[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Rules and Regulations]
[Pages 10457-10463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5645]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[OR64-7279a, OR36-1-6298a, OR46-1-6802a; FRL-5696-8]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) approves numerous 
amendments to the Oregon Department of Environmental Quality's (ODEQ's) 
rules for stationary sources, including new source review and 
prevention of significant deterioration rules, as revisions to the 
Oregon State Implementation Plan (SIP). These revisions were submitted 
by the Director of the ODEQ on May 20, 1988, January 20, 1989, 
September 14, 1989, October 13, 1989, November 15, 1991, August 26, 
1992, November 16, 1992, May 28, 1993, November 15, 1993, December 14, 
1993, November 14, 1994, June 1, 1995, September 27, 1995, October 8, 
1996, and January 22, 1997, in accordance with the requirements of 
section 110, Part C, and Part D of the Clean Air Act (hereinafter the 
Act). EPA is also removing the listings for total suspended 
particulates nonattainment areas in 40 CFR Part 81.

DATES: This action is effective on May 6, 1997 unless adverse or 
critical comments are received by April 7, 1997. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Montel Livingston, 
SIP Manager, Office of Air Quality (OAQ-107), U.S. Environmental 
Protection Agency, 1200 Sixth Avenue, Seattle, Washington 98101.
    Documents which are incorporated by reference are available for 
public inspection at the Air and Radiation Docket and Information 
Center, Environmental Protection Agency, 401 M Street, SW, Washington, 
D.C. 20460. Copies of material submitted to EPA may be examined during 
normal business hours at the following locations: EPA, Region 10, 
Office of Air Quality, 1200 Sixth Avenue, Seattle, Washington 98101, 
and Oregon Department of Environmental Quality, 811 S.W. Sixth Avenue, 
Portland, Oregon 97204.

FOR FURTHER INFORMATION CONTACT: David C. Bray, Office of Air Quality 
(OAQ-107), EPA, Region 10, Seattle, Washington 98101, (206) 553-4253.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 1, 1987 (52 FR 24672), in conjunction with the revision to 
the national ambient air quality standards (NAAQS) for particulate 
matter (PM<INF>10), EPA revised the requirements for state 
implementation plans. These revisions included changes to the 
requirements for new source review (NSR) and prevention of significant 
deterioration (PSD) permitting programs. In response to these new 
requirements, on May 20, 1988, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted amendments to Oregon's state 
ambient air quality standards (including its standards for particulate 
matter), new source review (NSR), and prevention of significant 
deterioration (PSD) rules.<SUP>1 Further amendments to the NSR rules 
applicable to specific areas which violated the new PM<INF>10 standards 
were submitted on September 14, 1989, and October 13, 1989,<SUP>2 and 
additional

[[Page 10458]]

clarifying changes to the state's ambient air quality standards were 
submitted on November 15, 1991.<SUP>3
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    \1\ Other provisions in the May 20, 1988, submittal regarding 
commitments for Group II PM<INF>10 areas and emergency episode plans 
were acted on in a February 23, 1993, Federal Register (58 FR 
10972).
    \2\  Additional provisions regarding the Medford-Ashland and 
Grants Pass PM<INF>10 industrial rules included in this submittal 
were acted on in a February 23, 1993, Federal Register (58 FR 
10972).
    \3\ Other rule amendments submitted on November 15, 1991, have 
been acted on in a February 23, 1993, Federal Register (58 FR 
10972).
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    On October 17, 1988 (53 FR 40656), EPA promulgated PSD increments 
for nitrogen dioxide along with appropriate revisions to the PSD 
regulations in 40 CFR 51.166. In response to those changes to EPA's 
requirements for State PSD programs, the Director of the ODEQ submitted 
revisions to its PSD rules on August 26, 1992.
    In response to the Clean Air Act Amendments of 1990 (Pub. L. 101-
509), EPA issued guidance on March 11, 1991, July 22, 1992, and 
September 3, 1992, regarding the necessary changes to State and local 
PSD and NSR permit rules to comply with the new statutory requirements. 
In response to this guidance, the Director of the ODEQ submitted 
additional amendments to the NSR and PSD rules on November 16, 
1992.<SUP>4
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    \4\ The emission statement rules included in the November 16, 
1992, submittal were acted on in a March 24, 1994, Federal Register 
(59 FR 13886).
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    On September 24, 1993 (58 FR 49931), EPA designated the Lakeview 
area as a moderate PM<INF>10 nonattainment area. As a result, Oregon 
was required to submit, as a SIP revision, a control strategy to bring 
the area into attainment with the PM<INF>10 standards. The required 
control strategy was submitted by the Director of the ODEQ on June 1, 
1995.<SUP>5 This strategy included, among other things, amendments to 
the New Source Review rules that apply in nonattainment areas in order 
to make them apply to the Lakeview PM<INF>10 Nonattainment Area.
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    \5\ Other provisions of the Lakeview PM<INF>10 attainment plan 
will be acted on in a separate Federal Register.
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    On June 3, 1993 (58 FR 31622), EPA promulgated revisions to the PSD 
regulations to change the indicator for the particulate matter 
increments from total suspended particulates (TSP) to PM<INF>10. On 
September 27, 1995, in response to this change in federal requirements, 
the Director of the ODEQ submitted amendments to Oregon's PSD rules as 
a revision to the Oregon SIP.<SUP>6
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    \6\ Revisions to Oregon's Smoke Management Plan included in the 
September 27, 1995, submittal will be acted on in a separate Federal 
Register.
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    Oregon also made a number of amendments to its PSD and NSR rules on 
its own initiative. These amendments were submitted as revisions to the 
Oregon SIP on January 20, 1989, May 28, 1993,<SUP>7 November 15, 
1993,<SUP>8 December 14, 1993,<SUP>9 November 14, 1994, October 8, 
1996,<SUP>10 and January 22, 1997.<SUP>11
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    \7\ Other rule amendments included in the May 28, 1993, 
submittal will be acted on in separate Federal Registers.
    \8\ Other rule amendments included in the November 15, 1993, 
submittal will be acted on in a separate Federal Register.
    \9\ Other rule amendments included in the December 14, 1993, 
submittal will be acted on in a separate Federal Register.
    \10\ Other rule amendments included in the October 8, 1996, 
submittal will be acted on in a separate Federal Register.
    \11\ Other rule amendments included in the January 22, 1997, 
submittal will be acted on in a separate Federal Register.
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II. Description of Plan Revision Submittals

