36824 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Schulingkamp, (215) 814–2021, 

or by email at schulingkamp.joseph@

epa.gov. 

SUPPLEMENTARY INFORMATION: On June 8, 

2018, the West Virginia Department of 

Environmental Protection (WVDEP) 

submitted a formal revision to its SIP 

pertaining to amendments of Legislative 

Rule, 45CSR8—Ambient Air Quality 

Standards. The SIP revision consists of 

revising the effective date of the 

incorporation by reference of the 

NAAQS and the associated monitoring 

reference and equivalent methods. 

I. Summary of SIP Revision 

This SIP revision is required by 

WVDEP in order to update the State’s 

incorporation by reference of the 

primary and secondary NAAQS and the 

ambient air monitoring reference and 

equivalent methods, found in 40 CFR 

parts 50 and 53, respectively. Currently, 

45CSR8 incorporates by reference 40 

CFR parts 50 and 53 as effective on June 

1, 2016. Since that date, EPA retained 

the standard for lead and made a 

technical correction to the particulate 

standard. See 81 FR 71906 and 82 FR 

14325, respectively. EPA also 

designated one new ambient air 

monitoring reference method for 

measuring concentrations of sulfur 

dioxide, four new ambient air 

monitoring equivalent methods for 

measuring concentrations of fine and 

coarse particulate matter (PM2.5 and 

PM10, respectively), and two new 

equivalent methods for measuring 

concentrations of nitrogen dioxide 

(NO2) in ambient air. 

The amendments to the legislative 

rule include the following changes: To 

section 45–8–1 (General), the filing, 

effective, and incorporation by reference 

dates are changed to reflect the update 

of the legislative rule; to section 

45–8–3 (Adoption of Standards), the 

effective dates for the incorporation by 

reference of the primary and secondary 

NAAQS and the ambient air monitoring 

reference and equivalent methods are 

changed. The filing and effective dates 

of the legislative rule were updated to 

March 22, 2018 and June 1, 2018 

respectively. The effective date of the 

incorporation by reference of 40 CFR 

parts 50 and 53 changed from June 1, 

2016 to June 1, 2017. 

II. Proposed Action 

EPA is proposing to approve the West 

Virginia SIP revision updating the date 

of incorporation by reference, which 

was submitted on June 8, 2018. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

III. Incorporation by Reference 

In this proposed rule, EPA is 

proposing to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is proposing to incorporate by 

reference 45CSR8, as effective on June 1, 

2018. EPA has made, and will continue 

to make, these materials generally 

available through http://

www.regulations.gov and at the EPA 

Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866. 

• 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 proposed rule, 

updating the effective date of West 

Virginia’s 45CSR8, 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, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Sulfur oxides. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 23, 2018. 

Cosmo Servidio, 

Regional Administrator, Region III. 

[FR Doc. 2018–16375 Filed 7–30–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2018–0238, FRL–9981– 

61—Region 10] 

Air Plan Approval; Oregon: Lane 

County Permitting and General Rule 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve, and 

incorporate by reference, specific 

changes to the Oregon State 

Implementation Plan as it applies in 

Lane County, Oregon. The local air 


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1See OAR 340–200–0010(3), state effective April 

16, 2015, codified at 40 CFR 52.1970. 

2See OAR 340–200–0020, state effective April 16, 

2015, and approved by the EPA on October 11, 2017 

(82 FR 47122). 

agency in Lane County, Lane Regional 

Air Protection Agency, has revised its 

rules to align with recent changes to 

Oregon state regulations. The revisions, 

submitted on August 29, 2014 and 

March 27, 2018, are related to the 

criteria pollutants for which the EPA 

has established national ambient air 

quality standards—carbon monoxide, 

lead, nitrogen dioxide, ozone, 

particulate matter, and sulfur dioxide. 

The regulatory changes address federal 

particulate matter requirements, update 

the major and minor source preconstruction permitting programs, add 

state-level air quality designations, 

update public processes, and tighten 

emission standards for dust and smoke. 

DATES: Comments must be received on 

or before August 30, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2018–0238, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall at (206) 553–6357, or 

hall.kristin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Evaluation of Revisions 

A. Title 12: General Provisions and 

Definitions 

B. Title 13: General Duties and Powers of 

Board and Director 

C. Title 14: Rules of Practice and 

Procedures 

D. Title 29: Designation of Air Quality 

Areas 

E. Title 30: Incinerator Regulations 

F. Title 31: Public Participation 

G. Title 32: Emission Standards 

H. Title 33: Prohibited Practices and 

Control of Special Classes of Industry 

I. Title 34: Stationary Source Notification 

Requirements 

J. Title 35: Stationary Source Testing and 

Monitoring 

K. Title 36: Excess Emissions 

L. Title 37: Air Contaminant Discharge 

Permits 

M. Title 38: New Source Review 

N. Title 40: Air Quality Analysis 

Requirements 

O. Title 41: Emission Reduction Credits 

P. Title 42: Criteria for Establishing Plant 

Site Emission Limits 

Q. Title 48: Rules for Fugitive Emissions 

R. Title 50: Ambient Air Standards and 

PSD Increments 

S. Title 51: Air Pollution Emergencies 

III. Proposed Action 

A. Rules Approved and Incorporated by 

Reference 

B. Rules Approved but Not Incorporated by 

Reference 

C. Rules Removed 

D. Rules Deferred 

IV. Incorporation by Reference 

V. Oregon Notice Provision 

VI. Statutory and Executive Order Reviews 

I. Background 

Each state has a Clean Air Act (CAA) 

State Implementation Plan (SIP), 

containing the control measures and 

strategies used to attain and maintain 

the national ambient air quality 

standards (NAAQS) established for the 

criteria pollutants (carbon monoxide, 

lead, nitrogen dioxide, ozone, 

particulate matter, sulfur dioxide). The 

SIP contains such elements as air 

pollution control regulations, emission 

inventories, attainment demonstrations, 

and enforcement mechanisms. The SIP 

is a living compilation of these elements 

and is revised and updated by a state 

over time—to keep pace with federal 

requirements and to address changing 

air quality issues in that state. 

The Oregon Department of 

Environmental Quality (ODEQ) 

implements and enforces the Oregon 

SIP through rules set out in Chapter 340 

of the Oregon Administrative Rules 

(OAR). Chapter 340 rules apply in all 

areas of the state, except where the 

Oregon Environmental Quality 

Commission (EQC) has designated a 

local agency as having primary 

jurisdiction. 

Lane Regional Air Protection Agency 

(LRAPA) has been designated by the 

EQC to implement and enforce state 

rules in Lane County, and also to adopt 

local rules that apply within Lane 

County. LRAPA may promulgate a local 

rule in lieu of a state rule provided: (1) 

It is as strict as the corresponding state 

rule; and (2) it has been submitted to 

and not disapproved by the EQC.1 This 

delegation of authority in the Oregon 

SIP is consistent with CAA section 

110(a)(2)(E) requirements for state and 

local air agencies. 

On August 29, 2014 and March 27, 

2018, LRAPA and ODEQ submitted 

specific revisions to the Oregon SIP as 

it applies in Lane County. These 

changes align local rules with recently 

revised state rules, approved by the EPA 

on October 11, 2017 and incorporated 

by reference into the Code of Federal 

Regulations (CFR) at 40 CFR part 52, 

subpart MM (82 FR 47122). The changes 

address federal particulate matter 

requirements, revise the major and 

minor source pre-construction 

permitting programs, add state-level air 

quality designations, update public 

processes, and tighten emission 

standards for dust and smoke. 

We note that the March 27, 2018, 

revisions partially supersede the August 

29, 2014, revisions. In this action, we 

are reviewing and taking action on the 

most recent version of the submitted 

rules applicable in Lane County, as 

described below. In describing our 

evaluation, we have focused on the 

substantive rule changes. We have not 

described typographical corrections, 

minor edits, and renumbering changes. 

II. Evaluation of Revisions 

A. Title 12: General Provisions and 

Definitions 

Title 12 in LRAPA’s rules contains 

generally-applicable provisions and 

definitions used throughout Lane 

County air quality rules. The submitted 

revisions align the definitions in Section 

12–005 with the definitions in state 

rules, recently reviewed and approved 

by the EPA.2 In this section of our 

evaluation, we discuss key changes to 

existing definitions and substantive new 

terms used in multiple titles. Terms 

used primarily in a single title are 

described in the discussion section for 

that particular title. 

Key definition changes include 

narrowing the definition of ‘‘adjacent’’ 

by limiting the use of this defined term 

(‘‘interdependent facilities that are 

nearby to each other’’) to the ‘‘major 

source’’ and ‘‘source’’ terms in LRAPA’s 

program for air contaminant discharge 

permits. Definitions of the terms 

‘‘capture efficiency,’’ ‘‘control 

efficiency,’’ ‘‘destruction efficiency,’’ 


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3This includes both the prevention of significant 

deterioration (PSD) new source review permitting 

program that applies in attainment and 

unclassifiable areas (40 CFR 51.166) and the 

nonattainment major source new source review 

permitting program that applies in nonattainment 

areas (40 CFR 51.165). 

4 40 CFR 51.102(a)(2) and (c) and 260; 82 FR 

47122, October 11, 2017. 

and ‘‘removal efficiency’’ were added to 

differentiate amongst similar terms. 

LRAPA revised the term 

‘‘categorically insignificant activities’’ to 

narrow when emissions may be 

excluded from consideration—in some 

aspects of source permitting—as 

‘‘insignificant.’’ For example, there is a 

cap on the aggregate emissions from fuel 

burning equipment that may be 

considered categorically insignificant, 

and there is also a restriction on when 

emergency generators may be 

considered categorically insignificant 

(limiting the exemption to no more than 

3,000 horsepower, in the aggregate). We 

note that LRAPA adopted a new 

category of insignificant emissions, as 

Oregon did, namely, fuel burning 

equipment brought on site for six 

months or less for construction, 

maintenance, or similar purposes, 

provided the equipment performs the 

same function as the permanent 

equipment, and is operated within the 

source’s existing plant site emission 

limit. Importantly, however, 

insignificant activity emissions must be 

included in determining whether a 

source is a ‘‘federal major source’’ or a 

‘‘major modification’’ subject to federal 

major new source review (federal major 

NSR).3 In addition, categorically 

insignificant activities must still comply 

with all applicable requirements. 

LRAPA revised definitions to 

consistently use certain terms, such as 

‘‘construction,’’ ‘‘control device,’’ 

‘‘federal major source,’’ ‘‘immediately,’’ 

‘‘fugitive emissions,’’ ‘‘major 

modification,’’ ‘‘major source,’’ ‘‘PM10,’’ 

‘‘PM2.5,’’ and ‘‘stationary source.’’ 

