Approval and Promulgation of Implementation Plans; Oregon: Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter and 2008 Ozone National Ambient Air Quality Standards, 17304-17313 [2013-06309]
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best interest rate available at the lowest
possible cost to the borrower.
The proposed change in review time
should not alter the current quality of
review of the loan file or the quality of
the Direct Endorsement lender approval
process. FHA guidance, issued in
accordance with 24 CFR 203.3(b)(2),
already requires the lender to certify
that their underwriter(s) have the
qualifications, expertise, and experience
to underwrite mortgage loans in
accordance with FHA requirements.
Given the certification required of
lenders, the shift in the timeframe for
review may in fact result in enhanced
lender accountability; that is, the lender
will place more emphasis on ensuring
that their underwriting staff is
sufficiently trained prior to requesting
Direct Endorsement authority. Properly
trained underwriters will help to
increase the number of loans that are
found to be acceptable, resulting in an
even higher percentage of loan files that
meet FHA policies and guidelines.
FHA analyzed data for mortgage loans
that were submitted for review during
the period beginning October 1, 2009
through June 30, 2012. The data
demonstrated that 86.7 percent of all
loans reviewed during this time period,
and 90.5 percent of all loans reviewed
year to date in FY 2012, were found to
meet FHA policies and guidelines and
were subsequently endorsed. In
addition, of the lenders entering the
Direct Endorsement review process
during the October 1, 2009 through June
30, 2012 timeframe, 48.6 percent did not
receive an unacceptable rating on any
loan submitted for review, while 28
percent of lenders had only one loan
rated unacceptable and 10.9 percent of
lenders had two loans rated
unacceptable. Overall, 87.4 percent of
lenders had two or fewer loans rated
unacceptable. Currently, in FY 2012, the
percentage of lenders with two or fewer
loans rated unacceptable has increased
to 93.3 percent and is expected to
continue to improve.
When material violations of FHA
policies and procedures are uncovered
during the loan file review, FHA will
notify the lender that a preliminary
assessment, based on file
documentation, indicates that the loan
contains material findings such that
FHA is exposed to an unacceptable level
of risk. FHA will provide the lender
with an opportunity to present missing
information or documentation to
address the review findings and permit
subsequent submission for
endorsement. As is the current practice,
if the lender is unable to adequately
respond (or fails to respond) to the
material findings, FHA will notify the
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lender that the loan is not eligible for
endorsement.
The lender will have satisfied the preendorsement review requirements
necessary to be approved for
unconditional Direct Endorsement
authority once FHA has reviewed and
found acceptable the requisite number
of loan files pursuant to 24 CFR
203.3(b)(4).
III. Solicitation of Comment
Comment is solicited on the proposed
shift in the timeframe for conducting its
pre-endorsement review of the loans
originated by prospective Direct
Endorsement lenders from prior to the
lender closing each loan to before FHA’s
endorsement of the mortgage for
insurance. Comment is also solicited on
other proposals that would reduce the
processing time and facilitate loan
closing.
Dated: March 12, 2013.
Carol J. Galante,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2013–06110 Filed 3–20–13; 8:45 am]
BILLING CODE 4210–67–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2011–0884, FRL– 9791–7]
Approval and Promulgation of
Implementation Plans; Oregon:
Infrastructure Requirements for the
1997 and 2006 Fine Particulate Matter
and 2008 Ozone National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The EPA is proposing to
approve the State Implementation Plan
(SIP) submittals from the State of
Oregon to demonstrate that the SIP
meets the infrastructure requirements of
the Clean Air Act (CAA) for the National
Ambient Air Quality Standards
(NAAQS) promulgated for fine
particulate matter (PM2.5) on July 18,
1997 and October 17, 2006, and for
ozone on March 12, 2008. The EPA is
proposing to find that the Federallyapproved provisions currently in the
Oregon SIP meet the CAA infrastructure
requirements for the 1997 PM2.5, 2006
PM2.5, and the 2008 ozone NAAQS. The
EPA is also proposing to find that the
Federally-approved provisions currently
in the Oregon SIP meet the interstate
transport requirements of the CAA
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related to prevention of significant
deterioration for the 2008 ozone
NAAQS, and related to visibility for the
2006 PM2.5 and 2008 ozone NAAQS.
This action does not propose to approve
any additional provisions into the
Oregon SIP but is a proposed finding
that the current provisions of the
Oregon SIP are adequate to satisfy the
above-mentioned infrastructure
elements required by the CAA.
DATES: Comments must be received on
or before April 22, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2011–0884, by any of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: R10Public_Comments@epa.gov.
• Mail: Kristin Hall, EPA Region 10,
Office of Air, Waste and Toxics (AWT–
107), 1200 Sixth Avenue, Suite 900,
Seattle WA 98101.
• Hand Delivery/Courier: EPA Region
10 Mailroom, 9th Floor, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101.
Attention: Kristin Hall, 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–2011–
0884. 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
the disclosure of which is restricted by
statute. 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
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NAAQS, and CAA section
110(a)(2)(D)(i)(II) as it applies to
visibility for the 2006 PM2.5 and 2008
ozone NAAQS.
CAA section 110(a)(1) requires that
each state, after a new or revised
NAAQS is promulgated, review their
SIPs to ensure that they meet the
requirements of the ‘‘infrastructure’’
elements of CAA section 110(a)(2). The
State of Oregon made multiple
submittals to satisfy the infrastructure
requirements for the 1997 and 2006
PM2.5 NAAQS and the 2008 ozone
NAAQS. On September 25, 2008, the
State submitted to the EPA a
certification that the State’s SIP meets
the infrastructure obligations for the
1997 ozone and 1997 PM2.5 NAAQS.
Subsequently, on December 23, 2010,
the State submitted the ‘‘Oregon SIP
Infrastructure for Addressing the
Interstate Transport of Ozone and Fine
Particulate Matter’’ to address the
requirements of CAA section
110(a)(2)(D)(i) for multiple NAAQS,
including the 2006 PM2.5 and 2008
ozone NAAQS. On August 17, 2011, the
State submitted to the EPA a
certification that the State’s SIP meets
the infrastructure requirements for the
2006 PM2.5 NAAQS. Finally, on
December 19, 2011, the State submitted
to the EPA a certification that the State’s
SIP meets the infrastructure
Table of Contents
requirements for the 2008 ozone
I. Proposed Action
NAAQS.
II. Background
At this time, the EPA is acting on the
III. CAA Sections 110(a)(1) and (2)
infrastructure submittals for the CAA
Infrastructure Elements
section 110(a)(2) required elements as
IV. Scope of Action on Infrastructure
they relate to the 1997 PM2.5, 2006
Submittals
PM2.5, and 2008 ozone NAAQS. This
V. Analysis of the State’s Submittal
action does not address infrastructure
VI. Scope of Proposed Action
VII. Proposed Action
requirements with respect to the 1997
VIII. Statutory and Executive Order Reviews
ozone NAAQS which the EPA
previously approved on May 21, 2012
I. Proposed Action
(77 FR 29904). This action also does not
The EPA is proposing to approve the
address the requirements of CAA
State Implementation Plan (SIP)
section 110(a)(2)(D)(i) for the 1997 PM2.5
submittals from the State of Oregon to
NAAQS which have previously been
demonstrate that the SIP meets the
approved by the EPA in three separate
requirements of CAA section 110(a)(1)
actions on June 9, 2011 (76 FR 33650),
and (2) for the NAAQS promulgated for
July 5, 2011 (76 FR 38997), and
particulate matter on July 18, 1997 and
December 27, 2011 (76 FR 80747).
October 17, 2006, and for ozone on
In addition, this action does not
March 12, 2008. The EPA is proposing
address the requirements of CAA
to find that the Federally-approved
section 110(a)(2)(D)(i)(II) as it relates to
provisions currently in the Oregon SIP
prevention of significant deterioration
meet the following CAA section
for the 2006 PM2.5 NAAQS, which the
110(a)(2) infrastructure elements for the EPA approved on December 27, 2011
1997 PM2.5, 2006 PM2.5, and 2008 ozone (76 FR 80747). This action also does not
NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), address the requirements of CAA
(H), (J), (K), (L), and (M). The EPA is also section 110(a)(2)(D)(i)(I) for the 2006
proposing to find that the FederallyPM2.5 and 2008 ozone NAAQS which
approved provisions currently in the
the EPA will address in a future action.
Oregon SIP meet the requirements of
Furthermore, the EPA interprets the
CAA section 110(a)(2)(D)(i)(II) as it
CAA section 110(a)(2)(J) provision on
applies to prevention of significant
visibility as not being triggered by a new
deterioration for the 2008 ozone
NAAQS because the visibility
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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 docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
the disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
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
WA 98101.
FOR FURTHER INFORMATION CONTACT:
Kristin Hall at (206) 553–6357,
hall.kristin@epa.gov, or the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is
intended to refer to the EPA.
Information is organized as follows:
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requirements in part C are not changed
by a new NAAQS.
II. Background
On July 18, 1997, the EPA
promulgated a new 24-hour and a new
annual NAAQS for PM2.5 (particles with
an aerodynamic diameter less than or
equal to a nominal 2.5 micrometers) (62
FR 38652). More recently, on October
17, 2006 (effective date December 18,
2006), the EPA revised the standards for
particulate matter, tightening the 24hour PM2.5 standard from 65
micrograms per cubic meter (m/m3) to 35
m/m3, and retaining the current annual
fine particle standard at 15 m/m3 (71 FR
61144). On March 12, 2008, the EPA
revised the levels of the primary and
secondary 8-hour ozone standards to
0.075 parts per million (73 FR 16436).
The CAA requires State
Implementation Plans (SIPs) meeting
the requirements of sections 110(a)(1)
and (2) be submitted by states within
three years after promulgation of a new
or revised standard. CAA sections
110(a)(1) and (2) require states to
address basic SIP requirements,
including emissions inventories,
monitoring, and modeling to assure
attainment and maintenance of the
standards, so-called ‘‘infrastructure’’
requirements. CAA section 110(a)
imposes the obligation upon states to
make a SIP submission to the EPA for
a new or revised NAAQS, but the
contents of that submission may vary
depending upon the facts and
circumstances. In particular, the data
and analytical tools available at the time
the state develops and submits the SIP
for a new or revised NAAQS affects the
content of the submission. The contents
of such SIP submissions may also vary
depending upon what provisions the
state’s existing SIP already contains.
To help states meet this statutory
requirement, the EPA issued guidance
to states. On October 2, 2007, the EPA
issued guidance to address
infrastructure SIP requirements for the
1997 ozone and 1997 PM2.5 NAAQS.1
On September 25, 2009, the EPA issued
guidance to address infrastructure SIP
requirements for the 2006 24-hour PM2.5
NAAQS.2 These guidance documents
1 William T. Harnett, Director, Air Quality Policy
Division, Office of Air Quality Planning and
Standards. ‘‘Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the 1997 8-hour
Ozone and PM2.5 National Ambient Air Quality
Standards.’’ Memorandum to EPA Air Division
Directors, Regions I–X, October 2, 2007.
2 William T. Harnett, Director, Air Quality Policy
Division, Office of Air Quality Planning and
Standards. ‘‘Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the 2006 24hour Fine Particle (PM2.5) National Ambient Air
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provide that, to the extent an existing
SIP already meets the CAA section
110(a)(2) requirements, states may
submit a certification to the EPA.
III. CAA Sections 110(a)(1) and (2)
Infrastructure Elements
CAA section 110(a)(1) provides the
procedural and timing requirements for
SIP submissions after a new or revised
NAAQS is promulgated. CAA section
110(a)(2) lists specific elements that
states must meet for ‘‘infrastructure’’ SIP
requirements related to a newly
established or revised NAAQS. These
requirements include SIP infrastructure
elements such as modeling, monitoring,
and emissions inventories that are
designed to assure attainment and
maintenance of the NAAQS. The
requirements, with their corresponding
CAA subsection, are listed below:
• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
• 110(a)(2)(C): Program for
enforcement of control measures.
• 110(a)(2)(D): Interstate transport.
• 110(a)(2)(E): Adequate resources.
• 110(a)(2)(F): Stationary source
monitoring system.
• 110(a)(2)(G): Emergency power.
• 110(a)(2)(H): Future SIP revisions.
• 110(a)(2)(I): Areas designated
nonattainment and meet the applicable
requirements of part D.
• 110(a)(2)(J): Consultation with
government officials; public
notification; and Prevention of
Significant Deterioration (PSD) and
visibility protection.
• 110(a)(2)(K): Air quality modeling/
data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
The October 2, 2007 and September
25, 2009 EPA infrastructure guidance
clarify that two elements identified in
CAA section 110(a)(2) are not governed
by the three-year submission deadline of
CAA section 110(a)(1) because SIPs
incorporating necessary local
nonattainment area controls are not due
within three years after promulgation of
a new or revised NAAQS, but rather, are
due at the time the nonattainment area
plan requirements are due pursuant to
CAA section 172. These requirements
are: (i) submissions required by CAA
section 110(a)(2)(C) to the extent that
subsection refers to a permit program as
required in part D, Title I of the CAA,
Quality Standards (NAAQS).’’ Memorandum to
Regional Air Division Directors, Regions I–X,
September 25, 2009. The EPA has not yet issued
guidance to states to address the infrastructure SIP
requirements for the 2008 ozone NAAQS.
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and (ii) submissions required by CAA
section 110(a)(2)(I) which pertain to the
nonattainment planning requirements of
part D, Title I of the CAA. As a result,
this action does not address
infrastructure elements related to CAA
section 110(a)(2)(C) with respect to
nonattainment new source review (NSR)
or CAA section 110(a)(2)(I).
Furthermore, the EPA interprets the
CAA section 110(a)(2)(J) provision on
visibility as not being triggered by a new
NAAQS because the visibility
requirements in part C, Title I of the
CAA are not changed by a new NAAQS.
