Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 2891

abutment, overhead power cable tower, 

pier or tunnel ventilators south of the 

Troy, NY Locks. Vessels may transit 

through any portion of the zone that 

extends into the navigable channel for 

the sole purpose of direct and 

expeditious transit through the zone so 

long as they remain within the 

navigable channel, maintain the 

maximum safe distance from the 

waterfront facility and do not stop or 

loiter within the zone. 

(6) New York City Passenger Ship 

Terminal, Hudson River, NY. (i) 

Location. All waters of the Hudson 

River bound by the following points: 

From the northeast corner of Pier 96 

where it intersects the seawall, thence 

west to approximate position 

40°46′23.1′′ N, 073°59′59.0′′ W, thence 

south to approximate position 

40°45′55.3′′ N, 074°00′20.2′′ W (NAD 

1983), thence east to the southeast 

corner of Pier 84 where it intersects the 

seawall, thence north along the 

shoreline to the point of origin. 

(ii) Enforcement period. This zone 

will be enforced whenever passenger 

vessels are pierside at Pier 88, 90 or 92 

or whenever the passenger ship terminal 

or the adjacent Intrepid Sea, Air and 

Space Museum, Manhattan is being 

used as an Emergency Operations 

Center. The activation and termination 

of a particular zone will be announced 

in accordance with 33 CFR 165.7. 

(b) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

and 165.33 apply. 

(2) Vessels not actively engaged in 

legitimate transfer operations shall not 

stop or loiter within that part of a 

commercial waterfront facility safety 

and security zone extending into the 

navigable channel, described in 

paragraph (a)(3) of this section, without 

the express permission of the Coast 

Guard Captain of the Port or the 

designated on-scene patrol personnel. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated on-scene patrol personnel. 

These personnel comprise 

commissioned, warrant, and petty 

officers of the Coast Guard onboard 

Coast Guard, Coast Guard Auxiliary, 

local, state, and federal law enforcement 

vessels. Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed.

Dated: December 30, 2002. 

N.E. Merkle, 

Captain, Coast Guard, Acting Captain of the 

Port, New York.

[FR Doc. 03–1285 Filed 1–21–03; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[OR–01–003; FRL–7429–5] 

Approval and Promulgation of 

Implementation Plans; Oregon

AGENCY: Environmental Protection 

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection 

Agency (EPA) approves numerous 

revisions to the State of Oregon 

Implementation Plan submitted to EPA 

by the Director of the Oregon 

Department of Environmental Quality 

(ODEQ) on November 5, 1999, March 7, 

2000, June 26, 2001, and November 4, 

2002. The revisions were submitted in 

accordance with the requirements of 

section 110 and parts C and D of title 

I of the Clean Air Act (hereinafter CAA 

or Act).

DATES: This direct final rule will be 

effective March 24, 2003, unless EPA 

receives adverse comment by February 

21, 2003. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect.

ADDRESSES: Written comments should 

be addressed to: Debra Suzuki, EPA, 

Office of Air Quality (OAQ–107), 1200 

Sixth Avenue, Seattle, Washington 

98101. 

Copies of the State’s request and other 

information supporting this action are 

available for inspection during normal 

business hours at the following 

locations: EPA, Office of Air Quality 

(OAQ–107), 1200 Sixth Avenue, Seattle, 

Washington 98101, and State of Oregon, 

Department of Environmental Quality, 

811 SW. Sixth Avenue, Portland, 

Oregon 97204–1390.

FOR FURTHER INFORMATION CONTACT:

David C. Bray, Senior Air Pollution 

Scientist, EPA, Office of Air Quality 

(OAQ–107), Seattle, Washington 98101, 

(206) 553–4253.

SUPPLEMENTARY INFORMATION: Please 

note that if EPA receives adverse 

comment on an amendment, paragraph 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. Throughout this document, 

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

we mean the EPA. Information is 

organized as follows:

Table of Contents 

I. Rule Recodification 

A. Description of Submittal 

B. Summary of Action 

II. Emission Standards for VOC Point 

Sources—Marine Vapor Loading 

A. Description of Submittal 

B. Summary of Action 

III. Permitting Rules

A. Description of Submittals 

B. Background 

C. Key Changes to Oregon’s SIP 

1. Division 200 General Air Pollution 

Procedures and Definitions 

2. Division 204 Designation of Air Quality 

Areas 

3. Division 209 Public Participation 

4. Division 210 Stationary Source 

Notification Requirements 

5. Division 212 Stationary Source Testing 

and Monitoring 

6. Division 214 Stationary Source 

Reporting Requirements 

7. Division 216 Air Contaminant Discharge 

Permits 

8. Division 222 Stationary Source Plant 

Site Emission Limits 

9. Division 224 Major New Source Review 

10. Division 225 Air Quality Analysis 

Requirements 

11. Division 226 General Emission 

Standards 

12. Division 268 Emission Reduction 

Credits 

IV. Letter Notice Approval—Repeal of Rule 

for Parking Offsets in the Portland 

Central Business District 

V. Statutory Authority 

VI. Scope of EPA Approval 

VII. Summary of Action 

VIII. Regulatory Assessment Requirements

I. Rule Recodification 

A. Description of Submittal 

On November 5, 1999, ODEQ 

submitted a complete rule renumbering 

to EPA for approval into the SIP. The 

rules are renumbered and re-labeled to 

more accurately describe their content, 

and non-applicable and duplicative 

rules are repealed to eliminate conflicts 

and purge outdated requirements. These 

rule changes are non-substantive. The 

following Divisions were submitted as 

part of the rule renumbering, with an 

effective date under State law of October 

14, 1999: 200 (General Air Pollution 

Procedures and Definitions), 202 

(Ambient Air Quality Standards and 

PSD Increments), 204 (Designation of 

Air Quality Areas), 206 (Air Pollution 

Emergencies), 208 (Visible Emissions 

and Nuisance Requirements), 210 

(Stationary Source Notification 

Requirements), 212 (Stationary Source 

Testing and Monitoring), 214

2892 Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 

(Stationary Source Reporting 

Requirements), 216 (Air Contaminant 

Discharge Permits), 218 (Oregon Title V 

Operating Permits), 222 (Stationary 

Source Plant Site Emission Limits), 224 

(Major New Source Review), 225 (Air 

Quality Analysis Requirements), 226 

(General Emission Standards), 228 

(Requirements for Fuel Burning 

Equipment and Fuel Sulfur Content), 

232 (Emission Standards for VOC Point 

Sources), 234 (Emission Standards for 

Wood Products Industries), 236 

(Emission Standards for Specific 

Industries), 240 (Rules for Areas with 

Unique Air Quality Needs), 242 (Rules 

Applicable to the Portland Area), 250 

(General Conformity), 252 

(Transportation Conformity), 256 (Motor 

Vehicles), 258 (Motor Vehicle Fuel 

Specifications), 262 (Residential 

Woodheating), 264 (Rules for Open 

Burning), 266 (Field Burning Rules 

(Willamette Valley)), and 268 (Emission 

Reduction Credits). Cross-reference 

tables for the old and new division 

numbers are available in the docket for 

this action.

B. Summary of Action 

We are approving the recodified 

version of Oregon’s rules to replace the 

old divisions in the current SIP. ODEQ 

submitted revised versions of Divisions 

200, 202, 204, 210, 212, 214, 216, 222, 

224, 226, 240, and 268 on June 26, 2001. 

The approval of these sections is 

discussed in section III below. In 

addition, in the process of reviewing the 

recodification submittal against the 

current SIP, some past errors were 

discovered. We are correcting these 

errors in this action, and they are 

described below, along with the 

exceptions to our approval of the 

recodification submittal. 

Division 208, Visible Emissions and 

Nuisance Requirements; Division 256, 

Motor Vehicles; and Division 264, Rules 

for Open Burning (New Division 

Numbers) 

We are not acting on Division 208 

(Visible Emissions and Nuisance 

Requirements), Division 256 (Motor 

Vehicles), and Division 264 (Rules for 

Open Burning) in this action. These 

divisions have been subsequently 

revised by ODEQ and were submitted to 

EPA for approval on March 13, 2001 

(Division 208), September 21, 2000 

(Division 256), December 1, 2000 

(Division 256), and June 26, 2000 

(Division 264). We will be acting on 

Divisions 208, 256, and 264 in a 

separate rulemaking. 

Division 218, Oregon Title V Operating 

Permits 

We are taking no action on Division 

218, Oregon title V Operating Permits, 

because Federal Operating Permit (title 

V) programs and rules are reviewed and 

approved by EPA through the title V 

approval process, which is independent 

of the SIP approval process. 

Division 21, General Emission 

Standards for Particulate Matter (Old 

Division Number) 

On May 13, 1998 (63 FR 26460), EPA 

approved the removal of section 21–025, 

Refuse Burning Equipment Limitations, 

which had been repealed by ODEQ in 

1996. In 1999, this section was 

mistakenly re-approved back into the 

SIP. We are removing section 21–025 

from the SIP in this action. Sections 21–

015, 21–050, 21–055, and 21–060, 

Visible Air Contaminant Limitations 

and Fugitive Emissions, will not be 

removed from the SIP. These sections 

were renumbered to Division 208, 

which, as discussed above, will be acted 

on in a separate rulemaking. Sections 

21–200 through 21–245, Industrial 

Contingency Requirements for PM–10 

Nonattainment Areas, will also remain 

in the SIP at this time. These sections 

were repealed by ODEQ in 1998 and 

ODEQ submitted a PM–10 revocation 

package requesting the removal of these 

sections from the SIP. These sections 

will be acted on in a separate 

rulemaking. 

Division 22, General Gaseous Emissions 

(Old Division Number) 

In 1997, EPA approved section 22–

108, Applicability of Alternative Control 

Systems, into the SIP. This approval 

was done in error as ODEQ repealed this 

rule in 1983. Therefore, we are 

removing section 22–108 from the SIP 

in this action. 

Division 31, Ambient Air Quality 

Standards (Old Division Number) 

We are removing section 31–035, 

Hydrocarbons, from the SIP. ODEQ 

repealed this outdated section in 1998. 

In 1978, EPA revoked the hydrocarbons 

standard from 40 CFR 50 and changed 

the precursor for ozone from 

hydrocarbons to volatile organic 

compounds (VOC). Therefore, a 

hydrocarbons standard is no longer 

necessary. 

Division 232, Emission Standards for 

VOC Point Sources 

40 CFR 52.1985 describes the 

conditions of our past approvals of 

ODEQ’s VOC regulations. We are 

removing 40 CFR 52.1985 because the 

version of Division 232 that we are 

approving in this action satisfies these 

conditions.

Division 234, Emission Standards for 

Wood Products Industries (New 

Division Number) 

We are not acting on references to 

total reduced sulfur (TRS) in this 

division because control of TRS is not 

appropriate for inclusion in the SIP 

because it is not a criteria pollutant. 

Division 236, Emission Standards for 

Specific Industries (New Division 

Number) 

We are approving this division, with 

the exception of references to Fluorides 

because control of Fluorides is not 

appropriate for inclusion in the SIP 

because it is not a criteria pollutant. 

Division 250, General Conformity (New 

Division Number) 

On September 27, 1995, ODEQ 

submitted a complete package of 

General Conformity rules (Division 20) 

to EPA for approval into the SIP. On 

October 8, 1998, ODEQ submitted 

further revisions to their General 

Conformity rules. This 1998 submittal 

only contained the sections that were 

revised. The 1998 submittal was 

approved in a Federal Register

document on March 22, 2000 (65 FR 

15244). The sections that were not 

revised in 1998 (20–1500, 20–1540, 20–

1550, and 20–1560), however, were 

never approved as part of the SIP. The 

entire package of General Conformity 

rules was submitted in the 

recodification package in 1999, where 

Division 20 was renumbered to Division 

250. The previously unapproved 

sections comply with the Federal rules 

under 40 CFR part 51, subpart W, so 

therefore we are now approving all 

sections of ODEQ’s General Conformity 

rules, under the new Division 250. 

However, we are taking no action on 

section 250–0110, Savings Provision, 

which describes how the Federal and 

State rules work together, because it is 

not needed in the SIP. 

Division 252, Transportation 

Conformity (New Division Number) 

On March 22, 2000 (65 FR 15244), 

EPA approved ODEQ’s Transportation 

Conformity rules into the SIP. We are 

approving the new rule numbers for the 

Transportation Conformity rules with 

the same exceptions as the original 

approval in 2000. In the March 22, 2000, 

Federal Register document there was a 

typographical error regarding an 

exception in the Incorporation by 

Reference (IBR). The exception should 

refer to section 750(5)(b) rather than

Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 2893

750(4)(b). We are correcting this error in 

this action. 

II. Emission Standards for VOC Point 

Sources—Marine Vapor Loading 

A. Description of Submittal 

EPA redesignated the Portland area as 

attainment for ozone and approved a 

maintenance plan for the area on May 

19, 1997 (62 FR 27204). The plan relied 

on reductions from a cross-Cascades 

pipeline that would have provided a 

cost effective alternative to barging 

gasoline to fuel terminals east of the 

mountains. In July 1999, planning for 

the pipeline was halted following an 

explosion from a pipeline rupture in 

Bellingham. The maintenance plan 

states that if the pipeline is not 

constructed, ODEQ will propose 

alternate control measures. In fulfilment 

of that commitment, ODEQ submitted a 

revision to the SIP on March 13, 2000, 

which included a Marine Vapor Loading 

rule, OAR 340–232–0110, and changes 

to definitions in OAR 340–232–0030. 

These revisions were adopted by 

Oregon’s Environmental Quality 

Commission (EQC) on February 11, 

2000, and became effective as a matter 

of State law on June 1, 2001. 

OAR 340–232–0110 requires all bulk 

gas terminals in the Portland ozone air 

quality maintenance area to use 

pollution control equipment when 

loading gasoline onto river barges. If the 

previous load in the barge was gasoline, 

then vapor control is required when 

loading any subsequent petroleum 

product. Ship-to-ship transfers, known 

as ‘‘lightering,’’ are now required to be 

conducted with vapor control if either 

vessel is berthed at a terminal dock. 

Mid-river lightering transfers do not 

require vapor control but are prohibited 

on ‘‘Clean Air Action Days’’. The ‘‘Clean 

Air Action Days’’ program is outlined 

and described within ODEQ’s Air 

Quality Public Education and Incentive 

Program that was reviewed previously 

by EPA as part of Oregon’s SIP. The 

revisions to OAR 340–232–0030 include 

adding definitions for gas freed, 

lightering, loading event, marine tank 

vessel, marine terminal, marine vessel, 

and vapor tight. 

B. Summary of Action 

ODEQ submitted information showing 

that the emission reductions that will be 

achieved by its newly adopted marine 

vapor loading provisions are equivalent 

to those that would have resulted from 

the cross-Cascades pipeline. Section 

183(f) of the 1990 Clean Air Act 

Amendments authorizes States to adopt 

standards that regulate emissions from 

marine vessels. Accordingly, we are 

approving this submittal (OAR 340–

232–0030 and OAR 340–232–0110). 

III. Permitting Rules 

A. Description of Submittals 

On June 26, 2001, the Director of the 

ODEQ submitted 17 Divisions of the 

Oregon Administrative Rules as 

revisions to the Oregon SIP. The 

submittal includes amendments to the 

following Divisions, effective July 1, 

2001: 12 (Enforcement Procedure and 

Civil Penalties), 200 (General Air 

Pollution Procedures and Definitions), 

202 (Ambient Air Quality Standards and 

PSD Increments), 204 (Designation of 

Air Quality Areas), 210 (Stationary 

Source Notification Requirements), 212 

(Stationary Source Testing and 

Monitoring), 214 (Stationary Source 

Reporting Requirements), 216 (Air 

Contaminant Discharge Permits), 222 

(Stationary Source Plant Site Emission 

Limits), 224 (Major New Source 

Review), 226 (General Emission 

Standards), 240 (Rules for Areas with 

Unique Air Quality Needs), and 268 

(Emission Reduction Credits); new 

Divisions 209 (Public Participation) and 

225 (Air Quality Analysis 

Requirements); and the revocation of 

Division 14 (Procedures for Issuance, 

Denial, Modification, and Revocation of 

Permits). A comprehensive summary of 

the rule changes, including rule-by-rule 

descriptions, is included in the SIP 

submittal (Attachment 3.3). 