LRAPA added definitions to align with 

state rules, including ‘‘continuous 

compliance determination method,’’ 

‘‘emergency,’’ ‘‘emission limitation,’’ 

‘‘excursion,’’ ‘‘greenhouse gases,’’ 

‘‘Indian governing body,’’ ‘‘Indian 

reservation,’’ ‘‘potential to emit,’’ and 

‘‘synthetic minor source.’’ The term 

‘‘internal combustion engine’’ was 

defined to clarify the universe of 

regulated fuel burning equipment under 

local rules. 

In the definition of ‘‘opacity,’’ LRAPA 

spelled out that visual opacity 

determinations are to be made using 

EPA Method 203B. Method 203B is 

designed for time-exception regulations, 

such as those that establish a limit on 

the average percent opacity for a period 

or periods aggregating more than three 

minutes in any one hour. There are a 

small number of LRAPA visible 

emissions standards that are not timeexception regulations, and in those 

cases, LRAPA rules specify a different 

test method, including, for example, 

EPA Method 9. All specified methods 

are included in the March 2015 version 

of the Oregon Source Sampling Manual, 

approved by the EPA on October 11, 

2017, for purposes of the limits in the 

Oregon SIP (82 FR 47122). Please see 

our discussion of opacity standards and 

methods for visual opacity 

determinations in Section H. below. 

Consistent with the state definition, 

LRAPA defined the term ‘‘portable’’ as 

‘‘designed and capable of being carried 

or moved from one location to another.’’ 

At the same time, the definition of 

‘‘stationary source’’ was updated to 

include portable sources required to 

have permits under the air contaminant 

discharge permitting program at Title 

37. 

LRAPA changed the definition of 

‘‘modification’’ to differentiate it from 

the terms ‘‘major modification’’, ‘‘permit 

modification’’, and ‘‘title I 

modification’’, and to make clear that it 

applies to a change in a portion of a 

source, as well as a source in its 

entirety. LRAPA also simplified the 

definition of ‘‘ozone precursor’’ to 

remove redundant language pointing to 

the reference method for measuring 

volatile organic compounds (VOCs). The 

term ‘‘VOC’’ was also updated to reflect 

changes to the federal definition of 

‘‘VOC’’ at 40 CFR 51.100(s). 

LRAPA formally defined ‘‘wood fuelfired device’’, consistent with the 

definition in state rules. The term was 

added and defined as ‘‘a device or 

appliance designed for wood fuel 

combustion, including cordwood stoves, 

woodstoves, and fireplace stove inserts, 

fireplaces, wood fuel-fired cook stoves, 

pellet stoves and combination fuel 

furnaces and boilers that burn wood 

fuels.’’ The remainder of the new 

definitions established by LRAPA in 

Title 12 are common dictionary terms 

and are not discussed in this summary. 

We have evaluated these Title 12 

definition changes, and the changes to 

definitions discussed in the sections 

below, and we propose to find that 

LRAPA’s defined terms are consistent 

with CAA requirements and the EPA’s 

implementing regulations. We therefore 

propose to approve the submitted 

definitions into the Oregon SIP for Lane 

County. 

Other Provisions 

The revisions also include general 

rules in Title 12 submitted to be 

consistent with state rules in Division 

200. LRAPA revised Section 12–001 

General to align with OAR 340–200– 

0010 Purpose and Application, 

including repealing the SIP-approved 

version of Section 12–001(2), state 

effective March 8, 1994, and 

renumbering the section paragraphs. 

Section 12–001(2) stated that ‘‘in cases 

of apparent conflict between rules and 

regulations within these titles, the most 

stringent regulation applies unless 

otherwise expressly stated,’’ and is 

appropriately removed from the SIP. 

Section 12–010 was added to spell out 

abbreviations and acronyms used 

throughout the Lane County air quality 

rules, consistent with OAR 340–200– 

0025. LRAPA also added Section 12– 

020 listing activities that are not subject 

to local air quality regulations, 

comparable to OAR 340–200–0030 and 

Oregon Revised Statutes (ORS) 468A– 

020. Section 12–020(2) makes clear, 

however, that the exceptions in 

subsection (1) do not apply to the extent 

such local air regulations are necessary 

to implement CAA requirements. We 

note that LRAPA added Section 12–025 

identifying key reference materials, 

including the March 2015 version of the 

Oregon Source Sampling Manual, 

approved by the EPA into the Oregon 

SIP on October 11, 2017 (82 FR 47122). 

We propose to approve and incorporate 

by reference these changes to Title 12. 

Consistent with our recent action on 

OAR 340–200–0050, LRAPA did not 

submit Section 12–030 Compliance 

Schedules for approval into the SIP. 

Any compliance schedule established 

by LRAPA under this provision must be 

specifically submitted to, and approved 

by the EPA, before it will be federallyenforceable or change the requirements 

of the EPA-approved SIP.4

B. Title 13: General Duties and Powers 

of Board and Director 

Title 13 sets out general authority to 

adopt, implement and enforce 

regulations in Lane County, including 

issuing permits. These general authority 

provisions were first approved into the 

Oregon SIP in 1993 (58 FR 47385, 

September 9, 1993). We note, that at the 

time of that original approval, the 

general authority provisions were 

located in Title 12, and were later 

renumbered to Title 13. These 

provisions contain long-standing 

requirements for make-up of the LRAPA 

Board and disclosures of potential 

conflicts of interest for board members 

and director, approved as meeting CAA 


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5LRAPA Section 12–025, renumbered to Section 

13–025; 58 FR 47385, September 9, 1993. 

6See Sections 29–0300 through 0320 and the 

corresponding state provisions at OAR 340–204– 

0300 through 0320. 

7As codified at 40 CFR part 81. 

8See Section 29–0310. 

9See Section 29–0310(2)(a). 

10See 40 FR 81.338. 

state board requirements under section 

128.5

We propose to find that the submitted 

updates to Title 13 remain consistent 

with CAA section 110 requirements for 

permit issuance, enforcement authority, 

state and local agencies, and state 

boards. In this action, we are proposing 

to approve Title 13 to the extent the 

provisions relate to the implementation 

of requirements in the SIP, but we note 

we are not incorporating these 

provisions by reference into 40 CFR part 

52, subpart MM. These types of rules are 

generally not incorporated by reference 

into the CFR because they may conflict 

with the EPA’s independent 

administrative and enforcement 

procedures under the CAA. 

C. Title 14: Rules of Practice and 

Procedures 

The submissions revise Title 14 to 

align with Oregon’s SIP-approved state 

rules in Division 11. LRAPA’s revisions 

follow the Oregon Attorney General 

Model Rules, as do the comparable 

Oregon rules, and address procedures 

for filing and serving documents in 

contested cases (appeals of LRAPA and 

ODEQ actions). Title 14 was revised to 

improve the clarity and completeness of 

contested case appeals coming before 

the LRAPA Board. This title provides 

authority needed to implement the SIP 

in Lane County, and is consistent with 

the CAA requirements for the issuance 

of permits and enforcement authority. 

The EPA therefore proposes to approve 

the submitted revisions to Title 14 Rules 

of Practice and Procedures, to the extent 

it relates to implementation of 

requirements contained in the Oregon 

SIP. We are not incorporating these 

rules by reference into the CFR, 

however, because we rely on the EPA’s 

independent administrative and 

enforcement procedures under the CAA. 

D. Title 29: Designation of Air Quality 

Areas 

This division contains rules for the 

designation of air quality areas in Lane 

County. In Section 29–0010, LRAPA 

culled definitions to leave only those 

directly related to designated areas in 

Lane County, including EugeneSpringfield and Oakridge. Sections 29– 

0020, 0050, and 0060 were added to 

mirror state air quality region and 

prevention of significant deterioration 

area rules in OAR 340–204–0020, 0050, 

and 0060, respectively. Section 29–0030 

addresses the two nonattainment areas 

in Lane County, namely the Oakridge 

Urban Growth Boundary (coarse 

particulate matter (PM10)) and the 

Oakridge Nonattainment Area (fine 

particulate matter (PM2.5)). In addition, 

LRAPA added Sections 29–0070 Special 

Control Areas, 29–0080 Motor Vehicle 

Inspection Boundary Designations, and 

29–0090 Oxygenated Gasoline Control 

Areas, to correspond to state rule 

sections OAR 340–204–0070, 0080, and 

0090, respectively. 

A significant change in this title is the 

introduction of three concepts: 

‘‘sustainment areas,’’ ‘‘reattainment 

areas,’’ and ‘‘priority’’ sources.6 Both 

sustainment and reattainment areas are 

state-level designations designed to add 

to federal requirements. We note that 

LRAPA and Oregon have both 

implemented a state-level designation in 

the past—specifically, the maintenance 

area designation. Following Oregon’s 

lead, LRAPA is now defining two added 

state designations intended to help areas 

address air quality problems by further 

regulating emission increases from 

major and minor sources. 

To designate an area as sustainment 

or reattainment, the LRAPA rule 

revisions create a similar process as was 

used in the past to designate a 

maintenance area. The process includes 

public notice, a rule change, and 

approval by the LRAPA Board. Oregon 

and LRAPA designed the new 

designations and associated 

requirements with the stated intent to 

help solve air quality issues while not 

changing attainment planning 

requirements or federal requirements for 

major stationary sources. 

The sustainment area designation is 

designed to apply to an area where 

monitored values exceed, or have the 

potential to exceed, ambient air quality 

standards, but which has not been 

formally designated nonattainment by 

the EPA.7 To construct or modify a 

major or minor source in a sustainment 

area, the owner or operator may need to 

offset new emissions with reductions 

from other sources, including the option 

of targeting ‘‘priority’’ sources, in that 

area. Priority sources are defined as 

sources causing or contributing to 

elevated emissions levels in the area. 

This is determined using local airshed 

information, such as emissions 

inventories and modeling results. A new 

major or minor stationary source 

seeking to construct in a sustainment 

area may obtain more favorable offsets 

from priority sources. 

The reattainment area designation is 

designed to apply to an area that is 

formally designated nonattainment by 

the EPA, but that has achieved three 

years of quality-assured/qualitycontrolled monitoring data showing the 

area is attaining the relevant standard.8

When an area has met attainment 

planning requirements and has attained 

the standard, the CAA requires that a 

state submit, and the EPA approve, a 

maintenance plan demonstrating 

attainment for the next ten years. The 

state may then request that the EPA 

redesignate the area to attainment. In 

the interim, LRAPA may designate the 

area a reattainment area. The submitted 

rules require that all elements of the 

area’s attainment plan continue to apply 

with a reattainment designation. 

However, minor sources will be subject 

to less stringent state new source review 

permitting requirements—unless the 

source has been specifically identified 

as a significant contributor to air quality 

problems in the area, or the source has 

control requirements that are relied on 

as part of the attainment plan. The 

federal requirements for redesignation 

remain in place and are unchanged. 

