[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36824-36837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16371]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0238, FRL-9981-61--Region 10]
Air Plan Approval; Oregon: Lane County Permitting and General
Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve,
and incorporate by reference, specific changes to the Oregon State
Implementation Plan as it applies in Lane County, Oregon. The local air
[[Page 36825]]
agency in Lane County, Lane Regional Air Protection Agency, has revised
its rules to align with recent changes to Oregon state regulations. The
revisions, submitted on August 29, 2014 and March 27, 2018, are related
to the criteria pollutants for which the EPA has established national
ambient air quality standards--carbon monoxide, lead, nitrogen dioxide,
ozone, particulate matter, and sulfur dioxide. The regulatory changes
address federal particulate matter requirements, update the major and
minor source pre-construction permitting programs, add state-level air
quality designations, update public processes, and tighten emission
standards for dust and smoke.
DATES: Comments must be received on or before August 30, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0238, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Evaluation of Revisions
A. Title 12: General Provisions and Definitions
B. Title 13: General Duties and Powers of Board and Director
C. Title 14: Rules of Practice and Procedures
D. Title 29: Designation of Air Quality Areas
E. Title 30: Incinerator Regulations
F. Title 31: Public Participation
G. Title 32: Emission Standards
H. Title 33: Prohibited Practices and Control of Special Classes
of Industry
I. Title 34: Stationary Source Notification Requirements
J. Title 35: Stationary Source Testing and Monitoring
K. Title 36: Excess Emissions
L. Title 37: Air Contaminant Discharge Permits
M. Title 38: New Source Review
N. Title 40: Air Quality Analysis Requirements
O. Title 41: Emission Reduction Credits
P. Title 42: Criteria for Establishing Plant Site Emission
Limits
Q. Title 48: Rules for Fugitive Emissions
R. Title 50: Ambient Air Standards and PSD Increments
S. Title 51: Air Pollution Emergencies
III. Proposed Action
A. Rules Approved and Incorporated by Reference
B. Rules Approved but Not Incorporated by Reference
C. Rules Removed
D. Rules Deferred
IV. Incorporation by Reference
V. Oregon Notice Provision
VI. Statutory and Executive Order Reviews
I. Background
Each state has a Clean Air Act (CAA) State Implementation Plan
(SIP), containing the control measures and strategies used to attain
and maintain the national ambient air quality standards (NAAQS)
established for the criteria pollutants (carbon monoxide, lead,
nitrogen dioxide, ozone, particulate matter, sulfur dioxide). The SIP
contains such elements as air pollution control regulations, emission
inventories, attainment demonstrations, and enforcement mechanisms. The
SIP is a living compilation of these elements and is revised and
updated by a state over time--to keep pace with federal requirements
and to address changing air quality issues in that state.
The Oregon Department of Environmental Quality (ODEQ) implements
and enforces the Oregon SIP through rules set out in Chapter 340 of the
Oregon Administrative Rules (OAR). Chapter 340 rules apply in all areas
of the state, except where the Oregon Environmental Quality Commission
(EQC) has designated a local agency as having primary jurisdiction.
Lane Regional Air Protection Agency (LRAPA) has been designated by
the EQC to implement and enforce state rules in Lane County, and also
to adopt local rules that apply within Lane County. LRAPA may
promulgate a local rule in lieu of a state rule provided: (1) It is as
strict as the corresponding state rule; and (2) it has been submitted
to and not disapproved by the EQC.\1\ This delegation of authority in
the Oregon SIP is consistent with CAA section 110(a)(2)(E) requirements
for state and local air agencies.
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\1\ See OAR 340-200-0010(3), state effective April 16, 2015,
codified at 40 CFR 52.1970.
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On August 29, 2014 and March 27, 2018, LRAPA and ODEQ submitted
specific revisions to the Oregon SIP as it applies in Lane County.
These changes align local rules with recently revised state rules,
approved by the EPA on October 11, 2017 and incorporated by reference
into the Code of Federal Regulations (CFR) at 40 CFR part 52, subpart
MM (82 FR 47122). The changes address federal particulate matter
requirements, revise the major and minor source pre-construction
permitting programs, add state-level air quality designations, update
public processes, and tighten emission standards for dust and smoke.
We note that the March 27, 2018, revisions partially supersede the
August 29, 2014, revisions. In this action, we are reviewing and taking
action on the most recent version of the submitted rules applicable in
Lane County, as described below. In describing our evaluation, we have
focused on the substantive rule changes. We have not described
typographical corrections, minor edits, and renumbering changes.
II. Evaluation of Revisions
A. Title 12: General Provisions and Definitions
Title 12 in LRAPA's rules contains generally-applicable provisions
and definitions used throughout Lane County air quality rules. The
submitted revisions align the definitions in Section 12-005 with the
definitions in state rules, recently reviewed and approved by the
EPA.\2\ In this section of our evaluation, we discuss key changes to
existing definitions and substantive new terms used in multiple titles.
Terms used primarily in a single title are described in the discussion
section for that particular title.
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\2\ See OAR 340-200-0020, state effective April 16, 2015, and
approved by the EPA on October 11, 2017 (82 FR 47122).
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Key definition changes include narrowing the definition of
``adjacent'' by limiting the use of this defined term (``interdependent
facilities that are nearby to each other'') to the ``major source'' and
``source'' terms in LRAPA's program for air contaminant discharge
permits. Definitions of the terms ``capture efficiency,'' ``control
efficiency,'' ``destruction efficiency,''
[[Page 36826]]
and ``removal efficiency'' were added to differentiate amongst similar
terms.
LRAPA revised the term ``categorically insignificant activities''
to narrow when emissions may be excluded from consideration--in some
aspects of source permitting--as ``insignificant.'' For example, there
is a cap on the aggregate emissions from fuel burning equipment that
may be considered categorically insignificant, and there is also a
restriction on when emergency generators may be considered
categorically insignificant (limiting the exemption to no more than
3,000 horsepower, in the aggregate). We note that LRAPA adopted a new
category of insignificant emissions, as Oregon did, namely, fuel
burning equipment brought on site for six months or less for
construction, maintenance, or similar purposes, provided the equipment
performs the same function as the permanent equipment, and is operated
within the source's existing plant site emission limit. Importantly,
however, insignificant activity emissions must be included in
determining whether a source is a ``federal major source'' or a ``major
modification'' subject to federal major new source review (federal
major NSR).\3\ In addition, categorically insignificant activities must
still comply with all applicable requirements.
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\3\ This includes both the prevention of significant
deterioration (PSD) new source review permitting program that
applies in attainment and unclassifiable areas (40 CFR 51.166) and
the nonattainment major source new source review permitting program
that applies in nonattainment areas (40 CFR 51.165).
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LRAPA revised definitions to consistently use certain terms, such
as ``construction,'' ``control device,'' ``federal major source,''
``immediately,'' ``fugitive emissions,'' ``major modification,''
``major source,'' ``PM10,'' ``PM2.5,'' and
``stationary source.'' LRAPA added definitions to align with state
rules, including ``continuous compliance determination method,''
``emergency,'' ``emission limitation,'' ``excursion,'' ``greenhouse
gases,'' ``Indian governing body,'' ``Indian reservation,'' ``potential
to emit,'' and ``synthetic minor source.'' The term ``internal
combustion engine'' was defined to clarify the universe of regulated
fuel burning equipment under local rules.
In the definition of ``opacity,'' LRAPA spelled out that visual
opacity determinations are to be made using EPA Method 203B. Method
203B is designed for time-exception regulations, such as those that
establish a limit on the average percent opacity for a period or
periods aggregating more than three minutes in any one hour. There are
a small number of LRAPA visible emissions standards that are not time-
exception regulations, and in those cases, LRAPA rules specify a
different test method, including, for example, EPA Method 9. All
specified methods are included in the March 2015 version of the Oregon
Source Sampling Manual, approved by the EPA on October 11, 2017, for
purposes of the limits in the Oregon SIP (82 FR 47122). Please see our
discussion of opacity standards and methods for visual opacity
determinations in Section H. below.
Consistent with the state definition, LRAPA defined the term
``portable'' as ``designed and capable of being carried or moved from
one location to another.'' At the same time, the definition of
``stationary source'' was updated to include portable sources required
to have permits under the air contaminant discharge permitting program
at Title 37.
LRAPA changed the definition of ``modification'' to differentiate
it from the terms ``major modification'', ``permit modification'', and
``title I modification'', and to make clear that it applies to a change
in a portion of a source, as well as a source in its entirety. LRAPA
also simplified the definition of ``ozone precursor'' to remove
redundant language pointing to the reference method for measuring
volatile organic compounds (VOCs). The term ``VOC'' was also updated to
reflect changes to the federal definition of ``VOC'' at 40 CFR
51.100(s).
LRAPA formally defined ``wood fuel-fired device'', consistent with
the definition in state rules. The term was added and defined as ``a
device or appliance designed for wood fuel combustion, including
cordwood stoves, woodstoves, and fireplace stove inserts, fireplaces,
wood fuel-fired cook stoves, pellet stoves and combination fuel
furnaces and boilers that burn wood fuels.'' The remainder of the new
definitions established by LRAPA in Title 12 are common dictionary
terms and are not discussed in this summary.
