340 to the OAR from the current 

incorporation by reference: Divisions 

21, Rules 015, 050, 055 and 060; and 

Division 28. See paragraph(s) 

(c)(116)(i)(A), (c)(116)(i)(C), 

(c)(118)(i)(B) and (c)(139)(i)(B) of this 

section. 

(154) On October 10, 2008, the Oregon 

Department of Environmental Quality 

submitted a SIP revision to repeal 

outdated rules governing wigwam waste 

burners with a statewide prohibition on 

their use, and to repeal redundant kraft 

pulp mill rules. 

(i) Incorporation by reference. 

(A) Remove the following rules of 

section 340 of the OAR from the current 

incorporation by reference: Division 

234, Rules 0110, 0120, 0130, 0230 and 


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80754 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 

0260. See paragraph (c)(139)(i)(A) of this 

section. 

■ 3. Section 52.1987 is revised to read 

as follows: 

§ 52.1987 Significant deterioration of air 

quality. 

(a) The Oregon Department of 

Environmental Quality rules for the 

prevention of significant deterioration of 

air quality (provisions of OAR Chapter 

340, Divisions 200, 202, 209, 212, 216, 

222, 224, 225 (except 225–0090(2)(a)(C) 

on interpollutant offset ratios), and 268, 

as in effect on May 1, 2011, are 

approved as meeting the requirements 

of title I, part C, subpart 1 of the Clean 

Air Act, as in effect on July 1, 2011, for 

preventing significant deterioration of 

air quality. 

(b) The Lane Regional Air Pollution 

Authority rules for permitting new and 

modified major stationary sources (Title 

38 New Source Review) are approved, 

in conjunction with the Oregon 

Department of Environmental Quality 

rules, in order for the Lane Regional Air 

Pollution Authority to issue prevention 

of significant deterioration permits 

within Lane County. 

(c) The requirements of sections 160 

through 165 of the Clean Air Act are not 

met for Indian reservations since the 

plan does not include approvable 

procedures for preventing the 

significant deterioration of air quality on 

Indian reservations and, therefore, the 

provisions in § 52.21 except paragraph 

(a)(1) are hereby incorporated and made 

part of the applicable plan for Indian 

reservations in the State of Oregon. 

■ 4. In § 52.1989, paragraph (a) is 

revised to read as follows: 

§ 52.1989 Interstate Transport for the 1997 

8-hour ozone NAAQS and 1997 24-hour 

PM2.5 NAAQS. 

(a) On June 23, 2010 and December 

22, 2010, the Oregon Department of 

Environmental Quality submitted a SIP 

revision, adopted by the Oregon 

Environmental Quality Commission on 

April 30, 2010, to meet the requirements 

of Clean Air Act section 110(a)(2)(D)(i). 

EPA approves the portion of this 

submittal relating to significant 

contribution to nonattainment of the 

NAAQS in any other state and 

interference with maintenance of the 

NAAQS by any other state. EPA also 

approves the portion of the submittal 

addressing the requirement in Clean Air 

Act section 110(a)(2)(D)(i)(II) that a state 

not interfere with any other state’s 

required measures to prevent significant 

deterioration (PSD) of its air quality (the 

third PSD element). 

* * * * * 

■ 5. Section 52.1990 is added to read as 

follows: 

§ 52.1990 Interstate Transport for the 2006 

24-hour PM2.5 NAAQS. 

(a) EPA approves the portion of 

Oregon’s SIP revision submitted June 

23, 2010, and December 22, 2010 

(referenced in § 52.1989(a)) addressing 

the requirement in Clean Air Act section 

110(a)(2)(D)(i)(II) that a state not 

interfere with any other state’s required 

measures to prevent significant 

deterioration (PSD) of its air quality (the 

third PSD element). 

(b) [Reserved] 

[FR Doc. 2011–33012 Filed 12–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2011–0675; FRL–9611–3] 

Approval and Promulgation of 

Implementation Plans; State of 

Kansas: Regional Haze 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a revision to the State 

Implementation Plan (SIP) for Kansas, 

submitted by the Kansas Department of 

Health and Environment on October 26, 

2009, that addresses Regional Haze for 

the first implementation period. EPA 

has determined that the plan submitted 

by Kansas satisfies the requirements of 

the Clean Air Act (CAA or Act), for 

states to prevent any future and remedy 

and existing anthropogenic impairment 

of visibility in Class I areas caused by 

emissions of air pollutants located over 

a wide geographic area (also known as 

the ‘‘regional haze’’ program). EPA 

proposed to approve these revisions on 

August 23, 2011 (76 FR 52604). 

DATES: Effective Date: This rule will be 

effective January 26, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R07–OAR– 

2011–0675. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air Planning and Development 

Branch, Air and Waste Management 

Division, U.S. Environmental Protection 

Agency, Region 7, 901 North 5th Street, 

Kansas City, KS 66101. EPA requests 

that if at all possible, you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section for further 

information. The regional office’s 

official hours of business are Monday 

through Friday, 8:30 to 4:30, excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Chrissy Wolfersberger, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, 901 N. 5th Street, Kansas City, 

Kansas 66101; by telephone at (913) 

551–7864; or by email at 

wolfersberger.chris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. Public comments and EPA responses 

III. Final action 

IV. Statutory and Executive Order reviews 

I. Background 

On August 23, 2011 (76 FR 52604), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Kansas, proposing approval of Kansas’ 

regional haze plan for the first 

implementation period (through 2018). 

A detailed explanation of the CAA’s 

visibility requirements and the regional 

haze rule as it applies to Kansas was 

provided in the NPR and will not be 

restated here. EPA’s rationale for 

proposing approval of the Kansas SIP 

revision was described in detail in the 

proposal, and is further described in 

this final rulemaking. 

II. Public comments and EPA responses 

The publication of EPA’s proposed 

rule on August 23, 2011 initiated a 30 

day public comment period that ended 

on September 22, 2011. During the 

public comment period we received 

written comments from the State of 

Colorado, the Kansas Department of 

Health and Environment on behalf of 

the State of Kansas (State), Kansas City 

Power & Light, Westar Energy, and the 

National Parks Conservation 

Association (NPCA). We have 

summarized the comments and 

provided our responses below. Full 

copies of the comment letters are 

available in the docket for this 

rulemaking. 


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