In the submissions, LRAPA included 

the Oakridge area as a state-designated 

reattainment area with respect to PM2.5.9

We note that at the federal level, the 

EPA has approved the Oakridge PM2.5

attainment plan, determined the 

Oakridge area attained the 2006 24-hour 

PM2.5 NAAQS by the applicable 

attainment date, and achieved clean 

data for the most recent three years of 

valid, certified monitoring data (83 FR 

5537, February 8, 2017). However, the 

Oakridge area remains a federal 

nonattainment area for the 2006 24-hour 

PM2.5 NAAQS until LRAPA and Oregon 

submit a maintenance plan to the EPA 

to ensure the area can continue to meet 

the standard for the next 10 years, and 

the EPA approves the maintenance plan 

and redesignates the Oakridge area to 

attainment.10 We propose to determine 

that designation of the Oakridge area as 

a state reattainment area does not 

change federal requirements for the 

area, and that the Oakridge PM2.5

attainment plan remains in effect. 

We propose to approve these 

revisions to Title 29 because the 

submitted rules for state-level 

designations are consistent with CAA 

requirements and the EPA’s 

implementing regulations for attainment 

planning and major source preconstruction permitting. The related 

changes to LRAPA’s major and minor 

source permitting program—and our 


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11The EPA approved OAR 340–208–0110, state 

effective April 16, 2015 on October 11, 2017 (82 FR 

47122). 

evaluation of those changes—are 

discussed in detail in Section M. below. 

E. Title 30: Incinerator Regulations 

The submissions made changes to 

LRAPA’s incinerator regulations 

consistent with those in state rule at 

Division 230. Most changes were minor; 

however, a significant change was made 

to tighten limits and clarify the 

appropriate method of compliance for 

crematory incinerators. Consistent with 

our previous action on August 3, 2001, 

we propose to approve the revisions to 

Title 30, except as those rules relate to 

hazardous air pollutants and odors that 

are not also criteria pollutants or 

precursors (66 FR 40616). 

F. Title 31: Public Participation 

Title 31 governs public participation 

in the review of proposed permit 

actions. This title corresponds to 

Division 209 in state rules. LRAPA 

submitted this title for SIP approval, 

consistent with recent changes to 

Oregon’s public participation rules. 

Title 31 provides four different levels of 

public process, depending on the type 

of permitting action, with Category I 

having the least amount of public notice 

and opportunities for public 

participation, and Category IV having 

the most. The majority of new source 

review permitting actions are subject to 

category III, for which LRAPA provides 

public notice and an opportunity for a 

hearing at a reasonable time and place 

if requested, or if LRAPA otherwise 

determines a public hearing is 

necessary. Category IV public process 

apply to major new source review 

permitting actions, and LRAPA provides 

an informational meeting before issuing 

a draft permit for public review and 

comment. 

LRAPA has aligned the requirements 

for informational meetings with state 

rules in Division 209, to provide at least 

a 14-day public notice, before the 

scheduled informational meeting. The 

submitted rules also make clear that 

although LRAPA accepts, and will 

consider, comments from the public 

during the informational meeting, 

LRAPA does not maintain an official 

record of the informational meeting, or 

respond in writing to comments 

provided at the informational meeting. 

This same approach to informational 

meetings in state rules was approved by 

the EPA into the Oregon SIP on October 

11, 2017 (82 FR 47122). 

The submissions also addressed 

public participation requirements for 

permitting in state-designated 

sustainment and reattainment areas, 

detailed the option of email notification, 

and identified where public comment 

records are made available for review. 

Hearing procedures, laid out at Section 

31–0070, correlate with hearing 

provisions at OAR 340–209–0070. We 

propose to approve the hearing 

procedures, but not incorporate them by 

reference, to avoid confusion or 

potential conflict with the EPA’s 

independent authorities. 

In sum, we have concluded that the 

submitted LRAPA public participation 

rules are consistent with the CAA and 

federal requirements for public notice of 

new source review actions in 40 CFR 

51.161 Public availability of 

information, 40 CFR 51.165 Permit 

requirements, and 40 CFR 51.166 

Prevention of significant deterioration of 

air quality, and we propose to approve 

them. 

G. Title 32: Emission Standards 

This title contains emission standards 

and provisions of general applicability, 

including requirements for highest and 

best practicable treatment and control, 

operating and maintenance, typically 

achievable control technology, 

additional requirements imposed on a 

permit by permit basis, particulate 

emission limits for process equipment 

and other sources (other than fuel or 

refuse burning equipment or fugitive 

emissions), and alternative emission 

limits (bubbles). 

LRAPA made changes to Section 32– 

001 to clarify what definitions apply to 

this section (those in Titles 12 and 29) 

in addition to more specific definitions 

for ‘‘distillate fuel oil’’ and ‘‘residual 

fuel oil.’’ In Section 32–007, LRAPA 

clarified that pressure drop and 

ammonia slip are operational, 

maintenance, and work practice 

requirements that may be established in 

a permit condition or notice of 

construction approval. Section 32–008 

Typically Achievable Control 

Technology was also updated by moving 

procedural requirements from the 

definitions section to this section, and 

revising them to account for Oregon’s 

changes to NSR, Major NSR and Type A 

State NSR, discussed below in Section 

M. 

Notably, LRAPA retained its general, 

SIP-approved visible emission standards 

in the form of an aggregate exception of 

three minutes in a 60-minute period. 

Three-minute aggregate periods are to be 

measured by EPA Method 203B, a 

continuous opacity monitoring system, 

or an alternative monitoring method 

approved by LRAPA and that has been 

determined by the EPA to be equivalent 

to Method 203B. While LRAPA’s form 

and method for evaluating visible 

emissions from sources are different 

than those in Oregon’s corresponding 

SIP-approved rules (OAR 340–208–0110 

was recently revised to a 6-minute block 

average as measured by EPA Method 9), 

both forms and their associated test 

methods are equally-valid means to 

measure opacity and determine 

compliance with standards.11

LRAPA also made changes to phase in 

tighter visible emission limits granted to 

wood-fired boilers in operation before 

1970. These sources are required to 

meet a 40% visible emission limit. 

However, starting in 2020, these sources 

must meet a 20% visible emissions 

limit, except for certain, limited 

situations where a boiler-specific, shortterm limit may be established in a 

source’s operating permit, if appropriate 

and allowed under the SIP-approved 

permitting program. 

Notably, LRAPA revised particulate 

emission limits under Section 32–015 to 

reduce emissions from certain non-fuelburning sources built before June 1970. 

The rules in this section phase in tighter 

standards for older sources, generally 

tightening grain loading standards for 

existing sources from 0.2 grains per dry 

standard cubic foot (gr/dscf) to between 

0.10 and 0.15 gr/dscf, depending on 

whether there is existing source test 

data for the source, and what that data 

shows. Timelines to achieve these rates 

depend on whether sources were built 

before or after June 1, 1970. Existing 

sources that operate equipment less 

frequently (less than 867 hours a year) 

must meet less stringent standards. For 

new sources, LRAPA has increased the 

stringency of the grain loading standard 

by adding a significant digit, revising 

the standard from 0.1 gr/dscf to 0.10 gr/ 

dscf. Compliance with the grain loading 

standards is determined using test 

methods specifically identified in the 

March 2015 version of the Oregon 

Source Testing Manual, approved on 

October 11, 2017 (82 FR 47122). 

LRAPA also tightened grain loading 

standards for fuel burning equipment 

(Sections 32–020 and 025) in the same 

manner as described above. Process 

weight provisions in Section 32–045 

were aligned with state rules, and the 

listing of process weight limitations was 

moved to Section 32–8010. Sulfur 

content of fuels and sulfur dioxide 

emission limits in Section 32–065 were 

also updated by removing a coal spaceheating exemption that expired in 1983, 

and clarifying that recovery furnaces are 

regulated in Title 33. 

We propose to approve the revisions 

to Title 32 because they are consistent 

with the CAA and strengthen the SIP. 


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12See EPA proposed approval of OAR 340–234– 

0270, state effective April 16, 2015 (March 22, 2017, 

82 FR 14654 at page 14667). 

13See OAR 340–214–0114, and OAR 340–214– 

0120. 

We note we are taking no action on 

Sections 32–050, and 32–055 because 

they are nuisance provisions related to 

concealment and masking of emissions 

and particle fallout. We are also taking 

no action on the acid rain provision in 

Section 32–075. These types of 

provisions are generally not appropriate 

for SIP approval because they are not 

related to attainment and maintenance 

of the NAAQS under CAA section 110 

and the SIP. 

H. Title 33: Prohibited Practices and 

Control of Special Classes of Industry 

Title 33 establishes controls on 

specific sectors, including board 

products facilities, charcoal plants, Kraft 

pulp mills, and hot mix asphalt plants. 

LRAPA clarified that Title 12 

definitions apply to this section, except 

where specific definitions are 

established in Title 33. Throughout this 

title, LRAPA removed open burning 

provisions made obsolete now that 

LRAPA limits open burning through 

regulations established in Title 47, most 

recently approved by the EPA on 

October 23, 2015 (80 FR 64346). 

In Section 33–060, LRAPA made 

changes to improve the enforceability of 

opacity limits on veneer dryers and 

hardboard manufacturing operations. 

Section 33–070 was updated to ensure 

local rules for Kraft pulp mills are as 

stringent as the state equivalent. LRAPA 

also revised what was formerly referred 

to as ‘‘replacement or significant 

upgrading’’ of equipment for purposes 

of determining whether more restrictive 

standards apply. Alternative 

temperatures for hardboard tempering 

ovens must be approved using the 

procedures in the federal NESHAP for 

Plywood and Composite Wood Products, 

40 CFR part 63, subpart DDDD. LRAPA 

added source test methods for 

particulate matter and demonstrations 

of oxygen concentrations in recovery 

furnace and lime kiln gases. Under the 

reporting section, LRAPA removed the 

alternative sampling option where 

transmissometers are not feasible 

because all pulp mills in Oregon now 

have transmissometers. Minor changes 

were made under a provision in this 

section authorizing LRAPA to determine 

that upset conditions at a subject source 

are chronic and correctable by the 

installation of new or modified process 

or control equipment, and the 

establishment of a program and 

schedule to effectively eliminate the 

deficiencies causing the upset 

conditions. This provision is consistent 

with the corresponding state provision 

at OAR 340–234–0270.12

LRAPA revised Section 33–075 Hot 

Mix Asphalt Plants to specify the 

appropriate test method to determine 

compliance. In addition, LRAPA added 

a requirement that hot mix asphalt 

plants must develop a fugitive 

emissions control plan if requested. 