IV. Scope of Action on Infrastructure
Submittals
This rulemaking will not cover four
substantive issues that are not integral
to acting on a state’s infrastructure SIP
submission: (i) Existing provisions
related to excess emissions during
periods of start-up, shutdown, or
malfunction at sources, that may be
contrary to the CAA and the EPA’s
policies addressing such excess
emissions (‘‘SSM’’) 3; (ii) existing
provisions related to ‘‘director’s
variance’’ or ‘‘director’s discretion’’ that
purport to permit revisions to SIP
approved emissions limits with limited
public process or without requiring
further approval by the EPA, that may
be contrary to the CAA (‘‘director’s
discretion’’); (iii) existing provisions for
minor source NSR programs that may be
inconsistent with the requirements of
the CAA and the EPA’s regulations that
pertain to such programs (‘‘minor source
NSR’’); and, (iv) existing provisions for
PSD programs that may be inconsistent
with current requirements of the EPA’s
‘‘Final NSR Improvement Rule,’’ 67 FR
80186 (December 31, 2002), as amended
by 72 FR 32526 (June 13, 2007). The
EPA has indicated that it has other
authority to address any such existing
SIP defects in other rulemakings, as
appropriate. A detailed rationale for
why these four substantive issues are
not part of the scope of infrastructure
SIP rulemakings can be found in the
3 For further description of EPA’s SSM Policy,
see, e.g., a memorandum dated September 20, 1999,
titled, ‘‘State Implementation Plans: Policy
Regarding Excess Emissions During Malfunctions,
Startup, and Shutdown,’’ from Steven A. Herman,
Assistant Administrator for Enforcement and
Compliance Assurance, and Robert Perciasepe,
Assistant Administrator for Air and Radiation. Also,
the EPA issued a proposed action on February 12,
2013, titled ‘‘State Implementation Plans: Response
to Petition for Rulemaking; Findings of Substantial
Inadequacy; and SIP Calls to Amend Provisions
Applying to Excess Emissions During Periods of
Startup, Shutdown and Malfunction.’’ This
rulemaking responds to a petition for rulemaking
filed by the Sierra Club that concerns SSM
provisions in 39 states’ SIPs (February 22, 2013, 78
FR 12460).
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EPA’s previous action to approve the
State of Oregon 1997 ozone
infrastructure SIP submittal (proposed
action on February 7, 2012, 77 FR 6044;
final action on May 21, 2012, 77 FR
29904).
V. Analysis of the State’s Submittal
The State of Oregon SIP submittals
list specific provisions of the Oregon
Revised Statutes (ORS) Chapter 468
Environmental Quality Generally,
Public Health and Safety, General
Administration; ORS Chapter 468A Air
Quality, Public Health and Safety, Air
Quality Control; Oregon Administrative
Rules (OAR) Chapter 340, and the
Oregon SIP. The specific sections are
listed below, with a discussion of how
the State submittals meet the
requirements.
110(a)(2)(A): Emission limits and other
control measures
CAA section 110(a)(2) requires SIPs to
include enforceable emission limits and
other control measures, means or
techniques (including economic
incentives such as fees, marketable
permits, and auctions of emissions
rights), as well as schedules and
timetables for compliance, as may be
necessary or appropriate to meet the
applicable requirements of the CAA.
State submittal: The State SIP
submittals cite multiple State air quality
laws and previously SIP-approved
regulations to address this element for
the 1997 PM2.5, 2006 PM2.5, and 2008
ozone NAAQS. ORS 468A.035 ‘‘General
Comprehensive Plan’’ provides
authority to the Oregon Department of
Environmental Quality (ODEQ) to
develop a general comprehensive plan
for the control or abatement of air
pollution. ORS 468A.020 ‘‘Rules and
Standards’’ gives the State
Environmental Quality Commission
(EQC) authority to adopt rules and
standards to perform functions vested
by law. ORS 468A.025 ‘‘Air Purity
Standards’’ provides the EQC with the
authority to set air quality standards,
emission standards, and emission
treatment and control provisions. ORS
468A.040 ‘‘Permits; Rules’’ provides
that the EQC may require permits for air
contamination sources, type of air
contaminant, or specific areas of the
State. The State submittals cite the
following additional laws and
regulations that establish emission
limits and pollution controls:
• ORS 468A.045 Activities
Prohibited Without Permit; Limit on
Activities with Permit
• ORS 468A.050 Classification of
Air Contamination Sources; Registration
and Reporting of Sources; Rules; Fees
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• ORS 468A.055 Notice Prior to
Construction of New Sources; Order
Authorizing or Prohibiting
Construction; Effect of No Order;
Appeal
• ORS 468A.070 Measurement and
Testing of Contamination Sources; Rules
• ORS 468A.085 Residential Open
Burning of Vegetative Debris
• ORS 468A.315 Emission Fees for
Major Sources; Base Fees; Basis of Fees;
Rules
• ORS 468A.350–.455 Motor
Vehicle Pollution Control
• ORS 468A.460–.520 Woodstove
Emissions Control
• ORS 468A.550–.620 Field Burning
and Propane Flaming
• ORS 468A.625–.645
Chlorofluorocarbons and Halon Control
• ORS 468A.650–.660 Aerosol
Spray Control
• ORS 468A.990 Penalties
• OAR 340–200 General Air
Pollution Procedures and Definitions
• OAR 340–202 Ambient Air
Quality Standards and PSD Increments
• OAR 340–204 Designation of Air
Quality Areas
• OAR 340–222 Stationary Source
Plant Site Emission Limits
• OAR 340–224 Major New Source
Review
• OAR 340–226 General Emission
Standards
• OAR 340–228 Requirements for
Fuel Burning Equipment and Fuel
Sulfur Content
• OAR 340–232 Emission Standards
for VOC Point Sources
• OAR 340–234 Emission Standards
for Wood Products Industries
• OAR 340–236 Emission Standards
for Specific Industries
• OAR 340–240 Rules for Areas
with Unique Air Quality Needs
• OAR 340–242 Rules Applicable to
the Portland Area
• OAR 340–250 General Conformity
• OAR 340–252 Transportation
Conformity
• OAR 340–256 Motor Vehicles
• OAR 340–258 Motor Vehicle Fuel
Specifications
• OAR 340–262 Residential
Woodheating
• OAR 340–266 Field Burning Rules
(Willamette Valley)
• OAR 340–268 Emission Reduction
Credits
EPA analysis: The State regulations
identified above were previously
approved by the EPA into the Oregon
SIP and demonstrate that the Oregon
SIP includes enforceable emission limits
and other control measures to
implement the 1997 PM2.5, 2006 PM2.5,
and 2008 ozone NAAQS. OAR 340–200
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‘‘General Air Pollution Procedures and
Definitions’’ defines direct PM2.5,
nitrogen oxides (NOX) and sulfur
dioxide (SO2) as precursors to PM2.5,
and NOX and volatile organic
compounds (VOCs) as precursors to
ozone. This rule also defines significant
emissions rates, de minimis emission
levels, and plant site emission rates for
air pollutants including direct PM2.5,
NOX and SO2 as precursors to PM2.5,
and NOX and VOCs as precursors to
ozone. OAR 340–202 ‘‘Ambient Air
Quality Standards and PSD Increments’’
includes the 1997 PM2.5, 2006 PM2.5,
and 2008 ozone NAAQS. The EPA most
recently approved into the State’s SIP
revisions to OAR 340–200 and OAR
340–202 on December 27, 2011 (76 FR
80747).
The State of Oregon has no areas
designated nonattainment for the 1997
PM2.5 standard and no areas designated
nonattainment for the 2008 ozone
standard. The State has two areas
designated nonattainment for the 2006
PM2.5 standard (Klamath Falls and
Oakridge). However, the EPA does not
consider SIP requirements triggered by
the nonattainment area mandates in part
D, Title I of the CAA to be governed by
the submission deadline of CAA section
110(a)(1).
The State generally regulates
emissions of PM2.5, PM2.5 precursors,
and ozone precursors through its SIPapproved New Source Review (NSR)
permitting programs, in addition to
other rules and control programs
identified below. The EPA most recently
approved revisions to the State’s major
and minor NSR permitting programs on
December 27, 2011 (76 FR 80747), to
regulate direct PM2.5 emissions, in
addition to NOX and SO2 as precursors
to PM2.5. The State’s SIP-approved major
and minor NSR permitting programs
regulate NOX and VOCs as precursors to
ozone. In addition to the State’s NSR
permitting regulations, the State’s SIP
contains rules that establish various
controls on emissions of particulate
matter, NOX, SO2, and VOCs. These
controls include rules for operational
and work practices standards, fuel
burning equipment and fuel sulfur
content, grain loading, specific industry
sectors, motor vehicle pollution,
industrial emission management,
residential wood heating, field burning,
and banking of emission reduction
credits. Based on the analysis above, the
EPA is proposing to approve the Oregon
SIP as meeting the requirements of CAA
section 110(a)(2)(A) for the 1997 PM2.5,
2006 PM2.5, and 2008 ozone NAAQS.
The EPA is not proposing to approve
or disapprove any existing State
provisions with regard to excess
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emissions during startup, shutdown, or
malfunction (SSM) of operations at a
facility. The EPA believes that a number
of states may have SSM provisions that
are contrary to the CAA and existing
EPA guidance and the EPA has recently
proposed action to address such state
regulations.4
The EPA is not proposing to approve
or disapprove any existing State rules
with regard to director’s discretion or
variance provisions. The EPA believes
that a number of states may have such
provisions that are contrary to the CAA
and existing EPA guidance (November
24, 1987, 52 FR 45109), and the Agency
plans to take action in the future to
address such state regulations. In the
meantime, the EPA encourages any state
having a director’s discretion or
variance provision that is contrary to the
CAA and the EPA guidance to take steps
to correct the deficiency as soon as
possible.
110(a)(2)(B): Ambient air quality
monitoring/data system
CAA section 110(a)(2)(B) requires
SIPs to include provisions to provide for
establishment and operation of ambient
air quality monitors, collecting and
analyzing ambient air quality data, and
making these data available to the EPA
upon request.
State submittal: The State submittals
reference ORS 468.035(a–e, m)
‘‘Functions of the Department’’ which
provides authority to conduct and
supervise inquiries and programs to
assess and communicate air conditions
and to obtain necessary resources
(assistance, materials, supplies, etc) to
meet these responsibilities. In addition,
the State references ORS 468A.070
‘‘Measurement and Testing of
Contamination Sources; Rules’’ which
provides ODEQ authority to establish a
measurement and testing program
pursuant to rules adopted by the EQC.
The State also references the following
regulations pertaining to air quality
monitoring and data:
• OAR 340–200 General Air Quality
Definitions
• OAR 340–206 Air Pollution
Emergencies
• OAR 340–212 Stationary Source
Testing and Monitoring
• OAR 340–214 Stationary Source
Reporting
• OAR 340–216 Air Contaminant
Discharge Permits
• OAR 340–222 Stationary Source
Plant Site Emission Limits
• OAR 340–225 Air Quality
Analysis Requirements
4 See
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• OAR 340–226 General Emission
Standards
• OAR 340–232 Emission Standards
for VOC Point Sources
• OAR 340–256 Motor Vehicles
EPA analysis: A comprehensive air
quality monitoring plan, intended to
meet the requirements of 40 CFR part 58
was submitted by the State to the EPA
on December 27, 1979 (40 CFR 52.1970)
and approved by the EPA on March 4,
1981 (46 FR 15136). This air quality
monitoring plan has been subsequently
updated, with the most recent submittal
dated July 1, 2012 and approved by the
EPA on October 25, 2012.5 This plan
includes, among other things, the
locations for the particulate matter
monitoring network and ozone
monitoring network. The State provides
an annual air quality data report to the
public at https://www.deq.state.or.us/aq/
forms/annrpt.htm. In addition, the State
sends real time air monitoring
information for ozone and particulate
matter to the EPA’s AIRNow Web page
at https://www.airnow.gov and also
provides the information on the ODEQ
Air Quality Index (AQI) Web site at
https://www.deq.state.or.us/aqi. Based
on the foregoing, the EPA is proposing
to approve the Oregon SIP as meeting
the requirements of CAA section
110(a)(2)(B) for the 1997 PM2.5, 2006
PM2.5, and 2008 ozone NAAQS.
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110(a)(2)(C): Program for enforcement of
control measures
CAA section 110(a)(2)(C) requires
states to include a program providing
for enforcement of all SIP measures, and
the regulation of construction of new or
modified stationary sources, including a
permitting program to meet PSD and
nonattainment NSR requirements as
required by parts C and D of this
subchapter.
State submittal: The State submittals
refer to ORS 468.090–.140
‘‘Enforcement’’ which provide ODEQ
with authority to investigate complaints,
investigate and inspect sources for
compliance, access records, commence
enforcement procedures, and impose
civil penalties. In addition, ORS 468.035
(j, k) ‘‘Functions of the Department’’
provide ODEQ with authority to enforce
State air pollution laws and compel
compliance with any rule, standard,
order, permit or condition. The State
submittals cite the following Oregon
laws and regulations related to
enforcement and permitting:
• ORS 468.065 Issuance of Permits;
Consent; Fees; Use
5 Oregon Monitoring Network Approval Letter
dated October 25, 2012.
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• ORS 468.070 Denial,
Modification, Suspension or Revocation
of Permits
• ORS 468.090–.140 Enforcement
• ORS 468.920–.963 Environmental
Crimes
• ORS 468.996–.997 Civil Penalties
• ORS 468A.040 Permits; Rules
• ORS 468A.045 Activities
Prohibited without Permit
• ORS 468A.055 Notice Prior to
Construction of New Sources
• ORS 468A.060 Duty to Comply
with Laws, Rules, and Standards
• ORS 468A.105 Formation of
Regional Air Quality Control
Authorities
• ORS 468A.155 Rules Authorizing
Regional Permit Programs
• ORS 468A.165 Compliance with
State Standards Required; Hearing;
Notice
• ORS 468A.990 Penalties for Air
Pollution Offenses
• OAR 340–012 Enforcement
Procedure and Civil Penalties
• OAR 340–200 General Air
Pollution Procedures and Definitions
• OAR 340–202 Ambient Air
Quality Standards and PSD Increments
• OAR 340–210 Stationary Source
Notification Requirements
• OAR 340–214 Stationary Source
Reporting Requirements
• OAR 340–216 Air Contaminant
Discharge Permits (ADCP)
• OAR 340–224 Major New Source
Review
EPA analysis: The EPA is proposing
to find that the State code provisions
referenced in the State submissions
provide ODEQ with authority to enforce
the air quality laws, regulations,
permits, and orders promulgated
pursuant to ORS Chapters 468 and
468A. ODEQ staffs and maintains an
enforcement program to ensure
compliance with SIP requirements. The
ODEQ Director, at the direction of the
Governor, may enter a cease and desist
order for polluting activities that present
an imminent and substantial danger to
public health (ORS 468–115).
Enforcement cases may be referred to
the State Attorney General’s Office for
civil or criminal enforcement.
Therefore, the EPA is proposing to
approve the Oregon SIP as meeting the
requirements of CAA section
110(a)(2)(C) related to a program of
enforcement measures for the 1997
PM2.5, 2006 PM2.5, and 2008 ozone
NAAQS.
