Air Plan Approval; OR; Permitting Rule Revisions, 22363-22371 [2024-06807]
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5:00 p.m., Monday through Friday,
except for Federal holidays. An informal
docket may also be examined between
8:00 a.m. and 4:30 p.m., Monday
through Friday, except on federal
holidays at the office of the Eastern
Service Center, Federal Aviation
Administration, Room 350, 1701
Columbia Avenue, College Park, GA
30337.
Incorporation by Reference
Class E airspace designations are
published in Paragraph 6005 of FAA
Order JO 7400.11, Airspace
Designations and Reporting Points,
which is incorporated by reference in 14
CFR 71.1 annually. This document
proposes to amend the current version
of that order, FAA Order JO 7400.11H,
dated August 11, 2023, and effective
September 15, 2023. These updates will
be published in the next FAA Order JO
7400.11 update. That order is publicly
available as listed in the ADDRESSES
section of this document.
FAA Order JO 7400.11 lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
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The Proposal
The FAA proposes an amendment to
14 CFR part 71 to amend Class E
airspace extending from 700 feet above
the surface for Fayetteville Regional/
Grannis Field, Fayetteville, NC by
replacing reference to decommissioned
non-directional beacon (Pope NDB) with
reference to a co-located Point in Space,
removing reference to Simmons Very
High-Frequency Omnidirectional Range
(VOR), and updating the airports’
geographic coordinates to coincide with
FAA’s database and names (formerly
‘‘Fayetteville Regional/Grannis Field
Airport, NC’’ and ‘‘Pope AFB’’). This
action would not change the airspace
boundaries or operating requirements.
The Class E airspace description
formatting and punctuation would be
amended in accordance with the FAA
Order 7400.2.
Controlled airspace is necessary for
the area’s safety and management of
instrument flight rules (IFR) operations.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
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February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this proposed rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
radius to 18 miles northeast of the Point in
Space.
*
*
*
*
*
Issued in College Park, Georgia, on March
26, 2024.
Patrick Young,
Manager, Airspace & Procedures Team North,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2024–06787 Filed 3–29–24; 8:45 am]
BILLING CODE 4910–13–P
Environmental Review
This proposal will be subject to an
environmental analysis per FAA Order
1050.1F, ‘‘Environmental Impacts:
Policies and Procedures,’’ before any
final regulatory action by the FAA.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ASO NC E5 Fayetteville, NC [Amended]
Fayetteville Regional/Grannis Field, NC
(Lat. 34°59′28″ N, long. 78°52′49″ W)
Pope AAF
(Lat. 35°10′15″ N, long. 79°00′52″ W)
Point In Space
(Lat. 35°13′37″ N, long. 78°57′16″ W)
That airspace extending upward from 700
feet above the surface within a 10-mile radius
of Fayetteville Regional/Grannis Field within
a 10-mile radius of Pope AAF and 2.4 miles
each side a 085° bearing from a point in
space, lat 35°13′37″ N, long 78°57′16″ W,
extending from the Fayetteville and Pope 10mile radii to 7 miles east of said point; and
within 8 miles northwest and 4 miles
southeast of the Pope AAF ILS localizer
northeast course, extending from the 10-mile
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40 CFR Part 52
[EPA–R10–OAR–2023–0438, FRL–11366–
01–R10]
Air Plan Approval; OR; Permitting Rule
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
§ 71.1
ENVIRONMENTAL PROTECTION
AGENCY
The Environmental Protection
Agency (EPA) proposes to approve
revisions to the Oregon State
Implementation Plan (SIP) submitted on
March 27, 2023. The submitted changes
are designed to strengthen the stationary
source permitting rules by eliminating
generic plant site emission limits in
favor of source-specific and sourcecategory specific limits, updating
construction notification requirements,
clarifying the use of modeling and
monitoring for compliance assurance,
and streamlining the application
process.
DATES: Comments must be received on
or before May 1, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2023–0438, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from https://
www.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 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
SUMMARY:
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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’’ or ‘‘our’’ is used, it means the
EPA.
Table of Contents
I. Background
A. State Implementation Plan
B. State Submission
II. Evaluation
A. Division 200—General Air Pollution
Procedures and Definitions
B. Division 208—Visible Emissions and
Nuisance Requirements
C. Division 209—Public Participation
D. Division 210—Stationary Source
Notification Requirements
E. Division 216—Air Contaminant
Discharge Permits
F. Division 222—Stationary Source Plant
Site Emission Limits
G. Division 224—New Source Review
H. Division 225—Air Quality Analysis
Requirements
I. Division 226—General Emission
Standards
J. Division 228—Requirements for Fuel
Burning Equipment
K. Division 232—Emission Standards for
VOC Point Sources
L. Division 234—Emission Standards for
Wood Products Industries
M. Division 21—General Emission
Standards for Particulate Matter
III. Proposed Action
A. Rule Sections To Be Incorporated by
Reference
B. Rule Sections To Be Removed From
Incorporation by Reference
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
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I. Background
A. State Implementation Plan
The Clean Air Act requires the EPA to
establish national ambient air quality
standards (NAAQS) for carbon
monoxide, lead, nitrogen dioxide,
ozone, particulate matter, and sulfur
dioxide.1 Each state has a State
Implementation Plan (SIP) designed to
meet the NAAQS through various air
pollution regulations, control measures
and strategies. A SIP contains elements
such as emission limits, pollution
control technology requirements,
permitting programs, and enforcement
1 See
Clean Air Act section 109.
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mechanisms, among other elements.
Each state revises its SIP over time to
respond to new Federal requirements
and to address changing air quality
conditions.
States submit SIP revisions to the EPA
for review and approval.2 The EPA takes
action through notice and comment
rulemaking to approve and incorporate
submitted state air quality regulations
by reference into the SIP, codified in the
Code of Federal Regulations (CFR). As
part of the SIP, state regulations are
enforceable by the EPA and by citizens
in Federal district court.3
B. State Submission
On March 27, 2023, the Oregon
Department of Environmental Quality
(DEQ) submitted a SIP revision to the
EPA for approval into the Oregon SIP,
codified at 40 CFR part 52, subpart MM.
