Air Plan Approval; OR: 2018 Permitting Rule Revisions, 33883-33886 [2019-14989]

Download as PDF Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Proposed Rules public comment, and takes other administrative steps. DATES: Comments are due: August 26, 2019. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Proposal Four III. Notice and Comment IV. Ordering Paragraphs jspears on DSK30JT082PROD with PROPOSALS I. Introduction On July 9, 2019, the Postal Service filed a petition pursuant to 39 CFR 3050.11 requesting that the Commission initiate a rulemaking proceeding to consider changes to analytical principles relating to periodic reports.1 The Petition identifies the proposed analytical changes filed in this docket as Proposal Four. II. Proposal Four Background. The Postal Service seeks to modify the costing methodology for the non-negotiated service agreement (NSA) portions of International Priority Airmail (IPA) and International Surface Airlift (ISAL) products. Petition, Proposal Four at 1. The Postal Service states that Proposal Four relates to the Commission’s directive in the FY 2018 Annual Compliance Determination Report (FY 2018 ACD) for the Postal Service to ‘‘consider the proposed change in analytical principles for PRIME enhanced payments, to ensure that the proposed distribution does not allocate . . . NSA-specific costs to the non-NSA IPA product.’’ 2 The Postal Service notes that although the FY 2018 ACD directive focused on IPA product, ISAL is calculated in a parallel manner. Petition, Proposal Four at 1. As such, the Postal Service proposes changes to the costing methodology for both the IPA and ISAL products. Id. The Postal Service states that the current International Cost and Revenue 1 Petition of the United States Postal Service for the Initiation of a Proceeding to Consider Proposed Changes in Analytical Principles (Proposal Four), July 9, 2019 (Petition). 2 Id. at 2. Docket No. ACR2018, Annual Compliance Determination Report, April 12, 2019, at 107 (FY 2018 ACD). VerDate Sep<11>2014 16:51 Jul 15, 2019 Jkt 247001 Analysis (ICRA) model treats the nonNSA and NSA portions of IPA and ISAL as a single product (Total IPA and Total ISAL, respectively). Id. It is therefore unable to estimate the costs of the nonNSA portions of these products. See id. at 2–3. Proposal. The Postal Service proposes to replace the Total IPA and Total ISAL data in its System for International Revenue and Volume, Outbound (SIRVO) sampling system. Id. at 3. The new SIRVO data would be input to the ICRA model with only the non-NSA portion of the IPA and ISAL product. Id. The previous module calculations would be removed, the model would be rerun, and terminal dues would be rebenchmarked to the General Ledger amounts. Id. Rationale and impact. As the Commission noted in the FY 2018 ACD, the Postal Service’s current methodology attributes too many costs to the non-NSA portion of IPA. FY 2018 ACD at 106–107. The Postal Service asserts that isolating the non-NSA portion of SIRVO for both IPA and ISAL will avoid attribution of NSA settlement expenses to the non-NSA portion of both products in the ICRA model. Petition, Proposal Four at 4. The Postal Service states that the procedures proposed would more accurately reflect reduced unit costs and improved cost coverage for the non-NSA portions of both IPA and ISAL. Id. It also asserts that had the proposed methodology changes been in effect for FY 2018, revenues from the non-NSA portion of IPA would have covered its costs. Id. III. Notice and Comment The Commission establishes Docket No. RM2019–9 for consideration of matters raised by the Petition. More information on the Petition may be accessed via the Commission’s website at https://www.prc.gov. Interested persons may submit comments on the Petition and Proposal Four no later than August 26, 2019. Pursuant to 39 U.S.C. 505, the Commission designates Katalin K. Clendenin as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding. IV. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. RM2019–9 for consideration of the matters raised by the Petition of the United States Postal Service for the Initiation of a Proceeding to Consider Proposed Changes in Analytical Principles (Proposal Four), filed July 9, 2019. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 33883 2. Comments by interested persons in this proceeding are due no later than August 26, 2019. 3. Pursuant to 39 U.S.C. 505, the Commission appoints Katalin K. Clendenin to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this docket. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Ruth Ann Abrams, Acting Secretary. [FR Doc. 2019–15030 Filed 7–15–19; 8:45 am] BILLING CODE 7710–FW–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2019–0269, FRL–9996–58– Region 10] Air Plan Approval; OR: 2018 Permitting Rule Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) proposes to approve revisions to the Oregon State Implementation Plan (SIP) submitted on December 11, 2018. The revisions update the SIP to allow for electronic public notice of proposed major stationary source permits, add references to stationary source sampling requirements, make use of plain language, and correct errors. The EPA reviewed the submitted revisions and proposes to find they are consistent with Clean Air Act requirements. DATES: Comments must be received on or before August 15, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2019–0269, at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not electronically submit any information you consider to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to SUMMARY: E:\FR\FM\16JYP1.SGM 16JYP1 33884 Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Proposed Rules make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200 Sixth Avenue—Suite 155, Seattle, WA 98101, at (206) 553–6357, or hall.kristin@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means the EPA. state-only air toxics permitting program known as Cleaner Air Oregon, established in OAR Chapter 340, Division 245. The State did not submit the Division 245 Cleaner Air Oregon regulations for SIP approval. However, some of the regulations adopted in the state rulemaking package also make changes to rules in the federallyapproved SIP. On December 11, 2018, Oregon submitted these SIP-related changes to the EPA for approval. The changes account for electronic public notice of proposed major source permits, add references to stationary source sampling requirements, make use of plain language, and correct errors. For more details, please see the December 11, 2018 submission in the docket for this action. Table of Contents A. Division 12: Enforcement Procedure and Civil Penalties jspears on DSK30JT082PROD with PROPOSALS I. Background II. Evaluation of Submission A. Division 12: Enforcement Procedure and Civil Penalties B. Division 200: General Air Pollution Procedures and Definitions C. Division 209: Public Participation D. Division 216: Air Contaminant Discharge Permits E. Volume I: Source Sampling Manual III. Proposed Action IV. Oregon Notice Provision V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background Each state has a State Implementation Plan (SIP) containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS) established by the EPA for the criteria pollutants (carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, sulfur dioxide). The SIP contains such elements as air pollution control regulations, emission inventories, attainment demonstrations, and enforcement mechanisms. Section 110 of the Clean Air Act (CAA) requires each state to periodically revise its SIP. As a result, the SIP is a living compilation of regulatory and nonregulatory elements that are updated to address federal requirements and changing air quality issues in the state. Air quality regulations for the State of Oregon (‘‘Oregon’’ or ‘‘the State’’) are found in Chapter 340 of the Oregon Administrative Rules (OAR) and are generally implemented by the Oregon Department of Environmental Quality (ODEQ). On November 15, 2018, the State adopted new and revised air quality regulations that became effective November 16, 2018. Most of the adopted regulations implement Oregon’s new, VerDate Sep<11>2014 16:51 Jul 15, 2019 Jkt 247001 II. Evaluation of Submission Division 12 contains enforcement procedures and civil penalties for violations of environmental regulations. In the submission, Oregon made minor edits to this division for clarity and to correct errors. For example, Oregon replaced the phrase ‘‘pursuant to’’ with ‘‘under’’ because the word has a plainer meaning. In addition, the State corrected references to the federallydefined term ‘‘Best Available Control Technology.’’ We reviewed the submitted changes and propose to find that Division 12 continues to provide the ODEQ with adequate authority to enforce the SIP as required by section 110 of the CAA and 40 CFR 51.230(b). Consistent with our prior action on October 23, 2015, we propose to approve the changes to this division only to the extent the provisions relate to enforcement of the requirements contained in the Oregon SIP (80 FR 64346). We are not proposing to incorporate the changes by reference into the Code of Federal Regulations (CFR), however, because the EPA relies on its independent enforcement procedures and penalty provisions in bringing enforcement actions and assessing penalties under the CAA. B. Division 200: General Air Pollution Procedures and Definitions Division 200 contains general procedures and definitions used in the State’s air quality program. In the submission, Oregon made minor changes to clarify rule language throughout the definitions section of this division. The State also revised the definition of ‘‘continuous monitoring systems’’ to reference the Oregon Continuous Monitoring Manual, PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 adopted in OAR 340–200–0035. Likewise, the State clarified the definitions of ‘‘source test’’ and ‘‘volatile organic compounds’’ to reference the Oregon Source Sampling Manual, adopted in OAR 340–200– 0035. Oregon added a new definition for ‘‘toxic air contaminant’’ to account for the new, state-only air toxics permitting program, and made conforming changes to related definitions in Division 200. However, these revisions have limited impact on the federally-approved Oregon SIP because the revisions primarily relate to the new, state-only air toxics rules which are not part of the SIP and were not submitted to the EPA for approval. Division 200 also includes key reference materials used throughout Oregon air quality rules. The submission revises citation dates for these reference materials. First, all references to federal requirements in the CFR now refer to the July 1, 2018 version. Second, all references to the Oregon Source Sampling Manual now refer to the November 2018 edition (also submitted for approval into the SIP). We reviewed the submitted changes to Division 200 and propose to approve and incorporate them by reference into the Oregon SIP, except all references to ‘‘toxic air contaminants’’ and the stateonly air toxics permitting program set forth in OAR Chapter 340, Division 245, because these provisions were not submitted to the EPA for approval. We note that the State’s submitted update to reference the July 1, 2018 CFR was approved by the EPA in a prior action. Please see our recent rulemaking entitled ‘‘Air Plan Approval; OR: Infrastructure Requirements for the 2015 Ozone Standard’’ published on June 6, 2019 (84 FR 26347). C. Division 209: Public Participation Division 209 contains rules to notify the public of certain permit actions and give the public an opportunity to participate in the permitting process. In the submission, Oregon removed the requirement to publish notice of draft major new source review (NSR) permits in the local newspaper and added the option to publish notice on a publiclyaccessible website, along with the draft permit. These changes are consistent with recent EPA rules published on October 18, 2016 and intended to modernize the process (81 FR 71613). Oregon also made updates to this division to address the new, state-only air toxics permitting program. However, Oregon submitted these public participation rule changes only to the extent the rules apply to (1) pollutants for which NAAQS have been E:\FR\FM\16JYP1.SGM 16JYP1 Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Proposed Rules jspears on DSK30JT082PROD with PROPOSALS established (criteria pollutants) and precursors to those criteria pollutants as determined by the EPA for the applicable geographic area; and (2) any additional pollutants that are required to be regulated under part C of title I of the CAA, but only for the purposes of meeting or avoiding the requirements of part C of title I of the CAA. We most recently approved revisions to Division 209 on October 11, 2017 (82 FR 47122). We found that Division 209 was consistent with the CAA and regulatory requirements for public notice of new source review actions in 40 CFR 51.161 Public availability of information, 40 CFR 51.165 Permit requirements, and 40 CFR 51.166 Prevention of significant deterioration of air quality. After reviewing the submitted changes, we find that Oregon’s public participation rules continue to meet the CAA and the EPA’s NSR public notice requirements. D. Division 216: Air Contaminant Discharge Permits Oregon’s Air Contaminant Discharge Permit (ACDP) program is both Oregon’s federally-enforceable non-title V state operating permit program, and the administrative mechanism used to implement the notice of construction and NSR programs. There are six types of ACDPs under Oregon’s rules: Construction, General, Short Term Activity, Basic, Simple, and