The EPA is also proposing to find that
the Oregon SIP meets the requirements
related to PSD under CAA section
110(a)(2)(C) for the 1997 PM2.5, 2006
PM2.5, and 2008 ozone NAAQS. As
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discussed below, the State’s previouslyapproved SIP provisions are adequate to
satisfy the requirements of CAA section
110(a)(2)(C) for the 1997 PM2.5, 2006
PM2.5, and 2008 ozone NAAQS because
they meet current Federal standards.
The State’s major NSR program includes
requirements for major source
permitting in nonattainment areas,
maintenance areas, and attainment and
unclassifiable areas (OAR 340–224). The
State’s Federally-enforceable state
operating permit program is found at
OAR 340–216 ‘‘Air Contaminant
Discharge Permits,’’ and is also the
administrative permit mechanism used
to implement the notice of construction
and major new source review programs.
ODEQ delegates authority to Lane
Regional Air Protection Agency
(LRAPA) to implement the source
permitting programs within LRAPA’s
area of jurisdiction. The requirements
and procedures contained in OAR 340–
216, OAR 340–222 and OAR 340–224
are used by LRAPA to implement its
permitting programs until it adopts
rules which are at least as restrictive as
State rules. The EPA most recently
approved revisions to the State’s major
NSR rules on December 27, 2011 (76 FR
80747), including approval of PSD
permitting requirements for PM2.5 and
greenhouse gases.6 The State’s SIPapproved PSD permitting program
regulates NOX and VOCs as precursors
to ozone.
The State’s SIP-approved minor NSR
program applies major source NSR/PSD
requirements to any source with
emissions over the significant emission
rate, through the administrative
mechanisms laid out in OAR 340–216
‘‘Air Contaminant Discharge Permits.’’
The EPA has determined that the State’s
minor NSR program, adopted pursuant
to section 110(a)(2)(C) of the CAA,
regulates emissions of PM2.5, NOX and
SO2 as precursors to PM2.5, and NOX
and VOCs as precursors to ozone. In this
action, the EPA is not evaluating the
State’s SIP for consistency with the
EPA’s regulations governing minor NSR.
The EPA believes that a number of
states may have minor NSR provisions
that are contrary to the existing EPA
regulations for this program. The EPA
intends to work with states to reconcile
6 Federal requirements pertaining to the
permitting programs required under Subparts C and
D of Title I of the CAA have not changed since the
EPA last reviewed and approved changes to
Oregon’s Federally-approved PSD and NSR SIP
provisions. Accordingly, the EPA incorporates by
reference the rationale for its approval of Oregon’s
major source permitting program as discussed in its
September 23, 2011, proposed rule and its
December 27, 2011, final rule. See 76 FR 59090
(September 23, 2011) and 76 FR 80747 (December
27, 2011).
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state minor NSR programs with the
EPA’s regulatory provisions for the
program. The statutory requirements of
CAA section 110(a)(2)(C) provide for
considerable flexibility in designing
minor NSR programs, and the EPA
believes it may be time to revisit the
regulatory requirements for this program
to give the states an appropriate level of
flexibility to design a program that
meets their particular air quality
concerns, while assuring reasonable
consistency across the country in
protecting the NAAQS with respect to
new and modified minor sources.
Based on the analysis above, the EPA
is proposing to find that the Oregon SIP
includes enforcement, PSD, and minor
source permitting provisions that are
adequate to satisfy the requirements of
CAA section 110(a)(2)(C) for the 1997
PM2.5, 2006 PM2.5, and 2008 ozone
NAAQS.
110(a)(2)(D): Interstate transport
CAA section 110(a)(2)(D)(i) requires
that SIPs contain adequate provisions
prohibiting any source or other type of
emissions activity in one state from
contributing significantly to
nonattainment, or interfering with
maintenance of the NAAQS in another
state, or from interfering with measures
required to prevent significant
deterioration of air quality or to protect
visibility in another state.
State submittal: The State submitted
the ‘‘Oregon SIP Infrastructure for
Addressing the Interstate Transport of
Ozone and Fine Particulate Matter’’
(2010 Interstate Transport SIP) to satisfy
the interstate transport requirements for
multiple NAAQS, including the 2006
PM2.5 and 2008 ozone NAAQS. The
2010 Interstate Transport SIP references
the State’s SIP-approved PSD program
and the State’s collaborative work with
neighboring states on regional haze
SIPs, which include plans and
requirements for addressing visibility
impairment caused by fine particulate
matter and ozone in national parks and
wilderness areas. In addition, the 2010
Interstate Transport SIP references the
consultation ODEQ conducted with air
agency staff in Washington, Idaho,
Nevada and California in preparing the
2010 Interstate Transport SIP,
specifically to identify and understand
relevant air pollution issues in
neighboring states, and whether these
problems could be impacted by
interstate transport.
EPA analysis: CAA section
110(a)(2)(D)(i) addresses four separate
elements, or ‘‘prongs.’’ CAA section
110(a)(2)(D)(i)(I) requires state SIPs
contain adequate provisions prohibiting
emissions which will contribute
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significantly to nonattainment of the
NAAQS in any other state (prong 1), and
adequate provisions prohibiting
emissions which will interfere with
maintenance of the NAAQS by any
other state (prong 2). CAA section
110(a)(2)(D)(i)(II) requires that state SIPs
contain adequate provisions prohibiting
emissions which will interfere with any
other state’s required measures to
prevent significant deterioration (PSD)
of its air quality (prong 3), and adequate
provisions prohibiting emissions which
will interfere with any other state’s
required measures to protect visibility
(prong 4).
As noted above, this action does not
address the requirements of CAA
section 110(a)(2)(D)(i) for the 1997 PM2.5
NAAQS which the EPA approved in
three previous actions: June 9, 2011 (76
FR 33650), July 5, 2011 (76 FR 38997)
and December 27, 2011 (76 FR 80747).
In addition, this action does not address
the requirements of CAA section
110(a)(2)(D)(i)(I) for the 2006 PM2.5 and
2008 ozone NAAQS which the EPA will
address in a separate action. This action
also does not address the requirements
of CAA section 110(a)(2)(D)(i)(II) with
regards to prevention of significant
deterioration (prong 3) for the 2006
PM2.5 NAAQS, which the EPA approved
in a previous action on December 27,
2011 (76 FR 80747).
In this action, the EPA is proposing to
approve the Oregon SIP as meeting the
requirements of CAA section
110(a)(2)(D)(i)(II) with respect to PSD
(prong 3) for the 2008 ozone NAAQS
and the requirements of CAA section
110(a)(2)(D)(i)(II) with respect to
visibility (prong 4) for the 2006 PM2.5
and 2008 ozone NAAQS.
To address whether emissions from
sources in Oregon interfere with any
other state’s required measures to
prevent significant deterioration of air
quality, the State’s 2010 Interstate
Transport SIP references the SIPapproved Oregon PSD program. The
EPA approved revisions to the State’s
major NSR rules on December 27, 2011
(76 FR 80747), including approval of
PSD permitting requirements for PM2.5
and greenhouse gases. The State’s SIPapproved PSD program regulates NOX
and VOCs as precursors to ozone. As
discussed in the EPA’s 2011 analysis of
the State’s PSD permitting requirements,
the Federally-approved provisions of
the State’s SIP meet current Federal PSD
requirements. Federal PSD requirements
have not changed since the date of the
EPA’s most recent PSD-related SIP
approval and the Oregon SIP provisions
continue to meet Federal PSD
permitting standards. Therefore, the
EPA is proposing to approve the Oregon
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17309
SIP as meeting the requirements of CAA
section 110(a)(2)(D)(i)(II) with respect to
PSD (prong 3) for the 2008 ozone
NAAQS.
To address whether emissions from
sources in the State interfere with any
other state’s required measures to
protect visibility, the 2010 Interstate
Transport SIP refers to the Oregon
Regional Haze SIP which was submitted
to the EPA on December 14, 2010, and
addresses PM2.5 and PM2.5 and ozone
precursor visibility impacts across states
within the region. On July 5, 2011, the
EPA approved portions of the Oregon
Regional Haze SIP including the
requirements for best available retrofit
technology (BART) (76 FR 38997). The
EPA approved the remaining elements
of the Oregon Regional Haze SIP on
August 22, 2012 (77 FR 50611).
The EPA’s September 25, 2009,
infrastructure guidance states that the
EPA believes the requirement for state
SIPs to include adequate provisions
prohibiting interference with measures
to protect visibility in another state
could be satisfied by an approved SIP
addressing regional haze. The EPA’s
reasoning was that the development of
the regional haze SIPs was intended to
occur in a collaborative environment
among the states, and that through this
process states would coordinate on
emissions controls to protect visibility
on an interstate basis. The 2010
Interstate Transport SIP describes the
State’s participation in the Western
Regional Air Partnership (WRAP),
which is a regional planning
organization created to address regional
haze and related issues. WRAP member
states include: Alaska, Arizona,
California, Colorado, Idaho, Montana,
New Mexico, North Dakota, Oregon,
South Dakota, Utah, Washington and
Wyoming, in addition to member tribes.
In developing their respective regional
haze SIPs, WRAP states, including
Oregon, consulted with each other
through the WRAP’s work groups. As a
result of this process, the common
understanding was that each state
would take action to achieve the
emissions reductions relied upon by
other states in their reasonable progress
demonstrations in their regional haze
SIPs.
Because Oregon has a Federallyapproved Regional Haze SIP that meets
current requirements, the EPA
concludes that the State’s SIP contains
adequate provisions to address the
requirements of CAA section
110(a)(2)(D)(i)(II) with respect to
visibility (prong 4) for the 2006 PM2.5
and 2008 ozone NAAQS. Therefore, the
EPA is proposing to approve the Oregon
SIP as meeting the requirements of CAA
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section 110(a)(2)(D)(i)(II) as it applies to
visibility for the 2006 PM2.5 and 2008
ozone NAAQS (prong 4).
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Interstate and International transport
provisions
CAA section 110(a)(2)(D)(ii) requires
SIPs to include provisions insuring
compliance with the applicable
requirements of CAA sections 126 and
115 (relating to interstate and
international pollution abatement).
Specifically, CAA section 126(a)
requires new or modified major sources
to notify neighboring states of potential
impacts from the source.
State submittal: The State submittals
state that State regulations are
consistent with Federal requirements in
Appendix N of 40 CFR part 50
pertaining to the notification of
interstate pollution abatement. The
State refers to OAR 340–202 ‘‘Ambient
Air Quality and PSD Increments.’’
EPA analysis: The EPA most recently
approved revisions to the State’s NSR
regulations on December 27, 2011 (76
FR 80747). The State’s public notice
requirements at OAR 340–209–0060
require that for major NSR actions,
ODEQ will provide notice to
neighboring states, among other officials
and agencies. The State has no pending
obligations under section 115 or 126(b)
of the Act. Accordingly, the EPA is
proposing to approve the Oregon SIP as
meeting the requirements of CAA
section 110(a)(2)(D)(ii) for the 1997
PM2.5, 2006 PM2.5, and 2008 ozone
NAAQS.
110(a)(2)(E): Adequate resources
CAA section 110(a)(2)(E) requires
each state SIP to provide: (i) Necessary
assurances that the State will have
adequate personnel, funding, and
authority under State law to carry out
the SIP (and is not prohibited by any
provision of Federal or State law from
carrying out the SIP or portion thereof),
(ii) requirements that the State comply
with the requirements respecting State
boards under section 128, and (iii)
necessary assurances that, where the
State has relied on a local or regional
government, agency, or instrumentality
for the implementation of any SIP
provision, the State has responsibility
for ensuring adequate implementation
of such SIP provision.
State submittal: The State submittals
cite ORS 468.035 ‘‘Functions of
Department’’ which provides ODEQ
authority to employ personnel, purchase
supplies, enter into contracts, and to
receive, appropriate, and expend federal
and other funds for purposes of air
pollution research and control. In
addition, ORS 468.045 ‘‘Functions of
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Director; Delegation’’ provides the
ODEQ Director with authority to hire,
assign, reassign, and coordinate
personnel of the department and to
administer and enforce the laws of the
state concerning environmental quality.
ORS 468.035(c) ‘‘Functions of
Department’’ provides ODEQ authority
to advise, consult, and cooperate with
other states, state and federal agencies,
or political subdivisions on all air
quality control matters. ORS 468A.010
‘‘Policy’’ calls for a coordinated
statewide program of air quality control
with responsibility allocated between
the state and the units of local
government. ORS 468A.100–180
‘‘Regional Air Quality Control
Authorities’’ describes the
establishment, role and function of
regional air quality control authorities.
State regulations at OAR 340–200
‘‘General Air Quality Definitions’’
specify LRAPA has authority in Lane
County and defines the term ‘‘Regional
Agency.’’ OAR 340–204 ‘‘Designation of
Air Quality Areas’’ includes designation
of control areas within Lane County.
OAR 34–216 ‘‘Air Contaminant
Discharge Permits’’ includes permitting
authorities for LRAPA.
EPA analysis: The EPA proposes to
find that the Oregon SIP meets the
adequate personnel, funding and
authority requirements of CAA section
110(a)(2)(E)(i). The State of Oregon
receives sections 103 and 105 grant
funds from the EPA and provides State
matching funds necessary to carry out
SIP requirements. For purposes of CAA
section 110(a)(2)(E)(ii), the EPA
approved OAR 340–200–0100 through
OAR 340–200–0120 as meeting the
requirements of CAA section 128 on
January 22, 2003 (68 FR 2891). Finally,
regarding CAA section 110(a)(2)(E)(iii)
state responsibility and oversight of
local and regional entities, the EPA is
proposing to find that State law and
regulation detailed above provides
ODEQ with adequate authority to carry
out SIP obligations with respect to the
1997 PM2.5, 2006 PM2.5, and 2008 ozone
NAAQS. Therefore the EPA is proposing
to approve the Oregon SIP as meeting
the requirements of CAA section
110(a)(2)(E) for the 1997 PM2.5, 2006
PM2.5, and 2008 ozone NAAQS.
110(a)(2)(F): Stationary source
monitoring system
CAA section 110(a)(2)(F) requires (i)
The installation, maintenance, and
replacement of equipment, and the
implementation of other necessary
steps, by owners or operators of
stationary sources to monitor emissions
from such sources, (ii) periodic reports
on the nature and amounts of emissions
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and emissions-related data from such
sources, and (iii) correlation of such
reports by the state agency with any
emission limitations or standards
established pursuant to the CAA, which
reports shall be available at reasonable
times for public inspection.
