Approval and Promulgation of Implementation Plans; Oregon: Heat Smart Program and Enforcement Procedures, 9651-9654 [2013-02964]
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Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Christopher Cripps, (215) 814–2179, or
by email at Cripps.Christopher@epa.gov.
SUPPLEMENTARY INFORMATION: For
further information regarding
Maryland’s adoption through
incorporation by reference of the
national ambient air quality standards
(NAAQS), please see the information
provided in the direct final action, with
the same title, that is located in the
‘‘Rules and Regulations’’ section of this
Federal Register publication.
Dated: January 25, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013–02926 Filed 2–8–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2012–0494: FRL–9778–7]
Approval and Promulgation of
Implementation Plans; Oregon: Heat
Smart Program and Enforcement
Procedures
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
The EPA is proposing to
approve multiple revisions to Oregon’s
State Implementation Plan (SIP)
submitted to the EPA by the Oregon
Department of Environmental Quality
(ODEQ) on October 5, 2011, June 8,
2012, and November 28, 2012. The
SUMMARY:
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October 5, 2011 submission contains
revisions to the Heat Smart program and
to the enforcement procedures and civil
penalties in Oregon Administrative
Rules (OAR) Chapter 340, Division 12
(OAR 340–12). The June 8, 2012
submission contains additional
revisions to the Heat Smart program,
along with minor revisions and
clarifications to general air pollution
definitions (OAR 340–200), rules for
stationary source notification
requirements (OAR 340–210), and
requirements for fuel burning (OAR
340–228). The November 28, 2012
submission contains revisions to
approve the inclusion of expedited
enforcement offers and updated penalty
classifications and criteria (OAR 340–
012).
DATES: Comments must be received on
or before March 13, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2012–0494, by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Mail: Justin A. Spenillo, EPA,
Office of Air, Waste, and Toxics, AWT–
107, 1200 Sixth Avenue, Suite 900,
Seattle, Washington 98101.
C. Email: R10-Public_Comments@
epa.gov.
D. Hand Delivery: EPA, Region 10
Mailroom, 9th Floor, 1200 Sixth
Avenue, Seattle, Washington 98101.
Attention: Justin A. Spenillo, Office of
Air Waste, and Toxics, AWT–107. Such
deliveries are only accepted during
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2012–
0494. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
that is restricted by statute from
disclosure. Do not submit information
that you consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov your
email address will be automatically
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9651
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information that is restricted by statute
from disclosure. Certain other material,
such as copyrighted material, is not
placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically at www.regulations.gov or
in hard copy during normal business
hours at the Office of Air, Waste and
Toxics, EPA Region 10, 1200 Sixth
Avenue, Seattle, Washington 98101.
FOR FURTHER INFORMATION CONTACT:
Justin A. Spenillo, (206) 553–6125; or by
email at spenillo.justin@epa.govmailto:
body.steve@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. This Action
II. Why are we proposing to approve these
revisions?
A. The EPA’s Review of OAR Chapter 340,
Division 262 Heat Smart Program for
Residential Woodstoves and Other Solid
Fuel Heating Devices (October 5, 2011
and June 8, 2012 Submittals)
B. The EPA’s Review of OAR Chapter 340,
Division 12 Rules (October 5, 2011 and
November 28, 2012 Submittals)
C. The EPA’s Review of OAR Chapter 340,
Divisions 200, 210, and 228 Rules (June
8, 2012 Submittal)
D. The EPA’s Review of OAR 340–200–
0040 (October 5, 2011, June 8, 2012, and
November 28, 2012 Submittals)
III. Summary of Action
IV. Statutory and Executive Orders Review
I. This Action
Title I of the CAA, as amended by
Congress in 1990, specifies the general
requirements for states to submit SIPs to
attain and maintain the National
Ambient Air Quality Standards
(NAAQS) and the EPA’s actions
regarding approval of those SIPs. In this
action, we are proposing to approve and
incorporate by reference (IBR) revisions
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to the portions of Oregon’s SIP relating
to the Heat Smart Program found at
OAR 340–262 and submitted by ODEQ
on October 5, 2011 and June 8, 2012.
The EPA is also proposing to approve
but not IBR revisions to enforcement
provisions in OAR 340–012, submitted
by ODEQ on October 5, 2011 and
November 28, 2012. In addition, the
EPA proposes to approve the remaining
revisions to OAR 340–012 only to the
extent they relate to enforcement of
requirements contained in the Oregon
SIP.