    On May 20, 1988, the Director of the ODEQ submitted amendments to 
Oregon Administrative Rules (OAR) 340-20-220 through 260 (New Source 
Review Rules), OAR 340-31-005 through 055 (Ambient Air Quality 
Standards), and OAR 340-31-100 through 130 (Prevention of Significant 
Deterioration Rules) as revisions to the Oregon state implementation 
plan (SIP). The amendments to the New Source Review Rules added new 
definitions of ``emission limitation and emission standard,'' 
``particulate matter emissions,'' and ``PM<INF>10 emissions'' to OAR 
340-20-225. They also amended the existing definitions of 
``nonattainment area,'' ``significant emission rate,'' and 
``significant air quality impact'' in OAR 340-20-225. These new and 
amended definitions were to implement the revised ambient air quality 
standards for particulate matter. In addition, OAR 340-20-245 
(Requirements for Sources in Attainment or Unclassifiable Areas 
(Prevention of Significant Deterioration)) was amended to implement the 
revised particulate matter standards and the revised EPA requirements 
in 40 CFR 51.165(b) and 40 CFR 51.166. Similarly, OAR 340-20-260 
(Requirements for Net Air Quality Benefit) was amended to implement the 
revised particulate matter standards.
    The amendments to Oregon's Ambient Air Quality Standards included 
new definitions of ``ambient air monitoring site criteria,'' ``approved 
method,'' ``Code of Federal Regulations,'' and ``parts per million;'' 
amendments to the existing definitions of ``ambient air'' and 
``equivalent method;'' and the deletion of the existing definitions of 
``primary air mass station,'' ``primary ground level monitoring 
station,'' and ``special station'' in OAR 340-31-005. The ambient 
standards for suspended particulate matter (OAR 340-31-015) were 
amended by adding standards for PM<INF>10. Finally, the ambient 
standards for total suspended particulates (OAR 340-31-015), sulfur 
dioxide (OAR 340-31-020), carbon monoxide (OAR 340-31-025), ozone (OAR 
340-31-030), nitrogen dioxide (OAR 340-31-040), and lead (OAR 340-31-
055) were amended to clarify monitoring methods and averaging times. In 
addition, the existing ambient standard for hydrocarbons (OAR 340-31-
035) was rescinded.
    Finally, the Prevention of Significant Deterioration Rules were 
amended by clarifying that the ambient air increments for particulate 
matter (OAR 340-31-110) were measured in terms of total suspended 
particulates.
    On January 20, 1989, the Director of the ODEQ submitted amendments 
to the Air Contaminant Discharge Permit rules to effect changes to the 
permit fee provisions in OAR 340-20-155, Table 1 and OAR 340-20-165. 
These changes updated the fee table and clarified that the application 
processing fee must be submitted with the application for a permit or 
permit renewal.
    On September 14, 1989, the Director of the ODEQ submitted an 
amendment to the New Source Review Rules as they apply to the Klamath 
Falls PM<INF>10 area. This amendment lowered the major source size 
threshold for new and modified major sources in the Klamath Falls Urban 
Growth Area from 15 tons of PM<INF>10 per year to 5 tons of PM<INF>10 
per year by revising the definition of ``significant emission rate'' in 
OAR 340-20-225(22). However, the amended rules exempt sources with 
PM<INF>10 emissions of less than 15 tons per year from the requirement 
to apply the lowest achievable emission rate (LAER). In addition, 
sources with PM<INF>10 emissions between 5 and 15 tons per year may 
choose to apply LAER rather than to obtain emission offsets.
    On October 13, 1989, the Director of the ODEQ submitted an 
amendment to the ``Specific Air Pollution Control rules for the 
Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban 
Growth Area'' (OAR 340-30-005 through 111). This amendment added a new 
OAR 340-30-111 (Emission Offsets) which establishes an emission offset 
ratio for new or modified sources of 1.2 to 1 for the Medford-Ashland 
Air Quality Maintenance Area.
    On November 15, 1991, the Director of the ODEQ submitted further 
amendments to Oregon's Ambient Air Quality Standards (OAR 340-31-015 
through 030, 040, and 055). These amendments clarified the 
applicability of the standards to any site in the ambient air.
    On August 26, 1992, the Director of the ODEQ submitted amendments 
to