Standard. In the submission, Oregon made changes to this division to use plain language, clarify requirements, and reference the new, state-only air toxics permitting program. Oregon also revised the applicability and jurisdiction section of this division to spell out that a source may not continue to operate if the source’s ACDP expires, or is terminated, denied, or revoked. In the ACDP application requirements section, Oregon made changes to require that sources seeking new or renewed permits consider the lead time the ODEQ needs to process and issue permits and apply earlier in the process. Oregon also set application renewal deadlines and clarified the required contents of applications. Certain SIP-approved rules in Division 216 are used to implement both the SIP-approved permitting programs and the new, state-only air toxics permitting program. In the submission, Oregon made clear that the State requested approval of the submitted changes to Division 216 for purposes of SIP permitting only.1 We 1 Oregon submitted ACDP permitting rule revisions only to the extent that the rules apply to (1) pollutants for which NAAQS have been VerDate Sep<11>2014 16:51 Jul 15, 2019 Jkt 247001 reviewed the submitted changes and find that the program remains consistent with section 110 of the CAA and EPA’s implementing regulations. E. Volume I: Source Sampling Manual The Oregon Source Sampling Manual contains procedures for measuring and sampling exhaust gas streams from stationary sources in accordance with the requirements of Oregon’s air quality rules in OAR Divisions 200 through 268. We most recently approved changes to the Source Sampling Manual on October 11, 2017 (82 FR 47122). Since then, Oregon updated Volume I of the manual to account for the new, state-only air toxics permitting program and made clarifications and corrections throughout the manual. For example, the State clarified that sources must notify the ODEQ of all source sampling projects, whether they are required by the State or not, if a source seeks to rely on the test as evidence in an enforcement case or to demonstrate compliance with non-delegated federal requirements. Oregon also made clear in the manual that complex source testing programs may require 45 days or more for protocol approval by the ODEQ. Oregon revised the sample replication section of Volume I to state that unless otherwise specified by permit, state rule, federal regulation, or ODEQ letter, each source test must consist of at least three test runs, and the emission results are required to be reported for each run individually and as the arithmetic average of all valid test runs. Oregon revised the sample postponement and stoppages section of Volume I to clarify that postposing a test run in progress because the source is not able to comply with a control equipment standard is not acceptable. Oregon specified that one bound copy of the source test report must be submitted within 30 days following field work, and an electronic version of the report may be submitted, in addition to the bound copy. We reviewed the submitted changes and find that Volume I of the Source Sampling Manual remains consistent with 40 CFR part 51, appendix M— Recommended Test Methods for State Implementation Plans and 40 CFR part 60, appendix A—Test Methods, and appendix B—Performance Specifications, for purposes of the emission limits and requirements approved into the SIP. established (criteria pollutants) and precursors to those criteria pollutants as determined by the EPA for the applicable geographic area; and (2) any additional pollutants that are required to be regulated under part C of title I of the CAA, but only for the purposes of meeting or avoiding the requirements of part C of title I of the CAA. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 33885 III. Proposed Action The EPA proposes to approve, and incorporate by reference into the Oregon SIP, the submitted changes to the following sections of the Oregon Administrative Rules (OAR) Chapter 340, state effective November 16, 2018: • Division 200 General Air Pollution Procedures and Definitions (0020, 0035); • Division 209 Public Participation (0020, 0030, 0040, 0050); and • Division 216 Air Contaminant Discharge Permits (0020, 0030, 0040, 0090, 8020).2 The EPA also proposes to approve, but not incorporate by reference, the submitted changes to the following sections, state effective November 16, 2018: • Division 12 Enforcement Procedure and Civil Penalties (0030, 0053, 0054, 0135, 0140), only to the extent the rules relate to enforcement of the