The EPA proposes to approve
revisions to OAR 340–200 (except OAR
340–200–0040), OAR 340–210 and OAR
340–228, as they relate to general
definitions, stationary source
notification requirements, and fuel
requirements in the Oregon SIP. These
revisions were submitted by ODEQ on
June 8, 2012.
Each of the above-described
submittals (October 5, 2011, June 8,
2012, and November 28, 2012) contains
an amendment to OAR 340–200–0040,
which describes the State’s procedures
for adopting its Clean Air Act
Implementation Plan and references all
of the state air regulations that have
been adopted by the Environmental
Quality Commission (EQC) for approval
into the SIP (as a matter of state law),
whether or not they have been
submitted or approved by the EPA. We
are proposing no action on the revisions
to OAR 340–200–0040 in each of these
submittals because it is unnecessary to
take action on a provision addressing
the State’s SIP adoption procedures and
because the Federally-approved SIP
consists only of regulations and other
requirements that have been submitted
by ODEQ and approved by the EPA.
II. Why are we proposing to approve
these revisions?
We are proposing to approve the SIP
revisions submitted by ODEQ on
October 5, 2011, June 8, 2012, and
November 28, 2012 (except for OAR
340–200–0040) because they serve to
clarify and strengthen the State’s
existing SIP and are consistent with the
CAA requirements. A more detailed
explanation of the basis for our approval
is provided below and in the materials
included in the docket.
A. The EPA’s Review of OAR Chapter
340, Division 262 Heat Smart Program
for Residential Woodstoves and Other
Solid Fuel Heating Devices (October 5,
2011 and June 8, 2012 Submittals)
OAR 340–262 was last approved by
the EPA on January 22, 2003 (68 FR
2891). The Federally-approved
woodheating rules previously codified
at OAR 340–262 have been reorganized
and strengthened within the same
division and renamed as the Heat Smart
Program for Residential Woodstoves and
Other Solid Fuel Heating Devices. The
Heat Smart program requires the
removal of uncertified woodstoves and
most other uncertified solid fuel heating
devices upon the sale of a home. The
revisions included in ODEQ’s October 5,
2011 and June 8, 2012 submittals
provide for: establishing the Heat Smart
program as a statewide program as
opposed to being a contingency measure
only applicable to non-attainment areas
in Oregon, streamlining and
reorganizing the existing woodheating
rules, and additions to the rules that
strengthen the division and contribute
to maintenance of the NAAQS. Table 1
below outlines the reorganization of
OAR 340–262.
TABLE 1—REORGANIZATION OF OAR 340–262
Rule name
Prior rule
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Purpose ........................................................................................................................................
Definitions .....................................................................................................................................
Woodstove Sales—Requirements for Sale of Woodstoves ........................................................
Exemptions ...................................................................................................................................
Civil Penalties ...............................................................................................................................
Woodstove Certification Program—Applicability ..........................................................................
Emissions Performance Standards and Certification ..................................................................
General Certification Procedures .................................................................................................
Labeling Requirements ................................................................................................................
Woodburning Curtailment—Applicability ......................................................................................
Determination of Air Stagnation Conditions .................................................................................
Prohibition of Woodburning During Periods of Air Stagnation ....................................................
Public Information Program ..........................................................................................................
Enforcement .................................................................................................................................
Suspension and Department Program .........................................................................................
Woodstove Removal Contingency Program—Applicability .........................................................
Removal and Destruction of Uncertified Stove Upon Sale of Home ...........................................
Home Seller’s Responsibility to Verify Stove Destruction ...........................................................
Home Seller’s Responsibility to Disclose .....................................................................................
Materials Prohibited from Burning ................................................................................................
The expansion of the Heat Smart
program to a statewide program makes
it applicable to a larger geographic area
and with broader criteria, and enhances
protection of air quality by accelerating
the replacement of uncertified
woodstoves. This revision strengthens
the SIP by increasing the applicability
and scope of the Heat Smart program
which will result in the removal of more
uncertified woodstoves and other
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uncertified solid fuel heating devices,
and is therefore more protective of the
NAAQS.