On November 4, 2002, the Director of 

the ODEQ submitted the PM–10 

maintenance plans for the Grants Pass 

and Klamath Falls nonattainment areas. 

This submittal included revisions to 

Divisions 204–0030 (Designation of 

Nonattainment Areas), 204–0040 

(Designation of Maintenance Areas), 

222–041 (Source Specific Annual 

PSEL), 224–0060 (Requirements for 

Sources in Maintenance Areas), 224–

0070 (Prevention of Significant 

Deterioration Requirements for Sources 

in Attainment or Unclassified Areas), 

225–0020 (Definitions), 225–0050 

(Requirements for Analysis in PSD Class 

II and Class III Areas), 225–0060 

(Requirements for Demonstrating 

Compliance with Standards and 

Increments in PSD Class I Areas), and 

225–0090 (Requirements for 

Demonstrating a Net Air Quality 

Benefit) and a new section 225–0045 

(Requirements for Analysis in 

Maintenance Areas), effective October 8, 

2002. These Divisions were revised as 

part of the maintenance plan efforts, and 

sections 225–0020(10) and 225–0090 

(1)(c) were further revised as part of a 

temporary rulemaking to change the 

applicability date for the new ozone 

precursor significant impact distance 

from January 1, 2003, to January 1, 2004. 

This temporary rulemaking is effective 

from October 8, 2002, through April 6, 

2003. EPA will be acting on the 

maintenance plans and redesignation 

requests (including sections 204–0030 

and 204–0040) in a separate rulemaking.

B. Background 

The current ODEQ new source review 

(NSR) program and Federallyenforceable state operating permit 

(FESOP) program were developed in 

1981 and approved by EPA on August 

13, 1982 (47 FR 35191). Although there 

have been a number of minor revisions 

to Oregon’s permitting rules over the 

years, there had been no comprehensive 

review or revision of the rules. Over the 

years, ODEQ, EPA, industry, and others 

identified a number of concerns with 

the rules that were usually addressed 

through ODEQ internal implementation 

guidance rather than through 

rulemaking. However in 1998, ODEQ 

decided to undertake a comprehensive 

review of its existing permitting rules. 

A workgroup of representatives from 

ODEQ and the Lane Regional Air 

Pollution Authority, with input from 

EPA, identified permitting rule 

problems and recommended solutions, 

building on recommendations of the 

Oregon Industrial Source Advisory 

Committee in 1994–1995 and an air 

quality process improvement team in 

1998. An extensive list of rule changes 

was suggested by the workgroup and 

then reviewed and critiqued by ODEQ 

permit writers, inspectors, and 

management to develop final 

recommendations.ODEQ’s final 

recommendations were discussed in 

detail with industrial source and 

environmental representatives during a 

variety of workgroup and roundtable 

meetings. In addition, the 

recommendations were presented and 

discussed with permitted sources, 

source representatives, and the public at 

several locations in Oregon prior to 

publication of the proposed rules for 

public comment. 

The rulemaking package finally 

adopted by ODEQ and submitted to EPA 

as a SIP revision includes numerous 

changes to several different permitting 

programs—minor NSR, PSD, part D 

(nonattainment area) NSR, visibility 

permitting, state operating permits, 

emissions trading, and other permitrelated rules. The changes were 

intended to clarify and update Oregon’s 

existing permitting rules and to provide 

additional tools to streamline the 

permitting and planning process, while 

obtaining the same air quality benefits

2894 Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 

as the existing rules. The changes 

include: 

(1) Simpler permitting procedures; 

(2) Greater use of general permits; 

(3) Less need for permit revisions; 

(4) Simpler emission trading options; 

(5) Improved construction approval 

procedures; 

(6) Better targeted public 

involvement; 

(7) Simpler fees and billing; and 

(8) Clearer applications and other 

requirements. 

EPA has reviewed the amendments to 

the ODEQ rules and has determined that 

they meet EPA’s requirements under 

sections 110, part C and part D of title 

1 of the Clean Air Act. EPA is therefore 

approving them as revisions to the 

Oregon SIP. 

C. Key Changes to Oregon’s SIP 

The docket includes a technical 

support document which describes in 

more detail the substantive changes to 

the Oregon rules that have been 

submitted by Oregon as revisions to the 

SIP, EPA’s evaluation of the changes, 

and the basis for EPA’s action. A 

summary of the key changes to Oregon’s 

rules and EPA’s proposed action 

follows: 

1. Division 200 General Air Pollution 

Procedures and Definitions 

This Division contains ODEQ’s 

general air quality definitions (section 

0020), a list of abbreviations and 

acronyms (section 0025), general 

exceptions (section 0030), provisions for 

adopting and submitting the Oregon SIP 

(section 0040), provisions for 

compliance schedules (section 0050), 

and rules for conflicts of interest and 

makeup of boards (sections 0100 to 

0120). 

EPA is taking no action on section 

0040 State of Oregon Clean Air Act 

Implementation Plan because this 

section describes the State’s procedures 

for adopting its SIP and incorporates by 

reference all of the revisions adopted by 

the EQC for approval into the Oregon 

SIP (as a matter of state law). This is not 

what is actually approved by EPA as the 

Federally-enforceable SIP for Oregon, so 

we are therefore taking no action on it. 

Previously, section 0040 had been 

approved by EPA into the SIP in error, 

and we are correcting that error in this 

action. EPA is taking no action on 

section 0050 Compliance Schedules 

because any compliance schedule 

established by Oregon under this 

provision must be submitted to, and 

approved by, EPA before it will be 

Federally enforceable or change the 

requirements of the EPA-approved SIP 

(see 40 CFR 51.260 and 40 CFR 

51.102(a)(2) and (c)). We reviewed 

sections 200–0100, 200–0110, and 200-

0120 which cover conflicts of interest 

and found them to meet the 

requirements of section 128 of the CAA. 

These provisions will not be 

incorporated by reference, however. 

A few new or revised definitions 

merit discussion: 

Adjacent—This definition was added 

to clarify that facilities that are located 

near each other and which are 

interdependent will be considered to be 

adjacent for purposes of the definition 

of the term ‘‘source.’’

Federal major source—This new 

definition defines the size of major 

stationary sources (as that term is 

defined in the ODEQ rules) that will be 

subject to certain provisions of the 

ODEQ permit rules. The size thresholds 

used to define this term are the same as 

those in EPA’s PSD rules (40 CFR 

51.166(a)(1), specifically, the 100 ton 

per year and 250 ton per year 

thresholds. 

Generic PSEL—This new definition 

establishes the annual (12-month rolling 

average) emission limits that will be 

included in general ACDP’s and other 

permits for pollutants that are emitted 

in less than significant emission rates. 

Generic PSEL’s will limit the potential 

to emit of any pollutant to less than the 

Oregon major source thresholds. 

Major modification—This definition 

was revised to better implement the 

ODEQ accumulation approach to 

determining when a major modification 

will occur. It also clarifies when 

increases in emissions that do not result 

from physical or operational changes are 

not considered to be modifications and 

are regulated under the PSEL rule. 

Modification—This new definition 

was added to define the term 

modification for the minor source 

construction permitting program. The 

definition is essentially the same as 

EPA’s definition of the term 

‘‘modification’’ in 40 CFR part 60 (i.e., 

the NSPS definition). 

Netting basis—This new definition 

was added to better implement the 

ODEQ definition of ‘‘major 

modification.’’ It 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 major source permitting 

process. 

Significant emission rate—This 

definition was revised to delete the 

hazardous air pollutants from table 2; to 

clarify that for pollutants not listed in 

table 2, the significant emission rate is 

zero unless ODEQ has established a rate 

for that pollutant; and to revise table 3 

so that the lower significant emission 

rates apply only to the MedfordAshland AirQuality Maintenance Area 

and not to the Klamath Falls Urban 

Growth Area and the Lakeview PM–10 

Nonattainment Area. 

Unassigned emissions—This new 

definition defines how the quantity of 

unassigned emissions is to be 

determined for purposes of the Plant 

Site Emission Limit rule.

2. Division 204 Designation of Air 

Quality Areas 

This Division identifies the carbon 

monoxide, particulate matter (PM–10) 

and ozone nonattainment areas in the 

State of Oregon. The Division was 

amended to reinstate the nonattainment 

designation for the Salem 

Nonattainment Area for Ozone as a 

result of the reinstatement of EPA’s onehour ozone standard. 

3. Division 209 Public Participation 

This is a new Division that contains 

all of the public participation 

procedures and requirements for issuing 

permits that used to be contained in 

Divisions 14, 216, 218, and 224. It 

establishes public participation 

procedures for four categories of permit 

actions. The permitting program rules 

assign permit actions to the appropriate 

public participation procedures 

established in this Division. The four 

categories of permit actions and 

associated procedures are: 

Category I—changes that are not 

environmentally significant and do not 

involve choices made by ODEQ (e.g., 

facility name change). These actions 

require no prior public notice, but a list 

of permit actions will periodically be 

made available for public review after 

the changes have been made. 

Category II—changes that have the 

potential for low to medium 

environmental and public health 

significance (e.g., renewing a simple 

permit). These actions will require a 30-

day public notice period, but not a 

public hearing. 

Category III—changes that have the 

potential for medium to high 

environmental and public health 

significance (e.g., increasing the plant 

site emission limit). These actions will 

require a 35-day public notice period 

and a hearing if requested. A hearing 

can also be pre-scheduled by ODEQ. 

Category IV—changes that have the 

potential for high environmental and 

public health significance (e.g., siting a 

new major facility). These actions will 

require a public notice when the 

application is submitted and an 

informational meeting prior to drafting

Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 2895

a proposed permit. Once the proposed 

permit is drafted, a 40-day public notice 

period and a public hearing will be 

required. 

If a permitting action is not 

specifically assigned to a category, then 

it will be processed under Category III. 

EPA has reviewed these public 

participation procedures, and the 

assignment of permit actions in each of 

the separate permitting rules, and finds 

them to be consistent with the EPA 

requirements for public participation set 

forth in 40 CFR 51.161 for minor source 

permits to construct and nonattainment 

area (part D) NSR, 40 CFR 51.166(q) for 

PSD permits, the June 28, 1989, Federal 

Register (54 FR 27274) for Federallyenforceable State operating permits, and 

the December 4, 1986, Federal Register 

(51 FR 43814) for generic bubble rules. 

4. Division 210 Stationary Source 

Notification Requirements 

This Division contains a registration 

program for sources not subject to one 

of the Oregon operating permit 

programs (air contaminant discharge 

permit or title V operating permit 

programs) and also contains ODEQ’s 

‘‘minor source’’ preconstruction 

permitting program, titled ‘‘Notice of 

Construction and Approval of Plans.’’

The existing notice of construction and 

approval of plans provisions have been 

repealed and replaced with provisions 

intended to improve the effectiveness of 

the program. The new provisions also 

include the ‘‘Notice of Approval’’

provisions originally located within 

Oregon’s title V operating permit rules.

The notice of construction 

requirements apply to all stationary 

sources and air pollution control 

equipment except those that are 

specifically exempted in the rules. 

These exemptions include: 

(1) Equipment used in agricultural 

operations and the growing or 

harvesting of crops or the raising of 

fowls and animals; 

(2) Agricultural land clearing 

operations or land grading; 

(3) Residential heating for dwellings 

for four families or less; 

(4) Other residential activities at 

dwellings for four families or less; and 

(5) Categorically insignificant 

activities. 

The rules require that no person can 

construct a new stationary source, 

modify an existing stationary source, or 

construct or modify air pollution control 

equipment without first notifying the 

ODEQ. It is important to note that the 

definitions of ‘‘stationary source’’ and 

‘‘modification’’ that apply in this 

program are essentially the same as 

EPA’s definitions of these terms in 40 

CFR part 60 (New Source Performance 

Standards). 

The rules classify construction and 

modification into four types—Type 1 

which are changes that are truly de 

minimis; Type 2 which are changes that 

are more than de minimis, but less than 

significant; Type 3 which are changes 

that are significant, but not new major 

sources or major modifications; and 

Type 4 which are changes that are 

significant and may be new major 

sources or major modifications. 

The rules require Type 1 and 2 

changes to provide a notice to ODEQ 

before constructing or modifying a 

stationary source or air pollution control 

equipment. Type 3 or 4 changes must 

submit an application for either a 

construction ACDP, new ACDP, or 

modified ACDP as appropriate. It is 

important to note that the rules include 

a provision that waives the notice and 

application requirements for changes 

that are pre-approved (i.e., changes that 

have already been approved in 

accordance with the provisions of this 

Division and/or Division 224 New 

Source Review) in an ACDP or title V 

operating permit. 

Type 1 changes may begin 

construction or modification 10 days 

after the ODEQ receives the notice 

unless the ODEQ notifies the owner or 

operator that the change is not a Type 

1 change. Type 2 changes may begin 

construction or modification 60 days 

after the ODEQ receives the notice or 

the date that ODEQ approves the change 

in writing, whichever is sooner. Type 3 

changes must obtain either a 

construction ACDP or a new or 

modified standard ACDP before 

proceeding with construction or 

modification. Type 4 changes must 

obtain a new or modified standard 

ACDP before proceeding with 

construction or modification. Type 4 

changes may also be subject to the major 

source ‘‘New Source Review’’ rules 

(OAR 340 Division 224). 

The rules include a requirement for 

the owner or operator to notify ODEQ 

that construction or modification has 

been completed within 30 days and on 

a form furnished by ODEQ. This 

requirement can be changed, however, 

in the construction permit or approval 

to allow for a different time period or 

reporting format. ODEQ can also issue 

an order prohibiting the construction or 

modification if it finds that it is not in 

accordance with applicable 

requirements. 

Finally, the rules state that the 

approval to construct does not provide 

approval to operate unless otherwise 

allowed by either the ACDP or title V 

operating permit rules. Depending upon 

the type of change and the permit status 

of the source, a new or modified ACDP 

or a modified title V permit may be 

needed before the change can be 

operated. Changes at title V operating 

permit sources are governed by Oregon’s 

title V operating permit program rules 

(OAR 340–218–0190(2)). 

Although this new rule is structured 

quite differently from Oregon’s previous 

program, with one exception, it requires 

approval prior to construction or 

modification for the same universe of 

stationary sources as does the current 

SIP-approved program. The new rule 

now exempts categorically insignificant 

activities from the minor source 

construction program. Oregon’s list of 

categorically insignificant activities was 

adopted initially as part of its title V 

operating permits program and was 

approved by EPA as meeting the 

requirements of 40 CFR part 70. 

Oregon’s list of categorically 

insignificant activities is limited to 

activities that have only trivial 

emissions or activities that are not 

appropriate for regulating under a 

construction permit program (e.g., 

accidental fires, motor vehicles). EPA 

has determined that the Oregon rules for 

‘‘Notice of Construction and Approval 

of Plans’’ comply with EPA’s 

requirements for minor new source 

review programs at 40 CFR 51.160 

through 51.164. 

5. Division 212, Stationary Source 

Testing and Monitoring 

This Division contains ODEQ’s 

provisions for emission testing and 

monitoring, including Oregon’s rules for 

‘‘Compliance Assurance Monitoring.’’