The submitted changes, State effective
March 1, 2023, update the stationary
source permitting programs established
in chapter 340 of the Oregon
Administrative Rules (OAR). The
Oregon Department of Environmental
Quality (Oregon DEQ) is the permitting
authority throughout the State, except
where Lane Regional Air Protection
Agency has been authorized to permit
sources located in Lane County, Oregon.
II. Evaluation
The following sections of this
preamble describe the significant
changes made to the Oregon air
permitting regulations and evaluate the
changes with respect to Clean Air Act
requirements.4
A. Division 200—General Air Pollution
Procedures and Definitions
Oregon clarified and updated several
centralized definitions which are used
throughout the Oregon air quality
regulations.5 The State updated the
definition of ‘‘air contaminant’’ to
clearly exclude uncombined water.6
This update is appropriate because: (1)
uncombined water is not a criteria
pollutant or otherwise regulated air
pollutant under the Clean Air Act; and
(2) uncombined water is not included
when measuring particulate matter
emissions, consistent with the EPA’s
2 See
Clean Air Act section 110.
Clean Air Act section 304.
4 We note that we have not described minor
wording changes and clarifications that do not alter
the meaning of the rules. We also note that we
intend to address the submitted changes to Division
214, related to stationary source reporting
requirements, in a separate action.
5 See OAR 340–200–0020 General Air Quality
Definitions.
6 Uncombined water means droplets of water that
have not combined with hygroscopic particles or do
not contain dissolved solids.
3 See
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definition at 40 CFR 51.100(pp). Oregon
also made clear that the definition of
‘‘construction’’ includes the
replacement of a source and that the
definition of ‘‘emission limit’’ includes
a permit condition or order. These
changes are appropriate because they
strengthen and clarify the SIP.
The State also made minor updates to
certain terms; for example, Oregon
clarified that all fluorinated greenhouse
gases, as defined in 40 CFR part 98, are
included in the State’s definition of
‘‘greenhouse gas.’’ Oregon updated the
definition of ‘‘major source’’ to ensure
that all uses of the term throughout the
air quality rules point to the
corresponding definition based on the
applicable permitting program (the
Clean Air Act defines the term ‘‘major
source’’ differently based on area
designation, type of pollutant, etc.). In
addition, the State clarified the correct
definition of ‘‘particulate matter’’ to be
used in regulating visible emissions.
Oregon also updated the definition of
‘‘significant emission rate’’ to point to
the EPA test method used to measure
inorganic fluoride compounds and
updated the definition of ‘‘VOC’’ to
align with the Federal definition in 40
CFR 51.100(s). We propose to approve
these clarifying updates.
Oregon revised the definition of
‘‘significant impact level’’ to remove the
levels established for the coarse
particulate matter (PM10) annual
standard. This change is consistent with
the EPA’s revocation of the PM10 annual
standard on October 17, 2006 (71 FR
61144). Finally, Oregon struck the
definition of ‘‘generic plant site
emission limit’’ because the State has
repealed the permitting regulations in
which the term is used. For further
discussion, please see section II.G. of
this preamble. We propose to approve
the removal of these obsolete terms and
definitions.
B. Division 208—Visible Emissions and
Nuisance Requirements
Oregon updated the visible emission
regulations in Division 208 in several
ways. Oregon spelled out that the
visible emission limits in OAR 340–
208–0110 do not apply to recovery
furnaces that are subject to the separate
standards for wood products industries
established in Division 234. In the same
rule section, the State removed text that
historically served to phase in tighter,
20 percent opacity limits. The limits are
now widely applicable. In addition,
Oregon clarified that, in and around the
Portland area, industrial fuel burning
equipment that fires wood residue is
limited to no more than 0.10 grains per
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standard cubic foot of exhaust.7 We
propose to approve the submitted
changes because they clarify how and
where visible emission limits apply
without relaxing the requirements.
C. Division 209—Public Participation
In the submission, the State updated
the centralized public participation
requirements in Division 209. Oregon
revised OAR 340–209–0080 to spell out
the timeline and actions required for an
owner or operator to appeal a permit
decision, specifically adding text stating
that an issued permit is effective on the
date of signature, unless the applicant
requests a hearing to contest the permit
within 20 days of the notification date.
In addition, Oregon made clear that a
permit denial is effective 60 days from
the notification date unless the
applicant requests a hearing within that
timeframe. We propose to approve the
changes because they make the permit
appeal process transparent to applicants
and the public.
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D. Division 210—Stationary Source
Notification Requirements
In the submission, Oregon made
changes to the registration requirements
in Division 210. The current SIP
requires that any air contaminant source
that is not otherwise required to obtain
an air contaminant discharge permit
under Division 216, or title V operating
permit under Division 218, must register
with the permitting authority upon
request. The State updated the general
registration provisions in OAR 340–
210–0100 to make clear to owners and
operators of subject sources that
appropriate record-keeping is required
and that failure to pay fees may be cause
to terminate registration.8 We propose to
approve the submitted changes because
they clarify what is required to maintain
source registration and therefore
strengthen the SIP.
In the submission, the State also made
changes to the notice of construction
provisions in Division 210. An owner or
operator of a proposed new source that
will emit any regulated air pollutant,
and that is not otherwise required to
obtain an air contaminant discharge
permit under Division 216 or a title V
permit under Division 218, must notify
the permitting authority, consistent with
7 If installed, constructed or last modified after
June 1, 1970. Such equipment installed before that
date is limited to 0.20 grains per standard cubic
foot.
8 Registered sources include sources such as
motor vehicle surface coating operations, dry
cleaners using perchloroethylene, and other types
of smaller sources. Registering such sources helps
the Oregon DEQ inventory statewide emissions,
provide technical assistance, and communicate
with owners and operators.
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Division 210. In addition, an owner or
operator seeking to modify an existing
source must notify the permitting
authority if the modification would
increase regulated air pollutant
emissions, replace an emissions device,
or modify or replace an air pollution
control device. We note that such a
modifying source may or may not have
an existing air contaminant discharge
permit or title V permit.
In the submission, Oregon revised the
applicability requirements in OAR 340–
210–0205 to make clear that owners or
operators must notify the permitting
authority using the appropriate
application materials before undertaking
any of the covered activities in Division
210. We propose to approve the changes
as strengthening the SIP.
