[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Rules and Regulations]
[Pages 8385-8388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4519]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

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


Approval and Promulgation of Implementation Plans: Oregon

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) approves revisions to 
the State of Oregon Implementation Plan. EPA is approving revisions to 
Oregon Administrative Rules (OAR) Chapter 340, Divisions 21 through 24, 
26, 27, 30, and 34 submitted to EPA on May 28, 1993, and a revision to 
Division 22 submitted to EPA on September 27, 1995, and revisions to 
Division 20, 21, 22, 25, 27, and 30 submitted to EPA on October 8, 
1996, to satisfy the requirements of section 110 of the Clean Air Act 
(CAA) and 40 CFR part 51.

DATES: This action is effective on April 28, 1997 unless adverse or 
critical comments are received by March 27, 1997. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Montel Livingston, 
SIP Manager, Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue, 
Seattle, Washington 98101.
    Documents which are incorporated by reference are available for 
public inspection at the Air and Radiation Docket and Information 
Center, Environmental Protection Agency, 401 M Street, SW, Washington, 
D.C. 20460. Copies of material submitted to EPA may be examined during 
normal business hours at the following locations: EPA, Region 10, 
Office of Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, Washington 
98101, and ODEQ.
FOR FURTHER INFORMATION CONTACT: Catherine Woo, Office of Air Quality 
(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-1814.

SUPPLEMENTARY INFORMATION:

I. Background

    The Oregon Department of Environmental Quality (ODEQ) submitted to 
EPA revisions to OAR, Divisions 21-24, 26, 27, 30 and 34, on May 28, 
1993. A separate revision to Division 22-100, -130, and -137 was 
submitted September 27, 1995. A third revision to Divisions 20, 21, 22, 
25, 27, and 30 was submitted October 8, 1996.
    The revisions submitted on May 28, 1993, were State-effective on 
March 10, 1993. The submittal contained revisions to Oregon's General 
Emission Standards For Particulate Matter (OAR 340-21-010, -027, -040, 
-055 through -230, and -240 through -245); General Gaseous Emissions 
(OAR 340-22-005 through -100, -104 through -120, and -133 through -
640); Rules For Open Burning (OAR 340-23-022 through -115); Motor 
Vehicles Visible Emissions (OAR 340-24-300 through -307, and -325); 
Field Burning Rules (OAR 340-26-001 through -015, and -031 through -
055); Air Pollution Emergencies (OAR 340-27-010 through -035); Specific 
Air Pollution Control Rules For Areas With Unique Air Quality Control 
Needs (OAR 340-30-005, -012 through -030, and -035 through -230); and 
Residential Woodheating (OAR 340-34-001 through -215.)
    The revisions submitted on September 27, 1995, were State-effective 
on November 2, 1994. The submittal contained revisions to Oregon's 
requirements for General Gaseous Emissions (OAR 340-22-110, 22-130 and 
22-137.)

[[Page 8386]]

    The following revisions were submitted on October 8, 1996 with 
their respective effective dates: State of Oregon Clean Air Act 
Implementation Plan (OAR 340-020-0047, effective date September 24, 
1996); General Emission Standards for Particulate Matter (OAR 340-21-
0005 through -0007, -0015 through -0025, -0030 through -0035, -0045 
through -0050, and -0235, effective date January 29, 1996); General 
Gaseous Emissions (OAR 340-022-0102, effective date March 29, 1996, and 
-0130, effective date December 6, 1995); Specific Industrial Standards 
(OAR 340-025-0260 through -0265, effective date December 6, 1995, -
0280, effective date December 6, 1995, and -0320 through -0325, 
effective date January 29, 1996); Air Pollution Emergencies (OAR 340-
027-0005, effective date September 24, 1996); and Specific Air 
Pollution Control Rules For Areas With Unique Air Quality Control Needs 
(OAR 030-0007, -0010 and -0031, effective date January 29, 1996.)