The division also contains ODEQ’s 

provisions regulating the use of stack 

heights and dispersion techniques to 

comply with ambient standards. The 

Division was amended by relocating 

section 0160 Records; Maintaining and 

Reporting to Division 214. Numerous 

editorial changes and corrections to 

citations were made throughout. Oregon 

has adopted it’s own rules for 

implementing EPA’s Compliance 

Assurance Monitoring regulations and 

has submitted them for inclusion in the 

SIP. Because EPA’s regulations are 

nationally applicable, both Oregon’s 

rules (OAR 340–212–0200 through 

0280) and EPA’s rules (40 CFR part 64) 

apply to title V sources in Oregon. As 

such, EPA is approving the Oregon 

Compliance Assurance Monitoring rules 

as SIP strengthening provisions. 

EPA is approving ODEQ’s rules for 

emission testing. As provided in 40 CFR 

51.212(c) and consistent with EPA 

guidance for alternative test methods for 

New Source Performance Standards and

2896 Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 

National Emission Standards for 

Hazardous Air Pollutants, however, 

major changes to test methods for SIPapproved emission limits must be 

approved by EPA. See also ‘‘How To 

Review and Issue Clean Air Act 

Applicability Determinations and 

Alternative Monitoring: New Source 

Performance Standards and National 

Emission Standards for Hazardous Air 

Pollutants,’’ February 1999. 

6. Division 214, Stationary Source 

Reporting Requirements 

This Division contains ODEQ’s 

provisions for reporting and 

recordkeeping, information requests 

(CAA section 114 authority), credible 

evidence, business confidentiality, 

emission statements, and excess 

emissions. Numerous editorial changes 

were made throughout. The provisions 

for Records; Maintaining and Reporting 

were amended and relocated to section 

0114 from Division 212. 

On October 17, 2002, Oregon 

withdrew the provisions for excess 

emissions (OAR 340–214–0300 through 

0360) because ODEQ was beginning the 

process of revising those rules. As a 

result, the current excess emissions 

provisions in OAR 340 Division 28 will 

remain the SIP-approved version of 

these provisions.

7. Division 216, Air Contaminant 

Discharge Permits 

This Division is the ODEQ Federallyenforceable State operating permit 

(FESOP) program, and is also the 

administrative permit mechanism used 

to implement the notice of construction 

and major new source review programs. 

This Division has been revised to clarify 

the different types of ACDP’s, the 

requirements for applying for ACDP’s 

and the processes for issuing and 

modifying ACDP’s. The rule has also 

been revised to clarify when the ODEQ 

or the Lane Regional Air Pollution 

Authority has permitting responsibility 

for portable sources. 

The rules now establish 6 types of 

ACDP’s: 

(1) Construction ACDP, which is used 

for approving Type 3 changes; 

(2) General ACDP, which is for 

categories of sources for which 

individual permits are unnecessary to 

protect the environment; 

(3) Short Term Activity ACDP, which 

is a letter permit for unexpected or 

emergency activities, operations or 

emissions; 

(4) Basic ACDP, which is a letter 

permit for sources and activities listed 

in Table 1 part A; 

(5) Simple ACDP, which is a permit 

that contains all relevant applicable 

requirements, generic PSEL’s, and 

appropriate testing, monitoring, 

recordkeeping, and reporting 

requirements. 

(6) Standard ACDP, which is a permit 

that contains all applicable 

requirements, source-specific PSEL’s or 

generic PSEL’s as appropriate, and 

appropriate testing, monitoring, 

recordkeeping, and reporting 

requirements. Sources listed in table 1 

part C must obtain a Standard ACDP. 

Basic ACDP’s are available only for 

sources whose emissions are less than 

de minimis. Sources and activities listed 

in table 1 part B which do not qualify 

for a General or Simple ACDP must 

obtain a Standard ACDP. Any source 

not required to obtain a Standard ACDP 

may choose to obtain a Standard ACDP. 

The primary difference between a 

Simple ACDP and a Standard ACDP is 

that Simple ACDP’s can only include 

generic PSEL’s (the significant emission 

rate less one ton per year), not sourcespecific PSEL’s, and have a netting basis 

of zero (see discussion in section III.C.9 

below). 

The rules have been revised to clarify 

the general application requirements for 

new permits, permit renewals, and 

permit modifications, along with the 

process for determining the 

completeness of applications and for 

obtaining additional information during 

permit application review. The rules 

also include specific provisions for the 

application, content, and issuance of 

each type of ACDP, including the public 

comment process that will be followed 

for permit issuance and permit 

modifications. The provisions for 

General ACDP’s include both the 

process for ODEQ issuance of a General 

ACDP as well as the procedures for 

sources to be assigned to the General 

ACDP. 

The rules were also revised to clarify 

the requirements for permitting multiple 

sources at a single adjacent or 

contiguous site, delete obsolete 

provisions for sources to obtain limits 

on potential to emit prior to the date for 

initial title V permit applications, add 

provisions for terminating or revoking 

an ACDP, add provisions for ODEQ 

initiated permit modifications, simplify 

fee requirements, clarify how fees may 

be reduced for sources that are 

temporarily suspending activities, and 

deleting obsolete provisions regarding 

ACDP’s issued by the Lane Regional Air 

Pollution Authority. 

Finally, table 1, which previously 

contained the list of source types 

required to have ACDP’s along with the 

associated fees, has been revised and 

restructured into two tables—table 1 

which lists the source types required to 

have ACDP’s and table 2 which 

establishes initial permitting application 

fees, annual fees, specific activity fees, 

and late fees. While the fee structure has 

been substantially revised, the ODEQ 

has striven to make sure the revisions 

are revenue neutral. 

Although the Oregon ACDP program 

has been significantly revised to clarify 

applicability, establish several different 

types of permits, and to streamline the 

permitting process, it continues to 

comply with EPA’s requirements for 

FESOP programs as set forth in the June 

28, 1989, Federal Register (54 FR 

27274). 

8. Division 222, Stationary Source Plant 

Site Emission Limits 

This Division contains the ODEQ 

program for managing airshed capacity 

by regulating increases and decreases in 

air emissions of permitted sources 

through a Plant Site Emission Limit 

(PSEL). PSEL’s are used to protect 

ambient air quality standards, prevent 

significant deterioration of air quality, 

and to ensure protection of visibility. It 

is important to note that PSEL’s are not 

plantwide applicability limits (PAL’s) 

for purposes of major new source review 

(see discussion in section III.C.9. 

below). 

The Division has been extensively 

revised to clarify that PSEL’s are not 

required for pollutants that are emitted 

at less than de minimis levels, for Short 

Term Activity and Basic ACDP’s, or for 

hazardous air pollutants, establish the 

concept of a generic PSEL and the 

criteria for establishing such, clarify the 

process for establishing and revising 

PSEL’s, change the requirements for 

short-term PSEL’s, add provisions for 

addressing ‘‘unassigned’’ emissions (the 

difference between a source’s netting 

basis and it’s current potential to emit 

(PTE) when the netting basis exceeds 

the current PTE), and add provisions for 

addressing how PSEL’s are treated when 

sources combine or split.

Generic PSEL’s are used for sources 

with a capacity less than the Significant 

Emission Rate (SER) unless the source 

has a netting basis and requests a source 

specific PSEL. Generic PSEL’s may be 

used for any category of ACDP or title 

V permit. Generic PSEL’s are set by rule 

at 1 ton less than the SER (except for 

lead, municipal waste combustor 

organics, and PM–10 in Medford which 

are set slightly below the SER). 

Importantly, a source with a generic 

PSEL for a pollutant will have a netting 

basis of zero and will not have any 

emissions that can be used for netting 

(see discussion of netting basis in 

section III.C.9 below). Accumulated 

emission increases from physical or

Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 2897

operational changes that exceed the SER 

will be subject to NSR. 

Short-term PSEL’s were previously 

required to be included in all permits 

for pollutants with short-term ambient 

air quality standards. The rules have 

been revised to require short-term 

PSEL’s only for pollutants for which a 

short-term SER has been established 

(ODEQ establishes short-term SER’s on 

an area specific basis as needed to 

ensure attainment and maintenance of a 

short-term NAAQS). The rules also have 

been revised to include procedures and 

criteria to be used when revising a 

short-term PSEL (previously, the rules 

only included criteria applicable to the 

annual PSEL’s). Although this change 

will allow most ACDP’s and title V 

operating permits to be issued in the 

future without including short-term 

PSEL’s, ACDP’s and title V operating 

permits will still need to include shortterm PSEL’s for areas where ODEQ has 

previously relied upon them to 

demonstrate attainment and 

maintenance of the NAAQS. 

The general requirements for all 

PSEL’s have been revised to clarify that 

annual PSEL’s will be established on a 

rolling 12-month basis and to require 

sources to maintain either a Standard 

ACDP or a title V operating permit in 

order to have a netting basis (and a 

source-specific PSEL). It is ODEQ’s 

intention that the PSEL function as a 

limit on a source’s PTE. 

EPA has reviewed the provisions of 

the PSEL rule and finds that it 

establishes limits on a source’s PTE that 

are Federally enforceable and 

enforceable as a practical matter (with 

adequate requirements for monitoring, 

recordkeeping, and reporting in section 

0080) in accordance with EPA’s 

guidance for limiting PTE. Therefore, 

EPA is approving this rule such that 

PSEL’s in ACDP’s and title V operating 

permits that comply with the 

requirements of this rule will be 

considered to be limits on a source’s 

PTE. 

New provisions for addressing 

unassigned emissions have been added. 

The purpose of this section is to track 

and manage the difference between the 

netting basis and what a source could 

emit based on its current physical and 

operational design. This section 

essentially limits unassigned emissions 

to no more than the SER, and 

establishes the process for reducing 

unassigned emissions and the netting 

basis when permits are renewed, 

modified, or reopened. Unassigned 

emissions may only be used for netting 

purposes, and cannot be sold or banked. 

Emissions that are removed from the 

netting basis cannot be used in future 

netting actions. The provision for 

temporary PSD increment allocation has 

been repealed. The effect of this repeal 

is that all requested increases in PSEL’s 

will be evaluated for compliance with 

applicable PSD increments using the 

same criteria. 

The provisions for voluntary PSEL’s 

for hazardous air pollutants (OAR 340–

222–0060) has been revised to reflect 

the change to a rolling 12-month average 

and to accommodate generic PSEL’s. 

Because this provision does not directly 

relate to the SIP, EPA is taking no action 

on this portion of the PSEL rule. The 

effect of this is that HAP PSEL’s 

established in ACDP’s will not be 

Federally-enforceable limits on a 

source’s PTE. However, for purposes of 

the Federal hazardous air pollutant 

program under section 112 of the CAA 

and for purposes of title V of the CAA, 

limits on PTE need not be Federally 

enforceable at this time.

It is important to note that the rule 

explains how insignificant activities are 

addressed in plant-site emission limits. 

Categorically insignificant activities are 

generally not considered when 

establishing PSEL’s and demonstrating 

compliance with PSEL’s. However, 

emissions from aggregate insignificant 

activities are considered. Importantly, 

the rules state that all emissions from 

insignificant activities must be included 

when determining whether a source or 

modification is major for purposes of 

NSR or PSD. This means that a source 

which requests a PSEL below the major 

source thresholds to avoid NSR or PSD 

must include emissions from all 

insignificant activities in the PSEL. 

The rule includes a new section with 

specific requirements for ensuring 

compliance with PSEL’s. It requires 

sources to monitor emissions or other 

parameters on a frequency and with 

averaging periods sufficient to 

demonstrate compliance with the 

annual PSEL on a monthly basis and 

with short-term PSEL’s. Sources are 

required to maintain adequate records 

and to submit annual reports as required 

in ACDP’s or title V operating permits. 

Specific requirements for monitoring, 

recordkeeping, and reporting will be 

included in all permits with PSEL’s. 

Finally, the rule includes a new 

section which specifies how PSEL’s and 

netting bases will be treated when two 

or more sources combine into one (e.g., 

when one source buys a neighboring 

plant), or when one source splits into 

two or more sources (e.g., when one 

source sells a portion of its plant to 

another company). 

Overall, the revisions to ODEQ’s rules 

for Plant Site Emission Limits have 

clarified and strengthened the rules. 

Although the new provisions for generic 

PSEL’s may allow insignificant 

increases at some existing non-major 

sources, the Oregon PSEL’s still 

establish a more rigorous mechanism for 

regulating non-construction emissions 

increases at existing sources than do 

most other State programs. Furthermore, 

the new provisions for unassigned 

emissions will reduce PSEL’s for major 

sources now and into the future. EPA is 

therefore approving the revisions to the 

PSEL rules. 

9. Division 224, Major New Source 

Review 

This Division contains the ODEQ 

major source permit to construct 

programs as required by title I, parts C 

and D of the CAA. It requires an ACDP 

prior to beginning construction on a 

new major source or major modification. 

This Division applies to new major 

sources and major modifications and 

requires that no owner or operator begin 

actual construction without first having 

received an ACDP and having satisfied 

the requirements of this Division. 

Revisions to this Division must be 

evaluated in the context of the 

currently-approved ODEQ NSR rule. 

ODEQ’s NSR rule differs from EPA’s 

regulations in a number of fundamental 

ways. EPA evaluated and initially 

approved the ODEQ NSR program on 

August 13, 1982 (47 FR 35191), as being 

equivalent or more stringent than EPA’s 

regulations on a program basis. The 

ODEQ NSR program, which is closely 

linked to the ODEQ PSEL program, does 

not subject the same sources and 

modifications to major NSR as would 

EPA’s rules. The ODEQ program has 

lower major source thresholds, so 

smaller new sources and changes to 

smaller existing sources are subject to 

review. However, the ODEQ program 

utilizes a plant-wide cap approach to 

defining major modification rather than 

a contemporaneous net emissions 

increase approach as does EPA’s rules. 

The effect of this plant-wide cap 

approach is that some changes which 

would be subject to review under EPA’s 

rules are not subject under ODEQ’s 

rules. However, some changes which 

would not be subject to review under 

EPA’s rules are subject under ODEQ’s 

rules. In addition, changes which would 

result in increased emissions, but would 

not be considered modifications under 

EPA’s rules, are reviewed for 

compliance with standards and 

increments under ODEQ’s PSEL 

program. Overall, EPA when it initially 

approved Oregon’s program in 1982 

determined that the Oregon program 

would review and control emissions 

from new and modified sources equal to

2898 Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 

or better than EPA’s program regardless 

of the fact that some specific changes 

might not be subject to NSR in Oregon 

that would be under EPA’s program. 

EPA has evaluated the changes to the 

ODEQ program and determined they 

would improve the implementation and 

enforcement of the current ODEQ 

approach and that they would not result 

in any relaxation that could impair the 

ability of the program to protect 

NAAQS, PSD increments, and visibility 

in Class I areas. EPA is therefore 

approving the changes. Note that, with 

respect to Oregon’s rules relating to new 

source review, EPA is taking no position 

on whether Oregon will need to make 

changes to its new source review rules 

to meet requirements that EPA 

promulgates as part of new source 

review reform. 

a. Nonattainment Area (Part D) NSR 

Under ODEQ’s rules, all new major 

sources or major modifications in 

nonattainment areas must comply with 

the Lowest Achievable Emission Rate 

(LAER). Because the ODEQ definition of 

major modification accumulates 

emission increases and decreases since 

the baseline date or last NSR permit, 

emission units that were constructed or 

modified in the past as minor changes 

are subject to major NSR when the 

accumulated increases exceed the SER. 

As such, the ODEQ rule includes special 

provisions for applying LAER 

retroactively to these new or modified 

emission units, including the 

consideration of whether the retrofit 

controls are technically feasible. 

Because EPA’s regulations would not 

require LAER to be required 

retroactively for minor changes that 

were not part of the current permitting 

action, the additional ODEQ criteria for 

applying LAER to these changes does 

not conflict with the CAA or EPA’s 

requirements. 