The State also added language to OAR
340–210–0225 to clarify which kinds of
changes fall under each notification
type prescribed in the Division 210
rules (Types 1, 2, 3 and 4), in addition
to the associated requirements for
owners and operators under each type.
Type 1 changes generally consist of
construction and modification for which
an owner or operator is not required to
obtain an air contaminant discharge
permit or permit modification under
Division 216, and where the changes
would not increase emissions in a
significant way, would not increase
emissions above an existing plant site
emission limit (PSEL), and would not be
used to establish a federally enforceable
limit on potential to emit.9 A
construction or modification may also
be a Type 1 change if it is one of a list
of equipment, units, or activities that are
expected to result in little to no change
in emissions.10 Type 2 changes include
construction or modification for which
the owner or operator is not required to
obtain an air contaminant discharge
permit or permit modification under
Division 216, and where the
9 More specifically, the construction or
modification would: have emissions from any new,
modified, or replaced device or activity, or any
combination of devices or activities, of less than or
equal to the de minimis levels defined in OAR 340–
200–0020; not result in an increase of emissions
from the source above any PSEL; not result in an
increase of emissions from the source above the
netting basis by more than or equal to the SER; not
be used to establish a federally enforceable limit on
the potential to emit; and not require a technically
achievable control technology determination under
OAR 340–226–0130 or a maximum achievable
control technology determination under OAR 340–
244–0200.
10 Activities that are expected to result in little or
no change in emissions include, for example:
vacuum pumps; hand-held sanding equipment;
Lithographic printing equipment which uses laser
printing; concrete application and installation;
among numerous other activities. See submitted
changes to OAR 340–210–0225 in the submission
in the docket for this action.
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construction or modification would not
cause or increase emissions above
certain regulatory thresholds, such as
the significant emission rate.11 Type 3
changes include construction or
modification where the construction or
modification would cause or increase
emissions above certain regulatory
thresholds, such as the significant
emission rate.12 Finally, Type 4 changes
include construction or modification
that is subject to new source review
(NSR) requirements governed by
Division 224. We propose to approve
the changes because they are designed
to ensure that construction activities
receive the proper review by the
permitting authority.
Oregon also revised the application
requirements in OAR 340–210–0230 to
specify what should be in a notice of
construction application and to require
that applicants must generally use the
State-provided online electronic forms.
In addition, applications must include
information on production, throughput,
material usage, and emissions with
supporting calculations. Any person
proposing a Type 2 or Type 3 change for
a new or replaced device or activity
must also submit an air quality analysis,
for any pollutants that are emitted above
the de minimis emission level,
demonstrating that the emissions from
the individual device or activity,
including reductions due to air
pollution control devices or permitted
limits on production capacity, will not
11 Specifically, construction or modification that
would have emissions from any new, modified, or
replaced device or activity, or any combination of
devices or activities, of less than the significant
emission rate (SER) defined in OAR 340–200–0020;
not result in an increase of emissions from the
source above any plant site emission limit (PSEL);
not result in an increase of emissions from the
source above the netting basis by more than or
equal to the SER; not be used to establish a federally
enforceable limit on the potential to emit; be used
to establish a State-only enforceable limit on the
potential to emit; not require a technically
achievable control technology (TACT)
determination under OAR 340–226–0130 or a
maximum achievable control technology (MACT)
determination under OAR 340–244–0200; and not
cause or contribute to a new exceedance of the
NAAQS for a new or replaced device or activity.
12 Specifically, construction or modification that
would result in emissions from any new, modified,
or replaced device or activity, or any combination
of devices or activities, of more than or equal to the
SER defined in OAR 340–200–0020; result in an
increase of emissions from the source above any
PSEL before applying unassigned emissions or
emissions reduction credits available to the source
but less than the SER after applying unassigned
emissions or emissions reduction credits available
to the source; be used to establish a federally
enforceable limit on the potential to emit; require
a TACT determination under OAR 340–226–0130 or
a MACT determination under 340–244–0200; or not
cause or contribute to a new exceedance of a
National Ambient Air Quality Standard adopted
under OAR chapter 340, division 202 for a new or
replaced device or activity.
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cause or contribute to a new exceedance
of the NAAQS. We propose to approve
these revisions as strengthening the SIP
because they require an air quality
analysis to demonstrate the NAAQS are
protected when Type 2 and Type 3
construction and modification activities
are planned at a source.
The State revised the construction
approval conditions in OAR 340–210–
0240 to clarify when and how an
applicant may proceed with
construction or modification. For a Type
1 change, an owner or operator may
proceed with construction immediately
after notifying the permitting authority,
unless the owner or operator requests
confirmation. For a Type 2 change, an
owner or operator may construct or
modify 60 calendar days after the
permitting authority receives the
complete notice application and fees, or
on the date that the permitting authority
approves the application in writing,
whichever is sooner, unless the
permitting authority determines that the
activity does not qualify as a Type 2
change. When planning a Type 3 or
Type 4 change, an owner or operator
must obtain the appropriate air
contaminant discharge permit prior to
proceeding with construction or
modification. Upon approval, an owner
or operator must commence
construction or modification within 18
months. Approval terminates if not
commenced within 18 months, except
that a source may request one 18 month
extension of the deadline. Oregon also
spelled out that any construction or
modification must happen according to
the plans and specifications reviewed
and approved by the permitting
authority. Finally, Oregon revised OAR
340–210–0250 to clarify which types of
permits must be obtained for Type 3 and
4 changes. We propose to approve the
changes because they clarify the
construction approval requirements and
require owners and operators to
construct according to approved plans.
E. Division 216—Air Contaminant
Discharge Permits
As part of the submission, the State
revised the air contaminant discharge
permit (ACDP) requirements in Division
216 to ensure proper permitting and
NAAQS compliance. First, Oregon
updated the general applicability
provisions in OAR 340–216–0020 to
make clear that the owner or operator of
a source must construct and operate the
permitted facility in accordance with
previously-approved plans and
specifications. Second, the State revised
OAR 340–216–0025 to add clarifying
language about the permitting
authority’s ability to reassign a source to
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a different permit type. Specifically,
Oregon added language stating that,
notwithstanding the other eligibility
requirements already established in the
State regulations for the different types
of ACDPs, the permitting authority may
change the specific permit type to be
issued to a source based on several
additional factors including the
compliance history of the facility’s
corporate officers, parent company,
subsidiaries, and other related people
and entities. We propose to approve
these changes because they are designed
to enhance State oversight of stationary
source construction and operation.