II. Discussion

    This action approves the following parts of the May 28, 1993, and 
September 27, 1995, submittals:
    OAR 340-21-005 through -060 and OAR 340-21-200 through -240 
(General Emission Standards for Particulate Matter) contained editorial 
changes which were minor in nature and are approved as such.
    OAR 340-22-005 through -300 (General Gaseous Emissions) contained 
editorial changes which were housekeeping in nature and are approved as 
such. OAR 320-22-100 added two new source categories, Aerospace 
Component Coatings and Automotive Gasoline. Changes for OAR 340-22-110 
and OAR 340-22-137, submitted on September 27, 1995, added permit and 
permit fee requirements to Gasoline Dispensing Facilities ($50 
application fee) and Testing Vapor Transfer and Collection Systems ($25 
application fee), along with editorial housekeeping changes, which are 
approved.
    OAR 340-23-022 to 115 (Rules for Open Burning) contained editorial 
changes which were housekeeping in nature and are approved as such. OAR 
340-23-030 added terms to the Definitions of open burning 
(``ventilation index,'' ``Waste,'' and ``yard debris''), which are 
approved. OAR 340-23-110 (requiring fire permit issuing agencies to 
maintain records of open burning permits) was repealed by the 
Department of Environmental Quality and EPA is approving its deletion 
from the SIP as it has no adverse impact on air quality.
    OAR 340-24-300 through -307 and OAR 340-24-325 (Motor Vehicle 
Visible Emissions) contained editorial changes which were housekeeping 
and clarifying in nature and are approved as such.
    OAR 340-26-001 through -055 (Field Burning Rules) contained 
editorial changes which were housekeeping and clarifying in nature and 
are approved as such. OAR 340-26-005 contained additions to their 
Definitions for Field Burning Rules (``fire safety buffer zone,'' 
``marginal day,'' ``open burning,'' ``propane flaming permit,'' 
``released allocation,'' and ``stack burning permit'') which are 
approved. OAR 340-26-013 also added a maximum acreage to be propane-
flamed annually in the Willamette Valley, which is approved.
    OAR 340-27-005 through -035 (Air Pollution Emergencies) contained 
editorial changes which were housekeeping in nature and approved as 
such. The Tables within OAR 340-27-005 through -035 also contained 
clarifications which are approved.
    OAR 340-30-005 through -230 (Specific Air Quality Rules for Areas 
With Unique Needs) contained editorial changes which were housekeeping 
in nature and approved as such.
    OAR 340-34-001 through -210 (Residential Woodheating) contained 
editorial changes which were housekeeping and clarifying in nature and 
are approved as such.
    This action approves the following parts of the October 8, 1996, 
submittal:
    OAR 340-20-0047 (State of Oregon Clean Air Act Implementation Plan) 
contained administrative changes which were routine in nature and are 
approved as such.
    OAR 340-21-0005, -0015 through -0025, -0030 through -0035, -0045 
through -0050, and -0235 (General Emission Standards for Particulate 
Matter) contained clarification changes and are approved as such.
    OAR 340-22-0102 (General Gaseous Emissions) contained clarification 
changes for the definition of ``VOC'' and is approved. OAR-22-0130 also 
contained clarification changes and is approved.
    OAR 340-25-0260 through -0265, -0280, and -0320 through -0325 
(Specific Industrial Standards) contained clarification changes and are 
approved.
    OAR 340-27-0005 (Air Pollution Emergencies) contained clarification 
changes to the definitions and is approved.
    OAR 340-30-0007, Emission Limitations, was added to explain how the 
limits would be calculated and is approved. OAR 340-30 -0010 and -0031 
contained clarification changes and are approved.
    OAR 340-21-0007 (Application) will not be acted upon by EPA at this 
time and is deferred to a later date.

III. Summary of Action

    EPA is approving the following revisions to OAR Chapter 340, 
Divisions 21 through 24, 26, 27, 30, and 34 as submitted on May 28, 
1993, revisions to Division 22 as submitted on September 27, 1995, and 
revisions to Divisions 20, 21, 22, 25, 27, and 30 as submitted on 
October 8, 1996. The following is a list of sections of Divisions 20 
through 25, 26, 27, 30, and 34 being approved.

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

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

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

Division 21--General Emission Standards for Particulate Matter (With 
State-effective Dates)

21-005  Definitions (1-29-96)
21-010  Special Control Areas (3-10-93)
21-015  Visible Air Contaminant Limitations (1-29-96)
21-020  Fuel Burning Equipment Limitations (1-29-96)
21-025  Refuse Burning Equipment Limitations (1-29-96)
21-027  Municipal Waste Incinerator in Coastal Areas (3-10-93)
21-030  Particulate Emission Limitations for Sources Other Than Fuel 
Burning and Refuse Burning Equipment (1-29-96)

Particulate Emissions From Process Equipment

21-035  Applicability (1-29-96)
21-040  Emission Standard (3-10-93)
21-045  Determination of Process Weight (3-10-93)

Fugitive Emissions

21-050  Definitions (1-29-96)
21-055  Applicability (3-10-93)
21-060  Requirements (3-10-93)

Industrial Contingency Requirements for PM-10 Nonattainment Areas

21-200  Purpose (3-10-93)
21-205  Relation to Other Rules (3-10-93)
21-210  Applicability (3-10-93)
21-215  Definitions (3-10-93)
21-220  Compliance Schedule for Existing Sources (3-10-93)
21-225  Wood-Waste Boilers (3-10-93)
21-230  Wood Particulate Dryers at Particleboard Plants (3-10-93)
21-235  Hardboard Manufacturing Plants (1-29-96)
21-240  Air Conveying Systems (3-10-93)
21-245  Fugitive Emissions (3-10-93)