We have evaluated these Title 12 definition changes, and the
changes to definitions discussed in the sections below, and we propose
to find that LRAPA's defined terms are consistent with CAA requirements
and the EPA's implementing regulations. We therefore propose to approve
the submitted definitions into the Oregon SIP for Lane County.
Other Provisions
The revisions also include general rules in Title 12 submitted to
be consistent with state rules in Division 200. LRAPA revised Section
12-001 General to align with OAR 340-200-0010 Purpose and Application,
including repealing the SIP-approved version of Section 12-001(2),
state effective March 8, 1994, and renumbering the section paragraphs.
Section 12-001(2) stated that ``in cases of apparent conflict between
rules and regulations within these titles, the most stringent
regulation applies unless otherwise expressly stated,'' and is
appropriately removed from the SIP.
Section 12-010 was added to spell out abbreviations and acronyms
used throughout the Lane County air quality rules, consistent with OAR
340-200-0025. LRAPA also added Section 12-020 listing activities that
are not subject to local air quality regulations, comparable to OAR
340-200-0030 and Oregon Revised Statutes (ORS) 468A-020. Section 12-
020(2) makes clear, however, that the exceptions in subsection (1) do
not apply to the extent such local air regulations are necessary to
implement CAA requirements. We note that LRAPA added Section 12-025
identifying key reference materials, including the March 2015 version
of the Oregon Source Sampling Manual, approved by the EPA into the
Oregon SIP on October 11, 2017 (82 FR 47122). We propose to approve and
incorporate by reference these changes to Title 12.
Consistent with our recent action on OAR 340-200-0050, LRAPA did
not submit Section 12-030 Compliance Schedules for approval into the
SIP. Any compliance schedule established by LRAPA under this provision
must be specifically submitted to, and approved by the EPA, before it
will be federally-enforceable or change the requirements of the EPA-
approved SIP.\4\
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\4\ 40 CFR 51.102(a)(2) and (c) and 260; 82 FR 47122, October
11, 2017.
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B. Title 13: General Duties and Powers of Board and Director
Title 13 sets out general authority to adopt, implement and enforce
regulations in Lane County, including issuing permits. These general
authority provisions were first approved into the Oregon SIP in 1993
(58 FR 47385, September 9, 1993). We note, that at the time of that
original approval, the general authority provisions were located in
Title 12, and were later renumbered to Title 13. These provisions
contain long-standing requirements for make-up of the LRAPA Board and
disclosures of potential conflicts of interest for board members and
director, approved as meeting CAA
[[Page 36827]]
state board requirements under section 128.\5\
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\5\ LRAPA Section 12-025, renumbered to Section 13-025; 58 FR
47385, September 9, 1993.
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We propose to find that the submitted updates to Title 13 remain
consistent with CAA section 110 requirements for permit issuance,
enforcement authority, state and local agencies, and state boards. In
this action, we are proposing to approve Title 13 to the extent the
provisions relate to the implementation of requirements in the SIP, but
we note we are not incorporating these provisions by reference into 40
CFR part 52, subpart MM. These types of rules are generally not
incorporated by reference into the CFR because they may conflict with
the EPA's independent administrative and enforcement procedures under
the CAA.
C. Title 14: Rules of Practice and Procedures
The submissions revise Title 14 to align with Oregon's SIP-approved
state rules in Division 11. LRAPA's revisions follow the Oregon
Attorney General Model Rules, as do the comparable Oregon rules, and
address procedures for filing and serving documents in contested cases
(appeals of LRAPA and ODEQ actions). Title 14 was revised to improve
the clarity and completeness of contested case appeals coming before
the LRAPA Board. This title provides authority needed to implement the
SIP in Lane County, and is consistent with the CAA requirements for the
issuance of permits and enforcement authority. The EPA therefore
proposes to approve the submitted revisions to Title 14 Rules of
Practice and Procedures, to the extent it relates to implementation of
requirements contained in the Oregon SIP. We are not incorporating
these rules by reference into the CFR, however, because we rely on the
EPA's independent administrative and enforcement procedures under the
CAA.
D. Title 29: Designation of Air Quality Areas
This division contains rules for the designation of air quality
areas in Lane County. In Section 29-0010, LRAPA culled definitions to
leave only those directly related to designated areas in Lane County,
including Eugene-Springfield and Oakridge. Sections 29-0020, 0050, and
0060 were added to mirror state air quality region and prevention of
significant deterioration area rules in OAR 340-204-0020, 0050, and
0060, respectively. Section 29-0030 addresses the two nonattainment
areas in Lane County, namely the Oakridge Urban Growth Boundary (coarse
particulate matter (PM10)) and the Oakridge Nonattainment
Area (fine particulate matter (PM2.5)). In addition, LRAPA
added Sections 29-0070 Special Control Areas, 29-0080 Motor Vehicle
Inspection Boundary Designations, and 29-0090 Oxygenated Gasoline
Control Areas, to correspond to state rule sections OAR 340-204-0070,
0080, and 0090, respectively.
A significant change in this title is the introduction of three
concepts: ``sustainment areas,'' ``reattainment areas,'' and
``priority'' sources.\6\ Both sustainment and reattainment areas are
state-level designations designed to add to federal requirements. We
note that LRAPA and Oregon have both implemented a state-level
designation in the past--specifically, the maintenance area
designation. Following Oregon's lead, LRAPA is now defining two added
state designations intended to help areas address air quality problems
by further regulating emission increases from major and minor sources.
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\6\ See Sections 29-0300 through 0320 and the corresponding
state provisions at OAR 340-204-0300 through 0320.
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To designate an area as sustainment or reattainment, the LRAPA rule
revisions create a similar process as was used in the past to designate
a maintenance area. The process includes public notice, a rule change,
and approval by the LRAPA Board. Oregon and LRAPA designed the new
designations and associated requirements with the stated intent to help
solve air quality issues while not changing attainment planning
requirements or federal requirements for major stationary sources.
The sustainment area designation is designed to apply to an area
where monitored values exceed, or have the potential to exceed, ambient
air quality standards, but which has not been formally designated
nonattainment by the EPA.\7\ To construct or modify a major or minor
source in a sustainment area, the owner or operator may need to offset
new emissions with reductions from other sources, including the option
of targeting ``priority'' sources, in that area. Priority sources are
defined as sources causing or contributing to elevated emissions levels
in the area. This is determined using local airshed information, such
as emissions inventories and modeling results. A new major or minor
stationary source seeking to construct in a sustainment area may obtain
more favorable offsets from priority sources.
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\7\ As codified at 40 CFR part 81.
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The reattainment area designation is designed to apply to an area
that is formally designated nonattainment by the EPA, but that has
achieved three years of quality-assured/quality-controlled monitoring
data showing the area is attaining the relevant standard.\8\ When an
area has met attainment planning requirements and has attained the
standard, the CAA requires that a state submit, and the EPA approve, a
maintenance plan demonstrating attainment for the next ten years. The
state may then request that the EPA redesignate the area to attainment.
In the interim, LRAPA may designate the area a reattainment area. The
submitted rules require that all elements of the area's attainment plan
continue to apply with a reattainment designation. However, minor
sources will be subject to less stringent state new source review
permitting requirements--unless the source has been specifically
identified as a significant contributor to air quality problems in the
area, or the source has control requirements that are relied on as part
of the attainment plan. The federal requirements for redesignation
remain in place and are unchanged.
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\8\ See Section 29-0310.
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In the submissions, LRAPA included the Oakridge area as a state-
designated reattainment area with respect to PM2.5.\9\ We
note that at the federal level, the EPA has approved the Oakridge
PM2.5 attainment plan, determined the Oakridge area attained
the 2006 24-hour PM2.5 NAAQS by the applicable attainment
date, and achieved clean data for the most recent three years of valid,
certified monitoring data (83 FR 5537, February 8, 2017). However, the
Oakridge area remains a federal nonattainment area for the 2006 24-hour
PM2.5 NAAQS until LRAPA and Oregon submit a maintenance plan
to the EPA to ensure the area can continue to meet the standard for the
next 10 years, and the EPA approves the maintenance plan and
redesignates the Oakridge area to attainment.\10\ We propose to
determine that designation of the Oakridge area as a state reattainment
area does not change federal requirements for the area, and that the
Oakridge PM2.5 attainment plan remains in effect.
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\9\ See Section 29-0310(2)(a).
\10\ See 40 FR 81.338.
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We propose to approve these revisions to Title 29 because the
submitted rules for state-level designations are consistent with CAA
requirements and the EPA's implementing regulations for attainment
planning and major source pre-construction permitting. The related
changes to LRAPA's major and minor source permitting program--and our
[[Page 36828]]
evaluation of those changes--are discussed in detail in Section M.
below.
E. Title 30: Incinerator Regulations
The submissions made changes to LRAPA's incinerator regulations
consistent with those in state rule at Division 230. Most changes were
minor; however, a significant change was made to tighten limits and
clarify the appropriate method of compliance for crematory
incinerators. Consistent with our previous action on August 3, 2001, we
propose to approve the revisions to Title 30, except as those rules
relate to hazardous air pollutants and odors that are not also criteria
pollutants or precursors (66 FR 40616).