Under ODEQ’s rules, all new major 

sources and major modifications in 

nonattainment areas must also provide 

emissions offsets and demonstrate that a 

net air quality benefit will be achieved. 

Under ODEQ’s rules, however, only 

Federal major sources in nonattainment 

areas must evaluate alternative sites, 

sizes, production process and 

environmental control techniques and 

demonstrate that the benefits of the 

proposed source or modification will 

significantly outweigh the 

environmental and social costs (see

section 173(a)(5) of the Act). Similarly, 

only Federal major sources must 

demonstrate that all major sources 

owned or operated with Oregon are in 

compliance or on a compliance 

schedule (see section 173(a)(3) of the 

Act). Finally, only Federal major 

sources must comply with the 

requirements for visibility protection 

(see 40 CFR 51.307(b)(2) and (c)). 

The rule also includes a special 

exemption for the Salem ozone 

nonattainment area which exempts new 

major sources and major modifications 

from the offset requirement. The Salem 

ozone nonattainment area is considered 

to be a rural ozone nonattainment area 

under EPA’s policy in effect in 1978 

when the area was designated 

nonattainment. 

Finally, the revisions to the definition 

of significant emission rate changed the 

size threshold for major sources in the 

Klamath Falls Urban Growth Area and 

the Lakeview PM–10 Nonattainment 

Area. EPA is approving these revisions 

because they only affect future 

permitting and the revised major source 

size thresholds are still lower than the 

Federal major source size thresholds. 

b. Maintenance Area NSR

The ODEQ rules also include 

provisions for new major sources and 

major modifications in maintenance 

areas (areas that were designated 

nonattainment for particulate matter, 

carbon monoxide, or ozone, but have 

been redesignated to attainment). This 

provision essentially merges several of 

the concepts of PSD and nonattainment 

area NSR for use in maintenance areas. 

All new major sources and major 

modifications must apply the Best 

Available Control Technology (BACT) 

for the maintenance pollutant. The 

scheme for the application of BACT is 

similar to the scheme for the application 

of LAER in nonattainment areas with 

respect to retroactive application of 

BACT to emission units that have 

already been constructed or modified. 

All new major sources and major 

modifications must either obtain 

emission offsets and provide for a net 

air quality benefit, or must obtain an 

allocation of the growth allowance (for 

carbon monoxide or ozone areas only) 

established in the approved 

maintenance plan (if one was 

established). However, a carbon 

monoxide major source which 

demonstrates that it would have an 

insignificant impact at all locations is 

exempt from the requirement to obtain 

offsets or a growth allowance allocation. 

Similarly, a PM–10 major source is 

exempt from the requirement to obtain 

offsets if it demonstrates that it would 

not cause or contribute to a cumulative 

air quality impact greater than certain 

ambient ceilings specified in the rules. 

Importantly, the rules require all 

Federal major sources to comply with 

the PSD requirements in addition to the 

maintenance area provisions. 

The maintenance area provisions also 

include a contingency plan component. 

If the contingency plan in an applicable 

maintenance plan is implemented due 

to a violation of an ambient air quality 

standard, the requirements of the 

maintenance area NSR program become 

more stringent until a revised 

maintenance plan is approved by EPA. 

Instead of BACT, new major sources and 

major modifications are required to 

apply LAER; growth allowances may no 

longer be used to meet the offset 

requirement; and the exemption for 

carbon monoxide sources would no 

longer apply. Finally, the rule clarifies 

that the nonattainment area provisions 

continue to apply in areas with pending 

redesignation requests until the area is 

formally redesignated to attainment by 

EPA. 

c. Attainment Area PSD/NSR 

The ODEQ rules include provisions 

for new major sources and major 

modifications in attainment and 

unclassifiable areas. However, these 

provisions are applicable only to 

‘‘Federal major sources’’ as that term is 

defined in the ODEQ rules. The 

definition of ‘‘Federal major sources’’ is 

essentially the same as the EPA 

definition of major stationary source in 

40 CFR 51.166(a)(1) (the PSD definition) 

with one significant difference. Because 

the ODEQ rules specifically require that 

fugitive emissions be counted in 

determining major source status for all 

sources, the ODEQ PSD rules will 

potentially require more sources to be 

subject to PSD than required by EPA’s 

rules. 

Note that the provisions applicable to 

new major sources and major 

modifications that are not Federal major 

sources are found in the provisions for 

standard ACDP’s and PSEL’s. All new 

major stationary sources and major 

modifications need to obtain an ACDP 

and comply with the applicable 

requirements of those Divisions. For 

ODEQ major sources located in 

attainment or unclassifiable areas, the 

ACDP and PSEL rules require that the 

owner or operator demonstrate that the 

new source or modification would not 

cause or contribute to a violation of the 

ambient standards and applicable PSD 

increments.

New major sources and major 

modifications must apply BACT for 

each pollutant emitted in significant 

amounts. The scheme for the 

application of BACT is similar to the 

scheme for the application of LAER in 

nonattainment areas with respect to 

retroactive application of BACT to

Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 2899

emission units that have already been 

constructed or modified. New major 

sources and major modifications must 

also provide an analysis of air quality 

impacts, including ambient air quality 

monitoring, in accordance with the 

requirements of Division 225 (see

section III.C.10 below). New major 

sources and major modifications that 

significantly impact a PM–10 

maintenance area must also meet the 

requirements of OAR 340–224–0060(2) 

Air Quality Protection. Finally, the rules 

include provisions for temporary and 

portable major sources, and for 

temporary construction related 

emissions. The rules also clarify how 

fugitive emissions and secondary 

emissions are counted for applicability 

purposes and for inclusion in ambient 

impact analyses. 

The current SIP-approved rules 

exempt new major sources and major 

modifications that are not Federal major 

sources from the requirements of BACT, 

pre-application and post-construction 

air quality monitoring, and the 

additional impacts analysis. This 

exemption was only available if the 

source demonstrated that it did not 

cause or contribute to any violation of 

a NAAQS or PSD increment. The 

current SIP-approved rules did not 

exempt any new major source or major 

modification from the Class I area 

provisions of the rules. The revised 

rules exempt new major sources and 

major modifications that are not Federal 

major sources from all of the PSD 

requirements, including the Class I area 

provisions. Furthermore, the revised 

rules do not include the eligibility 

criteria regarding violations of the 

NAAQS and PSD increments. Although 

these changes will have the effect of 

relaxing the ODEQ major source NSR 

rule, EPA believes that they are 

approvable. First, a State is not required 

to apply PSD requirements to sources 

which are not Federal major sources. 

Second, ODEQ’s permit to construct 

program for non-Federal major sources 

still complies with EPA’s requirements 

in 40 CFR 51.160 through 51.164 and 

ensures that new and modified major 

sources will not cause or contribute to 

violations of any NAAQS. 

d. State-Federal Relationship in New 

Source Review 

In approving the Oregon new source 

review rules, EPA recognizes that it has 

a responsibility to insure that all States 

properly implement their 

preconstruction permitting programs. 

EPA’s approval of the Oregon new 

source review rules does not divest EPA 

of the duty to continue appropriate 

oversight to insure that permits issued 

by Oregon are consistent with the 

requirements of the Act, EPA 

regulations, and the SIP. EPA’s 

authority to oversee permit program 

implementation is set forth in sections 

113, 167, and 505(b) of the Act. For 

example, section 167 provides that EPA 

shall issue administrative orders, 

initiate civil actions, or take whatever 

other enforcement action may be 

necessary to prevent construction of a 

major stationary source that does not 

‘‘conform to the requirements of’’ the 

PSD program. Similarly, section 

113(a)(5) of the CAA provides for 

administrative orders and civil actions 

whenever EPA finds that a State ‘‘is not 

acting in compliance with’’ any 

requirement or prohibition of the CAA 

regarding construction of new or 

modified sources. Likewise, section 

113(a)(1) provides for a range of 

enforcement remedies whenever EPA 

finds that a person is in violation of an 

applicable implementation plan. 

Enactment of title V of the CAA and 

the EPA objection opportunity provided 

therein has added new tools for 

addressing deficient new source review 

decisions by States. Section 505(b) 

requires EPA to object to the issuance of 

a permit issued pursuant to title V 

whenever the Administrator finds 

during the applicable review period, 

either on her own initiative or in 

response to a citizen petition, that the 

permit is ‘‘not in compliance with the 

requirements of an applicable 

requirement of this Act, including the 

requirements of an applicable 

implementation plan.’’

Regardless of whether EPA addresses 

deficient permits using objection 

authorities or enforcement authorities or 

both, EPA cannot intervene unless the 

State decision fails to comply with 

applicable requirements. In determining 

whether a title V permit incorporating 

PSD or part D NSR provisions calls for 

EPA objection under section 505(b) or 

use of enforcement authorities under 

sections 113 and 167, EPA will consider 

whether the applicable substantive and 

procedural requirements for public 

review and development of supporting 

documentation were followed. In 

particular, EPA will review the process 

followed by the permitting authority in 

determining BACT or LAER, assessing 

air quality impacts, meeting Class I area 

requirements, and other PSD or Part D 

requirements, to ensure that the 

required SIP procedures (including 

public participation and Federal Land 

Manager consultation opportunities) 

were met. EPA will also review whether 

any determination by the permitting 

authority was made on reasonable 

grounds properly supported on the 

record, described in enforceable terms, 

and consistent with all applicable 

requirements. Finally, EPA will review 

whether the terms of the PSD or Part D 

NSR permit were properly incorporated 

into the title V operating permit. 

10. Division 225, Air Quality Analysis 

Requirements 

This new Division contains all of the 

modeling, monitoring, impact analysis, 

and net air quality benefit requirements 

that are necessary to ensure ambient air 

quality requirements are met in the 

permitting process. These requirements 

were previously located in Division 224. 

The Division also includes new 

provisions which specify the technical 

information and processes to be used in 

air quality impact analyses. 

The Division includes sections that: 

(1) Specify the information required to 

be submitted in permit applications; (2) 

require compliance with EPA’s 

Guidelines on Air Quality Models (40 

CFR part 51, appendix W); (3) establish 

requirements for demonstrating 

compliance with the ambient air quality 

ceilings, standards and increments in 

maintenance areas; (4) establish the 

requirements for demonstrating 

compliance with standards and 

increments in Class II and Class III 

areas, including the requirements for 

pre-application and post-construction 

monitoring; (5) establish requirements 

for demonstrating compliance with 

standards and increments in Class I 

areas; (6) establish requirements for 

demonstration compliance with air 

quality related values (including 

visibility) protection; and (7) establish 

the requirements for demonstrating that 

offsets provide for a net air quality 

benefit. 

The provisions for air quality impact 

analyses for Class I, Class II, and Class 

III areas comply with EPA’s 

requirements for SIP PSD programs (40 

CFR 51.166) for air quality impact 

analyses and with EPA’s requirements 

for visibility protection (40 CFR 51.307). 

The provisions for Class I areas and the 

provisions for protection of air quality 

related values (including visibility) also 

conform to the Federal Land Manager 

recommendations in the FLAG Report. 

Importantly, the provisions for Class I 

areas include PSD Class I Significant 

Impact levels that are the same as those 

EPA has proposed for 40 CFR 51.166 

and 52.21 (61 FR 38250, July 23, 1996). 

EPA is therefore approving these 

provisions, including the Class I area 

significant impact levels, as a revision to 

the Oregon permitting program.

The provisions for demonstrating net 

air quality benefit comply with the CAA 

and EPA’s requirements for emission

2900 Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 

offsets (section 173 of the Act, 40 CFR 

51.165(a) and 40 CFR part 51, appendix 

S (Emission Offset Interpretative 

Ruling)). EPA is therefore approving 

these provisions as complying with part 

D of title 1 of the Act. 

Note that EPA is approving both the 

permanent versions of sections 225–

0020(10) and 225–0090(1)(c) and the 

temporary versions of these provisions 

for the time period they are in effect. 

11. Division 226, General Emission 

Standards 

This Division contains emission 

standards and requirements of general 

applicability, including requirements 

for highest and best practicable 

treatment and control (section 0100), 

pollution prevention (section 0110), 

operating and maintenance (section 

0120), and typically achievable control 

technology (section 0130). This Division 

also includes authority for ODEQ to 

impose additional requirements on a 

permit-by-permit basis (section 0140) 

and to approve alternative emission 

controls (bubbles) (section 0400). 

Finally, this Division includes the 

statewide particulate emission limits for 

process equipment and other sources 

(except for fuel or refuse burning 

equipment). 

The Division was amended by 

revising the provisions for alternative 

emission controls (bubbles) to comply 

with EPA’s Final Emissions Trading 

Policy Statement for generic bubble 

rules (51 FR 43814, December 4, 1986). 

Oregon’s previous rules had been 

approved as meeting EPA’s 

requirements for generic bubble rules 

under the April 7, 1982, Emission 

Trading Policy Statement (47 FR 15076). 

In order to address the requirement for 

replicable procedures, the rule has been 

revised to exclude trades involving 

pollutants other than ozone precursors 

from the generic bubble approach. As 

such, bubbles involving ozone 

precursors (VOC and NOX) can still be 

done without case-by-case SIP revisions, 

but bubbles for all other pollutants will 

need to be submitted to, and approved 

by, EPA before they become the 

applicable requirements of the Oregon 

SIP. 

Note that EPA is approving section 

0140 (authority to impose additional 

requirements on a permit-by-permit 

basis) because any requirement 

established under this provision would 

be in addition to existing requirements 

and could not change any existing 

requirement. However, ODEQ would 

still need to submit requirements 

established under this provision for 

inclusion in the SIP if such 

requirements are necessary to comply 

with any specific provision of the CAA 

or EPA regulations. 

12. Division 268, Emission Reduction 

Credits 

This Division contains ODEQ’s 

procedures for generating, banking, and 

using emission reduction credits 

(ERC’s). The Division was revised to 

simplify the program, make it consistent 

with changes to ODEQ’s Plant Site 

Emission Limit rule (specifically the 

treatment of unassigned emissions), and 

to ensure emission reduction credits 

conform to the requirements of the CAA 

and EPA regulations. The authority to 

issue an ERC permit to sources which 

are not otherwise required to have an 

Air Contaminant Discharge Permit or 

title V operating permit was also 

established. Finally, the provisions for 

‘‘Baseline for Determining Credit for 

Offsets’’ (section 0040) were repealed 

and replaced by provisions in section 

0030. 

The provisions for creating emission 

reduction credits are also used for 

establishing creditable emission 

reductions in netting and offset 

transactions. As such, these rules must 

conform with the requirements of the 

CAA and EPA regulations for part D 

NSR and PSD for creditable emission 

reductions (including 40 CFR 

51.165(a)(1)(vi), 51.165(a)(3), 

51.166(b)(3) of EPA’s regulations and 

sections 173(a)(1) and 173(c) of the Act). 

The rules require that any emission 

reduction credit be created through 

permanent reductions in current actual 

emissions, be enforceable by ODEQ, and 

be surplus. Emission reductions 

necessary to comply with any 

applicable emission limits are not 

creditable. Note that the requirement for 

offsets to be Federally enforceable at the 

time of permit issuance is included in 

Division 225. 

The rules establish the process for 

banking emission reduction credits and 

using banked emission reduction 

credits. The rules also establish the 

requirements for unused banked credits, 

returning them to the source as 

unassigned PSEL and then reducing 

them through the process set forth in the 

PSEL rules. These banking provisions 

comply with EPA’s requirements for SIP 

emission reduction credit banking 

programs as set forth in the Final 

Emissions Trading Policy Statement (51 

FR 43814, December 4, 1986). 

