[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Rules and Regulations]
[Pages 2690-2693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-610]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[OR35-1-6188a, OR43-1-6523a, OR36-1-6298a; FRL-5113-7]


Approval and Promulgation of Implementation Plans: Oregon

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) is approving revisions 
to the State of Oregon's Air Quality Control Plan Volume 2 (The Federal 
Clean Air Act State Implementation Plan and Other State Regulations). 
Specifically, EPA is approving revisions to Oregon Administrative Rules 
(OAR) Chapter 340, Division 25 and revisions to Title 47 of Lane 
Regional Air Pollution Authority (LRAPA).
    The revisions to Division 25, submitted to EPA on May 28, 1993, and 
November 15, 1993, and the revisions to Title 47, submitted on April 
13, 1994, satisfy the requirements of section 110 of the Clean Air Act 
(CAA) and 40 CFR part 51.

DATES: This final rule is effective on March 13, 1995, unless adverse 
or critical comments are received by February 10, 1995. 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, Air & Radiation Branch (AT-082), EPA, 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, Air & 
Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington 
98101, and the Oregon Department of Environmental Quality, 811 SW. 
Sixth Avenue, Portland, Oregon 97204-1390.

FOR FURTHER INFORMATION CONTACT: Rindy Ramos, Air & Radiation Branch 
(AT-082), EPA, Seattle, Washington 98101, (206) 553-6510.

SUPPLEMENTARY INFORMATION:

I. Background

    The Oregon Department of Environmental Quality (ODEQ) submitted to 
EPA two separate revisions to OAR, Division 25 on May 28, 1993. A 
third, and separate revision, to Division 25 was submitted on November 
15, 1993. In addition, ODEQ submitted a revision to Lane Regional Air 
Pollution Authority's (LRAPA) Title 47, Outdoor Open Burning, on April 
13, 1994.
    The first revision to Division 25, submitted May 28, 1993, became 
state effective on January 24, 1990. The submittal contained revisions 
to Oregon's Kraft Pulp Mill Rules (OAR 340-25-150 through 205) and 
Oregon's Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills (OAR 340-25-
220 through 234).
    The second revision submitted on May 28, 1993, to Division 25 
became state effective March 10, 1993. This revision contained 
editorial changes to the following rules: Wigwam Waste Burners (OAR 
340-25-005 through 025), Hot Mix Asphalt Plants (OAR 340-25-105 through 
125), Kraft Pulp Mills (OAR 340-25-150 through 205), Primary Aluminum 
Plants (OAR 340-25-255 through 285), Specific Industrial Standards (OAR 
340-25-305 through 325), Regulations for Sulfite Pulp Mills (OAR 340-
25-350 through 380), and Laterite Ore Production of Ferronickel (OAR 
340-25-405 through 430). The editorial changes are considered 
housekeeping in nature.
    A third revision to Division 25 submitted November 15, 1993, became 
state effective November 4, 1993. This submittal contained specific 
revisions to OAR 340-25-160, 222, 275, 310, and 420.
    The revision to LRAPA's Title 47, Outdoor Open Burning, submitted 
on April 13, 1994, became state effective January 1, 1993. This 
submittal revised Sections 47-010, 47-015, 47-020, 47-025, and 47-030.

[[Page 2691]]

II. Discussion

OAR 340-25-150 to 205 and OAR 340-25-220 to 234

    A revision to OAR Chapter 340, Division 25, specifically revisions 
to the Kraft Pulp Mill rules (sections 150 to 205), was previously 
submitted to EPA on May 30, 1986. During EPA's review, numerous 
deficiencies were noted and conveyed to ODEQ. A major deficiency was 
the lack of a demonstration ensuring attainment and maintenance of the 
National Ambient Air Quality Standards (NAAQS), a demonstration that 
the revision would not result in significant deterioration of air 
quality, and an insurance of progress towards meeting the national 
visibility goal.
    The above demonstration was needed, in part, because the revision 
included an increase in the allowable opacity limit from 20% to 35% for 
kraft recovery furnaces. Of primary concern were those sources located 
in Special Control Areas as defined in OAR 340-21-010.
    To address EPA's concerns, ODEQ conducted an analysis identifying 
the sources affected by the revised opacity limits, quantified the 
theoretical changes in emissions, and predicted the maximum particulate 
impacts. The analysis concluded that the rule revision will ensure 
attainment and maintenance of the NAAQS, will not result in significant 
deterioration of air quality, and will ensure progress towards meeting 
the national visibility goal. This analysis accompanied the May 28, 
1993 submittal.
    The submittal also contained new rules (OAR 340-25-220 through 234) 
for Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills. Prior to 
development of these regulations, emissions from this source class were 
regulated by the state's sulfite pulp mill regulations. To more 
accurately control emissions from neutral sulfite semi-chemical pulp 
mills, specific regulations were developed.
    EPA has determined that the Kraft Pulp Mill regulations (OAR 340-
25-150 through 205) and the Neutral Sulfite Semi-Chemical Pulp Mill 
regulations (OAR 340-25-220 through 234), as they relate to particulate 
matter and sulfur dioxide, meet the requirements of the Clean Air Act, 
as amended, and 40 CFR Part 51. The rules include well defined short 
term (3 hour and 24 hour) emission standards required to conform with 
the appropriate short term NAAQS. The emission standards, therefore; 
satisfy EPA's enforceability requirements.
    In addition to particulate matter and sulfur dioxide, the 
regulations discussed above set specific emission limitations for total 
reduced sulfur (TRS). Because TRS is not a pollutant for which a NAAQS 
has been established, EPA is taking no action to either approve or 
disapprove those portions of the regulations relating to TRS and they 
are not to be considered as official portions of the SIP. EPA is 
therefore approving OAR 340-25-150 through 205 and OAR 340-25-220 
through 234 excluding all references to TRS.