F. Title 31: Public Participation
Title 31 governs public participation in the review of proposed
permit actions. This title corresponds to Division 209 in state rules.
LRAPA submitted this title for SIP approval, consistent with recent
changes to Oregon's public participation rules. Title 31 provides four
different levels of public process, depending on the type of permitting
action, with Category I having the least amount of public notice and
opportunities for public participation, and Category IV having the
most. The majority of new source review permitting actions are subject
to category III, for which LRAPA provides public notice and an
opportunity for a hearing at a reasonable time and place if requested,
or if LRAPA otherwise determines a public hearing is necessary.
Category IV public process apply to major new source review permitting
actions, and LRAPA provides an informational meeting before issuing a
draft permit for public review and comment.
LRAPA has aligned the requirements for informational meetings with
state rules in Division 209, to provide at least a 14-day public
notice, before the scheduled informational meeting. The submitted rules
also make clear that although LRAPA accepts, and will consider,
comments from the public during the informational meeting, LRAPA does
not maintain an official record of the informational meeting, or
respond in writing to comments provided at the informational meeting.
This same approach to informational meetings in state rules was
approved by the EPA into the Oregon SIP on October 11, 2017 (82 FR
47122).
The submissions also addressed public participation requirements
for permitting in state-designated sustainment and reattainment areas,
detailed the option of email notification, and identified where public
comment records are made available for review. Hearing procedures, laid
out at Section 31-0070, correlate with hearing provisions at OAR 340-
209-0070. We propose to approve the hearing procedures, but not
incorporate them by reference, to avoid confusion or potential conflict
with the EPA's independent authorities.
In sum, we have concluded that the submitted LRAPA public
participation rules are consistent with the CAA and federal
requirements for public notice of new source review actions in 40 CFR
51.161 Public availability of information, 40 CFR 51.165 Permit
requirements, and 40 CFR 51.166 Prevention of significant deterioration
of air quality, and we propose to approve them.
G. Title 32: Emission Standards
This title contains emission standards and provisions of general
applicability, including requirements for highest and best practicable
treatment and control, operating and maintenance, typically achievable
control technology, additional requirements imposed on a permit by
permit basis, particulate emission limits for process equipment and
other sources (other than fuel or refuse burning equipment or fugitive
emissions), and alternative emission limits (bubbles).
LRAPA made changes to Section 32-001 to clarify what definitions
apply to this section (those in Titles 12 and 29) in addition to more
specific definitions for ``distillate fuel oil'' and ``residual fuel
oil.'' In Section 32-007, LRAPA clarified that pressure drop and
ammonia slip are operational, maintenance, and work practice
requirements that may be established in a permit condition or notice of
construction approval. Section 32-008 Typically Achievable Control
Technology was also updated by moving procedural requirements from the
definitions section to this section, and revising them to account for
Oregon's changes to NSR, Major NSR and Type A State NSR, discussed
below in Section M.
Notably, LRAPA retained its general, SIP-approved visible emission
standards in the form of an aggregate exception of three minutes in a
60-minute period. Three-minute aggregate periods are to be measured by
EPA Method 203B, a continuous opacity monitoring system, or an
alternative monitoring method approved by LRAPA and that has been
determined by the EPA to be equivalent to Method 203B. While LRAPA's
form and method for evaluating visible emissions from sources are
different than those in Oregon's corresponding SIP-approved rules (OAR
340-208-0110 was recently revised to a 6-minute block average as
measured by EPA Method 9), both forms and their associated test methods
are equally-valid means to measure opacity and determine compliance
with standards.\11\
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\11\ The EPA approved OAR 340-208-0110, state effective April
16, 2015 on October 11, 2017 (82 FR 47122).
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LRAPA also made changes to phase in tighter visible emission limits
granted to wood-fired boilers in operation before 1970. These sources
are required to meet a 40% visible emission limit. However, starting in
2020, these sources must meet a 20% visible emissions limit, except for
certain, limited situations where a boiler-specific, short-term limit
may be established in a source's operating permit, if appropriate and
allowed under the SIP-approved permitting program.
Notably, LRAPA revised particulate emission limits under Section
32-015 to reduce emissions from certain non-fuel-burning sources built
before June 1970. The rules in this section phase in tighter standards
for older sources, generally tightening grain loading standards for
existing sources from 0.2 grains per dry standard cubic foot (gr/dscf)
to between 0.10 and 0.15 gr/dscf, depending on whether there is
existing source test data for the source, and what that data shows.
Timelines to achieve these rates depend on whether sources were built
before or after June 1, 1970. Existing sources that operate equipment
less frequently (less than 867 hours a year) must meet less stringent
standards. For new sources, LRAPA has increased the stringency of the
grain loading standard by adding a significant digit, revising the
standard from 0.1 gr/dscf to 0.10 gr/dscf. Compliance with the grain
loading standards is determined using test methods specifically
identified in the March 2015 version of the Oregon Source Testing
Manual, approved on October 11, 2017 (82 FR 47122).
LRAPA also tightened grain loading standards for fuel burning
equipment (Sections 32-020 and 025) in the same manner as described
above. Process weight provisions in Section 32-045 were aligned with
state rules, and the listing of process weight limitations was moved to
Section 32-8010. Sulfur content of fuels and sulfur dioxide emission
limits in Section 32-065 were also updated by removing a coal space-
heating exemption that expired in 1983, and clarifying that recovery
furnaces are regulated in Title 33.
We propose to approve the revisions to Title 32 because they are
consistent with the CAA and strengthen the SIP.
[[Page 36829]]
We note we are taking no action on Sections 32-050, and 32-055 because
they are nuisance provisions related to concealment and masking of
emissions and particle fallout. We are also taking no action on the
acid rain provision in Section 32-075. These types of provisions are
generally not appropriate for SIP approval because they are not related
to attainment and maintenance of the NAAQS under CAA section 110 and
the SIP.
H. Title 33: Prohibited Practices and Control of Special Classes of
Industry
Title 33 establishes controls on specific sectors, including board
products facilities, charcoal plants, Kraft pulp mills, and hot mix
asphalt plants. LRAPA clarified that Title 12 definitions apply to this
section, except where specific definitions are established in Title 33.
Throughout this title, LRAPA removed open burning provisions made
obsolete now that LRAPA limits open burning through regulations
established in Title 47, most recently approved by the EPA on October
23, 2015 (80 FR 64346).
In Section 33-060, LRAPA made changes to improve the enforceability
of opacity limits on veneer dryers and hardboard manufacturing
operations. Section 33-070 was updated to ensure local rules for Kraft
pulp mills are as stringent as the state equivalent. LRAPA also revised
what was formerly referred to as ``replacement or significant
upgrading'' of equipment for purposes of determining whether more
restrictive standards apply. Alternative temperatures for hardboard
tempering ovens must be approved using the procedures in the federal
NESHAP for Plywood and Composite Wood Products, 40 CFR part 63, subpart
DDDD. LRAPA added source test methods for particulate matter and
demonstrations of oxygen concentrations in recovery furnace and lime
kiln gases. Under the reporting section, LRAPA removed the alternative
sampling option where transmissometers are not feasible because all
pulp mills in Oregon now have transmissometers. Minor changes were made
under a provision in this section authorizing LRAPA to determine that
upset conditions at a subject source are chronic and correctable by the
installation of new or modified process or control equipment, and the
establishment of a program and schedule to effectively eliminate the
deficiencies causing the upset conditions. This provision is consistent
with the corresponding state provision at OAR 340-234-0270.\12\
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\12\ See EPA proposed approval of OAR 340-234-0270, state
effective April 16, 2015 (March 22, 2017, 82 FR 14654 at page
14667).
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LRAPA revised Section 33-075 Hot Mix Asphalt Plants to specify the
appropriate test method to determine compliance. In addition, LRAPA
added a requirement that hot mix asphalt plants must develop a fugitive
emissions control plan if requested.
Except for the requirements relating to total reduced sulfur, odor,
and reduction of animal matter, we propose to approve the submitted
changes to Title 33 because they strengthen the SIP and are consistent
with CAA requirements. Total reduced sulfur, odor, and reduction of
animal matter requirements are not appropriate for SIP approval because
they are not criteria pollutants, not related to the criteria
pollutants regulated under title I of the CAA, not essential for
meeting and maintaining the NAAQS, nor related to the requirements for
SIPs under section 110 of the CAA. We are therefore excluding from the
SIP the following parts of Section 33-070: The definitions of ``Other
sources'' and ``Total Reduced Sulfur (TRS)'' in paragraph (1), and
paragraphs (3)(a), (4)(b), (5)(b), (6)(a), and (6)(b); and Section 33-
080 Reduction of Animal Matter.
I. Title 34: Stationary Source Notification Requirements
Title 34 contains a registration program for sources not subject to
one of LRAPA's operating permit programs, as well as some of the
requirements for the construction of new and modified sources. In
Section 34-010, LRAPA broadened the applicability of this title, as
Oregon did in Division 210, so that it applies to ``air contaminant
sources'' and to ``modifications of existing portable sources that are
required to have permits under title 37'', in addition to stationary
sources. Sections 34-016 and 34-017 were added for recordkeeping and
reporting, and enforcement, respectively.\13\ LRAPA also added a new
section for general source registration requirements and detailed the
information an owner or operator must submit to register and re-
register. Sections 34-034, 035, and 036 were added to clarify when a
Notice of Construction application is required, how the construction/
modification is categorized for purposes of process and public review,
and what to include in a notice to construct.