Permit Application Procedures
Oregon made changes to the permit
application procedures in OAR 340–
216–0040 to require additional
application materials when a source
applies for a new, renewed, or modified
permit. These materials were added to
help ensure that subject sources will not
cause or contribute to a new exceedance
of the NAAQS, including the short-term
NAAQS promulgated by the EPA in
2010 for SO2 and NO2.
When requesting a new ACDP—
except a new short-term activity
permit—in addition to what was already
required in the application, each source
must also provide:
• The make, model, and
identification number associated with
activities and devices used at the
source, if available;
• The specific exhaust parameters for
devices used at the source;
• The most recent information
reported to the EPA’s toxics release
inventory (TRI) for that specific source,
if that source is subject to the TRI
program;
• An air quality impact analysis
conducted in accordance with Division
225 demonstrating that the source’s
emissions will not cause or contribute to
a new exceedance of any NAAQS;
• The anticipated date of
commencement of construction; and
• The anticipated date of construction
completion.
When requesting to renew an ACDP
permit, in addition to the alreadyrequired materials, each source must
also submit:
• All information required for a new
ACDP if that information has changed
since the last permit renewal or
issuance;
• A complete list of all devices and
activities at the source;
• An estimate of the amount and type
of each air contaminant emitted by the
source; and
• All changes to the source since the
last permit issuance and all
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requirements applicable to those
changes; and
• When required by the permitting
authority, an air quality analysis
conducted in accordance with Division
225 demonstrating that the source’s
emissions will not cause or contribute to
a new exceedance of a NAAQS.
For requests to modify an ACDP
permit, in addition to the alreadyrequired materials, each source must
also submit:
• When required by the permitting
authority, an air quality analysis
conducted in accordance with Division
225 demonstrating that the source’s
emissions will not cause or contribute to
a new exceedance of a NAAQS.
For all permit applications, if
additional information is needed to
complete the permit application, the
permitting authority will send a written
request to the applicant and require the
information be submitted within 60
days. Applicants may request a good
cause extension. We propose to approve
the changes to the permit application
procedures because they are designed to
provide the permitting authority with
the specific information needed to issue
a permit that protects ambient air
quality, including the short-term
NAAQS.
Short-Term Activity Permits
With respect to short-term activity
ACDPs, the State revised OAR 340–216–
0054 to make clear that a short-term
permit is only available for activities
that either do not require a title V
operating permit, that are unexpected or
emergencies, or that involve a pilot
plant or exploratory emissions unit. The
State also added several application
requirements, including, if required by
the permitting authority, an air quality
impact analysis demonstrating that the
source’s emissions will not cause or
contribute to a new exceedance of the
NAAQS. The State added that a shortterm activity permit automatically
terminates after 60 days. A source may
request one 60-day extension, but no
more. If a short-term activity permit is
issued to an already-permitted source,
that source must include the emissions
from the short-term activity when
determining compliance with applicable
plant site emission limits. We propose
to approve these revisions because they
are intended to prevent covered
activities from causing or contributing
to a new NAAQS exceedance.
General Permits
As specified in Division 216, general
ACDPs are established by the permitting
authority for specific source categories
when there are multiple sources with
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the same, or substantially similar, types
of operations. The general permit
provisions indicate that such a permit is
appropriate when all requirements
applicable to a covered operation may
be included in the general permit, the
emission limitations, monitoring,
recordkeeping and reporting are the
same for all operations covered by the
general permit, and the regulated
pollutants emitted are of the same type
for all covered operations. Examples
include rock crushers and asphalt
plants. For such general permits, the
State added procedures to OAR 340–
216–0060 spelling out how a person
may petition to add a new category to
the list of source categories covered by
general permits. We propose to approve
the revisions to OAR 340–216–0060.
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Simple and Standard Permits
Simple ACDPs, described in OAR
340–216–0064, generally limit a
source’s emissions to less than the
significant emission rate (SER) for each
pollutant. Oregon updated these
requirements to ensure that emissions
from a source permitted under a simple
permit will not cause or contribute to a
new exceedance of a NAAQS. In
particular, the revisions require that a
simple permit include each physical or
operational limit required to ensure all
devices and activities at a source are
controlled, or a requirement to conduct
ambient monitoring to ensure
compliance with the NAAQS. Oregon
also extended the simple permit term
from 5 years to 10 years. For standard
permits in OAR 340–216–0066, Oregon
made similar changes, except that the
permit term for standard permits will
generally remain at 5 years, except
when issued to meet major new source
review (NSR), in which case the permit
will have no expiration date. We
propose to approve these changes as
consistent with the EPA’s NSR
regulations at 40 CFR 51.161 through
166. For further discussion, see section
II.G. of this preamble.
Permit Termination and DepartmentInitiated Permit Modifications
Oregon revised the rules addressing
termination of permits in OAR 340–
216–0082 to make clear that a source
may not operate after an air contaminant
discharge permit has been terminated.
However, when a construction approval
permit is terminated for failure to
commence or complete construction
within required timeframes, a source
may request an extension for good cause
and a terminated permit may be
reinstated by the permitting authority if
the source submits a complete renewal
application within 30 days of
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termination and pays all applicable fees.
Oregon also revised OAR 340–216–0884
to make clear that department-initiated
modifications are issued by the
permitting authority following the
regulatory procedures for each type of
permit, including the appropriate public
participation process spelled out in
Division 209. We propose to approve
the changes because they clarify the
public process for department-initiated
modifications and spell out the permit
termination procedures.
Permit Fees
In the submission, Oregon requested
to remove a table of permit fees from the
SIP (Table 2 to OAR 340–216–8020).