In addition to the reorganization of
OAR 340–262 and the expansion of the
Heat Smart program statewide, Oregon
submitted for approval a number of
additions, clarifications, and
streamlining revisions. Oregon requests
approval to add prohibitions limiting
the types of materials that can be burned
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–0010
–0020
–0030
–0040
–0050
–0100
–0110
–0120
–0130
–0200
–0210
–0220
–0230
–0240
–0250
–0300
–0310
–0320
–0330
New
New rule
–0400
–0450
–0600
–0600, –0700, –0800
–0800
–0500
–0500
–0500
–0600
–0800 (1)
–0800 (3)
–0800 (4)
–0800 (5)
–0800 (6–8)
–0800 (9)
–0700
–0700
–0700
–0700
–0900
in a solid fuel device. The inclusion of
such limitations strengthens the SIP by
reducing the potential emission of
criteria pollutants from the burning of
inappropriate material. Oregon also
proposes to expand the applicability of
the rules from woodstoves/woodheaters
to include solid fuel burning devices.
The October 5, 2011 submittal requests
approval to include a new definition for
solid fuel burning devices that includes
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woodstoves and other devices that burn
wood, coal, or other nongaseous or
nonliquid fuels. The June 8, 2012
submittal refines the definition to
maintain the residential focus of the
rule by not including small scale
heating devices used for commercial,
industrial, and institutional facilities.
The new definition of solid fuel burning
devices is more stringent because it
covers residential heating devices that
use wood, coal, or other non-gaseous or
non-liquid fuels in addition to the
residential woodheating devices
covered under the prior definition.
Based on the EPA’s review and
analysis of OAR 340–262, the EPA is
proposing to approve the abovedescribed SIP strengthening revisions as
meeting the requirements of section 110
of the CAA. In addition, the EPA
proposes to remove from the SIP the
regulations previously codified at OAR
340–262–0010 to OAR 340–262–0330
because the citations for these
regulations have been renumbered as
shown in Table 1.
B. The EPA’s Review of OAR Chapter
340, Division 12 Rules (October 5, 2011
and November 28, 2012 Submittals)
The October 5, 2011 submittal
included revisions to OAR 340–012–
0054 and 340–012–0140. These
revisions strengthen enforcement by
including as Class I and II violations the
restrictions on burning certain materials
in solid fuel devices contained in OAR
340–262–0900, and by updating the
related penalty matrix. Oregon is also
requesting one revision to remove as a
Class III violation the failure to display
a certified woodstove temporary label.
The removal of this violation as a Class
III violation will not interfere with
attainment and maintenance of the
NAAQS.
The November 28, 2012 submittal
includes one substantive revision and
minor typographical and renumbering
revisions. The substantive revision was
the addition of expedited enforcement
offers and associated criteria at OAR
340–012–0030, 340–012–0038, and 340–
012–0170. An expedited enforcement
offer is a written offer from ODEQ to
settle alleged violations using expedited
procedures. The purpose of expedited
enforcement offers is to promote
compliance and enforcement through
faster, informal resolution of alleged
violations. The minor typographical and
renumbering revisions address OAR
340–012–0155.
The EPA has reviewed the revisions
described above and finds that they
provide ODEQ with adequate authority
for enforcing the SIP as required by
Section 110 of the CAA and 40 CFR
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51.230(b). The EPA is therefore
proposing to approve the revisions to
OAR 340–012 subject to the
qualifications and in the manner
discussed below.
The EPA’s authority to approve SIP
revisions extends to provisions related
to attainment and maintenance of the
NAAQS and carrying out other specific
requirements of Section 110 of the CAA.
In addition, EPA is approving the
remaining sections in OAR 340–012
only to the extent they relate to
enforcement of requirements contained
in the Oregon SIP.
Although the EPA is approving the
regulations in OAR 340–012 in the
manner discussed above, the EPA is not
incorporating these rules by reference
into the Code of Federal Regulations
because the EPA relies on its own
independent enforcement procedures
and penalty provisions in bringing
enforcement actions and assessing
penalties under the CAA.
The EPA also notes that Oregon
Revised Statute (ORS) 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 fiveday period. By its terms, this statutory
provision 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 the EPA approval of the
Oregon SIP, no advance notice is
required for violation of SIP
requirements.
