Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10457

1Other provisions in the May 20, 1988, submittal

regarding commitments for Group II PM10 areas and

emergency episode plans were acted on in a

February 23, 1993, Federal Register (58 FR 10972).

2 Additional provisions regarding the MedfordAshland and Grants Pass PM10 industrial rules

Continued

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. section 804(2).

E. Petitions for Judicial Review

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

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by May 6, 1997.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review, nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2), 42 U.S.C. 7607(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Note: Incorporation by reference of the

Implementation Plan for the State of Oregon

was approved by the Director of the Office of

Federal Register on July 1, 1982.

Dated: February 21, 1997.

Jane S. Moore,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart MM—Oregon

2. Section 52.1970 is amended by

adding paragraph (c) (117) to read as

follows:

§ 52.1970 Identification of plan.

* * * * *

(c) * * *

(117) On November 20, 1996, the

Director of the Oregon Department of

Environmental Quality (ODEQ)

submitted source-specific Reasonably

Available Control Technology (RACT)

determinations to EPA as SIP revisions

for VOC emissions standards.

(i) Incorporation by reference.

(A) Two letters dated November 20,

1995, from Director of the Oregon

Department of Environmental Quality

(ODEQ) submitting SIP revisions for

RACT determinations for VOC

emissions for: Cascade General, Inc., a

ship repair yard in Portland, Oregon,

Permit No. 26–3224 (issued to the Port

of Portland), dated October 4, 1995; and,

White Consolidated, Inc. (doing

business as Schrock Cabinet Co.), a

wood cabinet manufacturing facility in

Hillsboro, Oregon, Permit No. 34–2060,

dated August 1, 1995.

[FR Doc. 97–5644 Filed 3–6–97; 8:45 am]

BILLING CODE 6560–50–P

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.

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 (PM10),

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.1 Further

amendments to the NSR rules

applicable to specific areas which

violated the new PM10 standards were

submitted on September 14, 1989, and

October 13, 1989,2 and additional
10458 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

included in this submittal were acted on in a

February 23, 1993, Federal Register (58 FR 10972).

3Other rule amendments submitted on November

15, 1991, have been acted on in a February 23,

1993, Federal Register (58 FR 10972).

4The emission statement rules included in the

November 16, 1992, submittal were acted on in a

March 24, 1994, Federal Register (59 FR 13886).

5Other provisions of the Lakeview PM10

attainment plan will be acted on in a separate

Federal Register.

6Revisions to Oregon’s Smoke Management Plan

included in the September 27, 1995, submittal will

be acted on in a separate Federal Register.

7Other rule amendments included in the May 28,

1993, submittal will be acted on in separate Federal

Registers.

8Other rule amendments included in the

November 15, 1993, submittal will be acted on in

a separate Federal Register.

9Other rule amendments included in the

December 14, 1993, submittal will be acted on in

a separate Federal Register.

10Other rule amendments included in the

October 8, 1996, submittal will be acted on in a

separate Federal Register.

11Other rule amendments included in the January

22, 1997, submittal will be acted on in a separate

Federal Register.

clarifying changes to the state’s ambient

air quality standards were submitted on

November 15, 1991.3

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,

1992.4

On September 24, 1993 (58 FR 49931),

EPA designated the Lakeview area as a

moderate PM10 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

PM10 standards. The required control

strategy was submitted by the Director

of the ODEQ on June 1, 1995.5 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 PM10 Nonattainment Area.

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

PM10. 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.6

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, 1993,7 November 15,

1993,8 December 14, 1993,9 November

14, 1994, October 8, 1996,10 and January

22, 1997.11

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 ‘‘PM10 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

PM10. 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 PM10 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 PM10 per year to 5 tons of PM10 per

year by revising the definition of

‘‘significant emission rate’’ in OAR 340–

20–225(22). However, the amended

rules exempt sources with PM10

emissions of less than 15 tons per year

from the requirement to apply the

lowest achievable emission rate (LAER).

In addition, sources with PM10

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
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 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 NOX

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,’’ ‘‘PM10,’’ 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
10460 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

12The 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.