Except for the requirements relating to 

total reduced sulfur, odor, and 

reduction of animal matter, we propose 

to approve the submitted changes to 

Title 33 because they strengthen the SIP 

and are consistent with CAA 

requirements. Total reduced sulfur, 

odor, and reduction of animal matter 

requirements are not appropriate for SIP 

approval because they are not criteria 

pollutants, not related to the criteria 

pollutants regulated under title I of the 

CAA, not essential for meeting and 

maintaining the NAAQS, nor related to 

the requirements for SIPs under section 

110 of the CAA. We are therefore 

excluding from the SIP the following 

parts of Section 33–070: The definitions 

of ‘‘Other sources’’ and ‘‘Total Reduced 

Sulfur (TRS)’’ in paragraph (1), and 

paragraphs (3)(a), (4)(b), (5)(b), (6)(a), 

and (6)(b); and Section 33–080 

Reduction of Animal Matter. 

I. Title 34: Stationary Source 

Notification Requirements 

Title 34 contains a registration 

program for sources not subject to one 

of LRAPA’s operating permit programs, 

as well as some of the requirements for 

the construction of new and modified 

sources. In Section 34–010, LRAPA 

broadened the applicability of this title, 

as Oregon did in Division 210, so that 

it applies to ‘‘air contaminant sources’’ 

and to ‘‘modifications of existing 

portable sources that are required to 

have permits under title 37’’, in addition 

to stationary sources. Sections 34–016 

and 34–017 were added for 

recordkeeping and reporting, and 

enforcement, respectively.13 LRAPA 

also added a new section for general 

source registration requirements and 

detailed the information an owner or 

operator must submit to register and reregister. Sections 34–034, 035, and 036 

were added to clarify when a Notice of 

Construction application is required, 

how the construction/modification is 

categorized for purposes of process and 

public review, and what to include in a 

notice to construct. 

LRAPA added Sections 34–037 and 

038 to spell out when sources may 

proceed with construction or 

modification, and that construction 

approval does not mean approval to 

operate the source, unless the source is 

not required to obtain an ACDP under 

Title 37. 

We propose to approve the revisions 

to Title 34 because we have determined 

they are consistent with CAA 

requirements and correct or clarify 

existing source notification 

requirements to help ensure that 

changes to sources go through the 

appropriate approval process. We note 

that Section 34–170 through 200 are not 

appropriate for SIP approval because 

they are related to title V of the CAA, 

not title I and the SIP. 

J. Title 35: Stationary Source Testing 

and Monitoring 

This title contains general 

requirements for source testing and 

monitoring. Title 35 was recently 

established to correlate closely with 

state provisions in Division 212. LRAPA 

clarified the term ‘‘stationary source’’ to 

include portable sources that require 

permits under Title 37. This change is 

consistent with the term as used in 

other titles. LRAPA also clarified, with 

respect to stack height and dispersion 

technique requirements, the procedures 

referenced in 40 CFR 51.164 are the 

major and minor NSR review 

procedures used in Oregon, as 

applicable. 

Section 35–0140 sets forth test 

methods, and requires that sampling, 

testing, or measurements performed 

pursuant to this title conform to the 

methods in Oregon’s March 2015 

revised versions of the Source Sampling 

Manual, Volumes I and II, and 

Continuous Monitoring Manual. The 

revised manuals were approved by the 

EPA into the Oregon SIP on October 11, 

2017 (82 FR 47122). In that action we 

concluded that the revised manuals are 

consistent with the EPA’s monitoring 

requirements for criteria pollutants and 

we approved them for the purpose of 

the limits approved into the SIP. 

We note that the submitted provisions 

in Section 35–0200 through 0280 are 

related to compliance assurance 

monitoring, and are not appropriate for 

SIP approval. The specified rules apply 

to title V sources only and implement 

the requirements of 40 CFR parts 64 and 

70. We are taking no action on these 

rules because they are not appropriate 

for SIP approval under section 110 of 

title I of the CAA. 

K. Title 36: Excess Emissions 

LRAPA made several revisions to the 

excess emissions and emergency 

provision requirements in Title 36 and 


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14See Section 37–0082. 

15See 76 FR 80747, 80748 (December 27, 2011) 

(final action); 76 FR 59090, 59094 (Sept. 23, 2011) 

(proposed action). 

submitted them for approval into the 

SIP. We are deferring action on the Title 

36 revisions. We intend to address the 

submitted provisions of Title 36 in a 

separate, future action. 

L. Title 37: Air Contaminant Discharge 

Permits 

The Air Contaminant Discharge 

Permit (ACDP) program is both the 

federally-enforceable non-title V state 

operating permit program, and also the 

administrative mechanism used to 

implement the notice of construction 

and new source review programs. There 

are six types of ACDPs under state and 

LRAPA rules: Construction, General, 

Short Term Activity, Basic, Simple, and 

Standard. The types of ACDPs have not 

changed, but LRAPA has made some 

changes and clarifications to the criteria 

and requirements for the various 

ACDPs. LRAPA also revised application 

requirements to set application renewal 

deadlines, and to clarify the required 

contents of applications. 

The applicability rules at Section 37– 

0020 reference the table of applicability 

criteria for the types of permits in 

Section 37–8010 Table 1. The associated 

fees are listed at Section 37–8020 

Table 2. These sections are consistent 

with OAR 340–216–8010 Table 1 and 

OAR 216–8020 Table 2, respectively, 

including the type of ACDP (Basic, 

General, Simple, or Standard) each 

source category is required to obtain 

prior to construction and operation. 

Overall, the list of sources required to 

obtain Basic, General, Simple, or 

Standard ACDPs was slightly expanded, 

with one exception. LRAPA removed 

the requirement that greenhouse gasonly sources obtain a Standard ACDP, 

and pay the associated permitting fees, 

consistent with the federal court 

decision described below in Section M. 

For Construction ACDPs at Section 

37–0052, LRAPA added a qualifier to 

the rule that construction commence 

within 18 months after the permit is 

issued. This deadline now applies only 

if a source is subject to federal major 

NSR and certain state major NSR 

permitting, which we have discussed in 

more detail below. LRAPA also added 

language to the public notice 

requirements for a modified 

Construction ACDP, making clear when 

public notice as a Category I permit 

action is appropriate, as opposed to a 

Category II permit action under Title 31. 

Although the construction permit itself 

expires, the requirements remain in 

effect and must be added to the 

subsequent operating permit.14

General ACDP requirements at 

Section 37–0060 were updated to refer 

to the appropriate public notice 

procedures, reference the fee class for 

specific source categories, and confirm 

the procedures that will be used to 

rescind a source’s General ACDP, if the 

source no longer qualifies and must 

obtain a Simple or Standard ACDP 

instead. LRAPA also changed the rule 

section to make clear that the agency 

may rescind an individual source’s 

assignment to a General Permit. When 

notified, the source has 60 days to 

submit an application for a Simple or 

Standard ACDP. General ACDP 

Attachments, Section 37–0062, was 

updated to clarify public notice 

requirements and fees. 

For Simple ACDPs, it is now clear 

that LRAPA may determine a source 

ineligible for a Simple ACDP with 

generic emission limits, and instead, 

require the source obtain a Standard 

ACDP with source-specific emission 

limits, as necessary. LRAPA also 

clarified the public notice requirements 

and fees for Simple ACDPs and removed 

redundant requirements from the 

section that are also in Section 37–0020. 

The requirements at Section 37–0066 

were updated to lay out the different 

application requirements for sources 

seeking a Standard ACDP permit when 

they are subject to federal major versus 

minor NSR. LRAPA also changed this 

section to allow sources with multiple 

activities or processes at a single site, 

covered by more than one General 

ACDP or that has multiple processes, to 

obtain a Standard ACDP. 

For processing permits, LRAPA’s 

provision at Section 37–0082 now 

expressly provide that sources with 

expired ACDP permits may continue 

operating under the expired permit if 

they have submitted a timely and 

complete renewal application. Sources 

may also request a contested case 

hearing, if LRAPA revokes a permit or 

denies a permit renewal. We have 

determined in our review that LRAPA’s 

Title 37 provisions are consistent with 

the Division 216 rule sections recently 

approved by the EPA on October 11, 

2017 (82 FR 47122). Therefore, we find 

Title 37 is consistent with CAA 

requirements and propose to approve 

the submitted provisions. 

M. Title 38: New Source Review 

Parts C and D of title I of the CAA, 

42 U.S.C. 7470–7515, set forth 

preconstruction review and permitting 

program requirements that apply to new 

and modified major stationary sources 

of air pollutants, known as major new 

source review (major NSR). The CAA 

major NSR programs include a 

combination of air quality planning and 

air pollution control technology 

program requirements. States adopt 

major NSR programs as part of their SIP. 

Part C is the Prevention of Significant 

Deterioration (PSD) program, which 

applies in areas that meet the NAAQS 

(attainment areas), as well as in areas for 

which there is insufficient information 

to determine whether the area meets the 

NAAQS (unclassifiable areas). Part D is 

the nonattainment new source review 

(nonattainment NSR) program, which 

applies in areas that are not in 

attainment of the NAAQS 

(nonattainment areas). 

The EPA regulations for SIPs 

implementing these programs are 

contained in 40 CFR 51.165 and 51.166, 

and appendix S to part 51. Regulations 

addressing the EPA’s minor new source 

review (NSR) requirements are located 

at 40 CFR 51.160 through 164. We note 

that states generally have more 

flexibility in designing minor NSR 

programs. Minor NSR programs, 

however, must still ensure that 

emissions from the construction or 

modification of a facility, building, 

structure, or installation (or any 

combination thereof) will not interfere 

with attainment and maintenance of the 

NAAQS, or violate an applicable 

portion of a control strategy approved 

into the SIP. 

Oregon and LRAPA’s major NSR 

program has long differed from the 

federal major NSR programs in several 

respects. The program does not subject 

the same sources and modifications to 

major NSR as would the EPA’s rules. It 

also has had lower major source 

thresholds for sources in nonattainment 

and maintenance areas. The program 

requires fugitive emissions to be 

included in applicability determinations 

for all new major sources and 

modifications to existing major sources. 

However, Oregon and LRAPA also 

utilize a Plant Site Emission Limit, or 

‘‘PSEL,’’ approach to defining ‘‘major’’ 

modifications, rather than the 

contemporaneous net emissions 

increase approach used in the EPA’s 

main major NSR program (not the EPA’s 

plant-wide applicability limit (PAL) 

option). The EPA has previously 

determined that, overall, the major NSR 

program in Oregon is at least as 

stringent as the EPA’s major NSR 

program and meets the requirements of 

40 CFR 51.165 and 51.166.15

Under the previous SIP-approved 

program, both federal major sources and 

large minor sources have been covered 


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16See Title 12. 

17 Key changes are discussed below in the 

discussion of State NSR. 

18Sources in sustainment areas subject to Section 

38–0245(2) are also subject to Type A NSR. 

19Utility Air Regulatory Group v. Environmental 

Protection Agency, 134 S.Ct. 2427 (2014). 

20Memorandum from Stephen D. Page, Director 

of EPA’s Office of Air Quality Planning and 

Standards, to Regional Air Division Directors, 

Region 1–10, entitled Guidance on Extension of 

Prevention of Significant Deterioration (PSD) 

Permits under 40 CFR 52.21(r)(2), dated January 31, 

2014. 