This table includes the specific dollar
amounts charged for various types of
permit actions and is revised over time
by the State for inflation and needed
revenue adjustments. We propose to
approve Oregon’s request to remove the
fee table from the SIP because the
overall requirement for sources to pay
pre-construction permit fees at OAR
340–216–8020(1) will remain in the SIP,
consistent with the requirements of
Clean Air Act section 110(a)(2)(L).13
F. Division 222—Stationary Source
Plant Site Emission Limits
Plant site emission limits (PSELs) are
included in most Oregon air
contaminant discharge permits and title
V operating permits as a means of
regulating plantwide increases and
decreases in air emissions. Historically,
PSELs were established by the Oregon
DEQ at either source-specific levels or
standardized ‘‘generic’’ levels for each
pollutant. Generic PSELs were defined
in the Oregon air regulations as annual
limits set at one (1) ton less than the
significant emission rate (SER) for each
pollutant. In practice, a source with
capacity less than the SER for a
pollutant would often be assigned a
generic PSEL in a permit. However,
many such sources had actual emissions
lower than the generic PSEL. This
system was devised in 2001 as a permit
streamlining practice that allowed
owners or operators to increase
emissions up to the generic PSEL
without requiring a permit modification,
if there were no physical modifications
to the source. Oregon has since
determined that the use of generic
PSELs is no longer an appropriate
permitting tool. In the submission, the
State eliminated generic PSELs in favor
of PSELs specific to an individual
source or source category. The changes
are described in the following
paragraphs.
13 OAR–340–214–0820(a).
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Oregon clarified in the general
requirements for establishing PSELs at
OAR 340–222–0035 that such limits
must include aggregate insignificant
activities, if applicable, because
aggregate insignificant activities must be
considered when determining new
source review applicability under
Division 224. We propose to approve
this clarification because it is intended
to make sure that sources are
appropriately brought into the new
source review permitting program for
review.
The State repealed the generic PSEL
option at OAR 340–222–0040 and all
references to generic PSELs in Division
222. Oregon then revised the annual
PSEL provisions in OAR 340–222–0041
to account for the repeal of the generic
PSEL option and to further clarify how
the permitting authority will establish
all types of annual PSELs. Specifically,
for a general ACDP, the permitting
authority may establish a general PSEL
for a pollutant based on the
corresponding source category’s
maximum potential to emit that
pollutant.14 For each source subject to a
simple ACDP, a source-specific PSEL is
established for each regulated pollutant
based on the facility’s potential to emit.
In addition, for each source subject to a
standard ACDP, the permitting authority
will establish a source-specific PSEL for
each regulated pollutant based on the
facility’s potential to emit, netting basis,
or a level requested by the applicant,
whichever is less. This approach is
designed to yield permits that more
accurately reflect actual emissions and
to ensure the permitting authority has
the opportunity to require and review
14 Revised OAR 340–222–0041(1) states ‘‘For
sources subject to a General ACDP or a General
Oregon Title V Operating Permit, a PSEL may be set
based on the potential to emit of the largest emitting
source in that source category for all sources on that
permit type in the State. PSELs will be set for all
regulated pollutants emitted at more than the de
minimis emission level.’’ The EPA interprets this to
mean that the PSEL may be set based on the
potential to emit of the largest emitting source in
the source category for which the permitting
authority issued the General ACDP. For example,
the Oregon DEQ has issued a General ACDP for
portable and stationary rock crushers, screens, and
associated material handling activities (SIC 1442):
Permit Number AQGP–008 (available at https://
www.oregon.gov/deq/FilterPermitsDocs/AQGP008.pdf). Revised OAR 340–222–0041(1) permits
the Oregon DEQ to set the PSELs for sources eligible
under this General ACDP to the potential to emit
of the largest emitting portable and stationary rock
crusher, screening, and material handling source
that holds a current General ACDP under AQGP–
008 in Oregon. The EPA further understands that
a source with the potential to emit equal to or
greater than the significant emission rate (SER) for
a pollutant is subject to a standard ACDP and
therefore any PSEL revisions for sources subject to
General ACDPs will always be lower than prior
Generic PSELs.
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air quality modeling for compliance
with the short-term NAAQS.
Finally, Oregon clarified that an
increase in the PSEL for PM10 or PM2.5
is subject to air quality analysis
requirements but an increase in total
particulate matter is not, as described in
section II.H. of this preamble. In
reviewing the repeal of generic PSELs
and the changes to Division 222, we
propose to approve the changes
described as well as other changes
Oregon made to the PSEL rules because
they clarify and strengthen the SIP.
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G. Division 224—New Source Review
Oregon revised the new source review
(NSR) requirements in Division 224 to
remove the expiration dates from NSR
permits. The State made this change
because the permitting authority must
reissue an expired NSR permit in order
to change NSR permit conditions. For
certain sources subject to both NSR and
title V, NSR permits must be
incorporated into title V operating
permits and this change to remove
expiration dates is intended to eliminate
the need for the source to reapply for
the same permit and for the permitting
authority to reissue the permit. We
propose to approve the removal of NSR
permit expiration dates because the
EPA’s NSR regulations at 40 CFR 51.161
through 166 do not mandate NSR
permits expire after a specific duration
and removal of the expiration dates does
not affect the stringency of the SIP.
H. Division 225—Air Quality Analysis
Requirements
Certain sources seeking permits in
Oregon are subject to the air quality
analysis requirements in Division 225.
In the submission, the State added
language to the procedural requirements
in OAR 340–225–0030. Significant
increases in total particulate matter
emissions 15 do not require an air
quality impact analysis for comparison
to significant impact levels, PSD
increments, and ambient air quality
standards. However, if applicable, the
Oregon DEQ may require an owner or
operator to speciate particulate matter
and conduct an air quality analysis for
PM10 and PM2.5. We propose to approve
this clarification because it is
appropriate to focus air quality analyses
on PM2.5 and PM10 for comparison to the
PM10 and PM2.5 NAAQS.
Oregon also corrected the rule
language addressing analyses to
determine compliance with the NAAQS,
PSD increments, visibility and other
requirements in OAR 340–225–0050
15 Significant
in this context means equal to or
greater than the SER.
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and OAR 340–225–0070 to consistently
refer to a ‘‘proposed source or
modification.’’ We propose to approve
the changes because they correct
inadvertent errors from a prior State
rulemaking.