C. The EPA’s Review of OAR Chapter
340, Divisions 200, 210, and 228 Rules
(June 8, 2012 Submittal)
The June 8, 2012 submission includes
revisions to OAR 340, Divisions 200,
210, and 228, which were last subject to
the EPA approval on January 22, 2003
(68 FR 2891). OAR 340–200 includes
the rules for General Air Pollution
Procedures and Definitions, OAR 340–
210 includes the rules for Stationary
Source Notification Requirements, and
OAR 340–228 includes the rules for
Requirements for Fuel Burning
Equipment and Fuel Sulfur.
Revisions to OAR 340–200–0020,
General Air Quality Definitions, include
minor typographical corrections,
inclusion of a definition of ‘‘form,’’ and
subsequent renumbering.
Revisions to OAR 340–210, Stationary
Source Notification Requirements,
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include changes to OAR 340–210–0100,
340–210–0110, 340–210–0120, and 340–
210–0250. The revisions to OAR 340–
210–0100 expand upon and clarify the
applicable sources, personnel, and
criteria necessary for a source to register
with ODEQ in lieu of obtaining a
permit. The revision to OAR 340–210–
0100 also includes updated fee
information and clarifies the registration
requirements applicable to sources
subject to a federal New Source
Performance Standards (NSPS) and
National Emission Standards for
Hazardous Air Pollutants (NESHAPs).
Revisions to OAR 340–210–0110 and
340–210–0120 expand and clarify the
registration criteria and requirements to
maintain registration. Revisions to OAR
340–210–0250, Approval to Operate,
clarify that compliance with existing
standards, testing and monitoring
requirements, and registration are still
required and applicable. These revisions
are more detailed and stringent than the
previously approved provisions and are
improvements to the rule.
Revisions to OAR 340–228,
Requirements for Fuel Burning
Equipment and Fuel Sulfur Content,
include changes to OAR 340–228–0020,
340–228–0200, and 340–228–0210.
These revisions include a cross
reference to the revised OAR 340–262
and clarify source applicability dates.
Based on the EPA’s review and
analysis of the revisions to OAR 340–
200, 340–210, and 340–228, the EPA is
proposing to approve the revisions
because they meet the requirements of
section 110 of the CAA and will not
interfere with attainment or
maintenance of the NAAQS.
D. The EPA’s Review of OAR 340–200–
0040 (October 5, 2011, June 8, 2012, and
November 28, 2012 Submittals)
On October 5, 2011, June 8, 2012, and
November 28, 2012, Oregon submitted
for SIP approval amendments to OAR
340–200–0040. The EPA is proposing no
action on these amendments because it
is unnecessary to take action on
provisions addressing the State’s SIP
adoption procedures and incorporating
by reference all of the revisions adopted
by the State for approval into the SIP (as
a matter of state law).
III. Summary of Action
The EPA is proposing to approve
amendments to OAR Chapter 340,
Divisions 12, 200, 210, 228 and 262
because they are consistent with CAA
requirements. We are also proposing to
take no action to approve amendments
to OAR 340–200–0040 submitted on
October 5, 2011, June 8, 2012, and
November 28, 2012.
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this 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 action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide 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).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Particulate matter.
Dated: January 31, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2013–02964 Filed 2–8–13; 8:45 am]
BILLING CODE 6560–50–P
NATIONAL FOUNDATION ON THE
ARTS AND HUMANITIES
National Endowment for the
Humanities
45 CFR Part 1171
RIN 3136–AA32
Public Access to NEH Records Under
the Freedom of Information Act
National Endowment for the
Humanities.
ACTION: Proposed rule.
AGENCY:
The National Endowment for
the Humanities (NEH) is unilaterally
rescinding its joint Freedom of
Information Act (FOIA) regulations with
the National Endowment for the Arts
(NEA) and the Institute of Museum and
Library Services (IMLS), and issuing its
own FOIA regulations. The new
regulations provide the NEH’s proposed
procedures for disclosure of its records,
as required by the FOIA, 5 U.S.C. 552,
as amended. These regulations also
provide the proposed procedures for
disclosing records of the Federal
Council on the Arts and the Humanities
(FCAH), an agency for which NEH
provides legal counsel.
DATES: Written comments must be
postmarked and electronic comments
must be submitted on or before April 12,
2013.
ADDRESSES: You may submit comments
by any of the following methods:
• Email: Gencounsel@neh.gov. Please
include ‘‘FOIA Regulations’’ in the
subject line of the message.