21See 40 CFR 52.21(q)(2). 

by Title 38. The submitted changes to 

Title 38 revise this approach and 

establish distinct components within 

Title 38, referred to as Major New 

Source Review (LRAPA Major NSR— 

Sections 38–0045 through 0070) and 

State New Source Review (State NSR— 

Sections 38–0245 through 0270) to help 

clarify the requirements that apply to 

federal major sources and large minor 

sources. Pre-construction review and 

permitting of other minor sources 

continue to be covered in Title 34 

Stationary Source Notification 

Requirements, Title 37 Air Contaminant 

Discharge Permits, and Title 42 Plant 

Site Emission Limits. 

As discussed above, Oregon and 

LRAPA have created two new state 

designations. ‘‘Sustainment’’ areas are 

state-designated areas that are violating 

or close to violating the NAAQS but 

which are not formally designated 

nonattainment by the EPA. 

‘‘Reattainment’’ areas are statedesignated areas that have been 

designated nonattainment by the EPA, 

but that have achieved improved air 

quality, and data shows the area is 

attaining the NAAQS. Key changes to 

the LRAPA Major NSR and State NSR 

programs are discussed below. 

Section 38–0010 Applicability, 

General Prohibitions, General 

Requirements, and Jurisdiction 

LRAPA has narrowed the scope of 

sources that are subject to LRAPA Major 

NSR in nonattainment and maintenance 

areas by increasing the thresholds, from 

the significant emission rate (SER) to the 

major source thresholds in the CAA 

specified for the current nonattainment 

areas in Lane County.16 At the same 

time, LRAPA’s State NSR requirements 

under Title 38 apply to the construction 

of new sources with emissions of a 

regulated air pollutant at or above the 

SER, as well as increases in emissions 

of a regulated pollutant from existing 

sources that equal or exceed the SER 

over the netting basis. This is consistent 

with Oregon’s rules in Division 224. 

LRAPA has divided the State NSR 

program into two parts: Type A, which 

generally applies in nonattainment, 

reattainment, and maintenance areas, 

and Type B, for attainment, 

unclassifiable, and sustainment areas. 

Sources subject to Type A State NSR 

remain subject to many of the same 

requirements that apply to such sources 

under the current SIP-approved program 

in nonattainment 17 and maintenance 

areas, whereas sources subject to Type 

B State NSR are subject to requirements 

equivalent to the minor NSR 

requirements under the PSEL rules in 

the current SIP.18 Because LRAPA’s 

changes to the definition of ‘‘federal 

major source’’ in nonattainment areas 

are consistent with the federal 

definition of ‘‘major stationary source’’ 

at 40 CFR 51.165 for the designated 

areas in Lane County, and because 

LRAPA has retained most of the 

characteristics of the previous Major 

NSR permitting program for Type A 

State NSR, the EPA proposes to approve 

these revisions. 

LRAPA also made revisions here, and 

in several other places in its rules, to be 

consistent with changes to the federal 

PSD rules made in response to a 

Supreme Court decision on greenhouse 

gases (May 7, 2015, 80 FR 26183).19

Specifically, LRAPA revised definitions 

and procedures in Titles 12, 36, 37, 38, 

and 42 to remove greenhouse gas-only 

sources from PSD applicability. 

Therefore, as required by the federal 

PSD program, a source is now subject to 

the LRAPA Major NSR requirements for 

greenhouse gases in attainment and 

unclassifiable areas only when the 

source is subject to LRAPA Major NSR 

requirements anyway, for one or more 

criteria pollutants. As specified in the 

federal PSD regulations, LRAPA’s rules 

continue to require that sources of 

greenhouse gases subject to LRAPA 

Major NSR in attainment and 

unclassifiable areas for a criteria 

pollutant, are also subject to LRAPA 

Major NSR for greenhouse gases. 

LRAPA also made clear in this section 

that a source is subject to Title 38 

requirements for the designated area in 

which the source is located—for each 

regulated pollutant, including 

precursors. Finally, revisions clarify that 

a subject source must not begin actual 

construction, continue construction, or 

operate without complying with the 

requirements of Title 38 and obtaining 

an ACDP permit authorizing 

construction or operation. 

Section 38–0025 Major Modification 

LRAPA moved the definition of 

‘‘major modification’’ from Title 12 to 

Title 38, to reflect that the former 

definition was really a procedure for 

determining whether a major 

modification has, or will occur, rather 

than a true definition. The revised 

definition and procedure are intended 

to better explain how emissions 

increases and decreases are tracked and 

factored into calculations for major 

modifications. 

LRAPA also specified that emissions 

from categorically insignificant 

activities, aggregate insignificant 

emissions, and fugitive emissions must 

be included in determining whether a 

major modification has occurred. In 

addition, LRAPA clarified that major 

modifications for ozone precursors, or 

PM2.5 precursors, also constitute major 

modifications for ozone and PM2.5, 

respectively. Finally, language was 

added stating that the PSEL, netting 

basis, and emissions changes must be 

recalculated when more accurate or 

reliable emissions information becomes 

available, to determine whether a major 

modification has occurred. 

Section 38–0030 New Source Review 

Procedural Requirements 

LRAPA revised this section to account 

for differing LRAPA Major NSR and 

State NSR procedures. Included are: 

When LRAPA will determine whether 

an application is complete; when a final 

determination will be made; when 

construction is permitted; how to revise 

a permit and extend it; and when and 

how LRAPA will terminate an NSR 

permit. 

With respect to the provision in the 

federal PSD regulations authorizing 

extensions to the 18-month construction 

time limitation in 40 CFR 52.21(r)(2) 

‘‘upon a satisfactory showing that an 

extension is justified,’’ LRAPA revised 

its extension provisions to be consistent 

with recent EPA guidance. This 

guidance sets out the EPA’s views on 

what constitutes an adequate 

justification for an extension of the 18- 

month timeframe under 40 CFR 

52.21(r)(2) for commencing construction 

of a source that has been issued a PSD 

permit.20 LRAPA also extended the time 

period for making a final determination 

on an LRAPA Major NSR or Type A 

State NSR permit from six months to 

one year, to reflect the more complex 

nature of such permitting actions. The 

one-year time-frame for permit issuance 

is consistent with the EPA’s 

requirements for major NSR 

permitting.21

Section 38–0038 Fugitive and 

Secondary Emissions 

This section was moved and amended 

to account for State NSR requirements. 


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22 703 F.3d 458 (D.C. Cir. 2013). 

For sources subject to LRAPA Major 

NSR and Type A State NSR, fugitive 

emissions are included in the 

calculation of emission rates and subject 

to the same controls and analyses 

required for emissions from identifiable 

stacks or vents. Secondary emissions are 

not included in potential to emit 

calculations for LRAPA Major NSR or 

Type A State NSR, but once a source is 

subject to LRAPA Major NSR or Type A 

State NSR, secondary emissions must be 

considered in the required air quality 

impact analysis in Titles 38 and 40. 

Sections 38–0045 Through 0070 Major 

NSR 

LRAPA has made changes consistent 

with Oregon’s corresponding rules and 

has specified LRAPA Major NSR 

requirements for each of the following 

designations: Sustainment, 

nonattainment, reattainment, 

maintenance, and attainment/ 

unclassifiable. 

Major NSR in Sustainment Areas 

New sources and modifications 

subject to LRAPA Major NSR in 

sustainment areas (areas that are 

classified as attainment/unclassifiable 

by the EPA but have air quality either 

violating the NAAQS or just below the 

NAAQS) must meet PSD requirements 

for each sustainment pollutant, but must 

also satisfy additional requirements for 

obtaining offsets and demonstrating a 

net air quality benefit to address the air 

quality problems in the area, as 

discussed in more detail below. Because 

such areas are designated as attainment/ 

unclassifiable by the EPA, requiring 

compliance with LRAPA’s PSD 

requirements meets federal 

requirements. The additional 

requirements for obtaining offsets and 

demonstrating a net air quality benefit 

go beyond CAA requirements for 

attainment/classifiable areas and are 

thus approvable. 

Major NSR in Nonattainment Areas 

For new sources and modifications 

subject to LRAPA Major NSR in 

nonattainment areas, LRAPA 

reorganized and clarified the 

requirements, aligning with state rules, 

including that they apply for each 

pollutant for which the area is 

designated nonattainment. Lowest 

Achievable Emission Rate (LAER) and 

offsets continue to be required for such 

sources and modifications. In addition, 

LRAPA’s submitted revisions tighten 

offsets required in nonattainment areas 

(except with respect to ozone). LRAPA 

rules now initially require 1.2:1 offsets 

to emissions in non-ozone areas. If 

offsets are obtained from priority 

sources, the ratio may be reduced to 1:1, 

equivalent to the federal requirement in 

40 CFR 51.165(a)(9)(i). 

The submitted changes also tighten 

requirements for sources seeking 

construction permit extensions, and 

limit extension requests to two 18- 

month periods, with certain additional 

review and re-evaluation steps. We note 

that, beyond the federal rules, the rules 

applicable in Lane County extend best 

available control technology (BACT) 

and offset requirements to new and 

modified minor sources in 

nonattainment areas. 

Major NSR in Reattainment Areas 

In reattainment areas (areas meeting 

the NAAQS but not yet redesignated to 

attainment), new sources and 

modifications subject to LRAPA Major 

NSR must continue to meet all 

nonattainment LRAPA Major NSR 

requirements for the reattainment 

pollutant. In addition, to ensure air 

quality does not again deteriorate, 

LRAPA requires that sources subject to 

LRAPA Major NSR also meet other 

requirements for each reattainment 

pollutant. Specifically, the owner or 

operator of the source must demonstrate 

the source will not cause or contribute 

to a new violation of the ambient air 

quality standard, or PSD increment, by 

conducting an air quality analysis as 

outlined in Title 40. 

Major NSR in Maintenance Areas 

In maintenance areas, new sources 

and modifications subject to LRAPA 

Major NSR must continue to comply 

with LRAPA Major NSR requirements 

for attainment/unclassifiable areas (i.e., 

PSD), and also conduct a demonstration 

or obtain allowances to ensure a net air 

quality benefit in the area. Rather than 

setting out the specific PSD 

requirements in this section, however, 

this section simply references the PSD 

requirements at Section 38–0070. 

Major NSR in Attainment/Unclassifiable 

Areas (PSD) 

For the construction of new sources 

and modifications subject to LRAPA 

Major NSR in attainment or 

unclassifiable areas, LRAPA revised its 

rules to address court decisions 

impacting federal PSD rules. First, as 

discussed above, LRAPA revised 

definitions and procedures in Titles 12, 

36, 37, 38, and 42 to remove greenhouse 

gas-only sources from PSD applicability. 