State submittal: The State submittals
refer to the following statutory and
regulatory provisions which provide
authority and requirements for source
emissions monitoring, reporting, and
correlation with emission limits or
standards:
• ORS 468.035 (b, d) Functions of
Department
• ORS 468A.025(4) Air Purity
Standards; Air Quality Standards;
Treatment and Control of Emissions;
Rules
• ORS 468A.070 Measurement and
Testing of Contamination Sources; Rules
• OAR 340–212 Stationary Source
Testing and Monitoring
• OAR 340–214 Stationary Source
Reporting Requirements
• OAR 340–222 Stationary Source
Plant Site Emission Limits
• OAR 340–225 Air Quality
Analysis Requirements
• OAR 340–234 Emission Standards
for Wood Products Industries:
Monitoring and Reporting
• OAR 340–236 Emission Standards
for Specific Industries: Emissions
Monitoring and Reporting
• OAR 340–240 Rules for Areas
with Unique Air Quality Needs
EPA analysis: The State statutory
provisions listed above provide
authority to establish a program for
measurement and testing of sources,
including requirements for sampling
and testing. The State regulations cited
above require facilities to monitor and
report emissions, including
requirements for monitoring methods
and design, and monitoring and quality
improvement plans. In addition,
stationary source reporting requirements
include maintaining written records to
demonstrate compliance with emission
rules, limitations, or control measures,
and requirements for reporting and
recordkeeping. Therefore, the EPA is
proposing to approve the Oregon SIP as
meeting the requirements of CAA
section 110(a)(2)(F) for the 1997 PM2.5,
2006 PM2.5, and 2008 ozone NAAQS.
110(a)(2)(G): Emergency episodes
CAA section 110(a)(2)(G) requires
states to provide for authority to address
activities causing imminent and
substantial endangerment to public
health, including contingency plans to
implement the emergency episode
provisions in their SIPs.
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State submittal: The State submittals
cite ORS 468–115 ‘‘Enforcement in
Cases of Emergency’’ which authorizes
the ODEQ Director, at the direction of
the Governor, to enter a cease and desist
order for polluting activities that present
an imminent and substantial danger to
public health. In addition, OAR 340–
206 ‘‘Air Pollution Emergencies’’
authorizes the ODEQ Director to declare
an air pollution alert or warning, or to
issue an ozone advisory to notify the
public. OAR 340–214 ‘‘Stationary
Source Reporting Requirements’’
requires reporting of emergencies and
excess emissions and reporting
requirements.
EPA analysis: ORS 468–115
‘‘Enforcement in Cases of Emergency’’
provides emergency order authority
comparable to CAA Section 303.
Emergency episode SIP requirements
are set forth at 40 CFR part 51 subpart
H (prevention of air pollution
emergency episodes, sections 51.150
through 51.153). The EPA has not
promulgated revisions to these rules for
PM2.5. However, the EPA’s September
25, 2009 guidance 7 made
recommendations on how states could
address emergency episode and
contingency plans for PM2.5.
Subsequently, on December 27, 2011 (76
FR 80747), the EPA approved State
revisions to OAR 340–206 ‘‘Air
Pollution Emergencies’’ to add a
significant harm level, air pollutant alert
level, air pollution warning level, and
air pollutant emergency level for PM2.5,
consistent with the EPA’s September 25,
2009 guidance. OAR 340–206 ‘‘Air
Pollution Emergencies’’ is consistent
with the requirements of 40 CFR 51.150
through 51.153 for ozone. Therefore, the
EPA is proposing to approve the Oregon
SIP as meeting the requirements of CAA
section 110(a)(2)(G) for the 1997 PM2.5,
2006 PM2.5, and 2008 ozone NAAQS.
110(a)(2)(H): Future SIP Revisions
CAA section 110(a)(2)(H) requires that
SIPs provide for revision of such plan (i)
from time to time as may be necessary
to take account of revisions of such
national primary or secondary ambient
air quality standard or the availability of
improved or more expeditious methods
of attaining such standard, and (ii),
except as provided in paragraph
110(a)(3)(C), whenever the
Administrator finds on the basis of
information available to the
Administrator that the SIP is
substantially inadequate to attain the
NAAQS which it implements or to
otherwise comply with any additional
requirements under the CAA.
7 See
footnote 2.
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State submittal: The State submittals
refer to ORS 468A.025 ‘‘Air Purity
Standards; Air Quality Standards;
Treatment and Control of Emissions;
Rules’’ which provides authority for the
EQC to establish areas of the state that
require controls necessary to achieve the
NAAQS. The submittals also refer to
OAR 340–200 ‘‘General Air Pollution
Procedures and Definitions’’ –0040
‘‘State of Oregon Clean Air Act
Implementation Plan’’ which provides
for revisions to the Oregon SIP and
submittal of revisions to the EPA,
including standards submitted by a
regional authority and adopted verbatim
into ODEQ rules.
EPA analysis: As cited above, the
State’s SIP provides for revisions, and in
practice, the State regularly submits SIP
revisions to the EPA to take into account
revisions to the NAAQS and other
Federal regulatory changes. On
December 27, 2011, the EPA approved
numerous revisions to the Oregon SIP,
including updates to the State’s rules to
reflect Federal changes to the NAAQS
for PM2.5, ozone and lead (76 FR 80747).
The EPA proposes to approve the
Oregon SIP as meeting the requirements
of CAA section 110(a)(2)(H) for the 1997
PM2.5, 2006 PM2.5, and 2008 ozone
NAAQS.
110(a)(2)(I): Nonattainment area plan
revision under part D
CAA section 110(a)(2)(I) requires
states, in the case of a plan or revision
for an area designated as nonattainment,
to meet the applicable requirements of
part D of Title I of the CAA relating to
nonattainment areas.
EPA analysis: There are two elements
identified in CAA section 110(a)(2) not
governed by the three-year submission
deadline of CAA section 110(a)(1). SIPs
incorporating necessary local
nonattainment area controls are not due
within three years after promulgation of
a new or revised NAAQS, but are,
rather, due at the time of the
nonattainment area plan requirements
pursuant to section 172. These
requirements are: (i) submissions
required by CAA section 110(a)(2)(C) to
the extent that subsection refers to a
permit program as required in part D,
Title I of the CAA, and (ii) submissions
required by CAA section 110(a)(2)(I)
which pertain to the nonattainment
planning requirements of part D, Title I
of the CAA. Because the nonattainment
planning requirements are not governed
by the three-year submission deadline of
CAA section 110(a)(1), this
infrastructure action does not address to
the requirements of CAA section
110(a)(2)(C) with respect to
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nonattainment NSR or CAA section
110(a)(2)(I).
110(a)(2)(J): Consultation with
government officials
CAA section 110(a)(2)(J) requires
states to provide a process for
consultation with local governments
and Federal Land Managers who are
carrying out NAAQS implementation
requirements pursuant to CAA section
121, relating to consultation. CAA
section 110(a)(2)(J) further requires
states to notify the public if NAAQS are
exceeded in an area and to enhance
public awareness of measures that can
be taken to prevent exceedances. Lastly,
CAA section 110(a)(2)(J) requires states
to meet applicable requirements of part
C, title I of the CAA related to
prevention of significant deterioration
and visibility protection.
State submittal: The State submittals
reference specific laws and regulations
relating to consultation, public
notification, and PSD and visibility
protection:
• ORS 468.020 Rules and Standards
• ORS 468.035(a, c, f–g) Functions
of Department
• ORS 468A.010 (1) (b, c) Policy
• ORS 468A.025 Air Purity
Standards; Air Quality Standards;
Treatment and Control of Emissions;
Rules
• OAR 340–202 Ambient Air
Quality Standards and PSD Increments
• OAR 340–204 Designation of Air
Quality Areas
• OAR 340–206 Air Pollution
Emergencies
• OAR 340–209 Public Participation
• OAR 340–224 Major New Source
Review
• OAR 340–225 Air Quality
Analysis Requirements
EPA analysis: The EPA proposes to
find that the State’s Federally-approved
SIP includes specific provisions for
consulting with local governments and
Federal Land Managers as specified in
CAA section 121. ODEQ coordinates
with local governments, states, Federal
Land Managers and other stakeholders
on air quality issues and provides notice
to appropriate agencies related to
permitting actions. The State regularly
participates in regional planning
processes including the Western
Regional Air Partnership, which is a
regional planning organization made up
of states, tribes, Federal Land Managers,
local air agencies, whose purpose is to
understand current and evolving
regional air quality issues in the West.
The EPA is proposing to approve the
Oregon SIP as meeting the requirements
of CAA section 110(a)(2)(J) for
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consultation with government officials
for the 1997 PM2.5, 2006 PM2.5, and 2008
ozone NAAQS.
The State of Oregon sends real time
air monitoring information for ozone,
particulate matter, and carbon
monoxide to the EPA’s AIRNow Web
page at https://www.airnow.gov and also
provides the information on the ODEQ
Air Quality Index (AQI) Web site at
https://www.deq.state.or.us/aqi
including measures that can be taken to
improve air quality. The EPA is
proposing to approve the Oregon SIP as
meeting the requirements of CAA
section 110(a)(2)(J) for public
notification for the 1997 PM2.5, 2006
PM2.5, and 2008 ozone NAAQS.
The requirement in CAA section
110(a)(2)(J) that the SIP meet the
applicable requirements of part C, title
I of the CAA is the same as described
earlier at CAA section 110(a)(2)(C) as it
relates to PSD. The EPA most recently
approved revisions to the State’s
Federally-approved PSD program on
December 27, 2011 (76 FR 80747),
including PSD program regulation of
direct PM2.5, NOX and SO2 as precursors
to PM2.5, and PSD permitting of
greenhouse gas-emitting sources. The
State’s SIP-approved PSD permitting
program regulates NOX and VOCs as
precursors to ozone. Therefore, the EPA
is proposing to approve the Oregon SIP
as meeting the requirements of CAA
section 110(a)(2)(J) for PSD for the 1997
PM2.5, 2006 PM2.5, and 2008 ozone
NAAQS.
With regard to the applicable
requirements for visibility protection,
the EPA recognizes that states are
subject to visibility and regional haze
program requirements under part C of
Title I of the CAA. In the event of the
establishment of a new NAAQS,
however, the visibility and regional
haze program requirements under part
C, Title I of the CAA do not change.
Thus we find that there is no new
visibility obligation triggered under
CAA section 110(a)(2)(J) when a new
NAAQS becomes effective.
Based on the analysis above, the EPA
is proposing to approve the Oregon SIP
as meeting the requirements of CAA
section 110(a)(2)(J) for the 1997 PM2.5,
2006 PM2.5, and 2008 ozone NAAQS.
110(a)(2)(K): Air quality and modeling/
data
CAA section 110(a)(2)(K) requires that
SIPs provide for (i) the performance of
such air quality modeling as the
Administrator may prescribe for the
purpose of predicting the effect on
ambient air quality of any emissions of
any air pollutant for which the
Administrator has established a national
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ambient air quality standard, and (ii) the
submission, upon request, of data
related to such air quality modeling to
the Administrator.
State submittal: The State submittals
refer to ORS 468.035 ‘‘Functions of
Department’’ which provides ODEQ
authority to conduct studies and
investigations to determine air quality.
OAR 340–202 ‘‘Ambient Air Quality
Standards and PSD Increments’’
establishes standards and procedures for
modeling and reporting data on air
emissions. OAR 340–216 ‘‘Air
Contaminant Discharge Permits’’
establishes requirements for testing,
monitoring, recordkeeping, and
reporting requirements to determine
compliance with emission standards.
OAR 340–225 ‘‘Air Quality Analysis
Requirements’’ includes modeling
requirements for analysis and
demonstration of compliance with
standards and increments in specified
areas. OAR 340–226 ‘‘General Emission
Standards’’ provides authority for ODEQ
to establish additional controls through
permitting to prevent violation of
ambient air quality standards from a
source as determined by modeling,
monitoring or a combination thereof.
EPA analysis: The EPA previously
approved the State’s regulations on air
quality modeling into the SIP on
January 22, 2003 (68 FR 2891) and these
rules require all modeled estimates of
ambient concentrations be based on 40
CFR part 51, Appendix W (Guidelines
on Air Quality Models). Any change or
substitution from models specified in 40
CFR part 51, Appendix W is subject to
notice and opportunity for public
comment and must receive prior written
approval from ODEQ and the EPA.
As an example of the State’s modeling
capacity, the State of Oregon has
submitted a recent SIP revision,
supported by modeling for ozone. The
Portland and Salem areas were
historically nonattainment under the 1hour ozone standard and require
maintenance plans that ensure on-going
compliance with the 1997 8-hour ozone
standard. On May 22, 2007, the State
submitted these maintenance plans to
the EPA, supported by extensive
modeling. The EPA approved the SIP
revision on December 19, 2011 (76 FR
78571). Based on the foregoing, the EPA
is proposing to approve the Oregon SIP
as meeting the requirements of CAA
section 110(a)(2)(K) for the 1997 PM2.5,
2006 PM2.5, and 2008 ozone NAAQS.
110(a)(2)(L): Permitting fees
CAA section 110(a)(2)(L) requires SIPs
to require each major stationary source
to pay permitting fees to cover the cost
of reviewing, approving, implementing
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and enforcing a permit, until such time
as the SIP fee requirement is superseded
by the EPA’s approval of the state’s title
V operating permit program.
State submittal: The State submittals
refer to ORS 468.065 ‘‘Issuance of
Permits: Content; Fees; Use’’ which
provides the EQC authority to establish
a schedule of fees for permits based
upon the costs of filing and
investigating applications, issuing or
denying permits, carrying out Title V
requirements and determining
compliance. ORS 468A.050
‘‘Classification of Air Contamination
Sources; Registration and Reporting of
Sources; Rules; Fees’’ provides authority
to the EQC to establish fee schedules for
air contamination sources. OAR 340–
216 ‘‘Air Contaminant Discharge
Permits’’ requires payment of permit
fees based on a specified table of
sources and fee schedule. In addition,
the State submittals point to the State’s
approved title V program.
EPA analysis: On September 28, 1995,
the EPA fully approved the State’s title
V program (60 FR 50106) (effective
November 27, 1995). While the State’s
operating permit program is not
formally approved into the State’s SIP,
it is a legal mechanism the State can use
to ensure that ODEQ has sufficient
resources to support the air program,
consistent with the requirements of the
SIP. The State’s title V program
included a demonstration the State will
collect a fee from title V sources above
the presumptive minimum in
accordance with 40 CFR 70.9(b)(2)(i).
The EPA’s review process prior to the
approval of the State’s Title V
permitting program included an
evaluation of the State’s ability to
collect adequate fees. Therefore, the
EPA proposes to find that the State has
satisfied the requirements of CAA
section 110(a)(2)(L) for the 1997 PM2.5,
2006 PM2.5, and 2008 ozone NAAQS.
110(a)(2)(M): Consultation/participation
by affected local entities
CAA section 110(a)(2)(M) requires
states to provide for consultation and
participation in SIP development by
local political subdivisions affected by
the SIP.