I. Division 226—General Emission
Standards
The State revised the general emission
standards for highest and best
practicable treatment and control in
Division 226. Specifically, Oregon
revised OAR 340–226–0010 to state that
the Oregon DEQ may establish permit
conditions to prevent the degradation of
air quality. Oregon added language to
OAR 340–226–0140 to make clear that
any air quality analysis must be
conducted in accordance with the
procedures in Division 225. The
revisions also included changes to the
same rule section clarifying that for
existing sources, the permitting
authority may conduct monitoring or
modeling (or may require the source to
conduct monitoring or modeling) to
determine whether the source’s
emissions will cause or contribute to a
new exceedance of an ambient air
quality standard. In addition, OAR 340–
226–0240 historically phased in tighter
grain loading standards to limit
particulate matter emissions from
sources other than fuel and refuse
burning.16 The tighter limits are now in
effect and the State has removed the
obsolete phase-in language. We propose
to approve the changes because they are
designed to improve permit program
implementation and protect the
NAAQS.
J. Division 228—Requirements for Fuel
Burning Equipment
Oregon made similar changes to the
fuel burning equipment requirements in
Division 228 to remove obsolete
language that historically phased in
tighter emission limits. We propose to
approve these housekeeping changes.
K. Division 232—Emission Standards
for VOC Point Sources
Oregon revised the non-categorical
emission standards at OAR 340–232–
0040 to clarify that certain large VOC
sources with no categorical Reasonably
Available Control Technology (RACT)
requirements are subject to case-by-case
RACT determination by the Oregon
DEQ. If a source is located in the
Portland-Vancouver or Salem-Keizer
areas 17 and has the potential to emit
over 100 tons per year of VOC from
16 Fuel and refuse burning are regulated in
Divisions 228 and 230, respectively.
17 See OAR 340–232–0020.
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aggregated, non-regulated emissions
units based on the design capacity or
maximum production or throughput
capacity of the source operating 8,760
hours per year without the use of
control devices or limits on hours of
operation, it is subject to case-by-case
RACT. A source that has complied with
the NSR requirements in Division 224
and is subject to Best Available Control
Technology (BACT) or Lowest
Achievable Emission Rate (LAER)
requirements is presumed to have met
the Division 232 RACT requirements. In
addition, a source may request relief
from RACT by demonstrating to the
Oregon DEQ that the aggregated, nonregulated emissions units are unable to
emit more than 100 tons per year of
VOC, based on the design capacity or
maximum production or throughput
capacity of the source operating 8,760
hours per year without the use of
control devices. We propose to approve
the changes because they make clear
that a VOC PSEL is not sufficient to
avoid this non-categorical RACT
requirement.
The State also revised the surface
coating in manufacturing requirements
at OAR 340–232–0160 to clarify that
surface coating operations not
specifically listed in the rule are subject
to OAR 340–232–0040. But the
requirements do not apply to certain
very small VOC sources.18 We propose
to approve these minor changes.
L. Division 234—Emission Standards for
Wood Products Industries
Oregon revised the emission
standards for kraft pulp mills to clarify
that sources subject to the particulate
emission standards in Division 234 are
not also subject to the grain loading
standards in Divisions 226 and 228 and
the opacity limits in Division 208. We
propose to approve this clarification.
M. Division 21—General Emission
Standards for Particulate Matter
The Oregon SIP contains certain
expired rules that historically addressed
industrial contingency requirements for
selected PM10 nonattainment areas in
Oregon (OAR 340–021–0200 through
0245). In the submission, Oregon
requested to remove the rule sections
from the SIP because they have expired
and are no longer in effect as a matter
of State law. The expired rule sections
18 Specifically, sources whose VOC potential to
emit before add on controls from activities
identified in section (5) is less than 10 tons per
year; sources with VOC actual emissions before add
on controls from activities identified in section (5)
are less than 3 pounds per hour; sources with VOC
actual emissions before add on controls from
activities identified in section (5) are less than 15
pounds per day. See OAR 340–232–0160.
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applied only to coarse particulate (PM10)
nonattainment areas that failed to attain
the 1987 PM10 NAAQS by the
applicable attainment date of December
31, 1994.19 There are no areas in which
these rules apply because all PM10
nonattainment areas in Oregon have
attained the PM10 standard and have
been redesignated to attainment.20 We
propose to approve the State’s request to
remove the Division 21 rules from the
SIP because the rules are expired, apply
nowhere in Oregon, were repealed by
the State in 1998, no longer exist as a
matter of State law, and as such,
removal will not interfere with any
applicable requirements concerning
attainment and reasonable further
progress, or any other applicable
requirement of this chapter.
III. Proposed Action
The EPA is proposing to approve
revisions to the Oregon SIP submitted
on March 27, 2023.21 The following
paragraphs detail our proposed
incorporations by reference.
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A. Rule Sections To Be Incorporated by
Reference
The EPA is proposing to incorporate
specific Oregon administrative rule
sections by reference. Upon final action,
the regulatory portion of the Oregon SIP,
at 40 CFR 52.1970(c), will include the
following provisions, State effective
March 1, 2023:
• OAR 340–200–0020 General Air
Quality Definitions (defining terms used
in the Oregon air quality regulations);
• OAR 340–200–0025 Abbreviations
and Acronyms (defining abbreviations
and acronyms used in the Oregon air
quality regulations);
• OAR 340–200–0035 Reference
Materials (specifying the title and
version of each reference material used
in the Oregon air quality regulations);
• OAR 340–204–0300 Designation
of Sustainment Areas 22 (identifying the
areas in Oregon designated as sustaining
the relevant air quality standard);
• OAR 340–204–0310 Designation
of Reattainment Areas 23 (identifying the
19 See 57 FR 13498, April 16, 1992, at page 13537.
The applicable attainment date for PM10
nonattainment areas classified as ‘‘moderate’’ was
December 31, 1994. All designated PM10 areas in
Oregon were classified as moderate.
20 See Oregon area designations codified at 40
CFR 81.338.