---------------------------------------------------------------------------
\13\ See OAR 340-214-0114, and OAR 340-214-0120.
---------------------------------------------------------------------------
LRAPA added Sections 34-037 and 038 to spell out when sources may
proceed with construction or modification, and that construction
approval does not mean approval to operate the source, unless the
source is not required to obtain an ACDP under Title 37.
We propose to approve the revisions to Title 34 because we have
determined they are consistent with CAA requirements and correct or
clarify existing source notification requirements to help ensure that
changes to sources go through the appropriate approval process. We note
that Section 34-170 through 200 are not appropriate for SIP approval
because they are related to title V of the CAA, not title I and the
SIP.
J. Title 35: Stationary Source Testing and Monitoring
This title contains general requirements for source testing and
monitoring. Title 35 was recently established to correlate closely with
state provisions in Division 212. LRAPA clarified the term ``stationary
source'' to include portable sources that require permits under Title
37. This change is consistent with the term as used in other titles.
LRAPA also clarified, with respect to stack height and dispersion
technique requirements, the procedures referenced in 40 CFR 51.164 are
the major and minor NSR review procedures used in Oregon, as
applicable.
Section 35-0140 sets forth test methods, and requires that
sampling, testing, or measurements performed pursuant to this title
conform to the methods in Oregon's March 2015 revised versions of the
Source Sampling Manual, Volumes I and II, and Continuous Monitoring
Manual. The revised manuals were approved by the EPA into the Oregon
SIP on October 11, 2017 (82 FR 47122). In that action we concluded that
the revised manuals are consistent with the EPA's monitoring
requirements for criteria pollutants and we approved them for the
purpose of the limits approved into the SIP.
We note that the submitted provisions in Section 35-0200 through
0280 are related to compliance assurance monitoring, and are not
appropriate for SIP approval. The specified rules apply to title V
sources only and implement the requirements of 40 CFR parts 64 and 70.
We are taking no action on these rules because they are not appropriate
for SIP approval under section 110 of title I of the CAA.
K. Title 36: Excess Emissions
LRAPA made several revisions to the excess emissions and emergency
provision requirements in Title 36 and
[[Page 36830]]
submitted them for approval into the SIP. We are deferring action on
the Title 36 revisions. We intend to address the submitted provisions
of Title 36 in a separate, future action.
L. Title 37: Air Contaminant Discharge Permits
The Air Contaminant Discharge Permit (ACDP) program is both the
federally-enforceable non-title V state operating permit program, and
also the administrative mechanism used to implement the notice of
construction and new source review programs. There are six types of
ACDPs under state and LRAPA rules: Construction, General, Short Term
Activity, Basic, Simple, and Standard. The types of ACDPs have not
changed, but LRAPA has made some changes and clarifications to the
criteria and requirements for the various ACDPs. LRAPA also revised
application requirements to set application renewal deadlines, and to
clarify the required contents of applications.
The applicability rules at Section 37-0020 reference the table of
applicability criteria for the types of permits in Section 37-8010
Table 1. The associated fees are listed at Section 37-8020 Table 2.
These sections are consistent with OAR 340-216-8010 Table 1 and OAR
216-8020 Table 2, respectively, including the type of ACDP (Basic,
General, Simple, or Standard) each source category is required to
obtain prior to construction and operation. Overall, the list of
sources required to obtain Basic, General, Simple, or Standard ACDPs
was slightly expanded, with one exception. LRAPA removed the
requirement that greenhouse gas-only sources obtain a Standard ACDP,
and pay the associated permitting fees, consistent with the federal
court decision described below in Section M.
For Construction ACDPs at Section 37-0052, LRAPA added a qualifier
to the rule that construction commence within 18 months after the
permit is issued. This deadline now applies only if a source is subject
to federal major NSR and certain state major NSR permitting, which we
have discussed in more detail below. LRAPA also added language to the
public notice requirements for a modified Construction ACDP, making
clear when public notice as a Category I permit action is appropriate,
as opposed to a Category II permit action under Title 31. Although the
construction permit itself expires, the requirements remain in effect
and must be added to the subsequent operating permit.\14\
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\14\ See Section 37-0082.
---------------------------------------------------------------------------
General ACDP requirements at Section 37-0060 were updated to refer
to the appropriate public notice procedures, reference the fee class
for specific source categories, and confirm the procedures that will be
used to rescind a source's General ACDP, if the source no longer
qualifies and must obtain a Simple or Standard ACDP instead. LRAPA also
changed the rule section to make clear that the agency may rescind an
individual source's assignment to a General Permit. When notified, the
source has 60 days to submit an application for a Simple or Standard
ACDP. General ACDP Attachments, Section 37-0062, was updated to clarify
public notice requirements and fees.
For Simple ACDPs, it is now clear that LRAPA may determine a source
ineligible for a Simple ACDP with generic emission limits, and instead,
require the source obtain a Standard ACDP with source-specific emission
limits, as necessary. LRAPA also clarified the public notice
requirements and fees for Simple ACDPs and removed redundant
requirements from the section that are also in Section 37-0020.
The requirements at Section 37-0066 were updated to lay out the
different application requirements for sources seeking a Standard ACDP
permit when they are subject to federal major versus minor NSR. LRAPA
also changed this section to allow sources with multiple activities or
processes at a single site, covered by more than one General ACDP or
that has multiple processes, to obtain a Standard ACDP.
For processing permits, LRAPA's provision at Section 37-0082 now
expressly provide that sources with expired ACDP permits may continue
operating under the expired permit if they have submitted a timely and
complete renewal application. Sources may also request a contested case
hearing, if LRAPA revokes a permit or denies a permit renewal. We have
determined in our review that LRAPA's Title 37 provisions are
consistent with the Division 216 rule sections recently approved by the
EPA on October 11, 2017 (82 FR 47122). Therefore, we find Title 37 is
consistent with CAA requirements and propose to approve the submitted
provisions.
M. Title 38: New Source Review
Parts C and D of title I of the CAA, 42 U.S.C. 7470-7515, set forth
preconstruction review and permitting program requirements that apply
to new and modified major stationary sources of air pollutants, known
as major new source review (major NSR). The CAA major NSR programs
include a combination of air quality planning and air pollution control
technology program requirements. States adopt major NSR programs as
part of their SIP. Part C is the Prevention of Significant
Deterioration (PSD) program, which applies in areas that meet the NAAQS
(attainment areas), as well as in areas for which there is insufficient
information to determine whether the area meets the NAAQS
(unclassifiable areas). Part D is the nonattainment new source review
(nonattainment NSR) program, which applies in areas that are not in
attainment of the NAAQS (nonattainment areas).
The EPA regulations for SIPs implementing these programs are
contained in 40 CFR 51.165 and 51.166, and appendix S to part 51.
Regulations addressing the EPA's minor new source review (NSR)
requirements are located at 40 CFR 51.160 through 164. We note that
states generally have more flexibility in designing minor NSR programs.
Minor NSR programs, however, must still ensure that emissions from the
construction or modification of a facility, building, structure, or
installation (or any combination thereof) will not interfere with
attainment and maintenance of the NAAQS, or violate an applicable
portion of a control strategy approved into the SIP.
Oregon and LRAPA's major NSR program has long differed from the
federal major NSR programs in several respects. The program does not
subject the same sources and modifications to major NSR as would the
EPA's rules. It also has had lower major source thresholds for sources
in nonattainment and maintenance areas. The program requires fugitive
emissions to be included in applicability determinations for all new
major sources and modifications to existing major sources. However,
Oregon and LRAPA also utilize a Plant Site Emission Limit, or ``PSEL,''
approach to defining ``major'' modifications, rather than the
contemporaneous net emissions increase approach used in the EPA's main
major NSR program (not the EPA's plant-wide applicability limit (PAL)
option). The EPA has previously determined that, overall, the major NSR
program in Oregon is at least as stringent as the EPA's major NSR
program and meets the requirements of 40 CFR 51.165 and 51.166.\15\
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\15\ See 76 FR 80747, 80748 (December 27, 2011) (final action);
76 FR 59090, 59094 (Sept. 23, 2011) (proposed action).
---------------------------------------------------------------------------
Under the previous SIP-approved program, both federal major sources
and large minor sources have been covered
[[Page 36831]]
by Title 38. The submitted changes to Title 38 revise this approach and
establish distinct components within Title 38, referred to as Major New
Source Review (LRAPA Major NSR--Sections 38-0045 through 0070) and
State New Source Review (State NSR--Sections 38-0245 through 0270) to
help clarify the requirements that apply to federal major sources and
large minor sources. Pre-construction review and permitting of other
minor sources continue to be covered in Title 34 Stationary Source
Notification Requirements, Title 37 Air Contaminant Discharge Permits,
and Title 42 Plant Site Emission Limits.