• FAX: (202) 606–8600. Please send
your comments to the attention of
Michelle Ghim.
• Mail: Michelle Ghim, Office of the
General Counsel, National Endowment
for the Humanities, 1100 Pennsylvania
Ave. NW., Room 529, Washington, DC
20506. To ensure proper handling,
please reference ‘‘FOIA Regulations’’ on
your correspondence.
FOR FURTHER INFORMATION CONTACT:
Michelle Ghim, Office of the General
Counsel, National Endowment for the
Humanities, 202–606–8322.
SUPPLEMENTARY INFORMATION: The NEH
along with the NEA, the IMLS, and the
SUMMARY:
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FCAH make up the National Foundation
on the Arts and Humanities
(Foundation). The Foundation was
established by the National Foundation
on the Arts and Humanities Act of 1965,
20 U.S.C. 951 et seq. The NEH along
with the NEA and the IMLS last issued
joint FOIA regulations, 45 CFR part
1100, on December 21, 1987. Each
agency has now decided to issue its own
separate FOIA regulations. The NEH’s
regulations incorporate changes brought
by the amendments to the FOIA under
the OPEN Government Act of 2007,
Public Law 110–175, 121 Stat. 2524.
These regulations also include changes
to the NEH’s fee schedule for processing
FOIA requests, provide procedures
under which the agency will process
requests for the NEH Office of the
Inspector General records, and reflect
developments in FOIA case law.
E.O. 12866, Regulatory Review
The NEH has determined that the
proposed rule is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 and therefore is not subject
to Office of Management and Budget
(OMB) Review.
Regulatory Flexibility Act
The NEH Chairman, in accordance
with the Regulatory Flexibility Act, 5
U.S.C. 605(b), certifies that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities. Under the
FOIA, NEH may recover only the direct
costs of searching for, reviewing, and
duplicating the records that agencies
process for requesters. NEH’s fee
schedules for such costs are consistent
with OMB guidelines on FOIA fees, and
provide criteria by which requesters
may receive a fee waiver or reduction of
fees. Furthermore, the rule will only
affect persons and organizations who
file FOIA requests with NEH, which
receives relatively few requests each
year (generally less than fifty (50) per
year) in comparison to other Federal
departments and agencies.
Unfunded Mandates Reform Act of
1995
For purposes of the Unfunded
Mandates Reform Act of 1995, Pub. L.
104–4, the proposed rule will not result
in the expenditure by State, local, and
Tribal governments, in the aggregate, or
by the private sector, of $100,000,000
million or more in any one year, and it
will not significantly or uniquely affect
small governments.
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]]>Agencies
[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Proposed Rules]
[Pages 9651-9654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02964]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2012-0494: FRL-9778-7]
Approval and Promulgation of Implementation Plans; Oregon: Heat
Smart Program and Enforcement Procedures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to approve multiple revisions to Oregon's
State Implementation Plan (SIP) submitted to the EPA by the Oregon
Department of Environmental Quality (ODEQ) on October 5, 2011, June 8,
2012, and November 28, 2012. The October 5, 2011 submission contains
revisions to the Heat Smart program and to the enforcement procedures
and civil penalties in Oregon Administrative Rules (OAR) Chapter 340,
Division 12 (OAR 340-12). The June 8, 2012 submission contains
additional revisions to the Heat Smart program, along with minor
revisions and clarifications to general air pollution definitions (OAR
340-200), rules for stationary source notification requirements (OAR
340-210), and requirements for fuel burning (OAR 340-228). The November
28, 2012 submission contains revisions to approve the inclusion of
expedited enforcement offers and updated penalty classifications and
criteria (OAR 340-012).
DATES: Comments must be received on or before March 13, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2012-0494, by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Mail: Justin A. Spenillo, EPA, Office of Air, Waste, and Toxics,
AWT-107, 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101.
C. Email: R10-Public_Comments@epa.gov.
D. Hand Delivery: EPA, Region 10 Mailroom, 9th Floor, 1200 Sixth
Avenue, Seattle, Washington 98101. Attention: Justin A. Spenillo,
Office of Air Waste, and Toxics, AWT-107. Such deliveries are only
accepted during normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2012-0494. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information that is
restricted by statute from disclosure. Do not submit information that
you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
that is restricted by statute from disclosure. Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically at www.regulations.gov or
in hard copy during normal business hours at the Office of Air, Waste
and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, Washington
98101.