requirements contained in the Oregon SIP; and • ODEQ Source Sampling Manual, Volume I, 2018 Edition, only for purposes of the emission limits and requirements approved into the SIP. IV. Oregon Notice Provision Oregon Revised Statute 468.126 prohibits the ODEQ from imposing a penalty for violation of an air, water or solid waste permit unless the source has been provided five days’ advanced written notice of the violation and has not come into compliance or submitted a compliance schedule within that fiveday period. By its terms, the statute does not apply to Oregon’s title V program or to any program if application of the notice provision would disqualify the program from federal delegation. Oregon has previously confirmed that, because application of the notice provision would preclude EPA approval of the Oregon SIP, no advance notice is required for violation of SIP requirements. V. Incorporation by Reference In this rule, the EPA is proposing to include, in a final rule, regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference 2 Divisions 200, 209, and 216 are proposed to be approved only to the extent the rules apply to (1) pollutants for which NAAQS have been established (criteria pollutants) and precursors to those criteria pollutants as determined by the EPA for the applicable geographic area; and (2) any additional pollutants that are required to be regulated under Part C of Title I of the CAA, but only for the purposes of meeting or avoiding the requirements of Part C of Title I of the CAA. E:\FR\FM\16JYP1.SGM 16JYP1 33886 Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Proposed Rules jspears on DSK30JT082PROD with PROPOSALS the provisions described in Section III. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided they meet the criteria of the CAA. Accordingly, this proposed action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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 it does not involve technical standards; and • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). VerDate Sep<11>2014 16:51 Jul 15, 2019 Jkt 247001 In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and record keeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 27, 2019. Chris Hladick, Regional Administrator, Region 10. [FR Doc. 2019–14989 Filed 7–15–19; 8:45 am] BILLING CODE 6560–50–P this proposed action, if finalized, would be to change the designation status of the Delaware and Lebanon Areas from nonattainment to attainment for the 2012 annual PM2.5 NAAQS, thereby removing the requirement for a nonattainment new source review (NNSR) permitting program and stopping the sanctions clock associated with a finding of failure to submit NNSR updates for the 2012 annual PM2.5 NAAQS. EPA is also proposing to approve PADEP’s plans to ensure that the Delaware and Lebanon Areas continue to meet the 2012 PM2.5 NAAQS through 2030 (maintenance plans) as revisions to the Pennsylvania SIP. The maintenance plans for the Delaware and Lebanon Areas include 2014, 2022, and 2030 motor vehicle emissions budgets (MVEBs) for mobile sources of PM2.5 and nitrogen oxides (NOX). Finally, EPA is proposing to find these 2014, 2022, and 2030 MVEBs for PM2.5 and NOX adequate and to approve these MVEBs into the Pennsylvania SIP for transportation conformity purposes. This action is being taken under the Clean Air Act (CAA). Written comments must be received on or before August 15, 2019. ENVIRONMENTAL PROTECTION AGENCY DATES: 40 CFR Parts 52 and 81 ADDRESSES: [EPA–R03–OAR–2019–0262; FRL–9996–73– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Requests and Maintenance Plans for Delaware County and Lebanon County 2012 Fine Particulate Matter Areas Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. On January 23, 2019 and February 11, 2019, respectively, the Pennsylvania Department of Environmental Protection (PADEP) submitted requests for EPA to redesignate to attainment of the 2012 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) the Delaware County and Lebanon County nonattainment areas (the Delaware and Lebanon Areas or the Areas). EPA is proposing to grant PADEP’s requests and to determine that the Delaware and Lebanon Areas meet the 2012 annual PM2.5 NAAQS, based on the most recent three years of certified air quality data. The effect of SUMMARY: PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 Submit your comments, identified by Docket ID No. EPA–R03– OAR–2019–0262 at https:// www.regulations.gov, or via email to spielberger.susan@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. E:\FR\FM\16JYP1.SGM 16JYP1