Division 22--General Gaseous Emissions General Emission Standards for 
Sulfur Content of Fuels

22-005  Definitions (3-10-93)
22-010  Residual Fuel Oils (3-10-93)

[[Page 8387]]

22-015  Distillate Fuel Oils (3-10-93)
22-020  Coal (3-10-93)
22-025  Exemptions (3-10-93)

General Emission Standards for Sulfur Dioxide

22-050  Definitions (3-10-93)
22-055  Fuel Burning Equipment (3-10-93)

General Emission Standards for Volatile Organic Compounds

22-100  Introduction (12-6-95)
22-102  Definitions (3-29-96)

Limitations and Requirements

22-104  General Requirements for New and Existing Sources (3-10-93)
22-106  Exemptions (3-10-93)
22-107  Compliance Determination (3-10-93)
22-108  Applicability of Alternative Control Systems (3-10-93)
22-110  Gasoline Dispensing Facilities (3-10-93)
22-120  Bulk Gasoline Plants and Delivery Vessels (3-10-93)
22-130  Bulk Gasoline Terminals (12-6-95)
22-137  Testing Vapor Transfer and Collection Systems (11-2-94)
22-140  Cutback and Emulsified Asphalt (3-10-93)
22-150  Petroleum Refineries (3-10-93)
22-153  Petroleum Refinery Leaks (3-10-93)
22-160  Liquid Storage (3-10-93)
22-170  Surface Coating in Manufacturing (3-10-93)
22-175  Aerospace Component Coating Operations (3-10-93)
22-180  Degreasers (3-10-93)
22-183  Open Top Vapor Degreasers (3-10-93)
22-186  Conveyorized Degreasers (3-10-93)
22-190  Asphaltic and Coal Tar Pitch Used for Roofing Coating (3-10-
93)
22-200  Flat Wood Coating (3-10-93)
22-210  Rotogravure and Flexographic Printing (3-10-93)
22-220  Perchloroethylene Dry Cleaning (3-10-93)
22-300  Reid Vapor Pressure for Gasoline, except that in Paragraph 
(6) only sampling procedures and test methods specified in 40 CFR 
Part 80 are approved (3-10-93)

Division 23--Rules for Open Burning

23-022  How to Use These Open Burning Rules (3-10-93)
23-025  Policy (3-10-93)
23-030  Definitions (6-16-84); (15) ``Disease and Pest Control'' (3-
10-93)
23-035  Exemptions, Statewide (3-10-93)
23-040  General Requirements Statewide (3-10-93)
23-042  General Prohibitions Statewide (3-10-93)
23-043  Open Burning Schedule (3-10-93)
23-045  County Listing of Specific Open Burning Rules (3-10-93)

Open Burning Prohibitions

23-055  Baker, Clatsop, Crook, Curry, Deschutes, Gilliam, Grant, 
Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, 
Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, and 
Wheeler Counties (3-10-93)
23-060  Benton, Linn, Marion, Polk, and Yamhill Counties (3-10-93)
23-065  Clackamas County (3-10-93)
23-070  Multnomah County (3-10-93)
23-075  Washington County (3-10-93)
23-080  Columbia County (3-10-93)
23-085  Lane County (3-10-93)
23-090  Coos, Douglas, Jackson and Josephine Counties (3-10-93)
23-100  Letter Permits (3-10-93)
23-105  Forced Air Pit Incinerators (3-10-93)
23-110  Records and Reports (3-10-93)
23-115  Open Burning Control Areas (3-10-93)

Division 24--Motor Vehicles: Motor Vehicle Emission Control Inspection 
Test Criteria, Methods and Standards

24-300  Scope (3-10-93)
24-301  Boundary Designations (3-10-93)
24-305  Definitions (3-10-93)
24-306  Publicly Owned and Permanent Fleet Vehicle Testing 
Requirements (3-10-93)
24-307  Motor Vehicle Inspection Program Fee Schedule (3-10-93)
24-325  Heavy Duty Gasoline Motor Vehicle Emission Control Test 
Criteria (3-10-93)

Primary Aluminum Plants

25-260  Definitions (12-6-95)
25-265  Emission Standards (12-6-95)
25-280  Monitoring (12-6-95)

Specific Industrial Standards

25-320  Particleboard Manufacturing Operations (1-29-96)
25-325  Hardboard Manufacturing Operations (1-29-96)