As discussed above, Oregon and LRAPA have created two new state
designations. ``Sustainment'' areas are state-designated areas that are
violating or close to violating the NAAQS but which are not formally
designated nonattainment by the EPA. ``Reattainment'' areas are state-
designated areas that have been designated nonattainment by the EPA,
but that have achieved improved air quality, and data shows the area is
attaining the NAAQS. Key changes to the LRAPA Major NSR and State NSR
programs are discussed below.
Section 38-0010 Applicability, General Prohibitions, General
Requirements, and Jurisdiction
LRAPA has narrowed the scope of sources that are subject to LRAPA
Major NSR in nonattainment and maintenance areas by increasing the
thresholds, from the significant emission rate (SER) to the major
source thresholds in the CAA specified for the current nonattainment
areas in Lane County.\16\ At the same time, LRAPA's State NSR
requirements under Title 38 apply to the construction of new sources
with emissions of a regulated air pollutant at or above the SER, as
well as increases in emissions of a regulated pollutant from existing
sources that equal or exceed the SER over the netting basis. This is
consistent with Oregon's rules in Division 224.
---------------------------------------------------------------------------
\16\ See Title 12.
---------------------------------------------------------------------------
LRAPA has divided the State NSR program into two parts: Type A,
which generally applies in nonattainment, reattainment, and maintenance
areas, and Type B, for attainment, unclassifiable, and sustainment
areas. Sources subject to Type A State NSR remain subject to many of
the same requirements that apply to such sources under the current SIP-
approved program in nonattainment \17\ and maintenance areas, whereas
sources subject to Type B State NSR are subject to requirements
equivalent to the minor NSR requirements under the PSEL rules in the
current SIP.\18\ Because LRAPA's changes to the definition of ``federal
major source'' in nonattainment areas are consistent with the federal
definition of ``major stationary source'' at 40 CFR 51.165 for the
designated areas in Lane County, and because LRAPA has retained most of
the characteristics of the previous Major NSR permitting program for
Type A State NSR, the EPA proposes to approve these revisions.
---------------------------------------------------------------------------
\17\ Key changes are discussed below in the discussion of State
NSR.
\18\ Sources in sustainment areas subject to Section 38-0245(2)
are also subject to Type A NSR.
---------------------------------------------------------------------------
LRAPA also made revisions here, and in several other places in its
rules, to be consistent with changes to the federal PSD rules made in
response to a Supreme Court decision on greenhouse gases (May 7, 2015,
80 FR 26183).\19\ Specifically, LRAPA revised definitions and
procedures in Titles 12, 36, 37, 38, and 42 to remove greenhouse gas-
only sources from PSD applicability. Therefore, as required by the
federal PSD program, a source is now subject to the LRAPA Major NSR
requirements for greenhouse gases in attainment and unclassifiable
areas only when the source is subject to LRAPA Major NSR requirements
anyway, for one or more criteria pollutants. As specified in the
federal PSD regulations, LRAPA's rules continue to require that sources
of greenhouse gases subject to LRAPA Major NSR in attainment and
unclassifiable areas for a criteria pollutant, are also subject to
LRAPA Major NSR for greenhouse gases.
---------------------------------------------------------------------------
\19\ Utility Air Regulatory Group v. Environmental Protection
Agency, 134 S.Ct. 2427 (2014).
---------------------------------------------------------------------------
LRAPA also made clear in this section that a source is subject to
Title 38 requirements for the designated area in which the source is
located--for each regulated pollutant, including precursors. Finally,
revisions clarify that a subject source must not begin actual
construction, continue construction, or operate without complying with
the requirements of Title 38 and obtaining an ACDP permit authorizing
construction or operation.
Section 38-0025 Major Modification
LRAPA moved the definition of ``major modification'' from Title 12
to Title 38, to reflect that the former definition was really a
procedure for determining whether a major modification has, or will
occur, rather than a true definition. The revised definition and
procedure are intended to better explain how emissions increases and
decreases are tracked and factored into calculations for major
modifications.
LRAPA also specified that emissions from categorically
insignificant activities, aggregate insignificant emissions, and
fugitive emissions must be included in determining whether a major
modification has occurred. In addition, LRAPA clarified that major
modifications for ozone precursors, or PM2.5 precursors,
also constitute major modifications for ozone and PM2.5,
respectively. Finally, language was added stating that the PSEL,
netting basis, and emissions changes must be recalculated when more
accurate or reliable emissions information becomes available, to
determine whether a major modification has occurred.
Section 38-0030 New Source Review Procedural Requirements
LRAPA revised this section to account for differing LRAPA Major NSR
and State NSR procedures. Included are: When LRAPA will determine
whether an application is complete; when a final determination will be
made; when construction is permitted; how to revise a permit and extend
it; and when and how LRAPA will terminate an NSR permit.
With respect to the provision in the federal PSD regulations
authorizing extensions to the 18-month construction time limitation in
40 CFR 52.21(r)(2) ``upon a satisfactory showing that an extension is
justified,'' LRAPA revised its extension provisions to be consistent
with recent EPA guidance. This guidance sets out the EPA's views on
what constitutes an adequate justification for an extension of the 18-
month timeframe under 40 CFR 52.21(r)(2) for commencing construction of
a source that has been issued a PSD permit.\20\ LRAPA also extended the
time period for making a final determination on an LRAPA Major NSR or
Type A State NSR permit from six months to one year, to reflect the
more complex nature of such permitting actions. The one-year time-frame
for permit issuance is consistent with the EPA's requirements for major
NSR permitting.\21\
---------------------------------------------------------------------------
\20\ Memorandum from Stephen D. Page, Director of EPA's Office
of Air Quality Planning and Standards, to Regional Air Division
Directors, Region 1-10, entitled Guidance on Extension of Prevention
of Significant Deterioration (PSD) Permits under 40 CFR 52.21(r)(2),
dated January 31, 2014.
\21\ See 40 CFR 52.21(q)(2).
---------------------------------------------------------------------------
Section 38-0038 Fugitive and Secondary Emissions
This section was moved and amended to account for State NSR
requirements.
[[Page 36832]]
For sources subject to LRAPA Major NSR and Type A State NSR, fugitive
emissions are included in the calculation of emission rates and subject
to the same controls and analyses required for emissions from
identifiable stacks or vents. Secondary emissions are not included in
potential to emit calculations for LRAPA Major NSR or Type A State NSR,
but once a source is subject to LRAPA Major NSR or Type A State NSR,
secondary emissions must be considered in the required air quality
impact analysis in Titles 38 and 40.
Sections 38-0045 Through 0070 Major NSR
LRAPA has made changes consistent with Oregon's corresponding rules
and has specified LRAPA Major NSR requirements for each of the
following designations: Sustainment, nonattainment, reattainment,
maintenance, and attainment/unclassifiable.
Major NSR in Sustainment Areas
New sources and modifications subject to LRAPA Major NSR in
sustainment areas (areas that are classified as attainment/
unclassifiable by the EPA but have air quality either violating the
NAAQS or just below the NAAQS) must meet PSD requirements for each
sustainment pollutant, but must also satisfy additional requirements
for obtaining offsets and demonstrating a net air quality benefit to
address the air quality problems in the area, as discussed in more
detail below. Because such areas are designated as attainment/
unclassifiable by the EPA, requiring compliance with LRAPA's PSD
requirements meets federal requirements. The additional requirements
for obtaining offsets and demonstrating a net air quality benefit go
beyond CAA requirements for attainment/classifiable areas and are thus
approvable.
Major NSR in Nonattainment Areas
For new sources and modifications subject to LRAPA Major NSR in
nonattainment areas, LRAPA reorganized and clarified the requirements,
aligning with state rules, including that they apply for each pollutant
for which the area is designated nonattainment. Lowest Achievable
Emission Rate (LAER) and offsets continue to be required for such
sources and modifications. In addition, LRAPA's submitted revisions
tighten offsets required in nonattainment areas (except with respect to
ozone). LRAPA rules now initially require 1.2:1 offsets to emissions in
non-ozone areas. If offsets are obtained from priority sources, the
ratio may be reduced to 1:1, equivalent to the federal requirement in
40 CFR 51.165(a)(9)(i).
The submitted changes also tighten requirements for sources seeking
construction permit extensions, and limit extension requests to two 18-
month periods, with certain additional review and re-evaluation steps.
We note that, beyond the federal rules, the rules applicable in Lane
County extend best available control technology (BACT) and offset
requirements to new and modified minor sources in nonattainment areas.
Major NSR in Reattainment Areas
In reattainment areas (areas meeting the NAAQS but not yet
redesignated to attainment), new sources and modifications subject to
LRAPA Major NSR must continue to meet all nonattainment LRAPA Major NSR
requirements for the reattainment pollutant. In addition, to ensure air
quality does not again deteriorate, LRAPA requires that sources subject
to LRAPA Major NSR also meet other requirements for each reattainment
pollutant. Specifically, the owner or operator of the source must
demonstrate the source will not cause or contribute to a new violation
of the ambient air quality standard, or PSD increment, by conducting an
air quality analysis as outlined in Title 40.
Major NSR in Maintenance Areas
In maintenance areas, new sources and modifications subject to
LRAPA Major NSR must continue to comply with LRAPA Major NSR
requirements for attainment/unclassifiable areas (i.e., PSD), and also
conduct a demonstration or obtain allowances to ensure a net air
quality benefit in the area. Rather than setting out the specific PSD
requirements in this section, however, this section simply references
the PSD requirements at Section 38-0070.