State submittal: The State submittals
refer to the following laws and
regulations:
• ORS 468.035 (a, c, f–g) Functions
of Department
• ORS 468A.010 (1) (b, c) Policy
• ORS 468A.100–180 Regional Air
Quality Control Authorities
• ORS 468A.405 Authority to Limit
Motor Vehicle Operation and Traffic;
Rules
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• OAR 340–200 General Air
Pollution Procedures and Definitions
• OAR 340–204 Designation of Air
Quality Areas
• OAR 340–216 Air Contaminant
Discharge Permits
EPA analysis: The regulations cited by
the State were previously approved on
December 27, 2011 (76 FR 80747), and
provide for consultation and
participation in SIP development by
local political subdivisions affected by
the SIP. Therefore the EPA proposes to
find that the State’s SIP meets the
requirements of CAA section
110(a)(2)(M) for the 1997 PM2.5, 2006
PM2.5, and 2008 ozone NAAQS.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
VI. Scope of Proposed Action
Oregon has not demonstrated
authority to implement and enforce the
Oregon Administrative rules within
‘‘Indian Country’’ as defined in 18
U.S.C. 1151. ‘‘Indian country’’ is
defined under 18 U.S.C. 1151 as: (1) All
land within the limits of any Indian
reservation under the jurisdiction of the
United States Government,
notwithstanding the issuance of any
patent, and including rights-of-way
running through the reservation, (2) all
dependent Indian communities within
the borders of the United States,
whether within the original or
subsequently acquired territory thereof,
and whether within or without the
limits of a State, and (3) all Indian
allotments, the Indian titles to which
have not been extinguished, including
rights-of-way running through the same.
Under this definition, the EPA treats as
reservations trust lands validly set aside
for the use of a Tribe even if the trust
lands have not been formally designated
as a reservation. Therefore, this SIP
approval does not extend to ‘‘Indian
Country’’ in Oregon. See CAA sections
110(a)(2)(A) (SIP shall include
enforceable emission limits),
110(a)(2)(E)(i) (State must have adequate
authority under State law to carry out
SIP), and 172(c)(6) (nonattainment SIPs
shall include enforceable emission
limits).
VII. Proposed Action
The EPA is proposing to find that the
Federally-approved provisions currently
in the Oregon SIP meet the following
CAA section 110(a)(2) infrastructure
elements for the 1997 PM2.5, 2006 PM2.5,
and the 2008 ozone NAAQS: (A), (B),
(C), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M). The EPA is also proposing to
find that the Federally-approved
provisions currently in the Oregon SIP
meet the requirements of CAA section
110(a)(2)(D)(i)(II) as it applies to
prevention of significant deterioration
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for the 2008 ozone NAAQS, and CAA
section 110(a)(2)(D)(i)(II) as it applies to
visibility for the 2006 PM2.5 and 2008
ozone NAAQS. This action does not
propose to approve any additional
provisions into the Oregon SIP but is a
proposed finding that the current
provisions of the Oregon SIP are
adequate to satisfy the above-mentioned
infrastructure elements required by the
CAA. This action is being taken under
section 110 of the CAA.
VIII. 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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves the state’s law
as meeting Federal requirements and
does not impose additional
requirements beyond those imposed by
the state’s 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 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 CAA; and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
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17313
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 Oregon, and the EPA notes
that 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, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate Matter, and
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 6, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2013–06309 Filed 3–20–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 54
[REG–122706–12]
RIN 1545–BL50
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
29 CFR Part 2590
RIN 1210–AB56
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Parts 144, 146, and 147
[CMS–9952–P]
RIN 0938–AR77
Ninety-Day Waiting Period Limitation
and Technical Amendments to Certain
Health Coverage Requirements Under
the Affordable Care Act
Internal Revenue Service,
Department of the Treasury; Employee
Benefits Security Administration,
Department of Labor; Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services.
ACTION: Proposed rules.
AGENCY:
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[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Proposed Rules]
[Pages 17304-17313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06309]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2011-0884, FRL- 9791-7]
Approval and Promulgation of Implementation Plans; Oregon:
Infrastructure Requirements for the 1997 and 2006 Fine Particulate
Matter and 2008 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to approve the State Implementation Plan
(SIP) submittals from the State of Oregon to demonstrate that the SIP
meets the infrastructure requirements of the Clean Air Act (CAA) for
the National Ambient Air Quality Standards (NAAQS) promulgated for fine
particulate matter (PM2.5) on July 18, 1997 and October 17,
2006, and for ozone on March 12, 2008. The EPA is proposing to find
that the Federally-approved provisions currently in the Oregon SIP meet
the CAA infrastructure requirements for the 1997 PM2.5, 2006
PM2.5, and the 2008 ozone NAAQS. The EPA is also proposing
to find that the Federally-approved provisions currently in the Oregon
SIP meet the interstate transport requirements of the CAA related to
prevention of significant deterioration for the 2008 ozone NAAQS, and
related to visibility for the 2006 PM2.5 and 2008 ozone
NAAQS. This action does not propose to approve any additional
provisions into the Oregon SIP but is a proposed finding that the
current provisions of the Oregon SIP are adequate to satisfy the above-
mentioned infrastructure elements required by the CAA.
DATES: Comments must be received on or before April 22, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2011-0884, by any of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: R10-Public_Comments@epa.gov.
Mail: Kristin Hall, EPA Region 10, Office of Air, Waste
and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle WA 98101.
Hand Delivery/Courier: EPA Region 10 Mailroom, 9th Floor,
1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Attention: Kristin
Hall, 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-2011-
0884. 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 the disclosure of which
is restricted by statute. 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
[[Page 17305]]
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 docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy. Publicly available
docket materials are available either electronically in
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 WA 98101.
FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357,
hall.kristin@epa.gov, or the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'' or ``our'' are used, it is intended to refer to the EPA.
Information is organized as follows:
Table of Contents
I. Proposed Action
II. Background
III. CAA Sections 110(a)(1) and (2) Infrastructure Elements
IV. Scope of Action on Infrastructure Submittals
V. Analysis of the State's Submittal
VI. Scope of Proposed Action
VII. Proposed Action
VIII. Statutory and Executive Order Reviews
I. Proposed Action
The EPA is proposing to approve the State Implementation Plan (SIP)
submittals from the State of Oregon to demonstrate that the SIP meets
the requirements of CAA section 110(a)(1) and (2) for the NAAQS
promulgated for particulate matter on July 18, 1997 and October 17,
2006, and for ozone on March 12, 2008. The EPA is proposing to find
that the Federally-approved provisions currently in the Oregon SIP meet
the following CAA section 110(a)(2) infrastructure elements for the
1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS:
(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The
EPA is also proposing to find that the Federally-approved provisions
currently in the Oregon SIP meet the requirements of CAA section
110(a)(2)(D)(i)(II) as it applies to prevention of significant
deterioration for the 2008 ozone NAAQS, and CAA section
110(a)(2)(D)(i)(II) as it applies to visibility for the 2006
PM2.5 and 2008 ozone NAAQS.
CAA section 110(a)(1) requires that each state, after a new or
revised NAAQS is promulgated, review their SIPs to ensure that they
meet the requirements of the ``infrastructure'' elements of CAA section
110(a)(2). The State of Oregon made multiple submittals to satisfy the
infrastructure requirements for the 1997 and 2006 PM2.5
NAAQS and the 2008 ozone NAAQS. On September 25, 2008, the State
submitted to the EPA a certification that the State's SIP meets the
infrastructure obligations for the 1997 ozone and 1997 PM2.5
NAAQS. Subsequently, on December 23, 2010, the State submitted the
``Oregon SIP Infrastructure for Addressing the Interstate Transport of
Ozone and Fine Particulate Matter'' to address the requirements of CAA
section 110(a)(2)(D)(i) for multiple NAAQS, including the 2006
PM2.5 and 2008 ozone NAAQS. On August 17, 2011, the State
submitted to the EPA a certification that the State's SIP meets the
infrastructure requirements for the 2006 PM2.5 NAAQS.
Finally, on December 19, 2011, the State submitted to the EPA a
certification that the State's SIP meets the infrastructure
requirements for the 2008 ozone NAAQS.
At this time, the EPA is acting on the infrastructure submittals
for the CAA section 110(a)(2) required elements as they relate to the
1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.
This action does not address infrastructure requirements with respect
to the 1997 ozone NAAQS which the EPA previously approved on May 21,
2012 (77 FR 29904). This action also does not address the requirements
of CAA section 110(a)(2)(D)(i) for the 1997 PM2.5 NAAQS
which have previously been approved by the EPA in three separate
actions on June 9, 2011 (76 FR 33650), July 5, 2011 (76 FR 38997), and
December 27, 2011 (76 FR 80747).
In addition, this action does not address the requirements of CAA
section 110(a)(2)(D)(i)(II) as it relates to prevention of significant
deterioration for the 2006 PM2.5 NAAQS, which the EPA
approved on December 27, 2011 (76 FR 80747). This action also does not
address the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006
PM2.5 and 2008 ozone NAAQS which the EPA will address in a
future action. Furthermore, the EPA interprets the CAA section
110(a)(2)(J) provision on visibility as not being triggered by a new
NAAQS because the visibility requirements in part C are not changed by
a new NAAQS.
II. Background
On July 18, 1997, the EPA promulgated a new 24-hour and a new
annual NAAQS for PM2.5 (particles with an aerodynamic
diameter less than or equal to a nominal 2.5 micrometers) (62 FR
38652). More recently, on October 17, 2006 (effective date December 18,
2006), the EPA revised the standards for particulate matter, tightening
the 24-hour PM2.5 standard from 65 micrograms per cubic
meter ([micro]/m\3\) to 35 [micro]/m\3\, and retaining the current
annual fine particle standard at 15 [micro]/m\3\ (71 FR 61144). On
March 12, 2008, the EPA revised the levels of the primary and secondary
8-hour ozone standards to 0.075 parts per million (73 FR 16436).
The CAA requires State Implementation Plans (SIPs) meeting the
requirements of sections 110(a)(1) and (2) be submitted by states
within three years after promulgation of a new or revised standard. CAA
sections 110(a)(1) and (2) require states to address basic SIP
requirements, including emissions inventories, monitoring, and modeling
to assure attainment and maintenance of the standards, so-called
``infrastructure'' requirements. CAA section 110(a) imposes the
obligation upon states to make a SIP submission to the EPA for a new or
revised NAAQS, but the contents of that submission may vary depending
upon the facts and circumstances. In particular, the data and
analytical tools available at the time the state develops and submits
the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains.
To help states meet this statutory requirement, the EPA issued
guidance to states. On October 2, 2007, the EPA issued guidance to
address infrastructure SIP requirements for the 1997 ozone and 1997
PM2.5 NAAQS.\1\ On September 25, 2009, the EPA issued
guidance to address infrastructure SIP requirements for the 2006 24-
hour PM2.5 NAAQS.\2\ These guidance documents
[[Page 17306]]
provide that, to the extent an existing SIP already meets the CAA
section 110(a)(2) requirements, states may submit a certification to
the EPA.
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\1\ William T. Harnett, Director, Air Quality Policy Division,
Office of Air Quality Planning and Standards. ``Guidance on SIP
Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-
hour Ozone and PM2.5 National Ambient Air Quality
Standards.'' Memorandum to EPA Air Division Directors, Regions I-X,
October 2, 2007.
\2\ William T. Harnett, Director, Air Quality Policy Division,
Office of Air Quality Planning and Standards. ``Guidance on SIP
Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-
hour Fine Particle (PM2.5) National Ambient Air Quality
Standards (NAAQS).'' Memorandum to Regional Air Division Directors,
Regions I-X, September 25, 2009. The EPA has not yet issued guidance
to states to address the infrastructure SIP requirements for the
2008 ozone NAAQS.
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III. CAA Sections 110(a)(1) and (2) Infrastructure Elements
CAA section 110(a)(1) provides the procedural and timing
requirements for SIP submissions after a new or revised NAAQS is
promulgated. CAA section 110(a)(2) lists specific elements that states
must meet for ``infrastructure'' SIP requirements related to a newly
established or revised NAAQS. These requirements include SIP
infrastructure elements such as modeling, monitoring, and emissions
inventories that are designed to assure attainment and maintenance of
the NAAQS. The requirements, with their corresponding CAA subsection,
are listed below:
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement of control measures.
110(a)(2)(D): Interstate transport.
110(a)(2)(E): Adequate resources.
110(a)(2)(F): Stationary source monitoring system.
110(a)(2)(G): Emergency power.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(I): Areas designated nonattainment and meet the
applicable requirements of part D.
110(a)(2)(J): Consultation with government officials;
public notification; and Prevention of Significant Deterioration (PSD)
and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
The October 2, 2007 and September 25, 2009 EPA infrastructure
guidance clarify that two elements identified in CAA section 110(a)(2)
are not governed by the three-year submission deadline of CAA section
110(a)(1) because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new or
revised NAAQS, but rather, are due at the time the nonattainment area
plan requirements are due pursuant to CAA section 172. These
requirements are: (i) submissions required by CAA section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required in
part D, Title I of the CAA, and (ii) submissions required by CAA
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, Title I of the CAA. As a result, this action
does not address infrastructure elements related to CAA section
110(a)(2)(C) with respect to nonattainment new source review (NSR) or
CAA section 110(a)(2)(I). Furthermore, the EPA interprets the CAA
section 110(a)(2)(J) provision on visibility as not being triggered by
a new NAAQS because the visibility requirements in part C, Title I of
the CAA are not changed by a new NAAQS.