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

26-001  Introduction (3-10-93)
26-003  Policy (3-10-93)
26-005  Definitions (3-10-93)
26-010  General Requirement (3-10-93)
26-012  Registration, Permits, Fees, Records (3-10-93)
26-013  Acreage Limitations, Allocations (3-10-93)
26-015  Daily Burning Authorization Criteria (3-10-93)
26-031  Burning by Public Agencies (Training Fires) (3-10-93)
26-033  Preparatory Burning (3-10-93)
26-035  Experimental Burning (3-10-93)
26-040  Emergency Burning, Cessation (3-10-93)
26-045  Propane Flaming (3-10-93)
26-055  Stack Burning (3-10-93)

Division 27--Air Pollution Emergencies

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

27-0005  Introduction (9-24-96)

Division 30--Specific Air Pollution Control Rules for the Medford-
Ashland Air Quality Maintenance Area

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

30-0007  Emission Limitations (1-29-96)
30-0010  Definitions (1-29-96)
30-0031  Hardboard Manufacturing Plants (1-29-96)

Division 34--Residential Wood Heating

34-001  Purpose (3-10-93)
34-020  Civil Penalties (3-10-93)

Woodburning Curtailment

34-150  Applicability (3-10-93)
34-155  Determination of Air Stagnation Conditions (3-10-93)
34-160  Prohibition on Woodburning During Periods of Air Stagnation 
(3-10-93)
34-165  Public Information Program (3-10-93)
34-170  Enforcement (3-10-93)
34-175  Suspension of Department Program (3-10-93)

Woodstove Removal Contingency Program for PM-10 Nonattainment Areas

34-200  Applicability (3-10-93)
34-205  Removal and Destruction of Uncertified Stove Upon Sale of 
Home (3-10-93)
34-210 Home Seller's Responsibility to Verify Stove Destruction (3-
10-93)
34-215 Home Seller's Responsibility to Disclose (3-10-93)

    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective April 28, 1997 unless, by March 27, 1997 adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on the document found in the 
proposed rule section of today's Federal Register serving as a proposed 
rule. The EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, the public is 
advised that this action will be effective April 28, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State Implementation Plan (SIP). Each request for 
revision to the State Implementation Plan shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

IV. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the

[[Page 8388]]

procedures published in the Federal Register on January 19, 1989 (54 FR 
2214-2225), as revised by a July 10, 1995, memorandum from Mary 
Nichols, Assistant Administrator for Air and Radiation. The Office of 
Management and Budget (OMB) has exempted this regulatory action from 
E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, Part D, of the 
CAA do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-State relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action as promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 28, 1997. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2), 42 U.S.C. 
7607(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: January 15, 1997.
Charles Findley,
Acting Regional Administrator.

    Note: Incorporation by reference of the Implementation Plan for 
the State of Oregon was approved by the Director of the Office of 
Federal Register on July 1, 1982.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

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

Subpart MM--Oregon

    2. Section 52.1970 is amended by adding paragraph (c) (116) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (116) On May 27, 1993, September 27, 1995, and October 8, 1996, the 
Director of ODEQ submitted to the Regional Administrator of EPA 
revisions to its Oregon SIP: the Oregon Administrative Rules (OAR), 
Housekeeping Amendments (Chapter 340, Divisions 21 through 24, 26, 27, 
30, and 34); OAR, Division 22, General Gaseous Emissions (340-22-100, -
130, and -137); and OAR, Divisions 20, 21, 22, 25, 27 and 30).
    (i) Incorporation by reference.
    (A) May 27, 1993, letter from ODEQ to EPA submitting a revision to 
the Oregon Administrative Rules: Housekeeping Amendments, Oregon 
Administrative Rules, Chapter 340, Divisions 21 through 24, 26, 27, 30, 
and 34, State-effective on March 10, 1993.
    (B) September 27, 1995, letter from ODEQ to EPA submitting a 
revision to the Oregon Administrative Rules: Permits and Fees for Stage 
I Vapor Recovery Program, Division 22, General Gaseous Emissions, 
Sections 100, 130, and 137, State-effective on November 2, 1994.
    (C) October 8, 1996, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules: OAR 340-020-0047 (State-effective 
on September 24, 1996); OAR 340-21-0005, -0015, -0020, -0025, -0030, -
0035, -0045, -0050, and -0235 (State-effective on January 29, 1996); 
OAR 340-022-0102 (State-effective on March 29, 1996), and -0130 (State-
effective on December 6, 1995); OAR 340-025-0260 and -0265 (State-
effective on December 6, 1995), -0280 (State-effective on December 6, 
1995), -0320 and -0325 (State-effective on January 29, 1996); OAR -027-
0005 (State-effective on September 24, 1996); OAR 030-0007, -0010 and -
0031 (State-effective on January 29, 1996).

[FR Doc. 97-4519 Filed 2-24-97; 8:45 am]
BILLING CODE 6560-50-P