[[Page 10459]]

Oregon's New Source Review Rules (OAR 340-20-225) and Prevention of 
Significant Deterioration Rules (OAR 340-31-110) to add provisions 
implementing the PSD increments for nitrogen dioxide. These amendments 
revised the definitions of ``baseline concentration'' (OAR 340-20-
225(2)) and ``baseline period'' (OAR 340-20-225(3)) to accommodate the 
new nitrogen dioxide increments and added the nitrogen dioxide 
increments themselves to OAR 340-31-110 (Ambient Air Increments).
    On November 16, 1992, the Director of the ODEQ submitted amendments 
to Oregon's New Source Review Rules (OAR 340-20-220 to 270) to 
implement the new requirements of the Clean Air Act Amendments of 1990 
for nonattainment area (Part D) new source review programs. These 
amendments revised the definitions of the terms ``baseline period,'' 
``nonattainment area,'' ``significant emission rate,'' and ``source'' 
in OAR 340-20-225. The amendments also revised the requirements for new 
and modified major sources proposing to locate in nonattainment areas 
at OAR 340-20-240 (Requirements for Sources in Nonattainment Areas), 
OAR 340-20-241 (Growth Increments), OAR 340-20-255 (Baseline for 
Determining Credit for Offsets), OAR 340-20-260 (Requirements for Net 
Air Quality Benefit), and OAR 340-20-265 (Emission Reduction Credit 
Banking).
    On May 28, 1993, the Director of the ODEQ submitted numerous 
amendments to Oregon's permit rules in OAR Chapter 340, Division 14, 
Division 20, and Division 31. These amendments are nearly all editorial 
in nature and include updating statutory citations, correcting cross 
references, and correcting typographical and grammatical errors. The 
only other changes are minor changes in public notice procedures for 
consistency with State statutes and a clarification of the requirement 
for certain sources to register under the State's registration program.
    On November 15, 1993, the Director of the ODEQ submitted extensive 
amendments to the State rules which affect the permitting and 
regulation of stationary sources, including permits to construct, State 
operating permits, prevention of significant deterioration, Part D new 
source review, stack heights and dispersion techniques, excess 
emissions, and other provisions. These amendments involve the creation 
of a new OAR Chapter 340, Division 28, Stationary Source Air Pollution 
Control and Permitting Procedures and the relocation of much of the OAR 
Chapter 340, Division 20 provisions to this new Division 28. 
Additionally, conforming amendments were made to OAR Chapter 340, 
Division 14, and Division 31. Specifically, OAR Chapter 340, Division 
14, Procedures for Issuance, Denial, Modification, and Revocation of 
Permits, Section 007 (Exceptions) was amended to exempt federal 
operating permits issued pursuant to the new OAR Chapter 340, Division 
28, from the requirements of Division 14. OAR Chapter 340, Division 20, 
General Air Pollution Control Regulations was amended by revising, 
renumbering, and relocating the following provisions of OAR Chapter 
340, Division 20, to the new OAR Chapter 340, Division 28:

340-20-001 (Highest and Best Practicable Treatment and Control 
Required);
340-20-005 through -015 (Registration);
340-20-020 through -030 (Notice of Construction and Approval of Plans);
340-20-032 (Compliance Schedules);
340-20-035 (Sampling, Testing and Measurement of Air Contaminant 
Emissions);
340-20-037 (Stack Heights and Dispersion Techniques);
340-20-040 (Methods);
340-20-045 (Department Testing);
340-20-046 (Records; Maintaining and Reporting);
340-20-140 through -185 (Air Contaminant Discharge Permits);
340-20-220 through -276 (New Source Review);
340-20-300 through -320 (Plant Site Emission Limits);
340-20-350 through -380 (Excess Emissions);
340-20-450 through -480 (Emission Statements for VOC and NO<INF>X 
Sources); and
340-20-500 through -660 (Major Source Interim Emission Fees).