Major NSR in Attainment/Unclassifiable Areas (PSD)
For the construction of new sources and modifications subject to
LRAPA Major NSR in attainment or unclassifiable areas, LRAPA revised
its rules to address court decisions impacting federal PSD rules.
First, as discussed above, LRAPA revised definitions and procedures in
Titles 12, 36, 37, 38, and 42 to remove greenhouse gas-only sources
from PSD applicability. Therefore, as required under the EPA's federal
PSD program, a source is now subject to the LRAPA Major NSR
requirements for greenhouse gases only when the source also is subject
to LRAPA PSD requirements for one or more criteria pollutants.
Second, LRAPA revised its requirements for preconstruction
monitoring to address another court decision and the resulting
revisions to the EPA's PSD rules. On October 20, 2010, the EPA
promulgated the 2010 PSD PM2.5 Implementation Rule, revising
the federal significant monitoring concentration (SMC) and significant
impact levels (SILs) for PM2.5 (75 FR 64864). On January 22,
2013, the U.S. Court of Appeals for the District of Columbia, in Sierra
Club v. EPA,\22\ issued a judgment that, among other things, vacated
the provisions adding the PM2.5 SMC to the federal
regulations at 40 CFR 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c). In its
decision, the court held that the EPA did not have the authority to use
SMCs to exempt permit applicants from the statutory requirement in CAA
section 165(e)(2) that ambient monitoring data for PM2.5 be
included in all PSD permit applications. Although the PM2.5
SMC was not a required element, where a state program contained an SMC
and applied it to allow new permits without requiring ambient
PM2.5 monitoring data, the provision would be inconsistent
with the court's opinion and CAA section 165(e)(2).
---------------------------------------------------------------------------
\22\ 703 F.3d 458 (D.C. Cir. 2013).
---------------------------------------------------------------------------
At the EPA's request, the decision also vacated and remanded the
portions of the 2010 PSD PM2.5 Implementation Rule that
revised 40 CFR 51.166 and 40 CFR 52.21 related to SILs for
PM2.5. The EPA requested this vacatur and remand of two of
the three provisions in the EPA regulations that contain SILs for
PM2.5 because the wording of these two SIL provisions (40
CFR 51.166(k)(2) and 40 CFR 52.21(k)(2)) was inconsistent with the
explanation of when and how SILs should be used by permitting
authorities, that we provided in the preamble to the Federal Register
publication when we promulgated these provisions. Specifically, the EPA
erred because the language promulgated in 2010 did not provide
permitting authorities the discretion to require a cumulative impact
analysis notwithstanding that the source's impact is below the SIL,
where there is information that shows the proposed source would lead to
a violation of the NAAQS or increments. The third SIL provision (40 CFR
51.165(b)(2)) was not vacated and remains in effect. On December 9,
2013, the EPA removed the vacated PM2.5 SILs and SMC
provisions from federal PSD regulations (78 FR 73698). On April 17,
2018, the EPA issued guidance to states on
[[Page 36833]]
recommended PM2.5 (and ozone) SILs.\23\ As stated in this
guidance, the EPA intends to use information yielded from application
of this guidance by permitting authorities to determine whether a
future rulemaking to codify SILs is appropriate.
---------------------------------------------------------------------------
\23\ Memorandum from Peter Tsirigotis, Director of EPA's Office
of Air Quality Planning and Standards, to Regional Air Division
Directors, Region 1-10, entitled Guidance on Significant Impact
Levels for Ozone and Fine Particles in the Prevention of Significant
Deterioration Permitting Program, dated April 17, 2018.
---------------------------------------------------------------------------
In response to the vacatur and remand, LRAPA submitted revisions to
several titles. LRAPA revised the PM2.5 SMC to zero, as the
EPA did, to address this issue in the federal PSD regulations. LRAPA
also revised the definition of ``significant impact levels'' or ``SIL''
in state rules, removed the vacated language and added text to make
clear that ``no source may cause or contribute to a new violation of an
ambient air quality standard or PSD increment even if the single source
impact is less than the significant impact level.'' We propose to
approve LRAPA's revisions as consistent with the court decision.
LRAPA also aligned local rules with state rules to remove language
allowing the substitution of post-construction monitoring for
preconstruction monitoring. LRAPA added an exemption from the
preconstruction ambient air monitoring requirement, with LRAPA's
approval, if representative or conservative background concentration
data is available, and the source demonstrates that such data is
adequate to determine that the source would not cause or contribute to
a violation of an ambient air quality standard or any applicable PSD
increment. These revisions, along with the other existing provisions
regarding preconstruction monitoring in LRAPA's PSD regulations, are
consistent with 40 CFR 51.166(m)(iii) and therefore we propose to
approve them.
Finally, LRAPA added the requirement to demonstrate a net air
quality benefit for subject sources that will have a significant impact
on air quality in a designated area other than the area in which the
source is located. This demonstration of net air quality benefit is
beyond federal PSD requirements, and will be discussed in more detail
below.
Sections 38-0245 Through 0270 State NSR
Title 38 now also specifies State NSR requirements for sustainment,
nonattainment, reattainment, maintenance, and attainment/unclassifiable
areas. For sources that emit between the SER and 100 tons per year in
nonattainment and maintenance areas (Type A State NSR sources), LRAPA
has relaxed some of the requirements, as compared to the current SIP,
that historically went beyond federal requirements. In nonattainment
areas, if the increase in emissions from the source is the result of a
major modification,\24\ BACT rather than LAER is now required. In
maintenance areas, Type A State NSR sources are no longer required to
conduct preconstruction monitoring to support the ambient air impact
analysis for the source.
---------------------------------------------------------------------------
\24\ Oregon and LRAPA use the term ``major modification'' for
physical and operational changes that result in significant
increases to both existing major and existing minor sources.
---------------------------------------------------------------------------
In both nonattainment and maintenance areas, LRAPA's State NSR
rules allow a reduction of the offset ratio if some of the offsets come
from sources that are contributing to air quality problems in the area
(which historically have been woodstoves). As we found in our 2017
action on the Oregon SIP, the State NSR requirements in sustainment and
reattainment areas go beyond CAA requirements for minor NSR programs by
requiring a demonstration of a net air quality benefit (discussed
below).\25\ (October 11, 2017, 82 FR 47122).
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\25\ October 11, 2017, 82 FR 47122.
---------------------------------------------------------------------------
Because BACT, LAER, pre-construction monitoring, and offsets are
not required components of a State's SIP-approved minor NSR program,
and because the offset requirements now provide sources with incentives
to obtain offsets from sources found to be specifically contributing to
air quality problems in the area, we propose to find that LRAPA's minor
NSR program continues to meet CAA requirements for approval.
Sections 38-0500 Through 0540 Net Air Quality Benefit Emission Offsets
The CAA requires that, for nonattainment NSR, the proposed major
source or major modifications must obtain emissions reductions of the
affected nonattainment pollutant from the same source or other sources
in the area to offset the proposed emissions increase.\26\ Consistent
with that requirement, the EPA's nonattainment NSR regulations require
that major sources and major modifications in nonattainment areas
obtain emissions offsets at a ratio of at least 1 to 1 (1:1) from
existing sources in the area to offset emissions from the new or
modified source.\27\
---------------------------------------------------------------------------
\26\ See CAA section 173(c).
\27\ See 40 CFR 51.165(a)(9)(i).
---------------------------------------------------------------------------
LRAPA revised the criteria for demonstrating a net air quality
benefit, in line with Oregon's rule revisions approved by the EPA on
October 11, 2017 (82 FR 47122). In addition to the incentives provided
to sources subject to Type A State NSR in sustainment and reattainment
areas (to obtain offsets from priority sources discussed above) LRAPA
made an additional change. Rules were revised to provide incentives for
major sources to use priority source offsets for LRAPA Major NSR
sources in nonattainment and reattainment areas by increasing the
required offset ratio for major sources to 1.2:1 from the current 1:1.
If a source subject to LRAPA Major NSR obtains offsets of some
emissions increases from priority sources, the ratio may be reduced to
no less than 1:1, the minimum offset level under the federal
nonattainment NSR program.
We note that LRAPA did not submit Section 38-0510(3) for SIP
approval because the submissions do not also include a demonstration
for inter-pollutant offset ratios as recommended by the EPA's inter-
pollutant offset policy.\28\ LRAPA also did not submit Section 38-0520
for SIP approval, in this case because the section addresses ozone
nonattainment areas, of which Lane County has none. We propose to
approve the revisions to LRAPA's net air quality benefit emissions
rules, except Sections 38-0510(3) and 38-0520, for which LRAPA did not
request approval.
---------------------------------------------------------------------------
\28\ Gina McCarthy, EPA Administrator. ``Revised Policy to
Address Reconsideration of Inter-pollutant Trading Provisions for
Fine Particles (PM2.5),'' Memorandum to Regional
Administrators, July 21, 2011.