IV. Scope of Action on Infrastructure Submittals
This rulemaking will not cover four substantive issues that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction at sources, that may be contrary to
the CAA and the EPA's policies addressing such excess emissions
(``SSM'') \3\; (ii) existing provisions related to ``director's
variance'' or ``director's discretion'' that purport to permit
revisions to SIP approved emissions limits with limited public process
or without requiring further approval by the EPA, that may be contrary
to the CAA (``director's discretion''); (iii) existing provisions for
minor source NSR programs that may be inconsistent with the
requirements of the CAA and the EPA's regulations that pertain to such
programs (``minor source NSR''); and, (iv) existing provisions for PSD
programs that may be inconsistent with current requirements of the
EPA's ``Final NSR Improvement Rule,'' 67 FR 80186 (December 31, 2002),
as amended by 72 FR 32526 (June 13, 2007). The EPA has indicated that
it has other authority to address any such existing SIP defects in
other rulemakings, as appropriate. A detailed rationale for why these
four substantive issues are not part of the scope of infrastructure SIP
rulemakings can be found in the EPA's previous action to approve the
State of Oregon 1997 ozone infrastructure SIP submittal (proposed
action on February 7, 2012, 77 FR 6044; final action on May 21, 2012,
77 FR 29904).
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\3\ For further description of EPA's SSM Policy, see, e.g., a
memorandum dated September 20, 1999, titled, ``State Implementation
Plans: Policy Regarding Excess Emissions During Malfunctions,
Startup, and Shutdown,'' from Steven A. Herman, Assistant
Administrator for Enforcement and Compliance Assurance, and Robert
Perciasepe, Assistant Administrator for Air and Radiation. Also, the
EPA issued a proposed action on February 12, 2013, titled ``State
Implementation Plans: Response to Petition for Rulemaking; Findings
of Substantial Inadequacy; and SIP Calls to Amend Provisions
Applying to Excess Emissions During Periods of Startup, Shutdown and
Malfunction.'' This rulemaking responds to a petition for rulemaking
filed by the Sierra Club that concerns SSM provisions in 39 states'
SIPs (February 22, 2013, 78 FR 12460).
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V. Analysis of the State's Submittal
The State of Oregon SIP submittals list specific provisions of the
Oregon Revised Statutes (ORS) Chapter 468 Environmental Quality
Generally, Public Health and Safety, General Administration; ORS
Chapter 468A Air Quality, Public Health and Safety, Air Quality
Control; Oregon Administrative Rules (OAR) Chapter 340, and the Oregon
SIP. The specific sections are listed below, with a discussion of how
the State submittals meet the requirements.
110(a)(2)(A): Emission limits and other control measures
CAA section 110(a)(2) requires SIPs to include enforceable emission
limits and other control measures, means or techniques (including
economic incentives such as fees, marketable permits, and auctions of
emissions rights), as well as schedules and timetables for compliance,
as may be necessary or appropriate to meet the applicable requirements
of the CAA.
State submittal: The State SIP submittals cite multiple State air
quality laws and previously SIP-approved regulations to address this
element for the 1997 PM2.5, 2006 PM2.5, and 2008
ozone NAAQS. ORS 468A.035 ``General Comprehensive Plan'' provides
authority to the Oregon Department of Environmental Quality (ODEQ) to
develop a general comprehensive plan for the control or abatement of
air pollution. ORS 468A.020 ``Rules and Standards'' gives the State
Environmental Quality Commission (EQC) authority to adopt rules and
standards to perform functions vested by law. ORS 468A.025 ``Air Purity
Standards'' provides the EQC with the authority to set air quality
standards, emission standards, and emission treatment and control
provisions. ORS 468A.040 ``Permits; Rules'' provides that the EQC may
require permits for air contamination sources, type of air contaminant,
or specific areas of the State. The State submittals cite the following
additional laws and regulations that establish emission limits and
pollution controls:
ORS 468A.045 Activities Prohibited Without Permit; Limit
on Activities with Permit
ORS 468A.050 Classification of Air Contamination Sources;
Registration and Reporting of Sources; Rules; Fees
[[Page 17307]]
ORS 468A.055 Notice Prior to Construction of New Sources;
Order Authorizing or Prohibiting Construction; Effect of No Order;
Appeal
ORS 468A.070 Measurement and Testing of Contamination
Sources; Rules
ORS 468A.085 Residential Open Burning of Vegetative Debris
ORS 468A.315 Emission Fees for Major Sources; Base Fees;
Basis of Fees; Rules
ORS 468A.350-.455 Motor Vehicle Pollution Control
ORS 468A.460-.520 Woodstove Emissions Control
ORS 468A.550-.620 Field Burning and Propane Flaming
ORS 468A.625-.645 Chlorofluorocarbons and Halon Control
ORS 468A.650-.660 Aerosol Spray Control
ORS 468A.990 Penalties
OAR 340-200 General Air Pollution Procedures and
Definitions
OAR 340-202 Ambient Air Quality Standards and PSD
Increments
OAR 340-204 Designation of Air Quality Areas
OAR 340-222 Stationary Source Plant Site Emission Limits
OAR 340-224 Major New Source Review
OAR 340-226 General Emission Standards
OAR 340-228 Requirements for Fuel Burning Equipment and
Fuel Sulfur Content
OAR 340-232 Emission Standards for VOC Point Sources
OAR 340-234 Emission Standards for Wood Products
Industries
OAR 340-236 Emission Standards for Specific Industries
OAR 340-240 Rules for Areas with Unique Air Quality Needs
OAR 340-242 Rules Applicable to the Portland Area
OAR 340-250 General Conformity
OAR 340-252 Transportation Conformity
OAR 340-256 Motor Vehicles
OAR 340-258 Motor Vehicle Fuel Specifications
OAR 340-262 Residential Woodheating
OAR 340-266 Field Burning Rules (Willamette Valley)
OAR 340-268 Emission Reduction Credits
EPA analysis: The State regulations identified above were
previously approved by the EPA into the Oregon SIP and demonstrate that
the Oregon SIP includes enforceable emission limits and other control
measures to implement the 1997 PM2.5, 2006 PM2.5,
and 2008 ozone NAAQS. OAR 340-200 ``General Air Pollution Procedures
and Definitions'' defines direct PM2.5, nitrogen oxides
(NOX) and sulfur dioxide (SO2) as precursors to
PM2.5, and NOX and volatile organic compounds
(VOCs) as precursors to ozone. This rule also defines significant
emissions rates, de minimis emission levels, and plant site emission
rates for air pollutants including direct PM2.5,
NOX and SO2 as precursors to PM2.5,
and NOX and VOCs as precursors to ozone. OAR 340-202
``Ambient Air Quality Standards and PSD Increments'' includes the 1997
PM2.5, 2006 PM2.5, and 2008 ozone NAAQS. The EPA
most recently approved into the State's SIP revisions to OAR 340-200
and OAR 340-202 on December 27, 2011 (76 FR 80747).
The State of Oregon has no areas designated nonattainment for the
1997 PM2.5 standard and no areas designated nonattainment
for the 2008 ozone standard. The State has two areas designated
nonattainment for the 2006 PM2.5 standard (Klamath Falls and
Oakridge). However, the EPA does not consider SIP requirements
triggered by the nonattainment area mandates in part D, Title I of the
CAA to be governed by the submission deadline of CAA section 110(a)(1).
The State generally regulates emissions of PM2.5,
PM2.5 precursors, and ozone precursors through its SIP-
approved New Source Review (NSR) permitting programs, in addition to
other rules and control programs identified below. The EPA most
recently approved revisions to the State's major and minor NSR
permitting programs on December 27, 2011 (76 FR 80747), to regulate
direct PM2.5 emissions, in addition to NOX and
SO2 as precursors to PM2.5. The State's SIP-
approved major and minor NSR permitting programs regulate
NOX and VOCs as precursors to ozone. In addition to the
State's NSR permitting regulations, the State's SIP contains rules that
establish various controls on emissions of particulate matter,
NOX, SO2, and VOCs. These controls include rules
for operational and work practices standards, fuel burning equipment
and fuel sulfur content, grain loading, specific industry sectors,
motor vehicle pollution, industrial emission management, residential
wood heating, field burning, and banking of emission reduction credits.
Based on the analysis above, the EPA is proposing to approve the Oregon
SIP as meeting the requirements of CAA section 110(a)(2)(A) for the
1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.
The EPA is not proposing to approve or disapprove any existing
State provisions with regard to excess emissions during startup,
shutdown, or malfunction (SSM) of operations at a facility. The EPA
believes that a number of states may have SSM provisions that are
contrary to the CAA and existing EPA guidance and the EPA has recently
proposed action to address such state regulations.\4\
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\4\ See footnote 3.
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The EPA is not proposing to approve or disapprove any existing
State rules with regard to director's discretion or variance
provisions. The EPA believes that a number of states may have such
provisions that are contrary to the CAA and existing EPA guidance
(November 24, 1987, 52 FR 45109), and the Agency plans to take action
in the future to address such state regulations. In the meantime, the
EPA encourages any state having a director's discretion or variance
provision that is contrary to the CAA and the EPA guidance to take
steps to correct the deficiency as soon as possible.
110(a)(2)(B): Ambient air quality monitoring/data system
CAA section 110(a)(2)(B) requires SIPs to include provisions to
provide for establishment and operation of ambient air quality
monitors, collecting and analyzing ambient air quality data, and making
these data available to the EPA upon request.
State submittal: The State submittals reference ORS 468.035(a-e, m)
``Functions of the Department'' which provides authority to conduct and
supervise inquiries and programs to assess and communicate air
conditions and to obtain necessary resources (assistance, materials,
supplies, etc) to meet these responsibilities. In addition, the State
references ORS 468A.070 ``Measurement and Testing of Contamination
Sources; Rules'' which provides ODEQ authority to establish a
measurement and testing program pursuant to rules adopted by the EQC.
The State also references the following regulations pertaining to air
quality monitoring and data:
OAR 340-200 General Air Quality Definitions
OAR 340-206 Air Pollution Emergencies
OAR 340-212 Stationary Source Testing and Monitoring
OAR 340-214 Stationary Source Reporting
OAR 340-216 Air Contaminant Discharge Permits
OAR 340-222 Stationary Source Plant Site Emission Limits
OAR 340-225 Air Quality Analysis Requirements
[[Page 17308]]
OAR 340-226 General Emission Standards
OAR 340-232 Emission Standards for VOC Point Sources
OAR 340-256 Motor Vehicles
EPA analysis: A comprehensive air quality monitoring plan, intended
to meet the requirements of 40 CFR part 58 was submitted by the State
to the EPA on December 27, 1979 (40 CFR 52.1970) and approved by the
EPA on March 4, 1981 (46 FR 15136). This air quality monitoring plan
has been subsequently updated, with the most recent submittal dated
July 1, 2012 and approved by the EPA on October 25, 2012.\5\ This plan
includes, among other things, the locations for the particulate matter
monitoring network and ozone monitoring network. The State provides an
annual air quality data report to the public at https://www.deq.state.or.us/aq/forms/annrpt.htm. In addition, the State sends
real time air monitoring information for ozone and particulate matter
to the EPA's AIRNow Web page at https://www.airnow.gov and also provides
the information on the ODEQ Air Quality Index (AQI) Web site at https://www.deq.state.or.us/aqi. Based on the foregoing, the EPA is proposing
to approve the Oregon SIP as meeting the requirements of CAA section
110(a)(2)(B) for the 1997 PM2.5, 2006 PM2.5, and
2008 ozone NAAQS.
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\5\ Oregon Monitoring Network Approval Letter dated October 25,
2012.
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110(a)(2)(C): Program for enforcement of control measures
CAA section 110(a)(2)(C) requires states to include a program
providing for enforcement of all SIP measures, and the regulation of
construction of new or modified stationary sources, including a
permitting program to meet PSD and nonattainment NSR requirements as
required by parts C and D of this subchapter.
State submittal: The State submittals refer to ORS 468.090-.140
``Enforcement'' which provide ODEQ with authority to investigate
complaints, investigate and inspect sources for compliance, access
records, commence enforcement procedures, and impose civil penalties.
In addition, ORS 468.035 (j, k) ``Functions of the Department'' provide
ODEQ with authority to enforce State air pollution laws and compel
compliance with any rule, standard, order, permit or condition. The
State submittals cite the following Oregon laws and regulations related
to enforcement and permitting:
ORS 468.065 Issuance of Permits; Consent; Fees; Use
ORS 468.070 Denial, Modification, Suspension or Revocation
of Permits
ORS 468.090-.140 Enforcement
ORS 468.920-.963 Environmental Crimes
ORS 468.996-.997 Civil Penalties
ORS 468A.040 Permits; Rules
ORS 468A.045 Activities Prohibited without Permit
ORS 468A.055 Notice Prior to Construction of New Sources
ORS 468A.060 Duty to Comply with Laws, Rules, and
Standards
ORS 468A.105 Formation of Regional Air Quality Control
Authorities
ORS 468A.155 Rules Authorizing Regional Permit Programs
ORS 468A.165 Compliance with State Standards Required;
Hearing; Notice
ORS 468A.990 Penalties for Air Pollution Offenses
OAR 340-012 Enforcement Procedure and Civil Penalties
OAR 340-200 General Air Pollution Procedures and
Definitions
OAR 340-202 Ambient Air Quality Standards and PSD
Increments
OAR 340-210 Stationary Source Notification Requirements
OAR 340-214 Stationary Source Reporting Requirements
OAR 340-216 Air Contaminant Discharge Permits (ADCP)
OAR 340-224 Major New Source Review
EPA analysis: The EPA is proposing to find that the State code
provisions referenced in the State submissions provide ODEQ with
authority to enforce the air quality laws, regulations, permits, and
orders promulgated pursuant to ORS Chapters 468 and 468A. ODEQ staffs
and maintains an enforcement program to ensure compliance with SIP
requirements. The ODEQ Director, at the direction of the Governor, may
enter a cease and desist order for polluting activities that present an
imminent and substantial danger to public health (ORS 468-115).
Enforcement cases may be referred to the State Attorney General's
Office for civil or criminal enforcement. Therefore, the EPA is
proposing to approve the Oregon SIP as meeting the requirements of CAA
section 110(a)(2)(C) related to a program of enforcement measures for
the 1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.
The EPA is also proposing to find that the Oregon SIP meets the
requirements related to PSD under CAA section 110(a)(2)(C) for the 1997
PM2.5, 2006 PM2.5, and 2008 ozone NAAQS. As
discussed below, the State's previously-approved SIP provisions are
adequate to satisfy the requirements of CAA section 110(a)(2)(C) for
the 1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS
because they meet current Federal standards. The State's major NSR
program includes requirements for major source permitting in
nonattainment areas, maintenance areas, and attainment and
unclassifiable areas (OAR 340-224). The State's Federally-enforceable
state operating permit program is found at OAR 340-216 ``Air
Contaminant Discharge Permits,'' and is also the administrative permit
mechanism used to implement the notice of construction and major new
source review programs. ODEQ delegates authority to Lane Regional Air
Protection Agency (LRAPA) to implement the source permitting programs
within LRAPA's area of jurisdiction. The requirements and procedures
contained in OAR 340-216, OAR 340-222 and OAR 340-224 are used by LRAPA
to implement its permitting programs until it adopts rules which are at
least as restrictive as State rules. The EPA most recently approved
revisions to the State's major NSR rules on December 27, 2011 (76 FR
80747), including approval of PSD permitting requirements for
PM2.5 and greenhouse gases.\6\ The State's SIP-approved PSD
permitting program regulates NOX and VOCs as precursors to
ozone.