Therefore, as required under the EPA’s 

federal PSD program, a source is now 

subject to the LRAPA Major NSR 

requirements for greenhouse gases only 

when the source also is subject to 

LRAPA PSD requirements for one or 

more criteria pollutants. 

Second, LRAPA revised its 

requirements for preconstruction 

monitoring to address another court 

decision and the resulting revisions to 

the EPA’s PSD rules. On October 20, 

2010, the EPA promulgated the 2010 

PSD PM2.5 Implementation Rule, 

revising the federal significant 

monitoring concentration (SMC) and 

significant impact levels (SILs) for PM2.5

(75 FR 64864). On January 22, 2013, the 

U.S. Court of Appeals for the District of 

Columbia, in Sierra Club v. EPA,22

issued a judgment that, among other 

things, vacated the provisions adding 

the PM2.5 SMC to the federal regulations 

at 40 CFR 51.166(i)(5)(i)(c) and 

52.21(i)(5)(i)(c). In its decision, the court 

held that the EPA did not have the 

authority to use SMCs to exempt permit 

applicants from the statutory 

requirement in CAA section 165(e)(2) 

that ambient monitoring data for PM2.5

be included in all PSD permit 

applications. Although the PM2.5 SMC 

was not a required element, where a 

state program contained an SMC and 

applied it to allow new permits without 

requiring ambient PM2.5 monitoring 

data, the provision would be 

inconsistent with the court’s opinion 

and CAA section 165(e)(2). 

At the EPA’s request, the decision 

also vacated and remanded the portions 

of the 2010 PSD PM2.5 Implementation 

Rule that revised 40 CFR 51.166 and 40 

CFR 52.21 related to SILs for PM2.5. The 

EPA requested this vacatur and remand 

of two of the three provisions in the 

EPA regulations that contain SILs for 

PM2.5 because the wording of these two 

SIL provisions (40 CFR 51.166(k)(2) and 

40 CFR 52.21(k)(2)) was inconsistent 

with the explanation of when and how 

SILs should be used by permitting 

authorities, that we provided in the 

preamble to the Federal Register 

publication when we promulgated these 

provisions. Specifically, the EPA erred 

because the language promulgated in 

2010 did not provide permitting 

authorities the discretion to require a 

cumulative impact analysis 

notwithstanding that the source’s 

impact is below the SIL, where there is 

information that shows the proposed 

source would lead to a violation of the 

NAAQS or increments. The third SIL 

provision (40 CFR 51.165(b)(2)) was not 

vacated and remains in effect. On 

December 9, 2013, the EPA removed the 

vacated PM2.5 SILs and SMC provisions 

from federal PSD regulations (78 FR 

73698). On April 17, 2018, the EPA 

issued guidance to states on 


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23Memorandum from Peter Tsirigotis, Director of 

EPA’s Office of Air Quality Planning and Standards, 

to Regional Air Division Directors, Region 1–10, 

entitled Guidance on Significant Impact Levels for 

Ozone and Fine Particles in the Prevention of 

Significant Deterioration Permitting Program, dated 

April 17, 2018. 

24Oregon and LRAPA use the term ‘‘major 

modification’’ for physical and operational changes 

that result in significant increases to both existing 

major and existing minor sources. 

25October 11, 2017, 82 FR 47122. 

26See CAA section 173(c). 

27See 40 CFR 51.165(a)(9)(i). 

28 Gina McCarthy, EPA Administrator. ‘‘Revised 

Policy to Address Reconsideration of Inter-pollutant 

Trading Provisions for Fine Particles (PM2.5),’’ 

Memorandum to Regional Administrators, July 21, 

2011. 

29See 40 CFR 51.160 through 161, 51.165, and 

51.166. See also EPA proposed approval of Oregon 

nonattainment NSR program (March 22, 2017, 82 

FR 14654 at page 14663). 

recommended PM2.5 (and ozone) SILs.23

As stated in this guidance, the EPA 

intends to use information yielded from 

application of this guidance by 

permitting authorities to determine 

whether a future rulemaking to codify 

SILs is appropriate. 

In response to the vacatur and 

remand, LRAPA submitted revisions to 

several titles. LRAPA revised the PM2.5

SMC to zero, as the EPA did, to address 

this issue in the federal PSD regulations. 

LRAPA also revised the definition of 

‘‘significant impact levels’’ or ‘‘SIL’’ in 

state rules, removed the vacated 

language and added text to make clear 

that ‘‘no source may cause or contribute 

to a new violation of an ambient air 

quality standard or PSD increment even 

if the single source impact is less than 

the significant impact level.’’ We 

propose to approve LRAPA’s revisions 

as consistent with the court decision. 

LRAPA also aligned local rules with 

state rules to remove language allowing 

the substitution of post-construction 

monitoring for preconstruction 

monitoring. LRAPA added an 

exemption from the preconstruction 

ambient air monitoring requirement, 

with LRAPA’s approval, if 

representative or conservative 

background concentration data is 

available, and the source demonstrates 

that such data is adequate to determine 

that the source would not cause or 

contribute to a violation of an ambient 

air quality standard or any applicable 

PSD increment. These revisions, along 

with the other existing provisions 

regarding preconstruction monitoring in 

LRAPA’s PSD regulations, are consistent 

with 40 CFR 51.166(m)(iii) and therefore 

we propose to approve them. 

Finally, LRAPA added the 

requirement to demonstrate a net air 

quality benefit for subject sources that 

will have a significant impact on air 

quality in a designated area other than 

the area in which the source is located. 

This demonstration of net air quality 

benefit is beyond federal PSD 

requirements, and will be discussed in 

more detail below. 

Sections 38–0245 Through 0270 State 

NSR 

Title 38 now also specifies State NSR 

requirements for sustainment, 

nonattainment, reattainment, 

maintenance, and attainment/ 

unclassifiable areas. For sources that 

emit between the SER and 100 tons per 

year in nonattainment and maintenance 

areas (Type A State NSR sources), 

LRAPA has relaxed some of the 

requirements, as compared to the 

current SIP, that historically went 

beyond federal requirements. In 

nonattainment areas, if the increase in 

emissions from the source is the result 

of a major modification,24 BACT rather 

than LAER is now required. In 

maintenance areas, Type A State NSR 

sources are no longer required to 

conduct preconstruction monitoring to 

support the ambient air impact analysis 

for the source. 

In both nonattainment and 

maintenance areas, LRAPA’s State NSR 

rules allow a reduction of the offset ratio 

if some of the offsets come from sources 

that are contributing to air quality 

problems in the area (which historically 

have been woodstoves). As we found in 

our 2017 action on the Oregon SIP, the 

State NSR requirements in sustainment 

and reattainment areas go beyond CAA 

requirements for minor NSR programs 

by requiring a demonstration of a net air 

quality benefit (discussed below).25

(October 11, 2017, 82 FR 47122). 

Because BACT, LAER, preconstruction monitoring, and offsets are 

not required components of a State’s 

SIP-approved minor NSR program, and 

because the offset requirements now 

provide sources with incentives to 

obtain offsets from sources found to be 

specifically contributing to air quality 

problems in the area, we propose to find 

that LRAPA’s minor NSR program 

continues to meet CAA requirements for 

approval. 

Sections 38–0500 Through 0540 Net 

Air Quality Benefit Emission Offsets 

The CAA requires that, for 

nonattainment NSR, the proposed major 

source or major modifications must 

obtain emissions reductions of the 

affected nonattainment pollutant from 

the same source or other sources in the 

area to offset the proposed emissions 

increase.26 Consistent with that 

requirement, the EPA’s nonattainment 

NSR regulations require that major 

sources and major modifications in 

nonattainment areas obtain emissions 

offsets at a ratio of at least 1 to 1 (1:1) 

from existing sources in the area to 

offset emissions from the new or 

modified source.27

LRAPA revised the criteria for 

demonstrating a net air quality benefit, 

in line with Oregon’s rule revisions 

approved by the EPA on October 11, 

2017 (82 FR 47122). In addition to the 

incentives provided to sources subject 

to Type A State NSR in sustainment and 

reattainment areas (to obtain offsets 

from priority sources discussed above) 

LRAPA made an additional change. 

Rules were revised to provide incentives 

for major sources to use priority source 

offsets for LRAPA Major NSR sources in 

nonattainment and reattainment areas 

by increasing the required offset ratio 

for major sources to 1.2:1 from the 

current 1:1. If a source subject to LRAPA 

Major NSR obtains offsets of some 

emissions increases from priority 

sources, the ratio may be reduced to no 

less than 1:1, the minimum offset level 

under the federal nonattainment NSR 

program. 

We note that LRAPA did not submit 

Section 38–0510(3) for SIP approval 

because the submissions do not also 

include a demonstration for interpollutant offset ratios as recommended 

by the EPA’s inter-pollutant offset 

policy.28 LRAPA also did not submit 

Section 38–0520 for SIP approval, in 

this case because the section addresses 

ozone nonattainment areas, of which 

Lane County has none. We propose to 

approve the revisions to LRAPA’s net 

air quality benefit emissions rules, 

except Sections 38–0510(3) and 38– 

0520, for which LRAPA did not request 

approval. 

Summary 

We propose to approve the submitted 

revisions to Title 38 because we have 

determined that, in conjunction with 

other provisions including but not 

limited to rules in Titles 12, 31, 34, 35, 

40, 42, and 50, the revisions are 

consistent with the requirements of the 

federal PSD and minor NSR permitting 

programs applicable statewide. We have 

also determined that the submitted 

changes are consistent with the federal 

requirements for nonattainment NSR for 

the current designated nonattainment 

areas in Lane County.29

N. Title 40: Air Quality Analysis 

Requirements 

This title contains the air quality 

analysis requirements, which are 


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30See Sections 40–0020(4) and (5), respectively. 

31Our approval of Section 38–0020(4) and (5) 

would not extend to those ambient standards in 

Title 50 that we have excluded from our approval. 

primarily used in Title 38 New Source 

Review. By its terms, this title does not 

apply unless a rule in another section 

refers to Title 40. Substantive changes 

include revising the definition of 

‘‘allowable emissions’’ at Section 40– 

0020(1) to add ‘‘40 CFR part 62’’ to the 

list of referenced standards and 

clarifying the definition of ‘‘baseline 

concentration year’’ at Section 40– 

0020(2), that varies depending on the 

pollutant for a particular designated 

area. LRAPA also revised the definitions 

of ‘‘competing PSD increment 

consuming source impacts’’ and 

‘‘competing NAAQS [national ambient 

air quality standards] source impacts’’ 30

to broaden the reference to include all 

of LRAPA’s ambient air quality 

standards at Title 50 (which include the 

NAAQS) 31 and to specify that in 

calculating these concentrations, 

sources may factor in the distance from 

the new or modified source to other 

emission sources (range of influence or 

ROI), spatial distribution of existing 

emission sources, topography, and 

meteorology. 