    The new OAR Chapter 340, Division 28, Stationary Source Air 
Pollution Control and Permitting Procedures includes most of Oregon's 
rules of procedure that apply to stationary sources of air pollution. 
Specifically, Division 28 includes:

340-28-100 (Purpose, Application and Organization);
340-28-110 (Definitions);
340-28-200 through -400 (Rules Applicable to All Stationary Sources);
340-28-500 through -520 (Registration);
340-28-600 through -640 (Highest and Best Practicable Treatment and 
Control Required);
340-28-700 (Compliance Schedules);
340-28-800 through -820 (Notice of Construction and Approval of Plans);
340-28-900 (Rules Applicable to Sources Required to Have Air 
Contaminant Discharge Permits or Federal Operating Permits);
340-28-1000 through -1060 (Plant Site Emission Limits);
340-28-1100 through -1140 (Sampling, Testing and Measurement of Air 
Contaminant Emissions);
340-28-1400 through -1460 (Excess Emissions and Emergency Provision);
340-28-1500 through -1520 (Emission Statements for VOC and NOx Sources 
in Ozone Nonattainment Areas);
340-28-1600 (Rules Applicable to Sources Required to Have Air 
Contaminant Discharge Permits);
340-28-1700 through -1770 (Air Contaminant Discharge Permits);
340-28-1900 through -2000 (New Source Review);
340-28-2100 through -2320 (Rules Applicable to Sources Required to Have 
Federal Operating Permits);
340-28-2400 through -2550 (Major Source Interim Emission Fees); and
340-28-2560 through -2740 (Federal Operating Permit Fees).

    While the provisions relating to the Federal operating permit 
program are new, the remaining provisions are provisions from OAR 
Chapter 340, Division 20, that have been revised, renumbered, and 
relocated into this new Division 28. Note that the provisions relating 
to the Federal operating permit program (OAR 340-28-1460, 340-28-2100 
through -2260, OAR 340-28-2280 through -2320, and 340-28-2560 through -
2740) were granted interim approval by EPA on December 2, 1994 (59 FR 
61820), and full approval on September 28, 1995 (60 FR 50106), and are 
not being acted on in this rulemaking which addresses only revisions to 
the Oregon SIP. Finally, OAR Chapter 340, Division 31 (Air Pollution 
Control Standards for Air Purity and Quality) was amended by 
renumbering and relocating the definition of ``baseline concentration'' 
from Division 20, renumbering and relocating the definitions located in 
OAR 340-31-105 to OAR 340-31-005, and by adding new definitions of 
``particulate matter,'' ``PM<INF>10,'' and ``total suspended 
particulates.''
    On December 14, 1993, the Director of the ODEQ submitted technical 
corrections to OAR Chapter 340, Division 28, as submitted on November 
15, 1993. These technical corrections clarified the effective dates for 
OAR 340-28-600 through -640 and the SIP submittal status of OAR 340-28-
1520.
    On November 14, 1994, the Director of the ODEQ submitted further

[[Page 10460]]