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\6\ Federal requirements pertaining to the permitting programs
required under Subparts C and D of Title I of the CAA have not
changed since the EPA last reviewed and approved changes to Oregon's
Federally-approved PSD and NSR SIP provisions. Accordingly, the EPA
incorporates by reference the rationale for its approval of Oregon's
major source permitting program as discussed in its September 23,
2011, proposed rule and its December 27, 2011, final rule. See 76 FR
59090 (September 23, 2011) and 76 FR 80747 (December 27, 2011).
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The State's SIP-approved minor NSR program applies major source
NSR/PSD requirements to any source with emissions over the significant
emission rate, through the administrative mechanisms laid out in OAR
340-216 ``Air Contaminant Discharge Permits.'' The EPA has determined
that the State's minor NSR program, adopted pursuant to section
110(a)(2)(C) of the CAA, regulates emissions of PM2.5,
NOX and SO2 as precursors to PM2.5,
and NOX and VOCs as precursors to ozone. In this action, the
EPA is not evaluating the State's SIP for consistency with the EPA's
regulations governing minor NSR. The EPA believes that a number of
states may have minor NSR provisions that are contrary to the existing
EPA regulations for this program. The EPA intends to work with states
to reconcile
[[Page 17309]]
state minor NSR programs with the EPA's regulatory provisions for the
program. The statutory requirements of CAA section 110(a)(2)(C) provide
for considerable flexibility in designing minor NSR programs, and the
EPA believes it may be time to revisit the regulatory requirements for
this program to give the states an appropriate level of flexibility to
design a program that meets their particular air quality concerns,
while assuring reasonable consistency across the country in protecting
the NAAQS with respect to new and modified minor sources.
Based on the analysis above, the EPA is proposing to find that the
Oregon SIP includes enforcement, PSD, and minor source permitting
provisions that are adequate to satisfy the requirements of CAA section
110(a)(2)(C) for the 1997 PM2.5, 2006 PM2.5, and
2008 ozone NAAQS.
110(a)(2)(D): Interstate transport
CAA section 110(a)(2)(D)(i) requires that SIPs contain adequate
provisions prohibiting any source or other type of emissions activity
in one state from contributing significantly to nonattainment, or
interfering with maintenance of the NAAQS in another state, or from
interfering with measures required to prevent significant deterioration
of air quality or to protect visibility in another state.
State submittal: The State submitted the ``Oregon SIP
Infrastructure for Addressing the Interstate Transport of Ozone and
Fine Particulate Matter'' (2010 Interstate Transport SIP) to satisfy
the interstate transport requirements for multiple NAAQS, including the
2006 PM2.5 and 2008 ozone NAAQS. The 2010 Interstate
Transport SIP references the State's SIP-approved PSD program and the
State's collaborative work with neighboring states on regional haze
SIPs, which include plans and requirements for addressing visibility
impairment caused by fine particulate matter and ozone in national
parks and wilderness areas. In addition, the 2010 Interstate Transport
SIP references the consultation ODEQ conducted with air agency staff in
Washington, Idaho, Nevada and California in preparing the 2010
Interstate Transport SIP, specifically to identify and understand
relevant air pollution issues in neighboring states, and whether these
problems could be impacted by interstate transport.
EPA analysis: CAA section 110(a)(2)(D)(i) addresses four separate
elements, or ``prongs.'' CAA section 110(a)(2)(D)(i)(I) requires state
SIPs contain adequate provisions prohibiting emissions which will
contribute significantly to nonattainment of the NAAQS in any other
state (prong 1), and adequate provisions prohibiting emissions which
will interfere with maintenance of the NAAQS by any other state (prong
2). CAA section 110(a)(2)(D)(i)(II) requires that state SIPs contain
adequate provisions prohibiting emissions which will interfere with any
other state's required measures to prevent significant deterioration
(PSD) of its air quality (prong 3), and adequate provisions prohibiting
emissions which will interfere with any other state's required measures
to protect visibility (prong 4).
As noted above, this action does not address the requirements of
CAA section 110(a)(2)(D)(i) for the 1997 PM2.5 NAAQS which
the EPA approved in three previous actions: June 9, 2011 (76 FR 33650),
July 5, 2011 (76 FR 38997) and December 27, 2011 (76 FR 80747). In
addition, this action does not address the requirements of CAA section
110(a)(2)(D)(i)(I) for the 2006 PM2.5 and 2008 ozone NAAQS
which the EPA will address in a separate action. This action also does
not address the requirements of CAA section 110(a)(2)(D)(i)(II) with
regards to prevention of significant deterioration (prong 3) for the
2006 PM2.5 NAAQS, which the EPA approved in a previous
action on December 27, 2011 (76 FR 80747).
In this action, the EPA is proposing to approve the Oregon SIP as
meeting the requirements of CAA section 110(a)(2)(D)(i)(II) with
respect to PSD (prong 3) for the 2008 ozone NAAQS and the requirements
of CAA section 110(a)(2)(D)(i)(II) with respect to visibility (prong 4)
for the 2006 PM2.5 and 2008 ozone NAAQS.
To address whether emissions from sources in Oregon interfere with
any other state's required measures to prevent significant
deterioration of air quality, the State's 2010 Interstate Transport SIP
references the SIP-approved Oregon PSD program. The EPA approved
revisions to the State's major NSR rules on December 27, 2011 (76 FR
80747), including approval of PSD permitting requirements for
PM2.5 and greenhouse gases. The State's SIP-approved PSD
program regulates NOX and VOCs as precursors to ozone. As
discussed in the EPA's 2011 analysis of the State's PSD permitting
requirements, the Federally-approved provisions of the State's SIP meet
current Federal PSD requirements. Federal PSD requirements have not
changed since the date of the EPA's most recent PSD-related SIP
approval and the Oregon SIP provisions continue to meet Federal PSD
permitting standards. Therefore, the EPA is proposing to approve the
Oregon SIP as meeting the requirements of CAA section
110(a)(2)(D)(i)(II) with respect to PSD (prong 3) for the 2008 ozone
NAAQS.
To address whether emissions from sources in the State interfere
with any other state's required measures to protect visibility, the
2010 Interstate Transport SIP refers to the Oregon Regional Haze SIP
which was submitted to the EPA on December 14, 2010, and addresses
PM2.5 and PM2.5 and ozone precursor visibility
impacts across states within the region. On July 5, 2011, the EPA
approved portions of the Oregon Regional Haze SIP including the
requirements for best available retrofit technology (BART) (76 FR
38997). The EPA approved the remaining elements of the Oregon Regional
Haze SIP on August 22, 2012 (77 FR 50611).
The EPA's September 25, 2009, infrastructure guidance states that
the EPA believes the requirement for state SIPs to include adequate
provisions prohibiting interference with measures to protect visibility
in another state could be satisfied by an approved SIP addressing
regional haze. The EPA's reasoning was that the development of the
regional haze SIPs was intended to occur in a collaborative environment
among the states, and that through this process states would coordinate
on emissions controls to protect visibility on an interstate basis. The
2010 Interstate Transport SIP describes the State's participation in
the Western Regional Air Partnership (WRAP), which is a regional
planning organization created to address regional haze and related
issues. WRAP member states include: Alaska, Arizona, California,
Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South
Dakota, Utah, Washington and Wyoming, in addition to member tribes. In
developing their respective regional haze SIPs, WRAP states, including
Oregon, consulted with each other through the WRAP's work groups. As a
result of this process, the common understanding was that each state
would take action to achieve the emissions reductions relied upon by
other states in their reasonable progress demonstrations in their
regional haze SIPs.
Because Oregon has a Federally-approved Regional Haze SIP that
meets current requirements, the EPA concludes that the State's SIP
contains adequate provisions to address the requirements of CAA section
110(a)(2)(D)(i)(II) with respect to visibility (prong 4) for the 2006
PM2.5 and 2008 ozone NAAQS. Therefore, the EPA is proposing
to approve the Oregon SIP as meeting the requirements of CAA
[[Page 17310]]
section 110(a)(2)(D)(i)(II) as it applies to visibility for the 2006
PM2.5 and 2008 ozone NAAQS (prong 4).
Interstate and International transport provisions
CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions
insuring compliance with the applicable requirements of CAA sections
126 and 115 (relating to interstate and international pollution
abatement). Specifically, CAA section 126(a) requires new or modified
major sources to notify neighboring states of potential impacts from
the source.
State submittal: The State submittals state that State regulations
are consistent with Federal requirements in Appendix N of 40 CFR part
50 pertaining to the notification of interstate pollution abatement.
The State refers to OAR 340-202 ``Ambient Air Quality and PSD
Increments.''
EPA analysis: The EPA most recently approved revisions to the
State's NSR regulations on December 27, 2011 (76 FR 80747). The State's
public notice requirements at OAR 340-209-0060 require that for major
NSR actions, ODEQ will provide notice to neighboring states, among
other officials and agencies. The State has no pending obligations
under section 115 or 126(b) of the Act. Accordingly, the EPA is
proposing to approve the Oregon SIP as meeting the requirements of CAA
section 110(a)(2)(D)(ii) for the 1997 PM2.5, 2006
PM2.5, and 2008 ozone NAAQS.
110(a)(2)(E): Adequate resources
CAA section 110(a)(2)(E) requires each state SIP to provide: (i)
Necessary assurances that the State will have adequate personnel,
funding, and authority under State law to carry out the SIP (and is not
prohibited by any provision of Federal or State law from carrying out
the SIP or portion thereof), (ii) requirements that the State comply
with the requirements respecting State boards under section 128, and
(iii) necessary assurances that, where the State has relied on a local
or regional government, agency, or instrumentality for the
implementation of any SIP provision, the State has responsibility for
ensuring adequate implementation of such SIP provision.
State submittal: The State submittals cite ORS 468.035 ``Functions
of Department'' which provides ODEQ authority to employ personnel,
purchase supplies, enter into contracts, and to receive, appropriate,
and expend federal and other funds for purposes of air pollution
research and control. In addition, ORS 468.045 ``Functions of Director;
Delegation'' provides the ODEQ Director with authority to hire, assign,
reassign, and coordinate personnel of the department and to administer
and enforce the laws of the state concerning environmental quality. ORS
468.035(c) ``Functions of Department'' provides ODEQ authority to
advise, consult, and cooperate with other states, state and federal
agencies, or political subdivisions on all air quality control matters.
ORS 468A.010 ``Policy'' calls for a coordinated statewide program of
air quality control with responsibility allocated between the state and
the units of local government. ORS 468A.100-180 ``Regional Air Quality
Control Authorities'' describes the establishment, role and function of
regional air quality control authorities. State regulations at OAR 340-
200 ``General Air Quality Definitions'' specify LRAPA has authority in
Lane County and defines the term ``Regional Agency.'' OAR 340-204
``Designation of Air Quality Areas'' includes designation of control
areas within Lane County. OAR 34-216 ``Air Contaminant Discharge
Permits'' includes permitting authorities for LRAPA.
EPA analysis: The EPA proposes to find that the Oregon SIP meets
the adequate personnel, funding and authority requirements of CAA
section 110(a)(2)(E)(i). The State of Oregon receives sections 103 and
105 grant funds from the EPA and provides State matching funds
necessary to carry out SIP requirements. For purposes of CAA section
110(a)(2)(E)(ii), the EPA approved OAR 340-200-0100 through OAR 340-
200-0120 as meeting the requirements of CAA section 128 on January 22,
2003 (68 FR 2891). Finally, regarding CAA section 110(a)(2)(E)(iii)
state responsibility and oversight of local and regional entities, the
EPA is proposing to find that State law and regulation detailed above
provides ODEQ with adequate authority to carry out SIP obligations with
respect to the 1997 PM2.5, 2006 PM2.5, and 2008
ozone NAAQS. Therefore the EPA is proposing to approve the Oregon SIP
as meeting the requirements of CAA section 110(a)(2)(E) for the 1997
PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.
110(a)(2)(F): Stationary source monitoring system
CAA section 110(a)(2)(F) requires (i) The installation,
maintenance, and replacement of equipment, and the implementation of
other necessary steps, by owners or operators of stationary sources to
monitor emissions from such sources, (ii) periodic reports on the
nature and amounts of emissions and emissions-related data from such
sources, and (iii) correlation of such reports by the state agency with
any emission limitations or standards established pursuant to the CAA,
which reports shall be available at reasonable times for public
inspection.
State submittal: The State submittals refer to the following
statutory and regulatory provisions which provide authority and
requirements for source emissions monitoring, reporting, and
correlation with emission limits or standards:
ORS 468.035 (b, d) Functions of Department
ORS 468A.025(4) Air Purity Standards; Air Quality
Standards; Treatment and Control of Emissions; Rules
ORS 468A.070 Measurement and Testing of Contamination
Sources; Rules
OAR 340-212 Stationary Source Testing and Monitoring
OAR 340-214 Stationary Source Reporting Requirements
OAR 340-222 Stationary Source Plant Site Emission Limits
OAR 340-225 Air Quality Analysis Requirements
OAR 340-234 Emission Standards for Wood Products
Industries: Monitoring and Reporting
OAR 340-236 Emission Standards for Specific Industries:
Emissions Monitoring and Reporting
OAR 340-240 Rules for Areas with Unique Air Quality Needs
EPA analysis: The State statutory provisions listed above provide
authority to establish a program for measurement and testing of
sources, including requirements for sampling and testing. The State
regulations cited above require facilities to monitor and report
emissions, including requirements for monitoring methods and design,
and monitoring and quality improvement plans. In addition, stationary
source reporting requirements include maintaining written records to
demonstrate compliance with emission rules, limitations, or control
measures, and requirements for reporting and recordkeeping. Therefore,
the EPA is proposing to approve the Oregon SIP as meeting the
requirements of CAA section 110(a)(2)(F) for the 1997 PM2.5,
2006 PM2.5, and 2008 ozone NAAQS.
110(a)(2)(G): Emergency episodes
CAA section 110(a)(2)(G) requires states to provide for authority
to address activities causing imminent and substantial endangerment to
public health, including contingency plans to implement the emergency
episode provisions in their SIPs.
[[Page 17311]]
State submittal: The State submittals cite ORS 468-115
``Enforcement in Cases of Emergency'' which authorizes the ODEQ
Director, at the direction of the Governor, to enter a cease and desist
order for polluting activities that present an imminent and substantial
danger to public health. In addition, OAR 340-206 ``Air Pollution
Emergencies'' authorizes the ODEQ Director to declare an air pollution
alert or warning, or to issue an ozone advisory to notify the public.
OAR 340-214 ``Stationary Source Reporting Requirements'' requires
reporting of emergencies and excess emissions and reporting
requirements.