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

PM10 nonattainment area. First, the

amendments lowered the major source

size threshold for new and modified

major sources in the Lakeview PM10

nonattainment area from 15 tons of

PM10 per year to 5 tons of PM10 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 PM10 emissions of less than 15 tons

per year from the requirement to apply

the lowest achievable emission rate

(LAER). However, sources with PM10

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 PM10. These amendments

revised the definition of ‘‘baseline

concentration’’ in OAR 340–31–005(4)

to establish a new PM10 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

PM10; 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 28.12

The majority of the amendments to the

relocated Division 20 provisions were

administrative in nature and involved

renumbering and corrections to crossreferences 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
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 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.

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 PM10 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 PM10

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 NO2. 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

PM10, 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
10462 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

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 costeffective 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:

§ 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:

§ 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:

§ 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 § 52.1970, except for

compliance schedules under OAR 340–
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 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 federallyapproved 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:

§ 81.338 Oregon.

* * * * *

OREGON—PM–10

Designated Area

Designation Classification

Date Type Date Type

Central Oregon Intrastate AQCR 190:

Lakeview (the Urban Growth Boundary area) ................................................ 10/25/93 Nonattainment ....... 10/25/93 Moderate.

Klamath Falls (the Urban Growth Boundary area) ......................................... 11/15/90 Nonattainment ....... 11/15/90 Moderate.

Remainder of AQCR 190 ................................................................................ 11/15/90 Unclassifiable

Eastern Oregon Intrastate AQCR 191:

LaGrande (the Urban Growth Boundary area) ............................................... 11/15/90 Nonattainment ....... 11/15/90 Moderate.

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 Quality Maintenance Area) ............... 11/15/90 Unclassifiable

Eugene/Springfield (the Urban Growth Boundary area) ................................ 11/15/90 Nonattainment ....... 11/15/90 Moderate.

Oakridge (the Urban Growth Boundary area) ................................................ 1/20/94 Nonattainment ....... 1/20/94 Moderate.

Remainder of AQCR 193 (Oregon Portion) ................................................... 11/15/90 Unclassifiable

Southwest Oregon Intrastate AQCR 194:

Medford-Ashland Air Quality Maintenance Area (including White City) ......... 11/15/90 Nonattainment ....... 11/15/90 Moderate.

Grants Pass (the Urban Growth Boundary area) ........................................... 11/15/90 Nonattainment ....... 11/15/90 Moderate.

Remainder of AQCR 194 ................................................................................ 11/15/90 Unclassifiable

* * * * *

[FR Doc. 97–5645 Filed 3–6–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 81

[OH54–2; FRL–5698–4]

Designation of Areas for Air Quality

Planning Purposes: Ohio

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical

amendment.

SUMMARY: EPA is correcting the ozone

designation for Montgomery County,

Ohio to attainment. The designation

status was not correctly printed in 40

CFR 81.336. EPA published a final rule

designating Montgomery, Greene,

Miami and Clark Counties, Ohio

nonattainment for ozone, see 43 FR

8962 (March 3,1978), 43 FR 45993

(October 5, 1978), and the Code of

Federal Regulations, 40 CFR part 81. On

November 6, 1991 (56 FR 56694),

codified at 40 CFR 81.336, the above

areas were classified as moderate

nonattainment for ozone. More recently,

on May 5, 1995 (60 FR 22289) EPA

redesignated the above areas to

attainment for ozone due to ambient air

monitoring data showing no violations

of the ozone National Ambient Air

Quality Standards during the period

from 1990 through 1992. The

designation became effective on July 5,

1995. Inadvertently, however, the

revised Montgomery County, Ohio

ozone designation status was not

correctly printed in 40 CFR 81.336, as

intended by the May 5, 1995, Federal

Register action. It is being corrected in

this rule.

EFFECTIVE DATE: March 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Fayette Bright, Air Programs Branch,

Regulation Development Section (AR–

18J), U.S. Environmental Protection

Agency, 77 West Jackson Boulevard

(AR–18J), Chicago, Illinois 60604.

(312)886–6069.

SUPPLEMENTARY INFORMATION: Under

Executive Order 12866 (58 FR 51735,

October 4, 1993), this action is not a

‘‘significant regulatory action’’ and, is

therefore not subject to review by the

Office of Management and Budget. In

addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 112875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).