OAR 340-25-005 to 025 and OAR 340-25-105 to 430

    ODEQ submitted to EPA housekeeping amendments to OAR Chapter 340, 
Divisions 14, 20 through 27, 30, 31, and 34 on May 28, 1993, as one 
submittal packet. EPA has decided to separate the Division 25 
amendments from the May 28, 1993, submittal and take action on the 
amendments in this notice. The remaining divisions revised by the 
housekeeping amendments will be acted on separately.
    The housekeeping amendments include updated statutory citations, 
the removal of passed compliance dates and outdated regulations, and 
correcting typographical and grammatical errors. The amendments do not 
have any administrative, legal or economic effect. EPA is approving the 
revision as submitted.

OAR 340-25-160, 222, 275, 310, and 420

    The November 15, 1993, submittal repealed the general authority 
requiring the highest and best practicable treatment and control of air 
contaminant emissions contained in the above rules. The general 
authority requiring the highest and best practicable treatment and 
control of air contaminant emission is now contained in OAR 340-28-600. 
EPA is approving the revision as submitted.

LRAPA Title 47--Outdoor Open Burning

    The April 13, 1994, submittal contained revisions to LRAPA's Title 
47, specifically revisions to Sections 47-010, 47-015, 47-020, 47-025, 
and 47-030.
    Title 47 was revised, in part, to reduce emissions from backyard 
open burning in the area outside the city limits of Eugene and 
Springfield, Oregon, but inside the Eugene-Springfield Urban Growth 
Area (ESUGA). The rules restrict burning to only woody yard materials 
on lots of one-half acre or more. The rules also ban commercial, 
industrial and demolition burning within the ESUGA. However, prescribed 
burning of standing vegetation may be permitted under certain 
conditions (see section 47-020).
    The rules, which meet EPA's enforceability requirements, will 
reduce smoke impacts and result in a reduction in particulate matter 
emissions in the ESUGA. The rules are also more stringent than the 
existing federally approved regulations. EPA is approving the revision 
as submitted.

III. Summary of Action

    EPA is approving revisions to OAR Chapter 340, Division 25, as 
submitted on May 28, 1993 and November 15, 1993, except for those rules 
which pertain to TRS. EPA is also approving a revision to LRAPA's Title 
47 as submitted April 13, 1994.

IV. Administrative Review

    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 CAA 
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 CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410(a)(2).
    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 March 13, 1995, unless, within 30 days of its publication, 
adverse or critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the

[[Page 2692]]

effective date by publishing a subsequent notice 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 March 13, 1995.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air 
Act Amendments enacted on November 15, 1990. The EPA has determined 
that this action conforms with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The OMB has exempted this regulatory action from 
E.O. 12866 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 March 13, 1995. 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, and Sulfur oxides.

    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: November 16, 1994.
Chuck Clarke,
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)(110) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (110) On May 28, 1993, the Director of ODEQ submitted two separate 
sets of revisions to its air quality regulations, OAR, Chapter 340, 
Division 25. One submittal was housekeeping amendments affecting all of 
Division 25; the second submittal was specifically Kraft Pulp Mill 
rules (OAR 340-25-150 through -205) and Neutral Sulfite Semi-Chemical 
Pulp Mill regulations (OAR 340-25-220 through -234). On November 15, 
1993, the Director of ODEQ submitted a revision to OAR, Chapter 340, 
Division 25. On April 13, 1994, the Director of ODEQ submitted 
revisions to the Oregon SIP for LRAPA's Title 47, Outdoor Open Burning.
    (i) Incorporation by reference.
    (A) EPA received on May 28, 1993, two letters from the Director, 
ODEQ, to the Regional Administrator, EPA, submitting housekeeping 
amendments to Division 25: Housekeeping amendments to Division 25 (OAR 
340-25-005 through 025 and OAR 340-25-105 through 340-25-430), 
effective March 10, 1993; and revisions to the Oregon SIP for Kraft 
Pulp Mill Amendments and Neutral Sulfite Semi-Chemical Pulp Mill 
Regulations: Kraft Pulp Mill Rules (OAR 340-25-150 through 205) and the 
Neutral Sulfite Semi-Chemical Pulp Mill Pulp Mills (OAR 340-25-220 
through 234), excluding all references to total reduced sulfur, 
effective January 24, 1990.
    (B) November 15, 1993, letter from the Director, ODEQ, to the 
Regional Administrator, EPA, submitting revisions to the Oregon SIP for 
OAR, Chapter 340, Division 25: Amendments to OAR Chapter 340, Division 
25 (OAR 340-25-160, 340-25-222, 340-25-275, 230-25-310, 340-25-420), 
effective November 4, 1993.
    (C) April 13, 1994, letter from the Director, ODEQ, to the Regional 
Administrator, EPA, submitting revisions to LRAPA, Title 47: Title 47, 
Lane Regional Air Pollution Authority, August 11, 1992, Outdoor Open 
Burning, effective January 1, 1993.
    3. Section 52.1977 is amended by revising the entry for ``Division 
25-Specific Industrial Standards Construction and Operation of Wigwam 
Waste Burners,'' and the entry for ``3.2 Lane Regional Air Pollution 
Authority Regulations, Title 47 Rules for Open Outdoor Burning.''