IV. Letter Notice Approval—Repeal of 

Rule for Parking Offsets in the Portland 

Central Business District 

Pursuant to procedures described in 

the January 19, 1989, Federal Register

that describes changes being 

implemented in the way State 

implementation plans are processed at 

EPA, we approved a minor SIP revision 

submitted by ODEQ on December 15, 

1998, in a letter approval dated October 

21, 1999. The SIP submittal repealed 

provisions relating to parking offsets in 

the Portland Central Business District, 

specifically, OAR 340–020–0400, 340–

020–0405, 340–020–0410, 340–020–

0420, and 340–020–0430. Due to the 

minor nature of this revision, we 

concluded that conducting notice-andcomment rulemaking prior to approving 

this revision would have been 

‘‘unnecessary and contrary to the public 

interest’’, and therefore, was not 

required by the Administrative 

Procedure Act, 5 U.S.C. 553(b). In 

accordance with EPA guidance on letter 

approvals, EPA is publishing notice of 

the letter approval in this action. A copy 

of the letter approval is in the docket. 

Approval of this SIP action became final 

and effective on October 21, 1999, the 

date of the EPA letter approval. 

V. Statutory Authority 

Oregon Revised Statutes (ORS) 468 

and 468A provide ODEQ the basic legal 

authority to carry out the provisions of 

the State Implementation Plan. EPA has 

reviewed the 2001 edition of the Oregon 

statutes and believes the Oregon statutes 

continue to provide ODEQ with 

adequate legal authority to carry out the 

Oregon SIP as set forth in sections 110 

and 114 of the CAA and its 

implementing regulations, in particular 

40 CFR 51.230. EPA is not incorporating 

ORS 468 and 468A by reference as part 

of the Oregon SIP, however, to avoid 

potential conflict with EPA’s 

independent authorities. 

Several provisions of these Oregon 

statutes merit further discussion. First, 

during the 2001 Legislative Session, the 

Oregon Legislature passed House Bill 

3536, which amended Oregon’s Audit 

Privilege Act, ORS 468.963, to ensure 

that the Audit Privilege Law does not 

apply to criminal investigations or 

proceedings. This change resolved 

concerns previously identified by EPA. 

Second, during the 1997 Legislative 

Session, the Oregon Legislature enacted 

a ‘‘Green Permits’’ program. The 

program is designed to use regulatory 

incentives to achieve better 

environmental results than otherwise 

required by law. Although the law states 

that any requirement under 

environmental laws that is contrary to 

the provisions of a Green Permit shall 

not apply to a facility operating under 

a Green Permit, this provision does not 

apply in the case of Federal 

environmental requirements. EPA, 

ODEQ and Lane Regional Air Pollution

Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 2901

1 ‘‘Indian country’’ is defined under 18 U.S.C. 

1151 as: (1) All land within the limits of any Indian 

reservation under the jurisdiction of the United 

States Government, notwithstanding the issuance of 

any patent, and including rights-of-way running 

through the reservation, (2) all dependent Indian 

communities within the borders of the United 

States, whether within the original or subsequently 

acquired territory thereof, and whether within or 

without the limits of a State, and (3) all Indian 

allotments, the Indian titles to which have not been 

extinguished, including rights-of-way running 

through the same. Under this definition, EPA treats 

as reservations trust lands validly set aside for the 

use of a Tribe even if the trust lands have not been 

formally designated as a reservation.

Authority entered into a memorandum 

of Agreement dated June 1, 2000, to 

guide the implementation of Oregon’s 

Green Permits program. The MOA states 

that implementation of the MOA will be 

conducted in a manner consistent with 

ODEQ’s responsibilities under its 

approved, authorized or delegated 

programs. Therefore, Green Permits 

cannot be used to change SIP 

requirements unless the change is 

submitted as a SIP revision. 

Third, ORS 468.126, which remains 

unchanged since EPA last approved 

Oregon’s SIP, 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 five-day 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. 

Fourth, ORS 468A.330, which also is 

unchanged since EPA last approved the 

Oregon SIP, sets up a technical 

assistance program for compliance with 

air regulations and states that technical 

assistance visits cannot result in 

inspections or enforcement actions. EPA 

has previously determined that this 

statute did not pose a bar to approval of 

Oregon’s air programs based on EPA’s 

August 12, 1994, guidance document 

entitled ‘‘Enforcement Response Policy 

for Treatment of Information Obtained 

Through the Clean Air Act Section 507 

Small Business Assistance Program’’

because Oregon operates its air 

technical assistance program completely 

separate from its air enforcement 

program. See 60 FR 50106, 50107 

(September 28, 1995).

Finally, ORS 468A.075, which is also 

unchanged since EPA last approved 

Oregon’s SIP, authorizes the Oregon 

Environmental Quality Commission to 

grant variances from air contamination 

rules and standards. Section 110(i) of 

the CAA specifically precludes States 

from changing the requirements of the 

SIP except through SIP revisions 

approved by EPA. SIP revisions will be 

approved by EPA only if they meet all 

requirements of section 110 of the CAA 

and the implementing regulations at 40 

CFR part 51. See CAA section 110(l); 40 

CFR 51.104. Moreover, 40 CFR 

51.104(d) specifically states that in 

order for a variance to be considered for 

approval as a SIP revision, the State 

must submit it in accordance with the 

requirements of 40 CFR 51.104. 

Therefore, if Oregon grants a sourcespecific variance to a State air 

regulation, which regulation has been 

approved as part of the Oregon SIP, EPA 

is not precluded from enforcing the 

Federally-approved SIP limit against the 

source. The granting of a variance by 

Oregon to a SIP requirement does not 

change the Federally-enforceable SIP 

requirement for that source unless and 

until the variance has been approved by 

EPA as a source-specific SIP revision. 

VI. Scope of EPA Approval 

Oregon has not demonstrated 

authority to implement and enforce the 

Oregon Administrative Rules within 

‘‘Indian Country’’ as defined in 18 

U.S.C. 1151.1 Therefore, this SIP 

approval does not extend to ‘‘Indian 

Country’’ in Oregon. See CAA sections 

110(a)(2)(A) (SIP shall include 

enforceable emission limits), 

110(a)(2)(E)(i) (State must have adequate 

authority under State law to carry out 

SIP), and 172(c)(6) (nonattainment SIPs 

shall include enforceable emission 

limits). This is consistent with EPA’s 

previous approval of Oregon’s PSD 

program, in which EPA specifically 

disapproved the program for sources 

within Indian Reservations in Oregon 

because the State had not shown it had 

authority to regulate such sources. See

40 CFR 52.1987(c). It is also consistent 

with EPA’s approval of Oregon’s title V 

operating permits program. See 59 FR 

61820, 61827 (December 2, 1994) 

(interim approval does not extend to 

Indian Country); 60 FR 50106, 50106 

(September 28, 1995) (full approval does 

not extend to Indian Country).

VII. Summary of Action 

A. EPA Is IBRing the Following New 

Divisions Into the SIP

200 (General Air Pollution Procedures and 

Definitions), except sections 0020(58), 

0040, 0050, 100, 110, and 120 

202 (Ambient Air Quality Standards and 

PSD Increments), except section 0110 

204 (Designation of Air Quality Areas) 

206 (Air Pollution Emergencies) 

209 (Public Participation) 

210 (Stationary Source Notification 

Requirements) 

212 (Stationary Source Testing and 

Monitoring) 

214 (Stationary Source Reporting 

Requirements), except sections 0300, 

0310, 0320, 0330, 0340, 0350, and 0360 

216 (Air Contaminant Discharge Permits) 

222 (Stationary Source Plant Site Emission 

Limits), except section 0060 

224 (Major New Source Review) 

225 (Air Quality Analysis Requirements) 

226 (General Emission Standards) 

228 (Requirements for Fuel Burning 

Equipment and Fuel Sulfur Content) 

232 (Emission Standards for VOC Point 

Sources) 

234 (Emission Standards for Wood Products 

Industries), excluding references to 

TRS—subsections 0010(25), 0010(28)(a), 

0010(46), 0210(1), 0240(2), 0250(1), 

250(2), 260(3)(a)(A), 260(3)(b)(A), 310(1), 

320(2), 340(2), 350(1), and 360(3)(a)(A). 

236 (Emission Standards for Specific 

Industries), excluding references to 

Fluorides—subsections 0120(1)(a), 

0120(3)(a), 0120(3)(e), 0140(1) (the words 

‘‘gaseous and particulate fluorides and’’), 

0140(1)(b), 0140(1)(c) (the sentence ‘‘A 

schedule for measurement of fluoride 

levels in forage for new plants and 

ambient air for new and existing plants 

shall be submitted.’’), 0140(3) (the words 

‘‘and Method 13A or 13B and Method 14 

or Method 14A for fluorides or other 

alternative method in 40 CFR 63.849), 

0150(1)(d) and 0150(1)(e). 

240 (Rules for Areas with Unique Air 

Quality Needs) 

242 (Rules Applicable to the Portland Area) 

250 (General Conformity), except section 

0110 

252 (Transportation Conformity), except 

subsections 0020(3), 0050(4), 0050(5)(b), 

0100(3), 0100(4), 0100(5), 0100(6), 

0190(5), 0200(6)(c), 0210(1)(b), 

0220(1)(a), 0220(2), and 0250(2).

258 (Motor Vehicle Fuel Specifications) 

262 (Residential Woodheating), except 

section 0050 

266 (Field Burning Rules (Willamette 

Valley)) 

268 (Emission Reduction Credits) 

B: EPA Is Approving, but Not IBRing, the 

Following New Divisions Into the SIP 

12 (Enforcement Procedure and Civil 

Penalties) 

200–0100, 0110, and 0120 (Conflicts of 

Interest) 

262–0050 (Residential Woodheating—Civil 

Penalties) 

C: EPA Is Taking No Action on the Following 

Divisions 

14 (Procedures for Issuance, Denial, 

Modification, and Revocation of Green 

Permits) 

200–0020(58) (Definition of Immediately) 

200–0040 (State of Oregon Clean Air Act 

Implementation Plan) 

200–0050 (Compliance Schedules) 

202–0110 (Particle Fallout)

2902 Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 

208 (Visible Emissions and Nuisance 

Requirements) 

214–0300 through 0360 (Excess Emissions 

and Emergency Provision) 

218 (Oregon Title V Operating Permits) 

222–0060 (Plant Site Emission Limits for 

Sources of Hazardous Air Pollutants) 

234 (Emission Standards for Wood Products 

Industries), references to TRS—

subsections 0010(25), 0010(28)(a), 

0010(46), 0210(1), 0240(2), 0250(1), 

250(2), 260(3)(a)(A), 260(3)(b)(A), 310(1), 

320(2), 340(2), 350(1), and 360(3)(a)(A). 

236 (Emission Standards for Specific 

Industries), references to Fluorides and 

Part 63—subsections 0120(1)(a), 

0120(3)(a), 0120(3)(e), 0140(1) (the words 

‘‘gaseous and particulate fluorides and’’), 

0140(1)(b), 0140(1)(c) (the sentence ‘‘A 

schedule for measurement of fluoride 

levels in forage for new plants and 

ambient air for new and existing plants 

shall be submitted.’’), 0140(3) (the words 

‘‘and Method 13A or 13B and Method 14 

or Method 14A for fluorides or other 

alternative method in 40 CFR 63.849), 

0150(1)(d) and 0150(1)(e). 

250–0110 (General Conformity Savings 

Provision) 

252 (Transportation Conformity), 

subsections 0020(3), 0050(4), 0050(5)(b), 

0100(3), 0100(4), 0100(5), 0100(6), 

0190(5), 0200(6)(c), 0210(1)(b), 

0220(1)(a), 0220(2), and 0250(2). 

256 (Motor Vehicles) 

264 (Rules for Open Burning) 

D: EPA Is Removing the Following Old 

Divisions From the Current IBR’d SIP 

Because They Are Replaced by the Rules in 

Section A Above 

12 14 (Procedures for Issuance, Denial, 

Modification, and Revocation of Permits) 

20 (Air Pollution Control) 

21 (General Emission Standards for 

Particulate Matter), except for 21–015 

Visible Air Contaminant Limitations), 

21–050, 21–055, and 21–060 (Fugitive 

Emissions), and 21–200, 21–205, 21–210, 

21–215, 21–220, 21–225, 21–230, 21–

235, 21–240, and 21–245 (Industrial 

Contingency Requirements for PM–10 

Nonattainment Areas)

22 (General Gaseous Emissions) 

25 (Specific Industrial Standards 

Construction and Operation of Wigwam 

Waste Burners) 

26 (Rules for Open Field Burning 

(Willamette Valley)) 

27 (Air Pollution Emergencies) 

28 (Stationary Source Air Pollution Control 

and Permitting Procedures), except for 

28–1400, 28–1410, 28–1420, 28–1430, 

28–1440, and 28–1450 (Excess Emissions 

and Emergency Provision) 

30 (Specific Air Pollution Control Rules for 

the Medford-Ashland Air Quality 

Maintenance Area) 

31 (Ambient Air Quality Standards) 

34 (Residential Wood Heating)

EPA is publishing this rule without 

prior proposal because the Agency 

believes this is a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective March 24, 2003, 

without further notice unless the 

Agency receives adverse comments by 

February 21, 2003. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. There will not be a 

second comment period; therefore, any 

party interested in commenting should 

do so at this time. If no such comments 

are received, this rule will be effective 

on March 24, 2003, and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

VIII. Regulatory Assessment 

Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

State law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

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

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United

Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 2903

States Court of Appeals for the 

appropriate circuit by March 24, 2003. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).)

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds.

Dated: December 17, 2002. 

L. John Iani, 

Regional Administrator, Region 10.

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows:

PART 52—[AMENDED] 

1. The authority citation for part 52 

continues to read as follows:

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

Subpart MM—Oregon 

2. Section 52.1970 is amended by 

adding paragraphs (c) (138) and (c)(139) 

to read as follows:

§ 52.1970 Identification of plan.

* * * * *

(c) * * *

(138) On December 15, 1998, the 

Director of the Oregon Department of 

Environmental Quality submitted a SIP 

revision to repeal the rule for parking 

offsets in the Portland Central Business 

District, as state effective September 23, 

1998. 

(i) Incorporation by reference. 

(A) Remove the following provisions 

from the current incorporation by 

reference: OAR 340–020–0400, 340–

020–0405, 340–020–0410, 340–020–

0420, and 340–020–0430. (139) On 

November 5, 1999, March 7, 2000, June 

26, 2001, and November 4, 2002, the 

Oregon Department of Environmental 

Quality submitted numerous 

amendments to the Oregon 

Administrative Rules as revisions to the 

Oregon State implementation plan. The 

revisions included a rule recodification, 

a marine vapor loading rule, and 

permitting rules. 

(i) Incorporation by reference.