FOR FURTHER INFORMATION CONTACT: Justin A. Spenillo, (206) 553-6125; or
by email at spenillo.justin@epa.govmailto:body.steve@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. This Action
II. Why are we proposing to approve these revisions?
A. The EPA's Review of OAR Chapter 340, Division 262 Heat Smart
Program for Residential Woodstoves and Other Solid Fuel Heating
Devices (October 5, 2011 and June 8, 2012 Submittals)
B. The EPA's Review of OAR Chapter 340, Division 12 Rules
(October 5, 2011 and November 28, 2012 Submittals)
C. The EPA's Review of OAR Chapter 340, Divisions 200, 210, and
228 Rules (June 8, 2012 Submittal)
D. The EPA's Review of OAR 340-200-0040 (October 5, 2011, June
8, 2012, and November 28, 2012 Submittals)
III. Summary of Action
IV. Statutory and Executive Orders Review
I. This Action
Title I of the CAA, as amended by Congress in 1990, specifies the
general requirements for states to submit SIPs to attain and maintain
the National Ambient Air Quality Standards (NAAQS) and the EPA's
actions regarding approval of those SIPs. In this action, we are
proposing to approve and incorporate by reference (IBR) revisions
[[Page 9652]]
to the portions of Oregon's SIP relating to the Heat Smart Program
found at OAR 340-262 and submitted by ODEQ on October 5, 2011 and June
8, 2012.
The EPA is also proposing to approve but not IBR revisions to
enforcement provisions in OAR 340-012, submitted by ODEQ on October 5,
2011 and November 28, 2012. In addition, the EPA proposes to approve
the remaining revisions to OAR 340-012 only to the extent they relate
to enforcement of requirements contained in the Oregon SIP.
The EPA proposes to approve revisions to OAR 340-200 (except OAR
340-200-0040), OAR 340-210 and OAR 340-228, as they relate to general
definitions, stationary source notification requirements, and fuel
requirements in the Oregon SIP. These revisions were submitted by ODEQ
on June 8, 2012.
Each of the above-described submittals (October 5, 2011, June 8,
2012, and November 28, 2012) contains an amendment to OAR 340-200-0040,
which describes the State's procedures for adopting its Clean Air Act
Implementation Plan and references all of the state air regulations
that have been adopted by the Environmental Quality Commission (EQC)
for approval into the SIP (as a matter of state law), whether or not
they have been submitted or approved by the EPA. We are proposing no
action on the revisions to OAR 340-200-0040 in each of these submittals
because it is unnecessary to take action on a provision addressing the
State's SIP adoption procedures and because the Federally-approved SIP
consists only of regulations and other requirements that have been
submitted by ODEQ and approved by the EPA.
II. Why are we proposing to approve these revisions?
We are proposing to approve the SIP revisions submitted by ODEQ on
October 5, 2011, June 8, 2012, and November 28, 2012 (except for OAR
340-200-0040) because they serve to clarify and strengthen the State's
existing SIP and are consistent with the CAA requirements. A more
detailed explanation of the basis for our approval is provided below
and in the materials included in the docket.
A. The EPA's Review of OAR Chapter 340, Division 262 Heat Smart Program
for Residential Woodstoves and Other Solid Fuel Heating Devices
(October 5, 2011 and June 8, 2012 Submittals)
OAR 340-262 was last approved by the EPA on January 22, 2003 (68 FR
2891). The Federally-approved woodheating rules previously codified at
OAR 340-262 have been reorganized and strengthened within the same
division and renamed as the Heat Smart Program for Residential
Woodstoves and Other Solid Fuel Heating Devices. The Heat Smart program
requires the removal of uncertified woodstoves and most other
uncertified solid fuel heating devices upon the sale of a home. The
revisions included in ODEQ's October 5, 2011 and June 8, 2012
submittals provide for: establishing the Heat Smart program as a
statewide program as opposed to being a contingency measure only
applicable to non-attainment areas in Oregon, streamlining and
reorganizing the existing woodheating rules, and additions to the rules
that strengthen the division and contribute to maintenance of the
NAAQS. Table 1 below outlines the reorganization of OAR 340-262.