---------------------------------------------------------------------------
Summary
We propose to approve the submitted revisions to Title 38 because
we have determined that, in conjunction with other provisions including
but not limited to rules in Titles 12, 31, 34, 35, 40, 42, and 50, the
revisions are consistent with the requirements of the federal PSD and
minor NSR permitting programs applicable statewide. We have also
determined that the submitted changes are consistent with the federal
requirements for nonattainment NSR for the current designated
nonattainment areas in Lane County.\29\
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\29\ See 40 CFR 51.160 through 161, 51.165, and 51.166. See also
EPA proposed approval of Oregon nonattainment NSR program (March 22,
2017, 82 FR 14654 at page 14663).
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N. Title 40: Air Quality Analysis Requirements
This title contains the air quality analysis requirements, which
are
[[Page 36834]]
primarily used in Title 38 New Source Review. By its terms, this title
does not apply unless a rule in another section refers to Title 40.
Substantive changes include revising the definition of ``allowable
emissions'' at Section 40-0020(1) to add ``40 CFR part 62'' to the list
of referenced standards and clarifying the definition of ``baseline
concentration year'' at Section 40-0020(2), that varies depending on
the pollutant for a particular designated area. LRAPA also revised the
definitions of ``competing PSD increment consuming source impacts'' and
``competing NAAQS [national ambient air quality standards] source
impacts'' \30\ to broaden the reference to include all of LRAPA's
ambient air quality standards at Title 50 (which include the NAAQS)
\31\ and to specify that in calculating these concentrations, sources
may factor in the distance from the new or modified source to other
emission sources (range of influence or ROI), spatial distribution of
existing emission sources, topography, and meteorology.
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\30\ See Sections 40-0020(4) and (5), respectively.
\31\ Our approval of Section 38-0020(4) and (5) would not extend
to those ambient standards in Title 50 that we have excluded from
our approval.
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LRAPA also clarified and reorganized the defined ROI formula at
Section 38-0020(10). The ROI is the distance from the new or modified
source or source impact area to other emission sources that could
impact that area. The ROI and source impact area are used to predict
the air quality impacts of a new or modified source. LRAPA continues to
limit the maximum ROI to 50 kilometers and has moved the constant
values in the ROI formula from the table at the end of the division
into the text of the rule.
PSD requirements were revised to align with the court decision
vacating and remanding the PM2.5 SIL. Please see Section M.
above for a discussion of the court decision. This title now includes
language stating that application of a SIL as a screening tool does not
preclude LRAPA from requiring additional analysis to evaluate whether a
proposed source or modification will cause or contribute to a violation
of an air quality standard or PSD increment.
PSD requirements for demonstrating compliance with air quality
related values were also updated. LRAPA made clear that, if applicable,
the analysis applies to each emission unit that increases the actual
emissions of a regulated pollutant above the portion of the netting
basis attributable to that emission unit. In addition, the term ``air
quality related values'' includes visibility, deposition, and ozone
impacts. A visibility analysis for sources impacting the Columbia River
Gorge National Scenic Area, is now required, where applicable, to
evaluate potential impacts on that area. We propose to approve Title 40
into the LRAPA SIP as meeting CAA requirements, including the EPA's
major NSR permitting regulations at 40 CFR 51.165 and 51.166, and the
regional haze requirements at 40 CFR part 51, subpart P.
O. Title 41: Emission Reduction Credits
In Title 41, LRAPA submitted revisions to clarify when reductions
in criteria pollutant emissions that are also hazardous air pollutant
emissions are creditable. Emission reductions required to meet federal
NESHAP standards in 40 CFR parts 61 or 63 are not creditable reductions
for purposes of Major NSR in nonattainment or reattainment areas in
Lane County. However, criteria pollutant reductions that are in excess
of, or incidental to, the required hazardous air pollutant reductions
can potentially earn credits--as long as all conditions are met. LRAPA
also lowered the threshold for banking credits in the Oakridge area--
from ten tons to one ton--to encourage trading activity. Finally, the
rules were revised to specify when such credits are considered used up,
and when they expire. The revisions are consistent with the CAA and the
EPA's implementing regulations and we propose to approve them.
P. Title 42: Criteria for Establishing Plant Site Emission Limits
This division contains a regulatory program for managing airshed
capacity through a PSEL. PSELs are used in Oregon, including Lane
County, to protect ambient air quality standards, prevent significant
deterioration of air quality, and to ensure protection of visibility.
Establishing such a limit is a mandatory step in the Oregon and LRAPA
source permitting process. A PSEL is designed to be set at the actual
baseline emissions from a source plus approved emissions increases and
minus required emissions reductions. This design is intended to
maintain a more realistic emissions inventory. Oregon and LRAPA use a
fixed baseline year of 1977 or 1978 (or a prior year if more
representative of normal operation) and factor in all approved
emissions increases and required emissions decreases since baseline, to
set the allowable emissions in the PSEL. Increases and decreases since
the baseline year do not affect the baseline, but are included in the
difference between baseline and allowable emissions.
``Netting basis'' is a concept in this program that defines both
the baseline emissions from which increases are measured--to determine
if changes are subject to review--as well as the process for re-
establishing the baseline, after changes have been through the new
source review permitting process.
As noted above, the PSEL program is used, in part, to implement NSR
permitting. For major NSR, if a PSEL is calculated at a level greater
than an established SER over the baseline actual emission rate, an
evaluation of the air quality impact and major NSR permitting are
required. If not, the PSEL is set without further review (a
construction permit may also be required). For minor NSR (State NSR), a
similar calculation is conducted. If the difference is greater than the
SER, an air quality analysis is required to evaluate whether ambient
air quality standards and increments are protected. The air quality
analysis results may require the source to reduce the airshed impact
and/or comply with a tighter emission limit.
LRAPA submitted a number of changes to the PSEL requirements in
this title, to align with similar changes to state rules. Many of the
changes are organizational, centralizing requirements related to PSELs
in Title 42. Other changes are more substantive. LRAPA revised the
criteria for establishing PSELs at Sections 42-0035 through 0090 by
consolidating requirements from other sections into these provisions,
and revising them to take into account the differentiated major and
State NSR requirements. LRAPA also updated the source-specific annual
PSEL provision, at Section 42-0041, to account for PM2.5 and
major and State NSR requirements. We note that as previously written,
the PSEL rule included provisions for PSEL increases that were not
subject to New Source Review. The submissions revoke those provisions
and instead make these PSEL increases subject to the State New Source
Review requirements in Title 38. The comprehensive requirements for
approval of such PSEL increases in sustainment, nonattainment,
reattainment, maintenance, and attainment/unclassifiable areas are as
stringent as the current requirements.
LRAPA updated the short-term PSEL requirements at Section 42-0042
to spell out the process a source must follow to request an increase in
a short-term PSEL--and when that source must obtain offsets, or an
allocation, from an available growth allowance in the area.
[[Page 36835]]
At Section 42-0046, LRAPA clarified how the initial netting basis
for PM2.5 is set and how potential increases are limited.
Changes were made to spell out how a source's netting basis may be
reduced--when a rule, order or permit condition requires the
reductions--and how unassigned emissions and emissions reduction
credits are to be addressed. In addition, the submitted revisions
clarify that a source may retain a netting basis if that source
relocates to a different site, as opposed to an adjacent site. However,
it is only allowed if LRAPA determines the different site is within or
affects the same airshed, and that the time span between operation at
the old site and new sites is less than six months.
At Section 42-0048, LRAPA consolidated baseline period and baseline
emission rate provisions, and indicated when a baseline emission rate
may be recalculated--limited to circumstances when more accurate or
reliable emission factor information becomes available, or when
regulatory changes require additional emissions units be addressed.
Changes were also made to Section 42-0051, which addresses actual
emissions, and how to appropriately calculate the mass emissions of a
pollutant from an emissions source during a specified time period.
LRAPA revised this provision to account for the changes in the program
that differentiate major NSR from State NSR.
We note that Section 42-0055 unassigned emissions procedures were
clarified. The rule section was revised to state that a source may not
use emissions that are removed from the netting basis--including
emission reductions required by rule, order or permit condition--for
netting any future permit actions. LRAPA also updated Section 42-0090,
addressing the impact on PSEL calculations and permitting requirements
when sources combine, split, and change primary Standard Industrial
Code. The changes make clear that sources must qualify to combine, and
that it will impact the netting basis and SER, and trigger new source
review and recordkeeping requirements, if applicable.
Except for Section 42-0060, we propose to approve Title 42 into the
SIP because we believe the revisions to the PSEL requirements are
intended to clarify and strengthen the rules. Section 42-0060 is not
appropriate for SIP approval because it is applicable to sources of
hazardous air pollutants addressed under CAA section 112, rather than
sources of criteria pollutants addressed under CAA section 110.
Q. Title 48: Rules for Fugitive Emissions
LRAPA submitted fugitive emission requirements in Title 48 for SIP
approval, consistent with Oregon's fugitive emissions rules in Division
208. This title requires sources to take reasonable precautions to
prevent fugitive emissions, and may require a fugitive emissions
control plan to prevent visible emissions from leaving a facility
property for more than 18 seconds in a six-minute period. Compliance is
based on EPA Method 22, Visual Determination of Fugitive Emissions from
Material Sources and Smoke Emissions from Flares. We propose to approve
Title 48 into the SIP because we have determined that these fugitive
emissions rules are consistent with CAA requirements.