Agencies

[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Proposed Rules]
[Pages 33883-33886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14989]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0269, FRL-9996-58-Region 10]


Air Plan Approval; OR: 2018 Permitting Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
revisions to the Oregon State Implementation Plan (SIP) submitted on 
December 11, 2018. The revisions update the SIP to allow for electronic 
public notice of proposed major stationary source permits, add 
references to stationary source sampling requirements, make use of 
plain language, and correct errors. The EPA reviewed the submitted 
revisions and proposes to find they are consistent with Clean Air Act 
requirements.

DATES: Comments must be received on or before August 15, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0269, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not electronically submit any 
information you consider to be Confidential Business Information (CBI) 
or other information the disclosure of which is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to

[[Page 33884]]

make. The EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200 
Sixth Avenue--Suite 155, Seattle, WA 98101, at (206) 553-6357, or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, it means the EPA.

Table of Contents

I. Background
II. Evaluation of Submission
    A. Division 12: Enforcement Procedure and Civil Penalties
    B. Division 200: General Air Pollution Procedures and 
Definitions
    C. Division 209: Public Participation
    D. Division 216: Air Contaminant Discharge Permits
    E. Volume I: Source Sampling Manual
III. Proposed Action
IV. Oregon Notice Provision
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    Each state has a State Implementation Plan (SIP) containing the 
control measures and strategies used to attain and maintain the 
national ambient air quality standards (NAAQS) established by the EPA 
for the criteria pollutants (carbon monoxide, lead, nitrogen dioxide, 
ozone, particulate matter, sulfur dioxide). The SIP contains such 
elements as air pollution control regulations, emission inventories, 
attainment demonstrations, and enforcement mechanisms. Section 110 of 
the Clean Air Act (CAA) requires each state to periodically revise its 
SIP. As a result, the SIP is a living compilation of regulatory and 
non-regulatory elements that are updated to address federal 
requirements and changing air quality issues in the state.
    Air quality regulations for the State of Oregon (``Oregon'' or 
``the State'') are found in Chapter 340 of the Oregon Administrative 
Rules (OAR) and are generally implemented by the Oregon Department of 
Environmental Quality (ODEQ). On November 15, 2018, the State adopted 
new and revised air quality regulations that became effective November 
16, 2018. Most of the adopted regulations implement Oregon's new, 
state-only air toxics permitting program known as Cleaner Air Oregon, 
established in OAR Chapter 340, Division 245. The State did not submit 
the Division 245 Cleaner Air Oregon regulations for SIP approval. 
However, some of the regulations adopted in the state rulemaking 
package also make changes to rules in the federally-approved SIP. On 
December 11, 2018, Oregon submitted these SIP-related changes to the 
EPA for approval. The changes account for electronic public notice of 
proposed major source permits, add references to stationary source 
sampling requirements, make use of plain language, and correct errors. 
For more details, please see the December 11, 2018 submission in the 
docket for this action.

II. Evaluation of Submission

A. Division 12: Enforcement Procedure and Civil Penalties

    Division 12 contains enforcement procedures and civil penalties for 
violations of environmental regulations. In the submission, Oregon made 
minor edits to this division for clarity and to correct errors. For 
example, Oregon replaced the phrase ``pursuant to'' with ``under'' 
because the word has a plainer meaning. In addition, the State 
corrected references to the federally-defined term ``Best Available 
Control Technology.''
    We reviewed the submitted changes and propose to find that Division 
12 continues to provide the ODEQ with adequate authority to enforce the 
SIP as required by section 110 of the CAA and 40 CFR 51.230(b). 
Consistent with our prior action on October 23, 2015, we propose to 
approve the changes to this division only to the extent the provisions 
relate to enforcement of the requirements contained in the Oregon SIP 
(80 FR 64346). We are not proposing to incorporate the changes by 
reference into the Code of Federal Regulations (CFR), however, because 
the EPA relies on its independent enforcement procedures and penalty 
provisions in bringing enforcement actions and assessing penalties 
under the CAA.

B. Division 200: General Air Pollution Procedures and Definitions

    Division 200 contains general procedures and definitions used in 
the State's air quality program. In the submission, Oregon made minor 
changes to clarify rule language throughout the definitions section of 
this division. The State also revised the definition of ``continuous 
monitoring systems'' to reference the Oregon Continuous Monitoring 
Manual, adopted in OAR 340-200-0035. Likewise, the State clarified the 
definitions of ``source test'' and ``volatile organic compounds'' to 
reference the Oregon Source Sampling Manual, adopted in OAR 340-200-
0035. Oregon added a new definition for ``toxic air contaminant'' to 
account for the new, state-only air toxics permitting program, and made 
conforming changes to related definitions in Division 200. However, 
these revisions have limited impact on the federally-approved Oregon 
SIP because the revisions primarily relate to the new, state-only air 
toxics rules which are not part of the SIP and were not submitted to 
the EPA for approval.
    Division 200 also includes key reference materials used throughout 
Oregon air quality rules. The submission revises citation dates for 
these reference materials. First, all references to federal 
requirements in the CFR now refer to the July 1, 2018 version. Second, 
all references to the Oregon Source Sampling Manual now refer to the 
November 2018 edition (also submitted for approval into the SIP).
    We reviewed the submitted changes to Division 200 and propose to 
approve and incorporate them by reference into the Oregon SIP, except 
all references to ``toxic air contaminants'' and the state-only air 
toxics permitting program set forth in OAR Chapter 340, Division 245, 
because these provisions were not submitted to the EPA for approval. We 
note that the State's submitted update to reference the July 1, 2018 
CFR was approved by the EPA in a prior action. Please see our recent 
rulemaking entitled ``Air Plan Approval; OR: Infrastructure 
Requirements for the 2015 Ozone Standard'' published on June 6, 2019 
(84 FR 26347).

