[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Rules and Regulations]
[Pages 24935-24936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11882]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OR-67-7282, OR-70-7285; FRL-5976-5]


Approval and Promulgation of State Implementation Plans: Oregon

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: Pursuant to procedures described in the January 19, 1989 
Federal Register, EPA recently approved two minor State Implementation 
Plan (SIP) revisions submitted by the Oregon Department of 
Environmental Quality (ODEQ). These revisions include: changes to the 
definition of Volatile Organic Compounds (VOC) in the Oregon 
Administrative Rules (OAR) consistent with changes made in the federal 
definition and delisting certain compounds no longer considered VOCs; 
and, changes in the OAR that increase Air Contaminant Discharge Permit 
Fees for stationary sources to recover costs of operating the state 
permit program. This document lists the revisions EPA has approved and 
incorporates the relevant material into the Code of Federal 
Regulations.

EFFECTIVE DATE: June 5, 1998.

ADDRESSES: Copies of Oregon's State SIP revision requests and EPA's 
letter notices of approval are available for public inspection during 
normal business hours at the following locations: EPA, Region 10, 
Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 
98101; State of Oregon Department of Environmental Quality, 811 SW 
Sixth Ave., Portland, OR 97204-1390.

FOR FURTHER INFORMATION CONTACT: Tracy Oliver, Office of Air Quality 
(OAQ-107), EPA, Seattle, Washington, (206) 553-1388.

SUPPLEMENTARY INFORMATION: EPA Region 10 has approved the following 
minor SIP revision requests under section 100(a) of the Clean Air Act 
(Act):

----------------------------------------------------------------------------------------------------------------
                                                                                      Date of         Date of   
                 State                                Subject matter                submission       approval   
----------------------------------------------------------------------------------------------------------------
OR.....................................  Changes to the definition of VOC in the         5-22-97         6-16-97
                                          OAR consistent with changes in the                                    
                                          federal definition. Delisting                                         
                                          perchloroethylene, acetone, HFC 43-                                   
                                          10mee and HCFC 225ca and cb which are                                 
                                          no longer considered VOCs.                                            
OR.....................................  Changes in the OAR that increase the           11-13-97         2-13-98
                                          Air Contaminate Permit Fees for                                       
                                          stationary sources and allow the state                                
                                          to recover the costs of operating the                                 
                                          permit program.                                                       
----------------------------------------------------------------------------------------------------------------


[[Page 24936]]

    EPA has determined that each of these SIP revisions complies with 
all applicable requirements of the Act and EPA policy and regulations 
concerning such revisions. Due to the minor nature of these revisions, 
EPA concluded that conducting notice-and-comment rulemaking prior to 
approving the revisions would have been ``unnecessary and contrary to 
the public interest'' and hence not required by the Administrative 
Procedure Act, 5 U.S.C. 553(b). Each of these SIP approvals became 
final and effective on the date of EPA approval as listed in the chart 
above.

I. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D, of the 
Clean Air 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, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of State action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (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 Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
major rule as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 6, 1998. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, 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 20, 1998.
Chuck Findley,
Acting Regional Administrator, Region X.

    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: U.S.C. 7401 et seq.

Subpart MM--Oregon

    2. Section 52.1970 is amended by adding paragraph (c)(123) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (123) On May 22, 1997, ODEQ submitted changes to the definition of 
Volatile Organic Compounds (VOC) in the Oregon Administrative Rules 
(OAR) consistent with changes made in the federal definition and 
delisted certain compounds no longer considered VOCs under the new 
definition. On November 13, 1997, ODEQ submitted changes in the OAR 
that increased Air Contaminant Discharge Permit Fees for stationary 
sources to recover costs of operating the state permit program.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules 340-022-0102(73) and 340-028-
0110(129), effective May 9, 1997; Oregon Administrative Rule 340-028-
1750, effective August 27, 1997.

[FR Doc. 98-11882 Filed 5-5-98; 8:45 am]
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