(A) The following sections of Oregon 

Administrative Rule 340: 200–0030, 

202–0200, 204–0010, 204–0020, 204–

0050, 204–0060, 204–0070, 204–0080, 

206-0010, 206–0020, 206–0030, 206–

0040, 206–0050, 206–0060, 206–0070, 

210–0010, 210–0020, 212–0010, 212–

0110, 214–0100, 214–0120, 222–0030, 

224–0020, 226-0200, 228–0010, 228–

0020, 228–0100, 228–0110, 228–0120, 

228–0130, 228–0200, 228–0210, 232–

0010, 232–0020, 232–0040, 232–0050, 

232–0060, 232–0070, 232-0080, 232–

0085, 232–0090, 232–0100, 232–0120, 

232–0130, 232–0140, 232–0150, 232–

0160, 232–0170, 232–0180, 232–0190, 

232–0200, 232–0210, 232–0220, 232-

0230, 232–0240, 234–0010 (except 

paragraphs (25), (28)(a) & (46)), 234-

0100, 234–0110, 234–0120, 234–0130, 

234–0140, 234–0200, 234–0210 (except 

paragraph (1)), 234–0220, 234–0230, 

234–0240 (except paragraph (2)), 234-

0250 (except pargraphs (1) & (2)), 234–

0260 (except paragraphs (3)(a)(A) & 

(3)(b)(A)), 234–0270, 234–0300, 234–

0310 (except paragraph (1)), 234–0320 

(except paragraph (2)), 234–0330, 234–

0340 (except paragraph (2)), 234–0350 

(except paragraph (1)), 234–0360 (except 

paragraph (3)(a)(A)), 234–0400, 234–

0410, 234–0420, 234–0430, 234–0500, 

234–0510, 234–0520, 234–0530, 236–

0010, 236–0100, 236–0110, 236–0120 

(except paragraphs (1)(a), (3)(a), & 

(3)(e)), 236–0130, 236–0140 (except the 

words ‘‘gaseous and particulate 

fluorides and’’ in paragraph (1), 

paragraph (1)(b), the sentence ‘‘A 

schedule for measurement of fluoride 

levels in forage for new plants and 

ambient air for new and existing plants 

shall be submitted.’’ in paragraph (1)(c), 

the words ‘‘and Method 13A or 13B and 

Method 14 or Method 14A for fluorides 

or other alternative method in 40 CFR 

63.849’’ in paragraph (3)), 236–0150 

(except paragraphs (1)(d) and (1)(e)), 

236–0200, 236–0210, 236–0220, 236–

0230, 236–0400, 236–0410, 236–0420, 

236–0430, 236–0440, 240–0010, 240–

0100, 240–0300, 242–0010, 242–0020, 

242–0030, 242–0040, 242–0050, 242–

0060, 242–0070, 242–0080, 242–0090, 

242–0100, 242–0110, 242–0120, 242–

0130, 242–0140, 242–0150, 242–0160, 

242–0170, 242–0180, 242–0190, 242–

0200, 242–0210, 242–0220, 242–0230, 

242–0240, 242–0250, 242–0260, 242–

0270, 242–0280, 242–0290, 242–0300, 

242–0310, 242–0320, 242–0330, 242–

0340, 242–0350, 242–0360, 242–0370, 

242–0380, 242–0390, 242–0400, 242–

0410, 242–0420, 242–0430, 242–0440, 

242–0500, 242–0510, 242–0520, 242–

0600, 242–0610, 242–0620, 242–0630, 

242–0700, 242–0710, 242–0720, 242–

0730, 242–0740, 242–0750, 242–0760, 

242–0770, 242–0780, 242–0790, 250–

0010, 250–0020, 250–0030, 250–0040, 

250–0050, 250–0060, 250–0070, 250–

0080, 250–0090, 250–0100, 252–0010, 

252–0020 (except paragraph (3)), 252–

0030, 252–0040, 252–0050 (except 

paragraphs (4) & (5)(b)), 252–0060, 252–

0070, 252–0080, 252–0090, 252–0100 

(except paragraphs (3) through (6)), 252–

0110, 252–0120, 252–0130, 252–0140, 

252-0150, 252–0160, 252–0170, 252–

0180, 252–0190 (except paragraph (5)), 

252-0200 (except paragraph (6)(c)), 252–

0210 (except paragraph (1)(b)), 252-0220 

(except paragraphs (1)(a) & (2)), 252–

0230, 252–0240, 252–0250 (except 

paragraph (2)), 252–0260, 252–0270, 

252–0280, 252–0290, 258–0010, 258–

0100, 258–0110, 258–0120, 258–0130, 

258–0140, 258–0150, 258–0160, 258–

0170, 258–0180, 258–0190, 258–0200, 

258–0210, 258–0220, 258–0230, 258–

0240, 258–0250, 258–0260, 258–0270, 

258–0280, 258–0290, 258–0300, 258–

0310, 258–0400, 262-0010, 262–0020, 

262–0030, 262–0040, 262–0100, 262–

0110, 262–0120, 262–0130, 262–0200, 

262–0210, 262–0220, 262–0230, 262–

0240, 262–0250, 262–0300, 262–0310, 

262–0320, 262–0330, 266–0010, 266–

0020, 266–0030, 266–0040, 266–0050, 

266–0060, 266–0070, 266–0080, 266–

0090, 266–0100, 266–0110, 266–0120, 

266–0130, and 268–0020, as effective 

October 14, 1999; 204–0040, as effective 

October 25, 2000; 204–0090, as effective 

March 27, 2001; 232–0030 and 232-0110 

as effective June 1, 2001; 200–0010, 

200–0020 (except paragraph(58)), 200–

0025, 202–0010, 202–0050, 202–0060, 

202–0070, 202–0080, 202–0090, 202–

0100, 202–0130, 202–0210, 202–0220, 

204–0030, 209–0010, 209–0020, 209–

0030, 209–0040, 209–0050, 209–0060, 

209–0070, 209–0080, 210–0100, 210–

0110, 210-0120, 210–0205, 210–0215, 

210–0225, 210–0230, 210–0240, 210–

0250, 212–0120, 212–0130, 212–0140, 

212–0150, 212–0200, 212–0210, 212–

0220, 212–0230, 212-0240, 212–0250, 

212–0260, 212–0270, 212–0280, 214–

0010, 214–0110, 214–0114, 214–0130, 

214–0200, 214–0210, 214–0220, 216–

0010, 216–0020, 216–0025, 216–0030, 

216–0040, 216–0052, 216–0054, 216–

0056, 216–0060, 216–0064, 216–0066, 

216–0070, 216–0082, 216–0084, 216–

0090, 216–0094, 222–0010, 222–0020, 

222–0040, 222–0042, 222–0043, 222–

0045, 222–0070, 222–0080, 222–0090, 

224–0010, 224–0030, 224–0040, 224–

0050, 224–0080, 224–0100, 225–0010, 

225–0020(10), 225–0030, 225–0040, 

225–0070, 225–0090(1)(c), 226–0010, 

226–0100, 226–0110, 226–0120, 226–

0130, 226–0140, 226–0210, 226–0300, 

226–0310, 226–0320, 226–0400, 240–

0020, 240–0030, 240–0110, 240–0120,

2904 Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 

240–0130, 240–0140, 240–0150, 240–

0160, 240–0170, 240–0180, 240–0190, 

240–0200, 240–0210, 240–0220, 240–

0230, 240–0240, 240–0250, 240–0270, 

240–0310, 240–0320, 240–0330, 240–

0340, 240–0350, 240–0360, 240–0400, 

240–0410, 240–0420, 240–0430, 240–

0440, 268–0010, and 268–0030, as 

effective July 1, 2001; 222–0041, 224–

0060, 224–0070, 225–0020 (except 

paragraph (10)), 225–0045, 225–0050, 

225–0060, and 225–0090 (except 

paragraph (1)(c)), as effective October 8, 

2002; 225–0020(10) and 225–0090(1)(c), 

as effective October 8, 2002, through 

April 6, 2003. 

(B) Remove the following old 

divisions of Oregon Administrative Rule 

340 from the current incorporation by 

reference: 12, 14, 20, 21 (except for 

sections 21–015, 21–050, 21–055, 21–

060, 21–200, 21–205, 21–210, 21–215, 

21–220, 21–225, 21–230, 21–235, 21–

240, and 21–245), 22, 25, 26, 27, 28 

(except for 28–1400, 28–1410, 28–1420, 

28–1430, 28–1440, and 28–1450), 30, 

31, and 34. 

(ii) Additional Material: 

(A) The following sections of Oregon 

Administrative Rule 340: Division 12, 

200–0100, 200–0110, 200–0120, as 

effective July 1, 2001; and 262–0050, as 

effective October 14, 1999.

3. Section 52.1977 is amended by 

revising section 3.1 to read as follows:

§ 52.1977 Content of approved State 

submitted implementation plan.

* * * * *

3.1 Oregon Administrative Rules—

Chapter 340 Incorporation by 

Reference (March 24, 2003) 

Division 21—General Emission 

Standards for Particulate Matter 

21–015 Visible Air Contaminant 

Limitations (1/29/96) 

Fugitive Emissions 

21–050 Definitions (1/29/96) 

21–055 Applicability (3/10/93) 

21–060 Requirements (3/10/93) 

Industrial Contingency Requirements for 

PM–10 Nonattainment Areas 

21–200 Purpose (5/1/95) 

21–205 Relation to other Rules (3/10/

93) 

21–210 Applicability (3/10/93) 

21–215 Definitions (3/10/93) 

21–220 Compliance Schedule for 

Existing Sources (3/10/93) 

21–225 Wood-Waste Boilers (3/10/93) 

21–230 Wood Particulate Dryers at 

Particleboard Plants (3/10/93) 

21–235 Hardboard Manufacturing 

Plants (1/29/96) 

21–240 Air Conveying Systems (3/10/

93) 

21–245 Fugitive Emissions (3/10/93) 

Division 23—Rules for Open Burning 

23–022 How to Use these Open 

Burning Rules (3/10/93) 

23–025 Policy (3/10/93) 

23–030 Definitions (6/16/84, except 

for paragraph (15) is 3/10/93) 

23–035 Exemptions, Statewide (3/10/

93) 

23–040 General Requirements 

Statewide (3/10/93) 

23–042 General Prohibitions Statewide 

(3/10/93) 

23–043 Open Burning Schedule (3/10/

93) 

23–045 County Listing of Specific 

Open Burning Rules (3/10/93) 

Open Burning Prohibitions 

23–055 Baker, Clatsop, Crook, Curry, 

Deshutes, Gilliam, Grant, Harney, 

Hood River, Jefferson, Klamath, Lake, 

Lincoln, Malheur, Morrow, Sherman, 

Tillamook, Umatilla, Union, Wallowa, 

Wasco and Wheeler Counties (3/10/

93) 

23–060 Benton, Linn, Marion, Polk, 

and Yamhill Counties (3/10/93) 

23–065 Clackamas County (3/10/93) 

23–070 Multnomah County (3/10/93) 

23–075 Washington County (3/10/93) 

23–080 Columbia County (3/10/93) 

23–085 Lane County (3/10/93) 

23–090 Coos, Douglas, Jackson and 

Josephine Counties (3/10/93) 

23–100 Letter Permits (3/10/93) 

23–105 Forced Air Pit Incinerators (3/

10/93) 

23–110 Records and Reports (3/10/93) 

23–115 Open Burning Control Areas 

(3/10/93) 

Division 24—Motor Vehicles 

Pertaining to Motor Vehicles Inspection 

24–100 County Designations (11/26/

96) 

Motor Vehicle Emission Control 

Inspection Test Criteria, Methods and 

Standards

24–300 Scope (11/26/96) 

24–301 Boundary Designations (3/10/

93) 

24–305 Definitions (11/26/96) 

24–306 Government-Owned Vehicle, 

Permanent Fleet Vehicle and U.S. 

Government Vehicle Testing 

Requirements (11/26/96) 

24–307 Motor Vehicle Inspection 

Program Fee Schedule (11/26/96) 

24–308 Department of Defense 

Personnel Participating in the 

Privately Owned Vehicle Import 

Control Program (11/26/96) 

24–309 Light Duty Motor Vehicle and 

Heavy Duty Gasoline Motor Vehicle 

Emission Control Test Method for 

Basic Program (11/26/96) 

24–312 Light Duty Motor Vehicle 

Emission Control Test Method for 

Enhanced Program (11/26/96) 

24–314 Motorcycle Noise Emission 

Control Test Method, except all 

language in (4)(a) referring to a ‘‘sixth 

hill extrapolation’’ (11/26/96) 

24–318 Renew Registration for Light 

Duty Motor Vehicles and Heavy Duty 

Gasoline Motor Vehicles Temporarily 

Operating Outside of Oregon (11/26/

96) 

24–320 Light Duty Motor Vehicle 

Emission Control Test Criteria for 

Basic Program (11/26/96) 

24–325 Heavy Duty Gasoline Motor 

Vehicle Emission Control Test Criteria 

(11/26/96) 

24–330 Light Duty Motor Vehicle 

Emission Control Standards for Basic 

Program (11/26/96) 

24–332 Light Duty Motor Vehicle 

Emission Control Standards for 

Enhanced Program (11/26/96) 

24–335 Heavy-Duty Gasoline Motor 

Vehicle Emission Control Emission 

Standards (11/26/96) 

24–337 Motor Vehicle Propulsion 

Noise Standards (11/26/96) 

24–340 Criteria for Qualifications of 

Persons Eligible to Inspect Motor 

Vehicles and Motor Vehicle Pollution 

Control Systems and Execute 

Certificates (11/26/96) 

24–355 Gas Analytical System 

Licensing Criteria for Basic Program 

(11/26/96) 

24–357 Gas Analytical System Testing 

for Enhanced Program (11/26/96) 

24–360 Agreement with Independent 

Contractor; Qualifications of 

Contractor; Agreement Provisions (11/

26/96) 

Division 28—Stationary Source Air 

Pollution Control and Permitting 

Procedures 

Excess Emissions and Emergency 

Provision 

28–1400 Purpose and Applicability

(9/24/93) 

28–1410 Planned Startup and 

Shutdown (9/24/96) 

28–1420 Scheduled Maintenance

(11/4/93) 

28–1430 Upsets and Breakdowns

(9/24/96) 

28–1440 Reporting Requirements

(11/4/93) 

28–1450 Enforcement Action Criteria 

(9/24/93) 

Division 200—General Air Pollution 

Procedures and Definitions 

200–0010 Purpose and Application

(7/1/01)

200–0020 General Air Quality 

Definitions, except (58) (7/1/01)

Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 2905

200–0025 Abbreviations and 

Acronyms (7/1/01) 

200–0030 Exceptions (10/14/99) 

Division 202—Ambient Air Quality 

Standards and PSD Increments 

202–0010 Definitions (7/1/01) 

Ambient Air Quality Standards 

202–0050 Purpose and Scope of 

Ambient Air Quality Standards (7/1/

01) 

202–0060 Suspended Particulate 

Matter (7/1/01) 

202–0070 Sulfur Dioxide (7/1/01) 

202–0080 Carbon Monoxide (7/1/01) 

202–0090 Ozone (7/1/01) 

202–0100 Nitrogen Dioxide (7/1/01) 

202–0130 Ambient Air Quality 

Standard for Lead (7/1/01) 

Prevention of Significant Deterioration 

Increments 

202–0200 General (10/14/99) 

202–0210 Ambient Air Increments (7/

1/01) 

202–0220 Ambient Air Ceilings (7/1/

01) 

Division 204—Designation of Air 

Quality Areas 

204–0010 Definitions (10/14/99) 

204–0020 Designation of Air Quality 

Control Regions (10/14/99) 

204–0030 Designation of 

Nonattainment Areas (7/1/01) 

204–0040 Designation of Maintenance 

Areas (10/25/00) 

204–0050 Designation of Prevention of 

Significant Deterioration Areas (10/

14/99) 

204–0060 Redesignation of Prevention 

of Significant Deterioration Areas (10/

14/99) 

204–0070 Special Control Areas (10/

14/99) 

204–0080 Motor Vehicle Inspection 

Boundary Designations (10/14/99) 

204–0090 Oxygenated Gasoline 

Control Areas (3/27/01) 

Division 206—Air Pollution 

Emergencies 

206–0010 Introduction (10/14/99) 

206–0020 Definitions (10/14/99) 

206–0030 Episode Stage Criteria for 

Air Pollution Emergencies (10/14/99) 

206–0040 Special Conditions (10/14/

99) 

206–0050 Source Emission Reduction 

Plans (10/14/99) 

206–0060 Regional Air Pollution 

Authorities (10/14/99) 

206–0070 Operations Manual (10/14/

99) 

Division 209—Public Participation 

209–0010 Purpose (7/1/01) 

209–0020 Applicability (7/1/01) 

209–0030 Public Notice Categories and 

Timing (7/1/01) 

209–0040 Public Notice Information 

(7/1/01) 

209–0050 Public Notice Procedures (7/

1/01) 

209–0060 Persons Required to Be 

Notified (7/1/01) 

209–0070 Hearing and Meeting 

Procedures (7/1/01) 