LRAPA also clarified and reorganized 

the defined ROI formula at Section 38– 

0020(10). The ROI is the distance from 

the new or modified source or source 

impact area to other emission sources 

that could impact that area. The ROI 

and source impact area are used to 

predict the air quality impacts of a new 

or modified source. LRAPA continues to 

limit the maximum ROI to 50 kilometers 

and has moved the constant values in 

the ROI formula from the table at the 

end of the division into the text of the 

rule. 

PSD requirements were revised to 

align with the court decision vacating 

and remanding the PM2.5 SIL. Please see 

Section M. above for a discussion of the 

court decision. This title now includes 

language stating that application of a 

SIL as a screening tool does not 

preclude LRAPA from requiring 

additional analysis to evaluate whether 

a proposed source or modification will 

cause or contribute to a violation of an 

air quality standard or PSD increment. 

PSD requirements for demonstrating 

compliance with air quality related 

values were also updated. LRAPA made 

clear that, if applicable, the analysis 

applies to each emission unit that 

increases the actual emissions of a 

regulated pollutant above the portion of 

the netting basis attributable to that 

emission unit. In addition, the term ‘‘air 

quality related values’’ includes 

visibility, deposition, and ozone 

impacts. A visibility analysis for sources 

impacting the Columbia River Gorge 

National Scenic Area, is now required, 

where applicable, to evaluate potential 

impacts on that area. We propose to 

approve Title 40 into the LRAPA SIP as 

meeting CAA requirements, including 

the EPA’s major NSR permitting 

regulations at 40 CFR 51.165 and 

51.166, and the regional haze 

requirements at 40 CFR part 51, subpart 

P. 

O. Title 41: Emission Reduction Credits 

In Title 41, LRAPA submitted 

revisions to clarify when reductions in 

criteria pollutant emissions that are also 

hazardous air pollutant emissions are 

creditable. Emission reductions required 

to meet federal NESHAP standards in 40 

CFR parts 61 or 63 are not creditable 

reductions for purposes of Major NSR in 

nonattainment or reattainment areas in 

Lane County. However, criteria 

pollutant reductions that are in excess 

of, or incidental to, the required 

hazardous air pollutant reductions can 

potentially earn credits—as long as all 

conditions are met. LRAPA also lowered 

the threshold for banking credits in the 

Oakridge area—from ten tons to one 

ton—to encourage trading activity. 

Finally, the rules were revised to specify 

when such credits are considered used 

up, and when they expire. The revisions 

are consistent with the CAA and the 

EPA’s implementing regulations and we 

propose to approve them. 

P. Title 42: Criteria for Establishing 

Plant Site Emission Limits 

This division contains a regulatory 

program for managing airshed capacity 

through a PSEL. PSELs are used in 

Oregon, including Lane County, to 

protect ambient air quality standards, 

prevent significant deterioration of air 

quality, and to ensure protection of 

visibility. Establishing such a limit is a 

mandatory step in the Oregon and 

LRAPA source permitting process. A 

PSEL is designed to be set at the actual 

baseline emissions from a source plus 

approved emissions increases and 

minus required emissions reductions. 

This design is intended to maintain a 

more realistic emissions inventory. 

Oregon and LRAPA use a fixed baseline 

year of 1977 or 1978 (or a prior year if 

more representative of normal 

operation) and factor in all approved 

emissions increases and required 

emissions decreases since baseline, to 

set the allowable emissions in the PSEL. 

Increases and decreases since the 

baseline year do not affect the baseline, 

but are included in the difference 

between baseline and allowable 

emissions. 

‘‘Netting basis’’ is a concept in this 

program that defines both the baseline 

emissions from which increases are 

measured—to determine if changes are 

subject to review—as well as the process 

for re-establishing the baseline, after 

changes have been through the new 

source review permitting process. 

As noted above, the PSEL program is 

used, in part, to implement NSR 

permitting. For major NSR, if a PSEL is 

calculated at a level greater than an 

established SER over the baseline actual 

emission rate, an evaluation of the air 

quality impact and major NSR 

permitting are required. If not, the PSEL 

is set without further review (a 

construction permit may also be 

required). For minor NSR (State NSR), a 

similar calculation is conducted. If the 

difference is greater than the SER, an air 

quality analysis is required to evaluate 

whether ambient air quality standards 

and increments are protected. The air 

quality analysis results may require the 

source to reduce the airshed impact 

and/or comply with a tighter emission 

limit. 

LRAPA submitted a number of 

changes to the PSEL requirements in 

this title, to align with similar changes 

to state rules. Many of the changes are 

organizational, centralizing 

requirements related to PSELs in Title 

42. Other changes are more substantive. 

LRAPA revised the criteria for 

establishing PSELs at Sections 42–0035 

through 0090 by consolidating 

requirements from other sections into 

these provisions, and revising them to 

take into account the differentiated 

major and State NSR requirements. 

LRAPA also updated the source-specific 

annual PSEL provision, at Section 42– 

0041, to account for PM2.5 and major 

and State NSR requirements. We note 

that as previously written, the PSEL rule 

included provisions for PSEL increases 

that were not subject to New Source 

Review. The submissions revoke those 

provisions and instead make these PSEL 

increases subject to the State New 

Source Review requirements in Title 38. 

The comprehensive requirements for 

approval of such PSEL increases in 

sustainment, nonattainment, 

reattainment, maintenance, and 

attainment/unclassifiable areas are as 

stringent as the current requirements. 

LRAPA updated the short-term PSEL 

requirements at Section 42–0042 to 

spell out the process a source must 

follow to request an increase in a shortterm PSEL—and when that source must 

obtain offsets, or an allocation, from an 

available growth allowance in the area. 


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32See Sections 50–015 through 045. 

33See Section 50–055. 

At Section 42–0046, LRAPA clarified 

how the initial netting basis for PM2.5 is 

set and how potential increases are 

limited. Changes were made to spell out 

how a source’s netting basis may be 

reduced—when a rule, order or permit 

condition requires the reductions—and 

how unassigned emissions and 

emissions reduction credits are to be 

addressed. In addition, the submitted 

revisions clarify that a source may retain 

a netting basis if that source relocates to 

a different site, as opposed to an 

adjacent site. However, it is only 

allowed if LRAPA determines the 

different site is within or affects the 

same airshed, and that the time span 

between operation at the old site and 

new sites is less than six months. 

At Section 42–0048, LRAPA 

consolidated baseline period and 

baseline emission rate provisions, and 

indicated when a baseline emission rate 

may be recalculated—limited to 

circumstances when more accurate or 

reliable emission factor information 

becomes available, or when regulatory 

changes require additional emissions 

units be addressed. Changes were also 

made to Section 42–0051, which 

addresses actual emissions, and how to 

appropriately calculate the mass 

emissions of a pollutant from an 

emissions source during a specified 

time period. LRAPA revised this 

provision to account for the changes in 

the program that differentiate major 

NSR from State NSR. 

We note that Section 42–0055 

unassigned emissions procedures were 

clarified. The rule section was revised to 

state that a source may not use 

emissions that are removed from the 

netting basis—including emission 

reductions required by rule, order or 

permit condition—for netting any future 

permit actions. LRAPA also updated 

Section 42–0090, addressing the impact 

on PSEL calculations and permitting 

requirements when sources combine, 

split, and change primary Standard 

Industrial Code. The changes make clear 

that sources must qualify to combine, 

and that it will impact the netting basis 

and SER, and trigger new source review 

and recordkeeping requirements, if 

applicable. 

Except for Section 42–0060, we 

propose to approve Title 42 into the SIP 

because we believe the revisions to the 

PSEL requirements are intended to 

clarify and strengthen the rules. Section 

42–0060 is not appropriate for SIP 

approval because it is applicable to 

sources of hazardous air pollutants 

addressed under CAA section 112, 

rather than sources of criteria pollutants 

addressed under CAA section 110. 

Q. Title 48: Rules for Fugitive Emissions 

LRAPA submitted fugitive emission 

requirements in Title 48 for SIP 

approval, consistent with Oregon’s 

fugitive emissions rules in Division 208. 

This title requires sources to take 

reasonable precautions to prevent 

fugitive emissions, and may require a 

fugitive emissions control plan to 

prevent visible emissions from leaving a 

facility property for more than 18 

seconds in a six-minute period. 

Compliance is based on EPA Method 22, 

Visual Determination of Fugitive 

Emissions from Material Sources and 

Smoke Emissions from Flares. We 

propose to approve Title 48 into the SIP 

because we have determined that these 

fugitive emissions rules are consistent 

with CAA requirements. 

R. Title 50: Ambient Air Standards and 

PSD Increments 

Title 50 contains ambient air quality 

standards and Prevention of Significant 

Deterioration (PSD) increments 

applicable in Lane County. Most 

notably, LRAPA updated Title 50 for all 

current federal national ambient air 

quality standards and federal reference 

methods.32

At Section 50–005(2), LRAPA added 

language expressly stating that no 

source may cause or contribute to a new 

violation of an ambient air quality 

standard or a PSD increment, even if the 

single source impact is less than the 

significant impact level. This change 

was made to address a court decision 

vacating and remanding regulatory text 

for the PM2.5 significant impact level. 

Please see Section M for a detailed 

discussion of the basis for our 

determination that this change, along 

with other related changes, adequately 

addresses the court decision. 

LRAPA updated the table of PSD 

increments, also known as maximum 

allowable increases and clarified that 

PSD increments are compared to 

aggregate increases in pollution 

concentrations from the new or 

modified source over the baseline 

concentration.33 LRAPA included 

ambient air quality thresholds for 

pollutants in this title, moved from Title 

38, to centralize ambient standards and 

thresholds. Finally, LRAPA 

consolidated requirements for areas 

subject to an approved maintenance 

plan, moving ambient standards and 

thresholds from Title 38 into Section 

50–065. We propose to approve the 

submitted revisions to Title 50 as being 

consistent with CAA requirements and 

implementing regulations at 40 CFR 

parts 50 and 51. 

S. Title 51: Air Pollution Emergencies 

This title establishes criteria for 

identifying and declaring air pollution 

episodes at levels below the levels of 

significant harm. LRAPA submitted 

mostly minor changes to this title. 

However, significant changes were 

made to establish a significant harm 

level for PM2.5, and PM2.5 trigger levels 

corresponding with alert, warning, and 

emergency episodes. We propose to 

approve the submitted revisions to Title 

51 because this title remains consistent 

with the EPA’s rules at 40 CFR part 51, 

subpart H Prevention of Air Pollution 

Emergency Episodes. 

III. Proposed Action 

We propose to approve, and 

incorporate by reference into the SIP, 

specific rule revisions submitted by 

Oregon and LRAPA on August 29, 2014 

(state effective March 31, 2014) and 

March 27, 2018 (state effective March 

23, 2018), to apply in Lane County. We 

also propose to approve, but not 

incorporate by reference, specific 

provisions that provide LRAPA with 

authority needed for SIP approval. 