Table 1--Reorganization of OAR 340-262
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Prior
Rule name rule New rule
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Purpose....................... -0010 -0400
Definitions................... -0020 -0450
Woodstove Sales--Requirements -0030 -0600
for Sale of Woodstoves.
Exemptions.................... -0040 -0600, -0700, -0800
Civil Penalties............... -0050 -0800
Woodstove Certification -0100 -0500
Program--Applicability.
Emissions Performance -0110 -0500
Standards and Certification.
General Certification -0120 -0500
Procedures.
Labeling Requirements......... -0130 -0600
Woodburning Curtailment-- -0200 -0800 (1)
Applicability.
Determination of Air -0210 -0800 (3)
Stagnation Conditions.
Prohibition of Woodburning -0220 -0800 (4)
During Periods of Air
Stagnation.
Public Information Program.... -0230 -0800 (5)
Enforcement................... -0240 -0800 (6-8)
Suspension and Department -0250 -0800 (9)
Program.
Woodstove Removal Contingency -0300 -0700
Program--Applicability.
Removal and Destruction of -0310 -0700
Uncertified Stove Upon Sale
of Home.
Home Seller's Responsibility -0320 -0700
to Verify Stove Destruction.
Home Seller's Responsibility -0330 -0700
to Disclose.
Materials Prohibited from New -0900
Burning.
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The expansion of the Heat Smart program to a statewide program makes it
applicable to a larger geographic area and with broader criteria, and
enhances protection of air quality by accelerating the replacement of
uncertified woodstoves. This revision strengthens the SIP by increasing
the applicability and scope of the Heat Smart program which will result
in the removal of more uncertified woodstoves and other uncertified
solid fuel heating devices, and is therefore more protective of the
NAAQS.
In addition to the reorganization of OAR 340-262 and the expansion
of the Heat Smart program statewide, Oregon submitted for approval a
number of additions, clarifications, and streamlining revisions. Oregon
requests approval to add prohibitions limiting the types of materials
that can be burned in a solid fuel device. The inclusion of such
limitations strengthens the SIP by reducing the potential emission of
criteria pollutants from the burning of inappropriate material. Oregon
also proposes to expand the applicability of the rules from woodstoves/
woodheaters to include solid fuel burning devices. The October 5, 2011
submittal requests approval to include a new definition for solid fuel
burning devices that includes
[[Page 9653]]
woodstoves and other devices that burn wood, coal, or other nongaseous
or nonliquid fuels. The June 8, 2012 submittal refines the definition
to maintain the residential focus of the rule by not including small
scale heating devices used for commercial, industrial, and
institutional facilities. The new definition of solid fuel burning
devices is more stringent because it covers residential heating devices
that use wood, coal, or other non-gaseous or non-liquid fuels in
addition to the residential woodheating devices covered under the prior
definition.
Based on the EPA's review and analysis of OAR 340-262, the EPA is
proposing to approve the above-described SIP strengthening revisions as
meeting the requirements of section 110 of the CAA. In addition, the
EPA proposes to remove from the SIP the regulations previously codified
at OAR 340-262-0010 to OAR 340-262-0330 because the citations for these
regulations have been renumbered as shown in Table 1.
B. The EPA's Review of OAR Chapter 340, Division 12 Rules (October 5,
2011 and November 28, 2012 Submittals)
The October 5, 2011 submittal included revisions to OAR 340-012-
0054 and 340-012-0140. These revisions strengthen enforcement by
including as Class I and II violations the restrictions on burning
certain materials in solid fuel devices contained in OAR 340-262-0900,
and by updating the related penalty matrix. Oregon is also requesting
one revision to remove as a Class III violation the failure to display
a certified woodstove temporary label. The removal of this violation as
a Class III violation will not interfere with attainment and
maintenance of the NAAQS.
The November 28, 2012 submittal includes one substantive revision
and minor typographical and renumbering revisions. The substantive
revision was the addition of expedited enforcement offers and
associated criteria at OAR 340-012-0030, 340-012-0038, and 340-012-
0170. An expedited enforcement offer is a written offer from ODEQ to
settle alleged violations using expedited procedures. The purpose of
expedited enforcement offers is to promote compliance and enforcement
through faster, informal resolution of alleged violations. The minor
typographical and renumbering revisions address OAR 340-012-0155.