amendments to OAR Chapter 340, Division 28. These amendments correct 
and clarify the requirements for permits to construct for new and 
modified sources that are not new major stationary sources or major 
modifications to existing major stationary sources (the ``minor'' new 
source review program), specifically, OAR 340-28-110 (Definitions), OAR 
340-28-1910 (Procedural Requirements), and OAR 340-28-2270 
(Construction/Operation Modification). The amendments also correct an 
incorrect cross reference in OAR 340-28-1430 (Upsets and Breakdowns).
    On June 1, 1995, the Director of the ODEQ submitted additional 
amendments to the New Source Review Rules as they apply to the Lakeview 
PM<INF>10 nonattainment area. First, the amendments lowered the major 
source size threshold for new and modified major sources in the 
Lakeview PM<INF>10 nonattainment area from 15 tons of PM<INF>10 per 
year to 5 tons of PM<INF>10 per year by revising the definition of 
``significant emission rate'' in OAR 340-28-110(105). Second, the 
amended rules (OAR 340-28-1930(7)) exempt sources with PM<INF>10 
emissions of less than 15 tons per year from the requirement to apply 
the lowest achievable emission rate (LAER). However, sources with 
PM<INF>10 emissions between 5 and 15 tons per year may choose to apply 
LAER rather than to obtain emission offsets.
    On September 27, 1995, the Director of the ODEQ submitted 
amendments to Oregon's Prevention of Significant Deterioration Rules 
(OAR 340-31-005 through -155) to change the indicator for the PSD 
increments for particulate matter from total suspended particulates 
(TSP) to PM<INF>10. These amendments revised the definition of 
``baseline concentration'' in OAR 340-31-005(4) to establish a new 
PM<INF>10 baseline date for the Umatilla, Wallowa-Whitman, Ochoco, and 
Malheur National Forests in northeastern Oregon; changed the indicator 
for the particulate matter increments in OAR 340-31-110 (Ambient Air 
Increments) from TSP to PM<INF>10; and clarified in OAR 340-31-120 
(Restriction on Area Classifications) that the boundaries of Federal 
Class I areas conform to changes made to the boundaries of the areas 
after the Clean Air Act Amendments of 1977.
    On October 8, 1996, the Director of the ODEQ submitted further 
amendments to OAR Chapter 340, Division 28. These amendments included 
technical clarifications and corrections to OAR 340-28-0110 
(Definitions), OAR 340-28-1060 (Plant Site Emission Limits for 
Insignificant Activities), OAR 340-28-1410 (Planned Startup and 
Shutdown), OAR 340-28-1430 (Upsets and Breakdowns), and OAR 340-28-1720 
(Permit Required).
    Finally, on January 22, 1996, the Director of the ODEQ submitted 
further amendments to OAR Chapter 340, Division 28. These amendments 
included technical clarifications and corrections to OAR 340-28-0110 
(Definitions), OAR 340-28-0400 (Information Exempt from Disclosure), 
OAR 340-28-0630 (Typically Available Control Technology), OAR 340-28-
1010 (Requirements for Plant Site Emission Limits), and OAR 340-28-1720 
(Permit Required).

III. EPA Findings and Action

    EPA has reviewed the submitted amendments to OAR Chapter 340, 
Divisions 14, 20, 28, 30, and 31, and finds that they comply with the 
Act and EPA's requirements for SIP programs that regulate stationary 
sources. EPA's findings on each Division are as follows:
    The amendments to OAR Chapter 340, Division 14 (amendments to OAR 
340-14-005, -010, -015, -020, -025, -030, -035, -040, -045, and -050, 
effective on March 10, 1993, and submitted on May 28, 1993, and 
amendments to OAR 340-14-007 effective on March 10, 1993, and September 
24, 1993, and submitted on May 28, 1993, and November 15, 1993, 
respectively) are all administrative in nature and do not result in any 
substantive changes to the provisions that are in the currently 
approved Oregon SIP. As such, EPA is approving these amendments to 
Division 14, as a revision to the Oregon SIP.
    The November 15, 1993, submittal of amendments to OAR Chapter 340, 
Division 20, was the rescission of provisions that have been amended, 
renumbered, and relocated to the new OAR Chapter 340, Division 28. 
Therefore, this submittal entirely supersedes the amendments to OAR 
Chapter 340, Division 20, which were submitted on May 20, 1988, January 
20, 1989, September 14, 1989, August 26, 1992, November 16, 1992, and 
May 28, 1993. As discussed below, EPA is approving the amended and 
renumbered provisions now located in OAR Chapter 340, Division 28, and 
therefore, is approving the rescission of OAR 340-20-001, 340-20-005 
through -046, 340-20-140 through -185, and 340-20-220 through -380, as 
effective on September 24, 1993, and submitted on November 15, 1993, as 
a revision to the Oregon SIP.
    As discussed above, on September 24, 1993, Oregon amended and 
relocated many of the provisions of OAR Chapter 340, Division 20, to 
the new OAR Chapter 340, Division 28. The Division 20 provisions that 
were relocated included all of the amended provisions that were 
previously submitted to EPA as revisions to the Oregon SIP on May 20, 
1988, January 20, 1989, September 14, 1989, August 26, 1992, November 
16, 1992, and May 28, 1993, as described above. In addition to the 
amended and relocated provisions from OAR Chapter 340, Division 20, new 
provisions to implement the requirements of Title V of the Act and 40 
CFR Part 70 were adopted, and new bridging provisions were established 
to clarify the applicability of the provisions of this new Division 
28.<SUP>12 The majority of the amendments to the relocated Division 20 
provisions were administrative in nature and involved renumbering and 
corrections to cross-references to reflect the organization in the new 
Division 28. Other amendments to the relocated Division 20 provisions 
were changes necessary to reflect the addition of the new Title V 
operating permits program and to clarify the relationship between 
Oregon Air Contaminant Discharge Permits and the new Title V operating 
permits. As described above in the various submittals of amendments to 
Division 28, substantive changes have since been made to the provisions 
in OAR 340-28-110 (Definitions), OAR 340-28-600 through -680 (Highest 
and Best Practicable Treatment and Control Required), OAR 340-28-800 
through -820 (Notice of Construction and Approval of Plans), OAR 340-
28-1000 through -1060 (Plant Site Emission Limits), OAR 340-28-1100 
(Sampling, Testing and Measurement of Air Contaminant Emissions), OAR 
340-28-1400 through -1460 (Excess Emissions and Emergency Provision), 
and OAR 340-28-1700 through -1790 (Air Contaminant Discharge Permits), 
and a new OAR 340-28-2270 (Construction/Operation Modifications) has 
been added. Moreover, as discussed above, numerous technical 
corrections and clarifications have been made throughout the new 
Division 28. EPA has reviewed the provisions of the new Division 28 and 
the submitted amendments that have been made since its initial adoption 
on September 23, 1993, and finds that the rules meet the requirements 
of the Act and EPA's regulations for SIPs as set forth in 40 CFR Part 
51. As such, EPA is approving OAR Chapter 340, Division 28 (except