C. Division 209: Public Participation

    Division 209 contains rules to notify the public of certain permit 
actions and give the public an opportunity to participate in the 
permitting process. In the submission, Oregon removed the requirement 
to publish notice of draft major new source review (NSR) permits in the 
local newspaper and added the option to publish notice on a publicly-
accessible website, along with the draft permit. These changes are 
consistent with recent EPA rules published on October 18, 2016 and 
intended to modernize the process (81 FR 71613).
    Oregon also made updates to this division to address the new, 
state-only air toxics permitting program. However, Oregon submitted 
these public participation rule changes only to the extent the rules 
apply to (1) pollutants for which NAAQS have been

[[Page 33885]]

established (criteria pollutants) and precursors to those criteria 
pollutants as determined by the EPA for the applicable geographic area; 
and (2) any additional pollutants that are required to be regulated 
under part C of title I of the CAA, but only for the purposes of 
meeting or avoiding the requirements of part C of title I of the CAA.
    We most recently approved revisions to Division 209 on October 11, 
2017 (82 FR 47122). We found that Division 209 was consistent with the 
CAA and regulatory requirements for public notice of new source review 
actions in 40 CFR 51.161 Public availability of information, 40 CFR 
51.165 Permit requirements, and 40 CFR 51.166 Prevention of significant 
deterioration of air quality. After reviewing the submitted changes, we 
find that Oregon's public participation rules continue to meet the CAA 
and the EPA's NSR public notice requirements.

D. Division 216: Air Contaminant Discharge Permits

    Oregon's Air Contaminant Discharge Permit (ACDP) program is both 
Oregon's federally-enforceable non-title V state operating permit 
program, and the administrative mechanism used to implement the notice 
of construction and NSR programs. There are six types of ACDPs under 
Oregon's rules: Construction, General, Short Term Activity, Basic, 
Simple, and Standard. In the submission, Oregon made changes to this 
division to use plain language, clarify requirements, and reference the 
new, state-only air toxics permitting program. Oregon also revised the 
applicability and jurisdiction section of this division to spell out 
that a source may not continue to operate if the source's ACDP expires, 
or is terminated, denied, or revoked. In the ACDP application 
requirements section, Oregon made changes to require that sources 
seeking new or renewed permits consider the lead time the ODEQ needs to 
process and issue permits and apply earlier in the process. Oregon also 
set application renewal deadlines and clarified the required contents 
of applications.
    Certain SIP-approved rules in Division 216 are used to implement 
both the SIP-approved permitting programs and the new, state-only air 
toxics permitting program. In the submission, Oregon made clear that 
the State requested approval of the submitted changes to Division 216 
for purposes of SIP permitting only.\1\ We reviewed the submitted 
changes and find that the program remains consistent with section 110 
of the CAA and EPA's implementing regulations.
---------------------------------------------------------------------------

    \1\ Oregon submitted ACDP permitting rule revisions only to the 
extent that the rules apply to (1) pollutants for which NAAQS have 
been established (criteria pollutants) and precursors to those 
criteria pollutants as determined by the EPA for the applicable 
geographic area; and (2) any additional pollutants that are required 
to be regulated under part C of title I of the CAA, but only for the 
purposes of meeting or avoiding the requirements of part C of title 
I of the CAA.
---------------------------------------------------------------------------