The EPA has reviewed the revisions described above and finds that
they provide ODEQ with adequate authority for enforcing the SIP as
required by Section 110 of the CAA and 40 CFR 51.230(b). The EPA is
therefore proposing to approve the revisions to OAR 340-012 subject to
the qualifications and in the manner discussed below.
The EPA's authority to approve SIP revisions extends to provisions
related to attainment and maintenance of the NAAQS and carrying out
other specific requirements of Section 110 of the CAA. In addition, EPA
is approving the remaining sections in OAR 340-012 only to the extent
they relate to enforcement of requirements contained in the Oregon SIP.
Although the EPA is approving the regulations in OAR 340-012 in the
manner discussed above, the EPA is not incorporating these rules by
reference into the Code of Federal Regulations because the EPA relies
on its own independent enforcement procedures and penalty provisions in
bringing enforcement actions and assessing penalties under the CAA.
The EPA also notes that Oregon Revised Statute (ORS) 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, this statutory provision 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 the EPA approval of the Oregon SIP, no advance
notice is required for violation of SIP requirements.
C. The EPA's Review of OAR Chapter 340, Divisions 200, 210, and 228
Rules (June 8, 2012 Submittal)
The June 8, 2012 submission includes revisions to OAR 340,
Divisions 200, 210, and 228, which were last subject to the EPA
approval on January 22, 2003 (68 FR 2891). OAR 340-200 includes the
rules for General Air Pollution Procedures and Definitions, OAR 340-210
includes the rules for Stationary Source Notification Requirements, and
OAR 340-228 includes the rules for Requirements for Fuel Burning
Equipment and Fuel Sulfur.
Revisions to OAR 340-200-0020, General Air Quality Definitions,
include minor typographical corrections, inclusion of a definition of
``form,'' and subsequent renumbering.
Revisions to OAR 340-210, Stationary Source Notification
Requirements, include changes to OAR 340-210-0100, 340-210-0110, 340-
210-0120, and 340-210-0250. The revisions to OAR 340-210-0100 expand
upon and clarify the applicable sources, personnel, and criteria
necessary for a source to register with ODEQ in lieu of obtaining a
permit. The revision to OAR 340-210-0100 also includes updated fee
information and clarifies the registration requirements applicable to
sources subject to a federal New Source Performance Standards (NSPS)
and National Emission Standards for Hazardous Air Pollutants (NESHAPs).
Revisions to OAR 340-210-0110 and 340-210-0120 expand and clarify the
registration criteria and requirements to maintain registration.
Revisions to OAR 340-210-0250, Approval to Operate, clarify that
compliance with existing standards, testing and monitoring
requirements, and registration are still required and applicable. These
revisions are more detailed and stringent than the previously approved
provisions and are improvements to the rule.
Revisions to OAR 340-228, Requirements for Fuel Burning Equipment
and Fuel Sulfur Content, include changes to OAR 340-228-0020, 340-228-
0200, and 340-228-0210. These revisions include a cross reference to
the revised OAR 340-262 and clarify source applicability dates.
Based on the EPA's review and analysis of the revisions to OAR 340-
200, 340-210, and 340-228, the EPA is proposing to approve the
revisions because they meet the requirements of section 110 of the CAA
and will not interfere with attainment or maintenance of the NAAQS.
D. The EPA's Review of OAR 340-200-0040 (October 5, 2011, June 8, 2012,
and November 28, 2012 Submittals)
On October 5, 2011, June 8, 2012, and November 28, 2012, Oregon
submitted for SIP approval amendments to OAR 340-200-0040. The EPA is
proposing no action on these amendments because it is unnecessary to
take action on provisions addressing the State's SIP adoption
procedures and incorporating by reference all of the revisions adopted
by the State for approval into the SIP (as a matter of state law).
III. Summary of Action
The EPA is proposing to approve amendments to OAR Chapter 340,
Divisions 12, 200, 210, 228 and 262 because they are consistent with
CAA requirements. We are also proposing to take no action to approve
amendments to OAR 340-200-0040 submitted on October 5, 2011, June 8,
2012, and November 28, 2012.
[[Page 9654]]
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
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 action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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 application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide 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).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and it will not impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter.
Dated: January 31, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2013-02964 Filed 2-8-13; 8:45 am]
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