209–0080 Issuance or Denial of a 

Permit (7/1/01) 

Division 210—Stationary Source 

Notification Requirements 

210–0010 Applicability (10/14/99) 

210–0020 Definitions (10/14/99) 

Registration 

210–0100 Registration in General (7/1/

01) 

210–0110 Registration Requirements 

(7/1/01)

210–0120 Re-Registration (7/1/01) 

Notice of Construction and Approval of 

Plans 

210–0205 Applicability (7/1/01) 

210–0215 Requirement (7/1/01) 

210–0225 Types of Construction/

Modification Changes (7/1/01) 

210–0230 Notice to Construct (7/1/01) 

210–0240 Construction Approval (7/1/

01) 

210–0250 Approval to Operate (7/1/

01) 

Division 212—Stationary Source 

Testing and Monitoring 

212–0010 Definitions (10/14/99) 

Sampling, Testing and Measurement 

212–0110 Applicability (10/14/99) 

212–0120 Program (7/1/01) 

212–0130 Stack Heights and 

Dispersion Techniques (7/1/01) 

212–0140 Methods (7/1/01) 

212–0150 Department Testing (7/1/01) 

Compliance Assurance Monitoring 

212–0200 Purpose and Applicability 

(7/1/01) 

212–0210 Monitoring Design Criteria 

(7/1/01) 

212–0220 Submittal Requirements (7/

1/01) 

212–0230 Deadlines for Submittals (7/

1/01) 

212–0240 Approval of Monitoring 

Plans (7/1/01) 

212–0250 Operation of Approved 

Monitoring (7/1/01) 

212–0260 Quality Improvement Plan 

(QIP) Requirements (7/1/01) 

212–0270 Reporting and 

Recordkeeping Requirements (7/1/01) 

212–0280 Savings Provisions (7/1/01) 

Division 214—Stationary Source 

Reporting Requirements 

214–0010 Definitions (7/1/01) 

Reporting 

214–0100 Applicability (10/14/99) 

214–0110 Request for Information (7/

1/01) 

214–0114 Records; Maintaining and 

Reporting (7/1/01) 

214–0120 Enforcement (10/14/99) 

214–0130 Information Exempt from 

Disclosure (7/1/01) 

Emission Statements for VOC and NOX

Sources 

214–0200 Purpose and Applicability 

(7/1/01) 

214–0210 Requirements (7/1/01) 

214–0220 Submission of Emission 

Statement (7/1/01) 

Division 216—Air Contaminant 

Discharge Permits 

216–0010 Purpose (7/1/01) 

216–0020 Applicability (7/1/01) 

216–0025 Types of Permits (7/1/01) 

216–0030 Definitions (7/1/01) 

216–0040 Application Requirements 

(7/1/01) 

216–0052 Construction ACDP (7/1/01) 

216–0054 Short Term Activity ACDPs 

(7/1/01) 

216–0056 Basic ACDPs (7/1/01) 

216–0060 General Air Contaminant 

Discharge Permits (7/1/01) 

216–0064 Simple ACDP (7/1/01) 

216–0066 Standard ACDPs (7/1/01) 

216–0070 Permitting Multiple Sources 

at a Single Adjacent or Contiguous 

Site (7/1/01)

216–0082 Termination or Revocation 

of an ACDP (7/1/01) 

216–0084 Department Initiated 

Modification (7/1/01) 

216–0090 Sources Subject to ACDPs 

and Fees (7/1/01) 

216–0094 Temporary Closure (7/1/01) 

Division 222—Stationary Source Plant 

Site Emission Limits 

222–0010 Policy (7/1/01) 

222–0020 Applicability (7/1/01) 

222–0030 Definitions (10/14/99) 

Criteria for Establishing Plant Site 

Emission Limits 

222–0040 Generic Annual PSEL (7/1/

01) 

222–0041 Source Specific Annual 

PSEL (10/8/02) 

222–0042 Short Term PSEL (7/1/01) 

222–0043 General Requirements for 

All PSEL (7/1/01) 

222–0045 Unassigned Emissions (7/1/

01) 

222–0070 Plant Site Emission Limits 

for Insignificant Activities (7/1/01) 

222–0080 Plant Site Emission Limit 

Compliance (7/1/01) 

222–0090 Combining and Splitting 

Sources (7/1/01)

2906 Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 

Division 224—Major New Source 

Review 

224–0010 Applicability and General 

Prohibitions (7/1/01) 

224–0020 Definitions (10/14/99) 

224–0030 Procedural Requirements (7/

1/01) 

224–0040 Review of New Sources and 

Modifications for Compliance with 

Regulations (7/1/01) 

224–0050 Requirements for Sources in 

Nonattainment Areas (7/1/01) 

224–0060 Requirements for Sources in 

Maintenance Areas (10/8/02) 

224–0070 Prevention of Significant 

Deterioration Requirements for 

Sources in Attainment or Unclassified 

Areas (10/8/02) 

224–0080 Exemptions (7/1/01) 

224–0100 Fugitive and Secondary 

Emissions (7/1/01) 

Division 225—Air Quality Analysis 

Requirements 

225–0010 Purpose (7/1/01) 

225–0020 Definitions (10/8/02 and 10/

8/02 thru 4/6/03) 

225–0030 Procedural Requirements (7/

1/01) 

225–0040 Air Quality Models (7/1/01) 

225–0045 Requirements for Analysis 

in Maintenance Areas (10/8/02) 

225–0050 Requirements for Analysis 

in PSD Class II and Class III Areas 

(10/8/02) 

225–0060 Requirements for 

Demonstrating Compliance with 

Standards and Increments in PSD 

Class I Areas (10/8/02) 

225–0070 Requirements for 

Demonstrating Compliance with 

AQRV Protection (7/1/01) 

225–0090 Requirements for 

Demonstrating a Net Air Quality 

Benefit (10/8/02 and 10/8/02 thru 4/

6/03) 

Division 226—General Emission 

Standards 

226–0010 Definitions (7/1/01) 

Highest and Best Practicable Treatment 

and Control 

226–0100 Policy and Application (7/1/

01) 

226–0110 Pollution Prevention (7/1/

01) 

226–0120 Operating and Maintenance 

Requirements (7/1/01) 

226–0130 Typically Achievable 

Control Technology (7/1/01) 

226–0140 Additional Control 

Requirements for Stationary Sources 

of Air Contaminants (7/1/01) 

Grain Loading Standards 

226–0200 Applicability (10/14/99) 

226–0210 Particulate Emission 

Limitations for Sources Other Than 

Fuel Burning and Refuse Burning 

Equipment (7/1/01)

Particulate Emissions From Process 

Equipment 

226–0300 Applicability (7/1/01) 

226–0310 Emission Standard (7/1/01) 

226–0320 Determination of Process 

Weight (7/1/01) 

Alternative Emission Controls 

226–0400 Alternative Emission 

Controls (Bubble) (7/1/01) 

Division 228—Requirements for Fuel 

Burning Equipment and Fuel Sulfur 

Content 

228–0010 Applicability (10/14/99) 

228–0020 Definitions (10/14/99) 

Sulfur Content of Fuels 

228–0100 Residual Fuel Oils (10/14/

99) 

228–0110 Distillate Fuel Oils (10/14/

99) 

228–0120 Coal (10/14/99) 

228–0130 Exemptions (10/14/99) 

General Emission Standards for Fuel 

Burning Equipment 

228–0200 Sulfur Dioxide Standards 

(10/14/99) 

228–0210 Grain Loading Standards 

(10/14/99) 

Division 232—Emission Standards for 

VOC Point Sources 

232–0010 Introduction (10/14/99) 

232–0020 Applicability (10/14/99) 

232–0030 Definitions (6/1/01) 

232–0040 General Non-categorical 

Requirements (10/14/99) 

232–0050 Exemptions (10/14/99) 

232–0060 Compliance Determination 

(10/14/99) 

232–0070 Gasoline Dispensing 

Facilities (10/14/99) 

232–0080 Bulk Gasoline Plants (10/14/

99) 

232–0085 Gasoline Delivery Vessel(s) 

(10/14/99) 

232–0090 Bulk Gasoline Terminals 

(10/14/99) 

232–0100 Testing Vapor Transfer and 

Collection Systems (10/14/99) 

232–0110 Loading Gasoline onto 

Marine Tank Vessels (6/1/01) 

232–0120 Cutback and Emulsified 

Asphalt (10/14/99) 

232–0130 Petroleum Refineries (10/14/

99) 

232–0140 Petroleum Refinery Leaks 

(10/14/99) 

232–0150 Liquid Storage (10/14/99) 

232–0160 Surface Coating in 

Manufacturing (10/14/99) 

232–0170 Aerospace Component 

Coating Operations (10/14/99) 

232–0180 Degreasers (10/14/99) 

232–0190 Open Top Vapor Degreasers 

(10/14/99) 

232–0200 Conveyorized Degreasers 

(10/14/99) 

232–0210 Asphaltic and Coal Tar 

Pitch Used for Roofing Coating (10/

14/99) 

232–0220 Flat Wood Coating (10/14/

99) 

232–0230 Rotogravure and 

Flexographic Printing (10/14/99) 

232–0240 Perchloroethylene Dry 

Cleaning (10/14/99) 

Division 234—Emission Standards for 

Wood Products Industries 

234–0010 Definitions, excluding (25), 

(28)(a) & (46) (10/14/99) 

Wigwam Waste Burners 

234–0100 Statement of Policy and 

Applicability (10/14/99) 

234–0110 Authorization to Operate a 

Wigwam Burner (10/14/99) 

234–0120 Emission and Operation 

Standards for Wigwam Waste Burners 

(10/14/99) 

234–0130 Monitoring and Reporting 

(10/14/99) 

234–0140 Existing Administrative 

Agency Orders (10/14/99) 

Kraft Pulp Mills

234–0200 Statement of Policy and 

Applicability (10/14/99) 

234–0210 Emission Limitations, 

excluding (1) (10/14/99) 

234–0220 More Restrictive Emission 

Limits (10/14/99) 

234–0230 Plans and Specifications 

(10/14/99) 

234–0240 Monitoring, excluding (2) 

(10/14/99) 

234–0250 Reporting, excluding (1) & 

(2) (10/14/99) 

234–0260 Upset Conditions, excluding 

(3)(a)(A) & (3)(b)(A) (10/14/99) 

234–0270 Chronic Upset Conditions 

(10/14/99) 

Neutral Sulfite Semi-Chemical (NSSC) 

Pulp Mills 

234–0300 Applicability (10/14/99) 

234–0310 Emission Limitations, 

excluding (1) (10/14/99) 

234–0320 More Restrictive Emission 

Limits, excluding (2) (10/14/99) 

234–0330 Plans and Specifications 

(10/14/99) 

234–0340 Monitoring, excluding (2) 

(10/14/99) 

234–0350 Reporting, excluding (1) (10/

14/99) 

234–0360 Upset Conditions, excluding 

(3)(a)(A) (10/14/99) 

Sulfite Pulp Mills 

234–0400 Statement of Policy and 

Applicability (10/14/99)

Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 2907

234–0410 Minimum Emission 

Standards (10/14/99) 

234–0420 Monitoring and Reporting 

(10/14/99) 

234–0430 Exceptions (10/14/99) 

Board Products Industries (Veneer, 

Plywood, Particleboard, Hardboard) 

234–0500 Applicability and General 

Provisions (10/14/99) 

234–0510 Veneer and Plywood 

Manufacturing Operations (10/14/99) 

234–0520 Particleboard Manufacturing 

Operations (10/14/99) 

234–0530 Hardboard Manufacturing 

Operations (10/14/99) 

Division 236—Emission Standards for 

Specific Industries 

236–0010 Definitions (10/14/99) 

Primary Aluminum Standards 

236–0100 Statement of Purpose (10/

14/99) 

236–0110 Applicability (10/14/99) 

236–0120 Emission Standards, 

excluding (1)(a), (3)(a), & (3)(e) (10/14/

99) 

236–0130 Special Problem Areas (10/

14/99) 

236–0140 Monitoring, excluding 

references to fluorides (10/14/99) 

236–0150 Reporting, excluding (1)(d) 

and (1)(e) (10/14/99) 

Laterite Ore Production of Ferronickel 

236–0200 Statement of Purpose (10/

14/99) 

236–0210 Applicability (10/14/99) 

236–0220 Emission Standards (10/14/

99) 

236–0230 Monitoring and Reporting 

(10/14/99) 

Hot Mix Asphalt Plants 

236–0400 Applicability (10/14/99) 

236–0410 Control Facilities Required 

(10/14/99) 

236–0420 Other Established Air 

Quality Limitations (10/14/99) 

236–0430 Portable Hot Mix Asphalt 

Plants (10/14/99) 

236–0440 Ancillary Sources of 

Emission—Housekeeping of Plant 

Facilities (10/14/99) 

Division 240—Rules for Areas With 

Unique Air Quality Needs 

240–0010 Purpose (10/14/99) 

240–0020 Emission Limitations (7/1/

01) 

240–0030 Definitions (7/1/01)

The Medford-Ashland Air Quality 

Maintenance Area and the Grants Pass 

Urban Growth Area 

240–0100 Applicability (10/14/99) 

240–0110 Wood Waste Boilers (7/1/01) 

240–0120 Veneer Dryer Emission 

Limitations (7/1/01) 

240–0130 Air Conveying Systems 

(Medford-Ashland AQMA Only) (7/1/

01) 

240–0140 Wood Particle Dryers at 

Particleboard Plants (7/1/01) 

240–0150 Hardboard Manufacturing 

Plants (7/1/01) 

240–0160 Wigwam Waste Burners (7/

1/01) 

240–0170 Charcoal Producing Plants 

(7/1/01) 

240–0180 Control of Fugitive 

Emissions (Medford-Ashland AQMA 

Only) (7/1/01) 

240–0190 Requirement for Operation 

and Maintenance Plans (MedfordAshland AQMA Only) (7/1/01) 

240–0200 Emission-Limits 

Compliance Schedules (7/1/01) 

240–0210 Continuous Monitoring (7/

1/01) 

240–0220 Source Testing (7/1/01) 

240–0230 New Sources (7/1/01) 

240–0240 Rebuilt Boilers (7/1/01) 

240–0250 Open Burning (7/1/01) 

240–0270 Dual-Fueling Feasibility 

Study for Wood-Waste Boilers (7/1/

01) 

La Grande Urban Growth Area 

240–0300 Applicability (10/14/99) 

240–0310 Compliance Schedule for 

Existing Sources (7/1/01) 

240–0320 Wood-Waste Boilers (7/1/

01) 

240–0330 Wood Particle Dryers at 

Particleboard Plants (7/1/01) 

240–0340 Hardboard Manufacturing 

Plants (7/1/01) 

240–0350 Air Conveying Systems (7/1/

01) 

240–0360 Fugitive Emissions (7/1/01) 

The Lakeview Urban Growth Area 

240–0400 Applicability (7/1/01) 

240–0410 Control of Fugitive 

Emissions (7/1/01) 

240–0420 Requirement for Operation 

and Maintenance Plans (7/1/01) 

240–0430 Source Testing (7/1/01) 

240–0440 Open Burning (7/1/01) 

Division 242—Rules Applicable to the 

Portland Area 

Employee Commute Options Program 

242–0010 What is the Employee 

Commute Options Program? (10/14/

99) 

242–0020 Who is subject to ECO? (10/

14/99) 

242–0030 What Does ECO Require? 

(10/14/99) 

242–0040 How does the Department 

Enforce ECO? (10/14/99) 

242–0050 Definitions of Terms used in 

these Rules (10/14/99) 

242–0060 Should All Employees at a 

Work Site Be Counted? (10/14/99) 

242–0070 What are the Major 

Requirements of ECO? (10/14/99) 

242–0080 What are the Registration 

Requirements? (10/14/99) 

242–0090 What are the Requirements 

for an Employee Survey? (10/14/99) 

242–0100 Special Requirements for 

Employers Intending to Comply 

without an Approved Plan (10/14/99) 

242–0110 What if the Employer Does 

Not Meet the Target Auto Trip Rate? 