EPA analysis: ORS 468-115 ``Enforcement in Cases of Emergency''
provides emergency order authority comparable to CAA Section 303.
Emergency episode SIP requirements are set forth at 40 CFR part 51
subpart H (prevention of air pollution emergency episodes, sections
51.150 through 51.153). The EPA has not promulgated revisions to these
rules for PM2.5. However, the EPA's September 25, 2009
guidance \7\ made recommendations on how states could address emergency
episode and contingency plans for PM2.5. Subsequently, on
December 27, 2011 (76 FR 80747), the EPA approved State revisions to
OAR 340-206 ``Air Pollution Emergencies'' to add a significant harm
level, air pollutant alert level, air pollution warning level, and air
pollutant emergency level for PM2.5, consistent with the
EPA's September 25, 2009 guidance. OAR 340-206 ``Air Pollution
Emergencies'' is consistent with the requirements of 40 CFR 51.150
through 51.153 for ozone. Therefore, the EPA is proposing to approve
the Oregon SIP as meeting the requirements of CAA section 110(a)(2)(G)
for the 1997 PM2.5, 2006 PM2.5, and 2008 ozone
NAAQS.
---------------------------------------------------------------------------
\7\ See footnote 2.
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110(a)(2)(H): Future SIP Revisions
CAA section 110(a)(2)(H) requires that SIPs provide for revision of
such plan (i) from time to time as may be necessary to take account of
revisions of such national primary or secondary ambient air quality
standard or the availability of improved or more expeditious methods of
attaining such standard, and (ii), except as provided in paragraph
110(a)(3)(C), whenever the Administrator finds on the basis of
information available to the Administrator that the SIP is
substantially inadequate to attain the NAAQS which it implements or to
otherwise comply with any additional requirements under the CAA.
State submittal: The State submittals refer to ORS 468A.025 ``Air
Purity Standards; Air Quality Standards; Treatment and Control of
Emissions; Rules'' which provides authority for the EQC to establish
areas of the state that require controls necessary to achieve the
NAAQS. The submittals also refer to OAR 340-200 ``General Air Pollution
Procedures and Definitions'' -0040 ``State of Oregon Clean Air Act
Implementation Plan'' which provides for revisions to the Oregon SIP
and submittal of revisions to the EPA, including standards submitted by
a regional authority and adopted verbatim into ODEQ rules.
EPA analysis: As cited above, the State's SIP provides for
revisions, and in practice, the State regularly submits SIP revisions
to the EPA to take into account revisions to the NAAQS and other
Federal regulatory changes. On December 27, 2011, the EPA approved
numerous revisions to the Oregon SIP, including updates to the State's
rules to reflect Federal changes to the NAAQS for PM2.5,
ozone and lead (76 FR 80747). The EPA proposes to approve the Oregon
SIP as meeting the requirements of CAA section 110(a)(2)(H) for the
1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.
110(a)(2)(I): Nonattainment area plan revision under part D
CAA section 110(a)(2)(I) requires states, in the case of a plan or
revision for an area designated as nonattainment, to meet the
applicable requirements of part D of Title I of the CAA relating to
nonattainment areas.
EPA analysis: There are two elements identified in CAA section
110(a)(2) not governed by the three-year submission deadline of CAA
section 110(a)(1). SIPs incorporating necessary local nonattainment
area controls are not due within three years after promulgation of a
new or revised NAAQS, but are, rather, due at the time of the
nonattainment area plan requirements pursuant to section 172. These
requirements are: (i) submissions required by CAA section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required in
part D, Title I of the CAA, and (ii) submissions required by CAA
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, Title I of the CAA. Because the nonattainment
planning requirements are not governed by the three-year submission
deadline of CAA section 110(a)(1), this infrastructure action does not
address to the requirements of CAA section 110(a)(2)(C) with respect to
nonattainment NSR or CAA section 110(a)(2)(I).
110(a)(2)(J): Consultation with government officials
CAA section 110(a)(2)(J) requires states to provide a process for
consultation with local governments and Federal Land Managers who are
carrying out NAAQS implementation requirements pursuant to CAA section
121, relating to consultation. CAA section 110(a)(2)(J) further
requires states to notify the public if NAAQS are exceeded in an area
and to enhance public awareness of measures that can be taken to
prevent exceedances. Lastly, CAA section 110(a)(2)(J) requires states
to meet applicable requirements of part C, title I of the CAA related
to prevention of significant deterioration and visibility protection.
State submittal: The State submittals reference specific laws and
regulations relating to consultation, public notification, and PSD and
visibility protection:
ORS 468.020 Rules and Standards
ORS 468.035(a, c, f-g) Functions of Department
ORS 468A.010 (1) (b, c) Policy
ORS 468A.025 Air Purity Standards; Air Quality Standards;
Treatment and Control of Emissions; Rules
OAR 340-202 Ambient Air Quality Standards and PSD
Increments
OAR 340-204 Designation of Air Quality Areas
OAR 340-206 Air Pollution Emergencies
OAR 340-209 Public Participation
OAR 340-224 Major New Source Review
OAR 340-225 Air Quality Analysis Requirements
EPA analysis: The EPA proposes to find that the State's Federally-
approved SIP includes specific provisions for consulting with local
governments and Federal Land Managers as specified in CAA section 121.
ODEQ coordinates with local governments, states, Federal Land Managers
and other stakeholders on air quality issues and provides notice to
appropriate agencies related to permitting actions. The State regularly
participates in regional planning processes including the Western
Regional Air Partnership, which is a regional planning organization
made up of states, tribes, Federal Land Managers, local air agencies,
whose purpose is to understand current and evolving regional air
quality issues in the West. The EPA is proposing to approve the Oregon
SIP as meeting the requirements of CAA section 110(a)(2)(J) for
[[Page 17312]]
consultation with government officials for the 1997 PM2.5,
2006 PM2.5, and 2008 ozone NAAQS.
The State of Oregon sends real time air monitoring information for
ozone, particulate matter, and carbon monoxide to the EPA's AIRNow Web
page at https://www.airnow.gov and also provides the information on the
ODEQ Air Quality Index (AQI) Web site at https://www.deq.state.or.us/aqi
including measures that can be taken to improve air quality. The EPA is
proposing to approve the Oregon SIP as meeting the requirements of CAA
section 110(a)(2)(J) for public notification for the 1997
PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.
The requirement in CAA section 110(a)(2)(J) that the SIP meet the
applicable requirements of part C, title I of the CAA is the same as
described earlier at CAA section 110(a)(2)(C) as it relates to PSD. The
EPA most recently approved revisions to the State's Federally-approved
PSD program on December 27, 2011 (76 FR 80747), including PSD program
regulation of direct PM2.5, NOX and
SO2 as precursors to PM2.5, and PSD permitting of
greenhouse gas-emitting sources. The State's SIP-approved PSD
permitting program regulates NOX and VOCs as precursors to
ozone. Therefore, the EPA is proposing to approve the Oregon SIP as
meeting the requirements of CAA section 110(a)(2)(J) for PSD for the
1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.
With regard to the applicable requirements for visibility
protection, the EPA recognizes that states are subject to visibility
and regional haze program requirements under part C of Title I of the
CAA. In the event of the establishment of a new NAAQS, however, the
visibility and regional haze program requirements under part C, Title I
of the CAA do not change. Thus we find that there is no new visibility
obligation triggered under CAA section 110(a)(2)(J) when a new NAAQS
becomes effective.
Based on the analysis above, the EPA is proposing to approve the
Oregon SIP as meeting the requirements of CAA section 110(a)(2)(J) for
the 1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.
110(a)(2)(K): Air quality and modeling/data
CAA section 110(a)(2)(K) requires that SIPs provide for (i) the
performance of such air quality modeling as the Administrator may
prescribe for the purpose of predicting the effect on ambient air
quality of any emissions of any air pollutant for which the
Administrator has established a national ambient air quality standard,
and (ii) the submission, upon request, of data related to such air
quality modeling to the Administrator.
State submittal: The State submittals refer to ORS 468.035
``Functions of Department'' which provides ODEQ authority to conduct
studies and investigations to determine air quality. OAR 340-202
``Ambient Air Quality Standards and PSD Increments'' establishes
standards and procedures for modeling and reporting data on air
emissions. OAR 340-216 ``Air Contaminant Discharge Permits''
establishes requirements for testing, monitoring, recordkeeping, and
reporting requirements to determine compliance with emission standards.
OAR 340-225 ``Air Quality Analysis Requirements'' includes modeling
requirements for analysis and demonstration of compliance with
standards and increments in specified areas. OAR 340-226 ``General
Emission Standards'' provides authority for ODEQ to establish
additional controls through permitting to prevent violation of ambient
air quality standards from a source as determined by modeling,
monitoring or a combination thereof.
EPA analysis: The EPA previously approved the State's regulations
on air quality modeling into the SIP on January 22, 2003 (68 FR 2891)
and these rules require all modeled estimates of ambient concentrations
be based on 40 CFR part 51, Appendix W (Guidelines on Air Quality
Models). Any change or substitution from models specified in 40 CFR
part 51, Appendix W is subject to notice and opportunity for public
comment and must receive prior written approval from ODEQ and the EPA.
As an example of the State's modeling capacity, the State of Oregon
has submitted a recent SIP revision, supported by modeling for ozone.
The Portland and Salem areas were historically nonattainment under the
1-hour ozone standard and require maintenance plans that ensure on-
going compliance with the 1997 8-hour ozone standard. On May 22, 2007,
the State submitted these maintenance plans to the EPA, supported by
extensive modeling. The EPA approved the SIP revision on December 19,
2011 (76 FR 78571). Based on the foregoing, the EPA is proposing to
approve the Oregon SIP as meeting the requirements of CAA section
110(a)(2)(K) for the 1997 PM2.5, 2006 PM2.5, and
2008 ozone NAAQS.
110(a)(2)(L): Permitting fees
CAA section 110(a)(2)(L) requires SIPs to require each major
stationary source to pay permitting fees to cover the cost of
reviewing, approving, implementing and enforcing a permit, until such
time as the SIP fee requirement is superseded by the EPA's approval of
the state's title V operating permit program.
State submittal: The State submittals refer to ORS 468.065
``Issuance of Permits: Content; Fees; Use'' which provides the EQC
authority to establish a schedule of fees for permits based upon the
costs of filing and investigating applications, issuing or denying
permits, carrying out Title V requirements and determining compliance.
ORS 468A.050 ``Classification of Air Contamination Sources;
Registration and Reporting of Sources; Rules; Fees'' provides authority
to the EQC to establish fee schedules for air contamination sources.
OAR 340-216 ``Air Contaminant Discharge Permits'' requires payment of
permit fees based on a specified table of sources and fee schedule. In
addition, the State submittals point to the State's approved title V
program.
EPA analysis: On September 28, 1995, the EPA fully approved the
State's title V program (60 FR 50106) (effective November 27, 1995).
While the State's operating permit program is not formally approved
into the State's SIP, it is a legal mechanism the State can use to
ensure that ODEQ has sufficient resources to support the air program,
consistent with the requirements of the SIP. The State's title V
program included a demonstration the State will collect a fee from
title V sources above the presumptive minimum in accordance with 40 CFR
70.9(b)(2)(i). The EPA's review process prior to the approval of the
State's Title V permitting program included an evaluation of the
State's ability to collect adequate fees. Therefore, the EPA proposes
to find that the State has satisfied the requirements of CAA section
110(a)(2)(L) for the 1997 PM2.5, 2006 PM2.5, and
2008 ozone NAAQS.
110(a)(2)(M): Consultation/participation by affected local entities
CAA section 110(a)(2)(M) requires states to provide for
consultation and participation in SIP development by local political
subdivisions affected by the SIP.
State submittal: The State submittals refer to the following laws
and regulations:
ORS 468.035 (a, c, f-g) Functions of Department
ORS 468A.010 (1) (b, c) Policy
ORS 468A.100-180 Regional Air Quality Control Authorities
ORS 468A.405 Authority to Limit Motor Vehicle Operation
and Traffic; Rules
[[Page 17313]]
OAR 340-200 General Air Pollution Procedures and
Definitions
OAR 340-204 Designation of Air Quality Areas
OAR 340-216 Air Contaminant Discharge Permits
EPA analysis: The regulations cited by the State were previously
approved on December 27, 2011 (76 FR 80747), and provide for
consultation and participation in SIP development by local political
subdivisions affected by the SIP. Therefore the EPA proposes to find
that the State's SIP meets the requirements of CAA section 110(a)(2)(M)
for the 1997 PM2.5, 2006 PM2.5, and 2008 ozone
NAAQS.
VI. Scope of Proposed Action
Oregon has not demonstrated authority to implement and enforce the
Oregon Administrative rules within ``Indian Country'' as defined in 18
U.S.C. 1151. ``Indian country'' is defined under 18 U.S.C. 1151 as: (1)
All land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and including rights-of-way running through the
reservation, (2) all dependent Indian communities within the borders of
the United States, whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a State,
and (3) all Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same. Under
this definition, the EPA treats as reservations trust lands validly set
aside for the use of a Tribe even if the trust lands have not been
formally designated as a reservation. Therefore, this SIP approval does
not extend to ``Indian Country'' in Oregon. See CAA sections
110(a)(2)(A) (SIP shall include enforceable emission limits),
110(a)(2)(E)(i) (State must have adequate authority under State law to
carry out SIP), and 172(c)(6) (nonattainment SIPs shall include
enforceable emission limits).
VII. Proposed Action
The EPA is proposing to find that the Federally-approved provisions
currently in the Oregon SIP meet the following CAA section 110(a)(2)
infrastructure elements for the 1997 PM2.5, 2006
PM2.5, and the 2008 ozone NAAQS: (A), (B), (C), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M). The EPA is also proposing
to find that the Federally-approved provisions currently in the Oregon
SIP meet the requirements of CAA section 110(a)(2)(D)(i)(II) as it
applies to prevention of significant deterioration for the 2008 ozone
NAAQS, and CAA section 110(a)(2)(D)(i)(II) as it applies to visibility
for the 2006 PM2.5 and 2008 ozone NAAQS. This action does
not propose to approve any additional provisions into the Oregon SIP
but is a proposed finding that the current provisions of the Oregon SIP
are adequate to satisfy the above-mentioned infrastructure elements
required by the CAA. This action is being taken under section 110 of
the CAA.
VIII. 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves the state's law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by the state's 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 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 CAA; 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).
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
Oregon, and the EPA notes that 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, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate Matter, and
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 6, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2013-06309 Filed 3-20-13; 8:45 am]
BILLING CODE 6560-50-P