As requested by LRAPA and the state, 

we are removing certain rules from the 

SIP, because they are obsolete, 

redundant, or replaced by equivalent or 

more stringent local rules. We are also 

deferring action on a section of rules 

because we intend to address them in a 

separate, future action. 

We note that the submissions include 

changes to OAR 340–200–0040, a rule 

that describes the Oregon procedures for 

adopting its SIP and references all of the 

state air regulations that have been 

adopted by LRAPA and ODEQ for 

approval into the SIP (as a matter of 

state law), whether or not they have yet 

been submitted to or approved by the 

EPA. We are not approving the changes 

to OAR 340–200–0040 because the 

federally-approved SIP consists only of 

regulations and other requirements that 

have been submitted by LRAPA and 

ODEQ and approved by the EPA. 

A. Rules Approved and Incorporated by 

Reference 

We propose to approve into the 

Oregon SIP, and incorporate by 

reference at 40 CFR part 52, subpart 

MM, revisions to the following LRAPA 

rule sections. Each rule section listed is 

state effective March 23, 2018, unless 

marked with an asterisk, denoting it is 

effective March 31, 2014: 

• Title 12—Definitions (001, 005, 010, 

020, 025); 


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• Title 29—Designation of Air Quality 

Areas (0010, 0020, 0030, 0040, 0050, 

0060, 0070*, 0080*, 0090*, 0300, 0310, 

0320); 

• Title 30—Incinerator Regulations 

(010, 015*, 020*—except (2) and (8), 

025*—except (9), 030*—except (1)(I) 

and (2)(E), 035*, 040*, 045*—except (3), 

050*, 055*, 060*); 

• Title 31—Public Participation 

(0010, 0020, 0030, 0040, 0050, 0060, 

0070, 0080); 

• Title 32—Emission Standards (001, 

005, 006, 007, 008, 009, 010, 015, 020, 

030, 045, 050, 060, 065, 070, 090*, 100, 

8010); 

• Title 33—Prohibited Practices and 

Control of Special Classes of Industry 

(005, 060, 065, 070—except, in (1), the 

definitions of ‘‘non-condensables’’, 

‘‘other sources’’, and ‘‘TRS’’, (3)(a), 

(4)(b), (5)(b), (6)(a), (6)(b), 500); 

• Title 34—Stationary Source 

Notification Requirements (005, 010, 

015, 016, 017, 020, 025, 030, 034, 035, 

036, 037, 038); 

• Title 35—Stationary Source Testing 

and Monitoring (0010, 0110, 0120, 0130, 

0140, 0150*); 

• Title 37—Air Contaminant 

Discharge Permits (0010, 0020, 0025, 

0030, 0040, 0052, 0054, 0056, 0060, 

0062, 0064, 0066, 0068, 0070, 0082, 

0084, 0090, 0094, 8010, 8020); 

• Title 38—New Source Review 

(0010, 0020, 0025, 0030, 0034, 0038, 

0040, 0045, 0050, 0055, 0060, 0070, 

0245, 0250, 0255, 0260, 0270, 0500, 

0510—except (3), 0530, 0540); 

• Title 40—Air Quality Analysis 

Requirements (0010, 0020, 0030, 0040, 

0045, 0050, 0060, 0070); 

• Title 41—Emission Reduction 

Credits (0010*, 0020, 0030); 

• Title 42—Stationary Source Plant 

Site Emission Limits (0010, 0020, 0030, 

0035, 0040, 0041, 0042, 0046, 0048, 

0051, 0055, 0080, 0090); 

• Title 48—Rules for Fugitive 

Emissions (001, 005, 010, 015); 

• Title 50—Ambient Air Standards 

and PSD Increments (001, 005, 015, 025, 

030, 035, 040, 045, 050, 055, 060*, 065); 

and 

• Title 51—Air Pollution Emergencies 

(005, 007, 010, 011, 015, 020, 025, Table 

I, Table II, Table III). 

B. Rules Approved But Not Incorporated 

by Reference 

We propose to approve, but not 

incorporate by reference, the following 

LRAPA rule sections. Each rule section 

is state effective March 23, 2018, unless 

marked with an asterisk, denoting the 

rule is effective March 31, 2014: 

• Title 13—General Duties and 

Powers of Board and Director (005*, 

010*, 020*, 025*, 030*, 035*); and 

• Title 14—Rules of Practice and 

Procedures (110, 115, 120, 125, 130, 

135, 140, 145, 147, 150, 155, 160, 165, 

170, 175, 185, 190, 200, 205). 

C. Rules Removed 

We are removing the following rules 

from the current federally-approved 

Oregon SIP at 40 CFR part 52, subpart 

MM, because they have been repealed, 

replaced by rules noted in paragraph A. 

above, or the state has asked that they 

be removed: 

• Title 12—Definitions (001(2)), state 

effective March 8, 1994; 

• Title 30—Incinerator Regulations 

(005), state effective March 8, 1994; 

• Title 33—Prohibited Practices and 

Control of Special Classes of Industry 

(030, 045), state effective November 10, 

1994; and 

• Title 34—Stationary Source 

Notification Requirements (040), state 

effective June 13, 2000. 

We also are removing the following 

rules in the table entitled, ‘‘Rules Also 

Approved for Lane County’’, state 

effective April 16, 2015, because LRAPA 

has submitted equivalent or more 

stringent local rules to apply in place of 

those requirements: 

Table 5—EPA-Approved Oregon 

Administrative Rules (OAR) Also 

Approved for Lane County 

• Division 200—General Air 

Pollution Procedures and Definitions 

(0020); 

• Division 202—Ambient Air Quality 

Standards and PSD Increments (0050); 

• Division 204—Designation of Air 

Quality Areas (0300, 0310, 0320); 

• Division 208—Visible Emissions 

and Nuisance Requirements (0110, 

0210); 

• Division 214—Stationary Source 

Reporting Requirements (0114)(5); 

• Division 216—Air Contaminant 

Discharge Permits (0040, 8010); 

• Division 222—Stationary Source 

Plant Site Emission Limits (0090); 

• Division 224 –New Source Review 

(0030, 0530); 

• Division 225—Air Quality Analysis 

Requirements (0010, 0020, 0030, 0040, 

0045, 0050, 0060, 0070); 

• Division 226—General Emissions 

Standards (0210); and 

• Division 228—Requirements for 

Fuel Burning Equipment and Fuel 

Sulfur Content (0210). 

D. Rules Deferred 

We are deferring action on the 

following rules, state effective March 23, 

2018, because we intend to address 

them in a separate, future action: 

• Title 36—Excess Emissions (001, 

005, 010, 015, 020, 025, 030). 

IV. Incorporation by Reference 

In this rule, we are proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, we are 

proposing to incorporate by reference 

the provisions described above in 

Section III. Proposed Action. The EPA 

has made, and will continue to make, 

these documents generally available 

electronically through https://

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

V. Oregon Notice Provision 

Oregon Revised Statute 468.126 

prohibits ODEQ from imposing a 

penalty for violation of an air, water or 

solid waste permit unless the source has 

been provided five days’ advanced 

written notice of the violation and has 

not come into compliance or submitted 

a compliance schedule within that fiveday period. By its terms, the statute does 

not apply to Oregon’s title V program or 

to any program if application of the 

notice provision would disqualify the 

program from federal delegation. Oregon 

has previously confirmed that, because 

application of the notice provision 

would preclude EPA approval of the 

Oregon SIP, no advance notice is 

required for violation of SIP 

requirements. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable federal regulations. 

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

Thus, in reviewing SIP submissions, the 

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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 36837 

• 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 

this action does not involve technical 

standards; and 

• does not provide the 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 23, 2018. 

Chris Hladick, 

Regional Administrator, Region 10. 

[FR Doc. 2018–16371 Filed 7–30–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 68 

[EPA–HQ–OEM–2015–0725; FRL–9981–66– 

OLEM] 

RIN 2050–AG95 

Accidental Release Prevention 

Requirements: Risk Management 

Programs Under the Clean Air Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notification of 

data availability and extension of 

comment period; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) issued a proposed rule in 

the Federal Register on May 30, 2018 to 

request public comment on several 

proposed changes to the final Risk 

Management Program Amendments rule 

(Amendments rule) issued on January 

13, 2017. This document is being issued 

to correct technical errors in the 

Regulatory Impact Analysis and the 

Notification of Data Availability and 

Extension of Comment Period for the 

proposed rule. 

DATES: Comments on the proposed rule 

(83 FR 24850, May 30, 2018), as 

extended by the Notification of Data 

Availability and Extension of Comment 

Period (83 FR 34967, July 24, 2018) 

must be received by August 23, 2018. 

ADDRESSES: Submit comments and 

additional materials, identified by 

docket EPA–HQ–OEM–2015–0725 to 

the Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

James Belke, United States 

Environmental Protection Agency, 

Office of Land and Emergency 

Management, 1200 Pennsylvania Ave. 

NW (Mail Code 5104A), Washington, 

DC 20460; telephone number: (202) 

564–8023; email address: belke.jim@

epa.gov, or Kathy Franklin, United 

States Environmental Protection 

Agency, Office of Land and Emergency 

Management, 1200 Pennsylvania Ave. 

NW (Mail Code 5104A), Washington, 

DC 20460; telephone number: (202) 

564–7987; email address: 

franklin.kathy@epa.gov. 

SUPPLEMENTARY INFORMATION: Detailed 

background information describing the 

proposed RMP Reconsideration 

rulemaking may be found in a 

previously published document: 

Accidental Release Prevention 

Requirements: Risk Management 

Programs Under the Clean Air Act; 

Proposed Rule (83 FR 24850, May 30, 

2018). 

I. What action is EPA taking? 

EPA is correcting incorrect date 

references to the version of the Risk 

Management Plan (RMP) database used 

to extract accident history information 

for the years 2014 through 2016. EPA 

used this accident information to update 

the trend of accidents from RMP 

facilities discussed in the Regulatory 

Impact Analysis for the proposed 

Reconsideration rule (EPA. Regulatory 

Impact Analysis, Reconsideration of the 

2017 Amendments to the Accidental 

Release Prevention Requirements: Risk 

Management Programs Under the Clean 

Air Act, Section 112(r)(7), April 27, 

2018). EPA also referred to the 2014– 

2016 accident information in the 

Accidental Release Prevention 

Requirements: Risk Management 

Programs Under the Clean Air Act; 

Notification of Data Availability and 

Extension of Comment Period (83 FR 

34967, July 24, 2018). In both 

documents, EPA made incorrect 

references to the date of the RMP 

database version used to extract these 

accident data. This document serves to 

correct the incorrect date references. 

II. What does this correction do? 

This document corrects incorrect date 

references to the RMP database in two 

locations in the regulatory record for the 

Accidental Release Prevention 

Requirements: Risk Management 

Programs Under the Clean Air Act; 

Proposed Rule (83 FR 24850, May 30, 

2018). One location is on page 33 of the 


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