[[Page 10461]]

for those provisions implementing Title V, specifically, OAR 340-28-
1460, -2100 through -2260, and -2280 through -2740; except for OAR 340-
28-1050 which was not submitted by the State) as a revision to the 
Oregon SIP.
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    \12\ The provisions related to Title V have been fully approved 
pursuant to 40 CFR Part 70 (see 60 FR 50106, September 28, 1995), 
are not included in the Oregon SIP, and are not specifically 
addressed in this rulemaking.
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    The amendments to OAR Chapter 340, Division 30 submitted on October 
13, 1989, involve the addition of a new section OAR 340-30-111 
(Emission Offsets), effective September 26, 1989, which establishes an 
offset ratio of 1.2 to 1 for new or modified sources located in the 
Medford-Ashland Air Quality Maintenance Area. Since this offset ratio 
is greater than that required for the Medford-Ashland PM<INF>10 
nonattainment area, EPA finds the amendment to comply with the 
requirements of the Act and EPA regulations and is therefore approving 
the addition of OAR 340-30-111 as a revision to the Oregon SIP.
    The amendments to OAR Chapter 340, Division 31, effective on May 
19, 1988, and November 13, 1991 (submitted on May 20, 1988, and 
November 15, 1991, respectively), provided for the addition of 
PM<INF>10 ambient standards and clarifying revisions to the Oregon 
ambient standards for total suspended particulates, sulfur dioxide, 
carbon monoxide, ozone, nitrogen dioxide, and lead, as well as 
clarifying that the PSD increments for particulate matter were measured 
as total suspended particulates. The amendments to OAR Chapter 340, 
Division 31, effective on March 30, 1992 (submitted August 26, 1992), 
provided for the addition of PSD increments for NO<INF>2. The 
amendments to OAR Chapter 340, Division 31, effective on March 10, 1993 
(submitted on May 28, 1993), were only technical corrections and 
clarifications to the rules. The amendments to OAR Chapter 340, 
Division 31, effective on November 4, 1993 (submitted on November 15, 
1993), simply relocated certain definitions from OAR 340-28-110 and OAR 
340-31-105 to OAR 340-31-005. The amendments to OAR Chapter 340, 
Division 31, effective on July 12, 1995 (submitted September 27, 1995), 
provided for the replacement of the PSD increments for total suspended 
particulates with PSD increments for PM<INF>10, a revision to the PSD 
baseline date for an area in northeastern Oregon (the area within the 
boundaries of the Umatilla, Wallowa-Whitman, Ochoco, and Malheur 
National Forests), and a clarification to the boundaries of the 
mandatory federal Class I areas (certain National Parks and National 
Wilderness Areas) in Oregon. These amendments are consistent with EPA's 
regulations in 40 CFR Part 50 and 40 CFR 51.166 and EPA is therefore 
approving the amendments to OAR Chapter 340, Division 31, as revisions 
to the Oregon SIP.