21 We note that we have not described minor
wording changes and clarifications that do not alter
the meaning of the rules. We also note that we
intend to address the submitted changes to Division
214, related to stationary source reporting
requirements, in a separate action.
22 Oregon revised the regulatory note only, not the
regulatory text.
23 Oregon revised the regulatory note only, not the
regulatory text.
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areas in Oregon designated as
reattaining the relevant air quality
standard);
• OAR 340–206–0010 Introduction
(establishing significant harm levels for
pollutants in areas based on priority
level);
• OAR 340–208–0110 Visible Air
Contaminant Limitations (establishing
limits and test methods for visible
emissions);
• OAR 340–209–0080 Issuance or
Denial of a Permit (specifying
procedures for issuing and denying
permits, including how to request a
hearing to contest a permit decision);
• OAR 340–210–0100 Registration
in General (identifying categories of
sources that are required to register with
the Oregon DEQ);
• OAR 340–210–0205 Notice of
Construction and Approval of Plans:
Applicability and Requirements, except
paragraph (3) (listing source types and
activities that require notice to the
Oregon DEQ prior to construction);
• OAR 340–210–0225 Notice of
Construction and Approval of Plans:
Types of Construction/Modification
Changes (establishing the activities that
qualify for each type of notice of
construction);
• OAR 340–210–0230 Notice of
Construction and Approval of Plans:
Notice to Construct Application
(requiring the specific information to be
submitted in an application);
• OAR 340–210–0240 Notice of
Construction and Approval of Plans:
Construction Approval (specifying what
level of approval from Oregon DEQ is
needed before a source may begin
construction);
• OAR 340–210–0250 Notice of
Construction and Approval of Plans:
Approval to Operate (specifying what is
required of a source to obtain approval
to operate);
• OAR 340–214–0110 Reporting:
Request for Information (requiring
sources to respond to Oregon DEQ
requests for information);
• OAR 340–214–0114 Reporting:
Records; Maintaining and Reporting
(detailing when and how to record and
report data);
• OAR 340–214–0130 Reporting:
Information Exempt from Disclosure
(establishing that trade secrets and other
eligible data may be exempt from
disclosure);
• OAR 340–216–0020 Applicability
and Jurisdiction (identifying source
categories subject to air contaminant
discharge permits);
• OAR 340–216–0025 Types and
Permits (identifying the types of air
contaminant discharge permits);
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• OAR 340–216–0040 Application
Requirements (spelling out the
information required to be included in
permit applications);
• OAR 340–216–0054 Short Term
Activity ACDPs (listing the pilot and
other time-limited activities that may be
eligible for a short term activity ACDP);
• OAR 340–216–0056 Basic ACDPs
(identifying the contents of a basic
ACDP);
• OAR 340–216–0060 General Air
Contaminant Discharge Permits
(identifying the contents of a general
ACDP);
• OAR 340–216–0064 Simple
ACDPs (identifying the contents of a
simple ACDP);
• OAR 340–216–0066 Standard
ACDPs (identifying the contents of a
standard ACDP);
• OAR 340–216–0068 Simple and
Standard ACDP Attachments (allowing
Oregon DEQ to add requirements to
existing simple and standard ACDP
permits);
• OAR 340–216–0082 Expiration,
Termination, Reinstatement or
Revocation of an ACDP (regulating
when and how ACDPs expire, are
terminated, reinstated or revoked);
• OAR 340–216–0084 Department
Initiated Modification (establishing a
means by which Oregon DEQ may
modify an ACDP when needed);
• OAR 340–216–8010 Table 1—
Activities and Sources (listing which
source categories and associated
activities must obtain an ACDP);
• OAR 340–216–8020 Table 2—Air
Contaminant Discharge Permits, except
paragraph (2) and Table 2 (requiring
sources to pay ACDP fees to the Oregon
DEQ);
• OAR 340–222–0020 Applicability
and Jurisdiction (requiring that plant
site emission limits are included in
most ACDPs and title V operating
permits);
• OAR 340–222–0035 General
Requirements for Establishing All PSELs
(describing how plant site emission
limits are established and how they are
revised);
• OAR 340–222–0041 Annual
PSELs (prescribing how annual plant
site emission limits are established on a
source-specific basis);
• OAR 340–222–0042 Short Term
PSEL (establishing short term limits for
sources located in areas with an
established short term significant
emission rate);
• OAR 340–222–0046 Netting Basis
(establishes netting basis requirements);
• OAR 340–224–0030 New Source
Review Procedural Requirements
(establishing application and processing
procedures for new source review
permits);
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• OAR 340–224–0520 Net Air
Quality Benefit Emission Offsets:
Requirements for Demonstrating Net Air
Quality Benefit for Ozone Areas
(requiring certain sources to offset
emissions in areas with ozone
problems);
• OAR 340–224–0530 Net Air
Quality Benefit Emission Offsets:
Requirements for Demonstrating Net Air
Quality Benefit for Non-Ozone Areas
(requiring sources to offset emissions in
areas with particulate matter problems);
• OAR 340–225–0030 Procedural
Requirements (prescribing the
procedures for air quality analysis);
• OAR 340–225–0050 Requirements
for Analysis in PSD Class II and Class
III Areas (establishing the modeling
requirements for sources in PSD class II
and III areas);
• OAR 340–225–0070 Requirements
for Demonstrating Compliance with Air
Quality Related Values Protection
(describing how to comply with limits
established for national parks,
wilderness, and other areas);
• OAR 340–226–0100 Highest and
Best Practicable Treatment and Control:
Policy and Application (requiring
appropriate conditions in permits to
control and treat emissions to the
highest extent);
• OAR 340–226–0130 Highest and
Best Practicable Treatment and Control:
Typically Achievable Control
Technology (TACT) (laying out when
and how the Oregon DEQ will make
typically achievable control technology
determinations);
• OAR 340–226–0140 Highest and
Best Practicable Treatment and Control:
Additional Control Requirements for
Stationary Sources of Air Contaminants
(providing that the Oregon DEQ will
establish additional control
requirements to protect the NAAQS,
visibility, and other public health and
environmental goals);
• OAR 340–226–0210 Grain
Loading Standards: Particulate Emission
Limitations for Sources Other Than Fuel
Burning Equipment, Refuse Burning
Equipment and Fugitive Emissions
(establishing particulate emission
standards for non-fuel burning
equipment);
• OAR 340–228–0210 General
Emission Standards for Fuel Burning
Equipment: Grain Loading Standards
(setting grain loading standards for fuelburning equipment);
• OAR 340–232–0030 Definitions
(defining terms used in the rules
establishing emission standards for VOC
point sources);
• OAR 340–232–0040 General NonCategorical Requirements (spelling out
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general case-by-case RACT requirements