R. Title 50: Ambient Air Standards and PSD Increments
Title 50 contains ambient air quality standards and Prevention of
Significant Deterioration (PSD) increments applicable in Lane County.
Most notably, LRAPA updated Title 50 for all current federal national
ambient air quality standards and federal reference methods.\32\
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\32\ See Sections 50-015 through 045.
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At Section 50-005(2), LRAPA added language expressly stating that
no source may cause or contribute to a new violation of an ambient air
quality standard or a PSD increment, even if the single source impact
is less than the significant impact level. This change was made to
address a court decision vacating and remanding regulatory text for the
PM2.5 significant impact level. Please see Section M for a
detailed discussion of the basis for our determination that this
change, along with other related changes, adequately addresses the
court decision.
LRAPA updated the table of PSD increments, also known as maximum
allowable increases and clarified that PSD increments are compared to
aggregate increases in pollution concentrations from the new or
modified source over the baseline concentration.\33\ LRAPA included
ambient air quality thresholds for pollutants in this title, moved from
Title 38, to centralize ambient standards and thresholds. Finally,
LRAPA consolidated requirements for areas subject to an approved
maintenance plan, moving ambient standards and thresholds from Title 38
into Section 50-065. We propose to approve the submitted revisions to
Title 50 as being consistent with CAA requirements and implementing
regulations at 40 CFR parts 50 and 51.
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\33\ See Section 50-055.
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S. Title 51: Air Pollution Emergencies
This title establishes criteria for identifying and declaring air
pollution episodes at levels below the levels of significant harm.
LRAPA submitted mostly minor changes to this title. However,
significant changes were made to establish a significant harm level for
PM2.5, and PM2.5 trigger levels corresponding
with alert, warning, and emergency episodes. We propose to approve the
submitted revisions to Title 51 because this title remains consistent
with the EPA's rules at 40 CFR part 51, subpart H Prevention of Air
Pollution Emergency Episodes.
III. Proposed Action
We propose to approve, and incorporate by reference into the SIP,
specific rule revisions submitted by Oregon and LRAPA on August 29,
2014 (state effective March 31, 2014) and March 27, 2018 (state
effective March 23, 2018), to apply in Lane County. We also propose to
approve, but not incorporate by reference, specific provisions that
provide LRAPA with authority needed for SIP approval.
As requested by LRAPA and the state, we are removing certain rules
from the SIP, because they are obsolete, redundant, or replaced by
equivalent or more stringent local rules. We are also deferring action
on a section of rules because we intend to address them in a separate,
future action.
We note that the submissions include changes to OAR 340-200-0040, a
rule that describes the Oregon procedures for adopting its SIP and
references all of the state air regulations that have been adopted by
LRAPA and ODEQ for approval into the SIP (as a matter of state law),
whether or not they have yet been submitted to or approved by the EPA.
We are not approving the changes to OAR 340-200-0040 because the
federally-approved SIP consists only of regulations and other
requirements that have been submitted by LRAPA and ODEQ and approved by
the EPA.
A. Rules Approved and Incorporated by Reference
We propose to approve into the Oregon SIP, and incorporate by
reference at 40 CFR part 52, subpart MM, revisions to the following
LRAPA rule sections. Each rule section listed is state effective March
23, 2018, unless marked with an asterisk, denoting it is effective
March 31, 2014:
Title 12--Definitions (001, 005, 010, 020, 025);
[[Page 36836]]
Title 29--Designation of Air Quality Areas (0010, 0020,
0030, 0040, 0050, 0060, 0070*, 0080*, 0090*, 0300, 0310, 0320);
Title 30--Incinerator Regulations (010, 015*, 020*--except
(2) and (8), 025*--except (9), 030*--except (1)(I) and (2)(E), 035*,
040*, 045*--except (3), 050*, 055*, 060*);
Title 31--Public Participation (0010, 0020, 0030, 0040,
0050, 0060, 0070, 0080);
Title 32--Emission Standards (001, 005, 006, 007, 008,
009, 010, 015, 020, 030, 045, 050, 060, 065, 070, 090*, 100, 8010);
Title 33--Prohibited Practices and Control of Special
Classes of Industry (005, 060, 065, 070--except, in (1), the
definitions of ``non-condensables'', ``other sources'', and ``TRS'',
(3)(a), (4)(b), (5)(b), (6)(a), (6)(b), 500);
Title 34--Stationary Source Notification Requirements
(005, 010, 015, 016, 017, 020, 025, 030, 034, 035, 036, 037, 038);
Title 35--Stationary Source Testing and Monitoring (0010,
0110, 0120, 0130, 0140, 0150*);
Title 37--Air Contaminant Discharge Permits (0010, 0020,
0025, 0030, 0040, 0052, 0054, 0056, 0060, 0062, 0064, 0066, 0068, 0070,
0082, 0084, 0090, 0094, 8010, 8020);
Title 38--New Source Review (0010, 0020, 0025, 0030, 0034,
0038, 0040, 0045, 0050, 0055, 0060, 0070, 0245, 0250, 0255, 0260, 0270,
0500, 0510--except (3), 0530, 0540);
Title 40--Air Quality Analysis Requirements (0010, 0020,
0030, 0040, 0045, 0050, 0060, 0070);
Title 41--Emission Reduction Credits (0010*, 0020, 0030);
Title 42--Stationary Source Plant Site Emission Limits
(0010, 0020, 0030, 0035, 0040, 0041, 0042, 0046, 0048, 0051, 0055,
0080, 0090);
Title 48--Rules for Fugitive Emissions (001, 005, 010,
015);
Title 50--Ambient Air Standards and PSD Increments (001,
005, 015, 025, 030, 035, 040, 045, 050, 055, 060*, 065); and
Title 51--Air Pollution Emergencies (005, 007, 010, 011,
015, 020, 025, Table I, Table II, Table III).
B. Rules Approved But Not Incorporated by Reference
We propose to approve, but not incorporate by reference, the
following LRAPA rule sections. Each rule section is state effective
March 23, 2018, unless marked with an asterisk, denoting the rule is
effective March 31, 2014:
Title 13--General Duties and Powers of Board and Director
(005*, 010*, 020*, 025*, 030*, 035*); and
Title 14--Rules of Practice and Procedures (110, 115, 120,
125, 130, 135, 140, 145, 147, 150, 155, 160, 165, 170, 175, 185, 190,
200, 205).
C. Rules Removed
We are removing the following rules from the current federally-
approved Oregon SIP at 40 CFR part 52, subpart MM, because they have
been repealed, replaced by rules noted in paragraph A. above, or the
state has asked that they be removed:
Title 12--Definitions (001(2)), state effective March 8,
1994;
Title 30--Incinerator Regulations (005), state effective
March 8, 1994;
Title 33--Prohibited Practices and Control of Special
Classes of Industry (030, 045), state effective November 10, 1994; and
Title 34--Stationary Source Notification Requirements
(040), state effective June 13, 2000.
We also are removing the following rules in the table entitled,
``Rules Also Approved for Lane County'', state effective April 16,
2015, because LRAPA has submitted equivalent or more stringent local
rules to apply in place of those requirements:
Table 5--EPA-Approved Oregon Administrative Rules (OAR) Also Approved
for Lane County
Division 200--General Air Pollution Procedures and
Definitions (0020);
Division 202--Ambient Air Quality Standards and PSD
Increments (0050);
Division 204--Designation of Air Quality Areas (0300,
0310, 0320);
Division 208--Visible Emissions and Nuisance Requirements
(0110, 0210);
Division 214--Stationary Source Reporting Requirements
(0114)(5);
Division 216--Air Contaminant Discharge Permits (0040,
8010);
Division 222--Stationary Source Plant Site Emission Limits
(0090);
Division 224 -New Source Review (0030, 0530);
Division 225--Air Quality Analysis Requirements (0010,
0020, 0030, 0040, 0045, 0050, 0060, 0070);
Division 226--General Emissions Standards (0210); and
Division 228--Requirements for Fuel Burning Equipment and
Fuel Sulfur Content (0210).
D. Rules Deferred
We are deferring action on the following rules, state effective
March 23, 2018, because we intend to address them in a separate, future
action:
Title 36--Excess Emissions (001, 005, 010, 015, 020, 025,
030).
IV. Incorporation by Reference
In this rule, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, we are proposing to incorporate by
reference the provisions described above in Section III. Proposed
Action. The EPA has made, and will continue to make, these documents
generally available electronically through https://www.regulations.gov
and in hard copy at the appropriate EPA office (see the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
V. Oregon Notice Provision
Oregon Revised Statute 468.126 prohibits ODEQ from imposing a
penalty for violation of an air, water or solid waste permit unless the
source has been provided five days' advanced written notice of the
violation and has not come into compliance or submitted a compliance
schedule within that five-day period. By its terms, the statute does
not apply to Oregon's title V program or to any program if application
of the notice provision would disqualify the program from federal
delegation. Oregon has previously confirmed that, because application
of the notice provision would preclude EPA approval of the Oregon SIP,
no advance notice is required for violation of SIP requirements.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[[Page 36837]]
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), nor will it impose substantial
direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 23, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-16371 Filed 7-30-18; 8:45 am]
BILLING CODE 6560-50-P