IV. Summary of EPA Action

    EPA today approves several amendments to the ODEQ rules as 
revisions to the Oregon SIP. Specifically, EPA approves:
    (1) OAR 340-14-005, -010, -015, -020, -025, -030, -035, -040, -045, 
and -050, as amended, effective March 10, 1993, and OAR 340-14-007, as 
amended, effective September 24, 1993;
    (2) the rescission of OAR 340-20-001, 340-20-005 through -046, 340-
20-140 through -185, and 340-20-220 through -380 as effective on 
September 24, 1993;
    (3) OAR 340-28-500, -510, -520, -810, -1030, -1040, -1120, -1130, -
1400, -1450, -1520, -1600, -1700, -1710, and -1920, as amended, 
effective September 24, 1993; OAR 340-28-100, -200, -300, -700, -800, -
820, -900, -1000, -1020, -1100, -1110, -1140, -1420, -1440, -1500, -
1510, -1730, -1740, -1750, -1760, -1770, -1900, -1940, -1950, -1960, -
1970, -1980, -1990, and -2000, as amended, effective November 4, 1993; 
OAR 340-28-600, -610, -620, and -640, as amended, effective January 1, 
1994; OAR 340-28-1910 and -2270, as amended, effective October 28, 
1994; OAR 340-28-1930, as amended, effective May 1, 1995; OAR 340-28-
1060, as amended, effective January 29, 1996; OAR 340-28-1410 and -
1430, as amended, effective September 24, 1996; OAR 340-28-110, -400, -
630, -1010 and -1720, as amended, effective October 22, 1996; the 
rescission of OAR 340-28-1790 as effective September 24, 1993; and the 
rescission of OAR 340-28-1780 as effective November 4, 1993;
    (4) OAR 340-30-111 as effective September 26, 1989; and
    (5) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030, 
340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130, as 
amended, effective March 10, 1993, the rescission of OAR 340-31-105 as 
effective on November 4, 1993, and OAR 340-31-005, OAR 340-31-110, and 
340-31-120, as amended, effective July 12, 1995.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective May 6, 1997 unless, by April 7, 1997, adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective May 6, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

V. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. sections 603 and 
604. Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, Part D, of the 
Act do not create any new requirements, but simply approve requirements 
that the state is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the federal-state relationship under the Act, 
preparation of a regulatory flexibility

[[Page 10462]]

analysis would constitute federal inquiry into the economic 
reasonableness of state action. The Act forbids EPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. v. E.P.A., 427 U.S. 
246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

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

D. Submission to Congress and the General Accounting Office

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

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by [insert date 60 days from date of 
publication in the Federal Register]. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2), 42 U.S.C. 7607(b)(2)).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

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

    Dated: February 19, 1997.
Jane S. Moore,
Acting Regional Administrator.

    Chapter I, title 40, of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

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

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

Subpart MM--Oregon

    2. Section 52.1970 is amended by adding paragraph (c)(118) to read 
as follows:


Sec. 52.1970   Identification of plan.

* * * * *
    (c) * * *
    (118) On October 13, 1989, the Director of the Oregon Department of 
Environmental Quality submitted an amendment to OAR Chapter 340, 
Division 30. On May 28, 1993, the Director of the Oregon Department of 
Environmental Quality submitted amendments to OAR Chapter 340, Division 
14, and Division 31. On November 15, 1993, the Director of the Oregon 
Department of Environmental Quality submitted amendments to OAR Chapter 
340, Division 14, Division 20, and Division 31, and a new Division 28. 
On November 14, 1994, June 1, 1995, October 8, 1996, and January 22, 
1997, the Director of the Oregon Department of Environmental Quality 
submitted amendments to OAR Chapter 340, Division 28. On September 27, 
1995, the Director of the Oregon Department of Environmental Quality 
submitted amendments to OAR Chapter 340, Division 31.
    (i) Incorporation by reference.
    (A) OAR 340-14-005, -010, -015, -020, -025, -030, -035, -040, -045, 
and -050, effective March 10, 1993; and OAR 340-14-007, effective 
September 24, 1993.
    (B) OAR 340-28-500, -510, -520, -810, -1030, -1040, -1120, -1130, -
1400, -1450, -1520, -1600, -1700, -1710, and -1920, effective September 
24, 1993; OAR 340-28-100, -200, -300, -700, -800, -820, -900, -1000, -
1020, -1100, -1110, -1140, -1420, -1440, -1500, -1510, -1730, -1740, -
1750, -1760, -1770, -1900, -1940, -1950, -1960, -1970, -1980, -1990, 
and -2000, effective November 4, 1993; OAR 340-28-600, -610, -620, and 
-640, effective January 1, 1994; OAR 340-28-1910 and -2270, effective 
October 29, 1994; OAR 340-28-1930, effective May 1, 1995; OAR 340-28-
1060, effective January 29, 1996; OAR 340-28-1410 and -1430, effective 
September 24, 1996; and OAR 340-28-110, -400, -630, -1010 and -1720, 
effective October 22, 1996.
    (C) OAR 340-30-111, effective September 26, 1989.
    (D) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030, 
340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130, 
effective March 10, 1993; and OAR 340-31-005, OAR 340-31-110, and 340-
31-120, effective July 12, 1995.
    3. Section 52.1987 is amended by revising paragraph (a) to read as 
follows:


Sec. 52.1987   Significant deterioration of air quality.