(10/14/99) 

242–0120 How Will Employers 

Demonstrate Progress Toward the 

Target Auto Trip Rate? (10/14/99) 

242–0130 What is the Schedule 

Employers Must Follow to Implement 

ECO? (10/14/99) 

242–0140 How Should Employers 

Account for Changes in Work Force 

Size? (10/14/99) 

242–0150 How Can An Employer 

Reduce Auto Commute Trips To A 

Work Site? (10/14/99) 

242–0160 What Should be Included in 

an Auto Trip Reduction Plan? (10/14/

99) 

242–0170 When Will the Department 

Act on A Submitted Auto Trip 

Reduction Plan? (10/14/99) 

242–0180 What is a Good Faith Effort? 

(10/14/99) 

242–0190 How Does the ECO Program 

Affect New Employers, Expanding 

Employers and Employers Relocating 

Within the Portland AQMA? (10/14/

99) 

242–0200 Can A New or Relocating 

Employer Comply with ECO Through 

Restricted Parking Ratios? (10/14/99)

242–0210 Can An Existing Employer 

Comply With ECO Through Restricted 

Parking Ratios? (10/14/99) 

242–0220 What if an Employer Has 

More Than One Work Site Within The 

Portland AQMA? (10/14/99) 

242–0230 Can Employers Submit A 

Joint Plan? (10/14/99) 

242–0240 Are There Alternatives To 

Trip Reduction? (10/14/99) 

242–0250 What Alternatives Qualify 

as Equivalent Emission Reductions? 

(10/14/99) 

242–0260 Can Employers Get Credit 

For Existing Trip Reduction 

Programs? (10/14/99) 

242–0270 Are Exemptions Allowed If 

An Employer Is Unable to Reduce 

Trips Or Take Advantage of Alternate 

Compliance Options? (10/14/99) 

242–0280 Participation In the 

Industrial Emission Management 

Program (10/14/99) 

242–0290 What Kind of Records Must 

Be Kept and For How Long? (10/14/

99)

2908 Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 

Voluntary Maximum Parking Ratio 

Program 

242–0300 What is the Voluntary 

Parking Ratio Program? (10/14/99) 

242–0310 Who can Participate in the 

Voluntary Parking Ratio Program? 

(10/14/99) 

242–0320 Definitions of Terms and 

Land Uses (10/14/99) 

242–0330 How Does a Property Owner 

Comply with the Voluntary Parking 

Ratio Program? (10/14/99) 

242–0340 What are the Incentives for 

Complying with the Voluntary 

Parking Ratio Program? (10/14/99) 

242–0350 Why do I Need A Parking 

Ratio Permit? (10/14/99) 

242–0360 What is Required to Obtain 

A Parking Ratio Permit? (10/14/99) 

242–0370 How is the Parking Ratio 

Program Enforced? (10/14/99) 

242–0380 When will the Department 

Act on a Submitted Permit 

Application? (10/14/99) 

242–0390 What are the Applicable 

Parking Ratios? (10/14/99) 

Industrial Emission Management 

Program 

242–0400 Applicability (10/14/99) 

242–0410 Definition of Terms (10/14/

99) 

242–0420 Unused PSEL Donation 

Program (10/14/99) 

242–0430 Industrial Growth 

Allowances (10/14/99) 

242–0440 Industrial Growth 

Allowance Allocation (10/14/99) 

Gasoline Vapors From Gasoline 

Transfer and Dispensing Operations 

242–0500 Purpose and Applicability 

(10/14/99) 

242–0510 Definitions (10/14/99) 

242–0520 General Provisions (10/14/

99) 

Motor Vehicle Refinishing 

242–0600 Applicability (10/14/99) 

242–0610 Definitions (10/14/99) 

242–0620 Requirements for Motor 

Vehicle Refinishing in Portland 

AQMA (10/14/99) 

242–0630 Inspecting and Testing 

Requirements (10/14/99) 

Spray Paint 

242–0700 Applicability (10/14/99) 

242–0710 Definitions (10/14/99) 

242–0720 Spray Paint Standards and 

Exemptions (10/14/99) 

242–0730 Requirements for 

Manufacture, Sale, and Use of Spray 

Paint (10/14/99) 

242–0740 Recordkeeping and 

Reporting Requirements (10/14/99) 

242–0750 Inspection and Testing 

Requirements (10/14/99) 

Area Source Common Provisions 

242–0760 Applicability (10/14/99) 

242–0770 Compliance Extensions (10/

14/99) 

242–0780 Exemption from Disclosure 

to the Public (10/14/99) 

242–0790 Future Review (10/14/99) 

Division 250—General Conformity

250–0010 Purpose (10/14/99) 

250–0020 Applicability (10/14/99) 

250–0030 Definitions (10/14/99) 

250–0040 Conformity Analysis (10/14/

99) 

250–0050 Reporting Requirements (10/

14/99) 

250–0060 Public Participation (10/14/

99) 

250–0070 Frequency of Conformity 

Determinations (10/14/99) 

250–0080 Criteria for Determining 

Conformity of General Federal 

Actions (10/14/99) 

250–0090 Procedures for Conformity 

Determinations for General Federal 

Actions (10/14/99) 

250–0100 Mitigation of Air Quality 

Impacts (10/14/99) 

Division 252—Transportation 

Conformity 

252–0010 Purpose (10/14/99) 

252–0020 Applicability, except (3) 

(10/14/99) 

252–0030 Definitions (10/14/99) 

252–0040 Priority (10/14/99) 

252–0050 Frequency of Conformity 

Determinations, except (4) & (5)(b) 

(10/14/99) 

252–0060 Consultation (10/14/99) 

252–0070 Content of Transportation 

Plans (10/14/99) 

252–0080 Relationship of 

Transportation Plan & TIP Conformity 

with the NEPA Process (10/14/99) 

252–0090 Fiscal Constraints for 

Transportation Plans & TIPs (10/14/

99) 

252–0100 Criteria & Procedures for 

Determining Conformity of 

Transportation Plans, Programs, and 

Projects: General, except (3) through 

(6) (10/14/99) 

252–0110 Criteria & Procedures: Latest 

Planning Assumptions (10/14/99) 

252–0120 Criteria & Procedures: Latest 

Emissions Model (10/14/99) 

252–0130 Criteria & Procedures: 

Consultation (10/14/99) 

252–0140 Criteria & Procedures: 

Timely Implementation of TCMs (10/

14/99) 

252–0150 Criteria & Procedures: 

Currently Conforming Transportation 

Plan and TIP (10/14/99) 

252–0160 Criteria & Procedures: 

Projects from a Plan & TIP (10/14/99) 

252–0170 Criteria & Procedures: 

Localized CO and PM–10 Violations 

(Hot spots) (10/14/99) 

252–0180 Criteria & Procedures: 

Compliance w/PM–10 Control 

Measures (10/14/99) 

252–0190 Criteria & Procedures: Motor 

vehicle Emissions Budget, except (5) 

(10/14/99) 

252–0200 Criteria & Procedures: 

Emission Reductions in Areas 

Without Motor Vehicle Emissions 

Budgets, except (6)(c) (10/14/99) 

252–0210 Consequences of Control 

Strategy Implementation Plan 

Failures, except (1)(b) (10/14/99) 

252–0220 Requirements for Adoption 

or Approval of Projects by Other 

Recipients of Funds Designated under 

Title 23 U.S.C. or the Federal Transit 

Laws, except (1)(a) & (2) (10/14/99) 

252–0230 Procedures for Determining 

Regional Transportation-Related 

Emissions (10/14/99) 

252–0240 Procedures for Determining 

Localized CO and PM–10

Concentrations (Hot-Spot Analysis) 

(10/14/99) 

252–0250 Using the Motor Vehicle 

Emissions Budget in the Applicable 

Implementation Plan (or 

Implementation Plan Submission), 

except (2) (10/14/99) 

252–0260 Enforceability of Design 

Concept and Scope and Project-Level 

Mitigation and Control Measures (10/

14/99) 

252–0270 Exempt Projects (10/14/99) 

252–0280 Projects Exempt from 

Regional Emissions Analyses (10/14/

99) 

252–0290 Traffic Signal 

Synchronization Projects (10/14/99) 

Division 258—Motor Vehicle Fuel 

Specifications 

258–0010 Definitions (10/14/99) 

Oxygenated Gasoline 

258–0100 Policy (10/14/99) 

258–0110 Purpose and General 

Requirements (10/14/99) 

258–0120 Sampling & Testing for 

Oxygen Content (10/14/99) 

258–0130 Compliance Options (10/14/

99) 

258–0140 Per Gallon Oxygen Content 

Standard (10/14/99) 

258–0150 Average Oxygen Content 

Standard (10/14/99) 

258–0160 Minimum Oxygen Content 

(10/14/99)

258–0170 Oxygenated Gasoline 

Blending (10/14/99) 

258–0180 Registration (10/14/99) 

258–0190 CAR, Distributor and Retail 

Outlet Operating Permits (10/14/99) 

258–0200 Owners of Gasoline at 

Terminals, Distributors and Retail 

Outlets Required to Have Indirect 

Source Operating Permits (10/14/99) 

258–0210 Recordkeeping (10/14/99) 

258–0220 Reporting (10/14/99) 

258–0230 Prohibited Activities (10/14/

99)

Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Rules and Regulations 2909

258–0240 Inspection and Sampling 

(10/14/99) 

258–0250 Liability for Violation of a 

Prohibited Activity (10/14/99) 

258–0260 Defenses for Prohibited 

Activities (10/14/99) 

258–0270 Inability to Produce 

Conforming Gasoline Due to 

Extraordinary Circumstances (10/14/

99) 

258–0280 Quality Assurance Program 

(10/14/99) 

258–0290 Attest Engagements 

Guidelines when Prohibited Activities 

Alleged (10/14/99) 

258–0300 Dispenser Labeling (10/14/

99) 

258–0310 Contingency Provision for 

Carbon Monoxide Nonattainment 

Areas (10/14/99) 

Standard for Automotive Gasoline 

258–0400 Reid Vapor Pressure for 

Gasoline (10/14/99) 

Division 262—Residential Woodheating 

262–0010 Purpose (10/14/99) 

262–0020 Definitions (10/14/99) 

Woodstove Sales 

262–0030 Requirements for Sale of 

Woodstoves (10/14/99) 

262–0040 Exemptions (10/14/99) 

Woodstove Certification Program 

262–0100 Applicability (10/14/99) 

262–0110 Emissions Performance 

Standards and Certification (10/14/99) 

262–0120 General Certification 

Procedures (10/14/99) 

262–0130 Labeling Requirements (10/

14/99) 

Woodburning Curtailment 

262–0200 Applicability (10/14/99) 

262–0210 Determination of Air 

Stagnation Conditions (10/14/99) 

262–0220 Prohibition on 

Woodburning During Periods of Air 

Stagnation (10/14/99) 

262–0230 Public Information Program 

(10/14/99) 

262–0240 Enforcement (10/14/99) 

262–0250 Suspension of Department 

Program (10/14/99) 

Woodstove Removal Contingency 

Program 

262–0300 Applicability (10/14/99) 

262–0310 Removal and Destruction of 

Uncertified Stove Upon Sale of Home 

(10/14/99) 

262–0320 Home Seller’s 

Responsibility to Verify Stove 

Destruction (10/14/99) 

262–0330 Home Seller’s 

Responsibility to Disclose (10/14/99) 

Division 266—Field Burning Rules 

(Willamette Valley) 

266–0010 Introduction (10/14/99) 

266–0020 Policy (10/14/99) 

266–0030 Definitions (10/14/99) 

266–0040 General Requirements (10/

14/99) 

266–0050 Registration, Permits, Fees, 

Records (10/14/99) 

266–0060 Acreage Limitations, 

Allocations (10/14/99) 

266–0070 Daily Burning Authorization 

Criteria (10/14/99) 

266–0080 Burning by Public Agencies 

(Training Fires) (10/14/99) 

266–0090 Preparatory Burning (10/14/

99)

266–0100 Experimental Burning (10/

14/99) 

266–0110 Emergency Burning, 

Cessation (10/14/99) 

266–0120 Propane Flaming (10/14/99) 

266–0130 Stack Burning (10/14/99) 

Division 268—Emission Reduction 

Credits 

268–0010 Applicability (7/1/01) 

268–0020 Definitions (10/14/99) 

268–0030 Emission Reduction Credits 

(7/1/01)

* * * * *

4. Paragraph (a)(1)(ii) of § 52.1982 is 

revised to read as follows:

§ 52.1982 Control Strategy: Ozone. 

(a) * * * (1) * * *

(ii) The phrase ‘‘in most cases’’ in rule 

OAR 340–232–0060(1) applies to 

approximately 1,200 gasoline service 

stations where compliance is 

determined by observing whether 

specific emission control equipment, 

selected from a specific list on file at 

DEQ, is in place and operating properly.

§ 52.1985 [Reserved] 

5. Remove and reserve § 52.1985.

6. Paragraphs (a) and (c) of § 52.1987 

are revised to read as follows:

§ 52.1987 Significant deterioration of air 

quality. 

(a) The Oregon Department of 

Environmental Quality rules for the 

prevention of significant deterioration of 

air quality (provisions of OAR chapter 

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

222, 224, 225, and 268), as in effect on 

October 8, 2002, are approved as 

meeting the requirements of title I, part 

C, subpart 1 of the Clean Air Act, as in 

effect on July 1, 2002, for preventing 

significant deterioration of air quality.

* * * * *

(c) The requirements of title I, part C, 

subpart 1 of the Clean Air Act are not 

met for Indian country in Oregon 

because Oregon has not demonstrated 

authority to implement and enforce 

under the Clean Air Act Oregon State 

rules in Indian country. Therefore, the 

provisions of § 52.21 (b) through (w) are 

hereby incorporated and made part of 

the applicable plan for Indian country 

in the State of Oregon.

7. Paragraph (a) of § 52.1988 is revised 

to read as follows:

§ 52.1988 Air contaminant discharge 

permits. 

(a) Except for compliance schedules 

under OAR 340–200–0050, emission 

limitations and other provisions 

contained in Air Contaminant Discharge 

Permits issued by the State in 

accordance with the provisions of the 

Federally-approved rules for Air 

Contaminant Discharge Permits (OAR 

chapter 340, Division 216), Plant Site 

Emission Limit (OAR chapter 340, 

Division 222), Alternative Emission 

Controls (OAR 340–226–0040) and 

Public Participation (OAR chapter 340, 

Division 209), shall be applicable 

requirements of the Federally-approved 

Oregon SIP (in addition to any other 

provisions) for the purposes of section 

113 of the Clean Air Act and shall be 

enforceable by EPA and by any person 

in the same manner as other 

requirements of the SIP. Plant site 

emission limits and alternative emission 

limits (bubbles) established in Federal 

Operating Permits issued by the State in 

accordance with the Federally-approved 

rules for Plant Site Emission Limit (OAR 

chapter 340, Division 222) and 

Alternative Emission Controls (OAR 

340–226–0040), shall be applicable 

requirements of the Federally-approved 

Oregon SIP (in addition to any other 

provisions) for the purposes of section 

113 of the Clean Air Act and shall be 

enforceable by EPA and by any person 

in the same manner as other 

requirements of the SIP.

* * * * *

[FR Doc. 03–852 Filed 1–21–03; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[OH118–1a; FRL–7428–5] 

Approval and Promulgation of 

Implementation Plans; Ohio

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving the 

remaining portions of the Ohio 

Environmental Protection Agency’s 

(OEPA) SIP for Prevention of Significant 

Deterioration (PSD) provisions for 

attainment areas. EPA had previously