E. Volume I: Source Sampling Manual

    The Oregon Source Sampling Manual contains procedures for measuring 
and sampling exhaust gas streams from stationary sources in accordance 
with the requirements of Oregon's air quality rules in OAR Divisions 
200 through 268. We most recently approved changes to the Source 
Sampling Manual on October 11, 2017 (82 FR 47122). Since then, Oregon 
updated Volume I of the manual to account for the new, state-only air 
toxics permitting program and made clarifications and corrections 
throughout the manual. For example, the State clarified that sources 
must notify the ODEQ of all source sampling projects, whether they are 
required by the State or not, if a source seeks to rely on the test as 
evidence in an enforcement case or to demonstrate compliance with non-
delegated federal requirements. Oregon also made clear in the manual 
that complex source testing programs may require 45 days or more for 
protocol approval by the ODEQ.
    Oregon revised the sample replication section of Volume I to state 
that unless otherwise specified by permit, state rule, federal 
regulation, or ODEQ letter, each source test must consist of at least 
three test runs, and the emission results are required to be reported 
for each run individually and as the arithmetic average of all valid 
test runs. Oregon revised the sample postponement and stoppages section 
of Volume I to clarify that postposing a test run in progress because 
the source is not able to comply with a control equipment standard is 
not acceptable. Oregon specified that one bound copy of the source test 
report must be submitted within 30 days following field work, and an 
electronic version of the report may be submitted, in addition to the 
bound copy.
    We reviewed the submitted changes and find that Volume I of the 
Source Sampling Manual remains consistent with 40 CFR part 51, appendix 
M--Recommended Test Methods for State Implementation Plans and 40 CFR 
part 60, appendix A--Test Methods, and appendix B--Performance 
Specifications, for purposes of the emission limits and requirements 
approved into the SIP.

III. Proposed Action

    The EPA proposes to approve, and incorporate by reference into the 
Oregon SIP, the submitted changes to the following sections of the 
Oregon Administrative Rules (OAR) Chapter 340, state effective November 
16, 2018:
     Division 200 General Air Pollution Procedures and 
Definitions (0020, 0035);
     Division 209 Public Participation (0020, 0030, 0040, 
0050); and
     Division 216 Air Contaminant Discharge Permits (0020, 
0030, 0040, 0090, 8020).\2\
---------------------------------------------------------------------------

    \2\ Divisions 200, 209, and 216 are proposed to be approved only 
to the extent the rules apply to (1) pollutants for which NAAQS have 
been established (criteria pollutants) and precursors to those 
criteria pollutants as determined by the EPA for the applicable 
geographic area; and (2) any additional pollutants that are required 
to be regulated under Part C of Title I of the CAA, but only for the 
purposes of meeting or avoiding the requirements of Part C of Title 
I of the CAA.
---------------------------------------------------------------------------

    The EPA also proposes to approve, but not incorporate by reference, 
the submitted changes to the following sections, state effective 
November 16, 2018:
     Division 12 Enforcement Procedure and Civil Penalties 
(0030, 0053, 0054, 0135, 0140), only to the extent the rules relate to 
enforcement of the requirements contained in the Oregon SIP; and
     ODEQ Source Sampling Manual, Volume I, 2018 Edition, only 
for purposes of the emission limits and requirements approved into the 
SIP.

IV. Oregon Notice Provision

    Oregon Revised Statute 468.126 prohibits the ODEQ from imposing a 
penalty for violation of an air, water or solid waste permit unless the 
source has been provided five days' advanced written notice of the 
violation and has not come into compliance or submitted a compliance 
schedule within that five-day period. By its terms, the statute does 
not apply to Oregon's title V program or to any program if application 
of the notice provision would disqualify the program from federal 
delegation. Oregon has previously confirmed that, because application 
of the notice provision would preclude EPA approval of the Oregon SIP, 
no advance notice is required for violation of SIP requirements.

V. Incorporation by Reference

    In this rule, the EPA is proposing to include, in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference

[[Page 33886]]

the provisions described in Section III. The EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided they meet the criteria of the CAA. Accordingly, this proposed 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 it does not involve technical standards; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and record keeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 27, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-14989 Filed 7-15-19; 8:45 am]
BILLING CODE 6560-50-P
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