    (a) The Oregon Department of Environmental Quality rules for 
prevention of significant deterioration of air quality in OAR Chapter 
340, Division 28, as effective on October 22, 1996, and OAR Chapter 
340, Division 31, as effective on July 12, 1995, are approved as 
meeting the requirements of Part C.
* * * * *
    4. Section 52.1988 is revised to read as follows:


Sec. 52.1988   Air Contaminant discharge permits.

    (a) Emission limitations and other provisions contained in Air 
Contaminant Discharge Permits and Federal Operating Permits issued by 
the State in accordance with the provisions of the OAR Chapter 340, 
Division 28, Stationary Source Air Pollution Control and Permitting 
Procedures incorporated by reference in Sec. 52.1970, except for 
compliance schedules under OAR 340-

[[Page 10463]]

 28-700 and alternative emission limits (bubbles) under OAR 340-28-1030 
for sulfur dioxide or total suspended particulates which involve trades 
where the sum of the increases in emissions exceeds 100 tons per year, 
shall be the applicable requirements of the federally-approved Oregon 
SIP (in lieu of 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.
    (b) Emission limitations and other provisions contained in Air 
Contaminant Discharge Permits and Federal Operating Permits issued by 
the Lane Regional Air Pollution Authority in accordance with the 
provisions of the federally-approved Air Contaminant Discharge Permits 
rules (Title 34) and Plant Site Emission Limit rules (Title 32, Section 
32-100 through -104) and in conjunction with provisions of the OAR 
Chapter 340, Division 28, Stationary Source Air Pollution Control and 
Permitting Procedures incorporated by reference in Section 52.1970, 
except for compliance schedules under Title 15, Section 020, or Title 
34, Section 050, and alternative emission limits (bubbles) under Title 
32, Section 32-103, for sulfur dioxide or total suspended particulates 
which involve trades where the sum of the increases in emissions 
exceeds 100 tons per year, shall be the applicable requirements of the 
federally-approved Oregon SIP (in lieu of 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.

PART 81--[AMENDED]

    1. The authority citation for Part 81 continues to read as follows:

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

    2. Section 81.338 is amended by removing the table titled Oregon--
TSP in its entirety.
    3. Section 81.338 is amended by revising the table titled Oregon 
PM-10 to read as follows:


Sec. 81.338   Oregon.

* * * * *

                                                  Oregon--PM-10                                                 
----------------------------------------------------------------------------------------------------------------
                                                          Designation                       Classification      
              Designated Area              ---------------------------------------------------------------------
                                                Date                Type                 Date          Type     
----------------------------------------------------------------------------------------------------------------
Central Oregon Intrastate AQCR 190:                                                                             
    Lakeview (the Urban Growth Boundary        10/25/93  Nonattainment.............     10/25/93  Moderate.     
     area).                                                                                                     
    Klamath Falls (the Urban Growth            11/15/90  Nonattainment.............     11/15/90  Moderate.     
     Boundary area).                                                                                            
    Remainder of AQCR 190.................     11/15/90  Unclassifiable                                         
Eastern Oregon Intrastate AQCR 191:                                                                             
    LaGrande (the Urban Growth Boundary        11/15/90  Nonattainment.............     11/15/90  Moderate.     
     area).                                                                                                     
    Remainder of AQCR 191.................     11/15/90  Unclassifiable                                         
Northwest Oregon Intrastate AQCR 192......     11/15/90  Unclassifiable                                         
Portland Interstate AQCR 193 (Oregon                                                                            
 Portion):                                                                                                      
    Portland-Vancouver (portion of the Air     11/15/90  Unclassifiable                                         
     Quality Maintenance Area).                                                                                 
    Eugene/Springfield (the Urban Growth       11/15/90  Nonattainment.............     11/15/90  Moderate.     
     Boundary area).                                                                                            
    Oakridge (the Urban Growth Boundary         1/20/94  Nonattainment.............      1/20/94  Moderate.     
     area).                                                                                                     
    Remainder of AQCR 193 (Oregon Portion)     11/15/90  Unclassifiable                                         
Southwest Oregon Intrastate AQCR 194:                                                                           
    Medford-Ashland Air Quality                11/15/90  Nonattainment.............     11/15/90  Moderate.     
     Maintenance Area (including White                                                                          
     City).                                                                                                     
    Grants Pass (the Urban Growth Boundary     11/15/90  Nonattainment.............     11/15/90  Moderate.     
     area).                                                                                                     
    Remainder of AQCR 194.................     11/15/90  Unclassifiable                                         
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 97-5645 Filed 3-6-97; 8:45 am]
BILLING CODE 6560-50-P