Sec. 52.1977  Content of approved State submitted implementation plan.

* * * * *

Division 25--Specific Industrial Standards Construction and Operation 
of Wigwam Waste Burners

Sec. 005  Definitions (3-10-93)
Sec. 010  Statement of Policy (3-10-93)
Sec. 015  Authorization to Operate a Wigwam Burner (3-10-93)
Sec. 020  Emission and Operation Standards for Wigwam Waste Burners 
(3-10-93)
Sec. 025  Monitoring and Reporting (3-10-93)

Hot Mix Asphalt Plants

Sec. 105  Definitions (3-10-93)
Sec. 110  Control Facilities Required (3-10-93)
Sec. 115  Other Established Air Quality Limitations (3-10-93)
Sec. 120  Portable Hot Mix Asphalt Plants (3-10-93)
Sec. 125  Ancillary Sources of Emission--Housekeeping of Plant 
Facilities (3-10-93)

Kraft Pulp Mills

Sec. 150  Definitions--excluding any reference to TRS (3-10-93)
Sec. 155  Statement of Policy (3-10-93)
Sec. 160  Repealed
Sec. 165  Emission Limitations--excluding any reference to TRS (3-
10-93)
Sec. 170  More Restrictive Emission Limits (3-10-93)
Sec. 175  Plans and Specifications (3-10-93)
Sec. 180  Monitoring--excluding any reference to TRS (3-10-93)
Sec. 185  Reporting--excluding any reference to TRS (3-10-93)
Sec. 190  Upset Conditions--excluding any reference to TRS (3-10-93)
Sec. 195  Repealed
Sec. 205  Chronic Upset Conditions (1-24-90)

Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills

Sec. 220  Definitions (3-10-93)
Sec. 222  Repealed
Sec. 224  Emission Limitations--excluding any reference to TRS (3-
10-93)
Sec. 226  More Restrictive Emission Limits--excluding any reference 
to TRS (3-10-93)
Sec. 228  Plans and Specifications (3-10-93)
Sec. 230  Monitoring--excluding any reference to TRS (3-10-93)

[[Page 2693]]

Sec. 232  Reporting--excluding any reference to TRS (3-10-93)
Sec. 234  Upset Conditions--excluding any reference to TRS (3-10-93)

Primary Aluminum Plants

Sec. 255  Statement of Purpose (3-10-93)
Sec. 260  Definitions (3-10-93)
Sec. 265  Emission Standards (3-10-93)
Sec. 270  Special Problem Areas (3-10-93)
Sec. 275  Repealed
Sec. 280  Monitoring (3-10-93)
Sec. 285  Reporting (3-10-93)

Specific Industrial Standards

Sec. 305  Definitions (3-10-93)
Sec. 310  General Provisions (11-4-93)
Sec. 315  Veneer and Plywood Manufacturing Operations (3-10-93)
Sec. 320  Particleboard Manufacturing Operations (3-10-93)
Sec. 325  Hardboard Manufacturing Operations (3-10-93)

Regulations for Sulfite Pulp Mills

Sec. 350  Definitions (3-10-93)
Sec. 355  Statement of Purpose (3-10-93)
Sec. 360  Minimum Emission Standards (3-10-93)
Sec. 365  Repealed
Sec. 370  Monitoring and Reporting (3-10-93)
Sec. 375  Repealed
Sec. 380  Exceptions (3-10-93)

Laterite Ore Production of Ferronickel

Sec. 405  Statement of Purpose (3-10-93)
Sec. 410  Definitions (3-10-93)
Sec. 415  Emission Standards (3-10-93)
Sec. 420  Repealed
Sec. 425  Repealed
Sec. 430  Monitoring and Reporting (3-10-93)
* * * * *

3.2  Lane Regional Air Pollution Authority Regulations

* * * * *

Title 47  Rules for Open Outdoor Burning

47-001  General Policy (8-14-84)
47-005  Statutory Exemptions from These Rules (8-14-84)
47-010  Definitions (9-8-92)
47-015  Open Burning Requirements (9-8-92)
47-020  Letter Permits (9-8-92)
47-025  Repealed
47-030  Summary of Seasons, Areas, and Permit Requirements for Open 
Outdoor Burning (9-8-92)
* * * * *
[FR Doc. 95-610 Filed 1-10-95; 8:45 am]
BILLING CODE 6560-50-P