for VOC point sources);
• OAR 340–232–0090 Bulk Gasoline
Terminals Including Truck and Trailer
Loading (VOC emission limits for bulk
gasoline terminals);
• OAR 340–232–0160 Surface
Coating in Manufacturing (VOC
emission limits for surface coating
operations);
• OAR 340–232–0170 Aerospace
Component Coating Operations (VOC
emission limits for component coating
in the aerospace industry);
• OAR 340–234–0010 Definitions
except (8) and (10) (defining terms used
in the rules establishing emission
standards for the wood products
industry);
• OAR 340–234–0210 Kraft Pulp
Mills: Emission Limitations, except
references to total reduced sulfur
(setting emission limits for kraft pulp
mills);
• OAR 340–236–8010 Hot Mix
Asphalt Plants: Table—Process Weight
Table (requiring hot mix asphalt plants
to comply with specific process weight
discharge rates);
B. Rule Sections To Be Removed From
Incorporation by Reference
The EPA is proposing to remove from
incorporation by reference the following
Oregon administrative rule sections:
• OAR 340–210–0215 Notice of
Construction and Approval of Plans:
Requirement, State effective April 16,
2015 (requirements to notify the Oregon
DEQ prior to constructing or modifying
a subject source);
• OAR 340–222–0040 Generic
Annual PSEL, State effective April 16,
2015 (establishing generic plant site
emission limits for subject sources that
emit less than the significant emission
rate);
• OAR 340–021–200 Purpose, State
effective May 1, 1995 (describing the
purpose of contingency control
requirements for existing industrial
sources in coarse particulate matter
nonattainment areas);
• OAR 340–021–205 Relation to
Other Rules, State effective March 10,
1993 (describing the relation of
contingency control requirements to
other regulations);
• OAR 340–021–210 Applicability,
State effective March 10, 1993 (stating
that contingency control requirements
shall apply if the EPA determines an
area has failed to attain the PM10
standard by the applicable attainment
date);
• OAR 340–021–215 Definitions,
State effective March 10, 1993
(establishing definitions used in the
contingency control requirements);
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• OAR 340–021–220 Compliance
Schedule for Existing Sources, State
effective March 10, 1993 (setting the
compliance schedule for sources to
install emissions control systems as a
contingency control requirement);
• OAR 340–021–225 Wood-Waste
Boilers, State effective March 10, 1993
(limiting emissions from wood-waste
boilers to a specific rate as a
contingency control requirement);
• OAR 340–021–230 Wood Particle
Dryers at Particleboard Plants, State
effective March 10, 1993 (limiting
emissions from wood particle dryers to
a specific rate as a contingency control
requirement);
• OAR 340–021–235 Hardboard
Manufacturing Plants, State effective
March 10, 1993 (limiting emissions from
hardboard manufacturing plants to a
specific rate as a contingency control
requirement);
• OAR 340–021–240 Air Conveying
Systems, State effective March 10, 1993
(limiting emissions from air conveying
systems to a specific rate as a
contingency control requirement); and
• OAR 340–021–245 Fugitive
Emissions, State effective March 10,
1993 (requiring wood products
manufacturing plants to limit fugitive
emissions as a contingency control
requirement).
IV. Incorporation by Reference
In this document, 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 the provisions
described in section III. of this
preamble. The EPA has made, and will
continue to make, these documents
generally available through https://
www.regulations.gov and at the EPA
Region 10 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Also in this document, the EPA is
proposing to remove in a final rule,
regulatory text from incorporated by
reference, as described in section III. of
this preamble.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve State choices,
provided that they meet the criteria of
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Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
the Clean Air Act. Accordingly, this
action merely approves State law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
VerDate Sep<11>2014
16:07 Mar 29, 2024
Jkt 262001
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
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 proposed rule
would not have Tribal implications and
would not impose substantial direct
costs on Tribal governments or preempt
Tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
PO 00000
Frm 00016
Fmt 4702
Sfmt 9990
22371
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The air agency did not evaluate
environmental justice considerations as
part of its SIP submission; the Clean Air
Act and applicable implementing
regulations neither prohibit nor require
such an evaluation. The EPA did not
perform an EJ analysis and did not
consider EJ in this action. Due to the
nature of the action being taken here,
this action is expected to have a neutral
to positive impact on the air quality of
the affected area. Consideration of EJ is
not required as part of this proposed
action, and there is no information in
the record inconsistent with the stated
goal of Executive Order 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 26, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2024–06807 Filed 3–29–24; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Proposed Rules]
[Pages 22363-22371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06807]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2023-0438, FRL-11366-01-R10]
Air Plan Approval; OR; Permitting Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
revisions to the Oregon State Implementation Plan (SIP) submitted on
March 27, 2023. The submitted changes are designed to strengthen the
stationary source permitting rules by eliminating generic plant site
emission limits in favor of source-specific and source-category
specific limits, updating construction notification requirements,
clarifying the use of modeling and monitoring for compliance assurance,
and streamlining the application process.
DATES: Comments must be received on or before May 1, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2023-0438, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from https://www.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 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
[[Page 22364]]
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'' or
``our'' is used, it means the EPA.
Table of Contents
I. Background
A. State Implementation Plan
B. State Submission
II. Evaluation
A. Division 200--General Air Pollution Procedures and
Definitions
B. Division 208--Visible Emissions and Nuisance Requirements
C. Division 209--Public Participation
D. Division 210--Stationary Source Notification Requirements
E. Division 216--Air Contaminant Discharge Permits
F. Division 222--Stationary Source Plant Site Emission Limits
G. Division 224--New Source Review
H. Division 225--Air Quality Analysis Requirements
I. Division 226--General Emission Standards
J. Division 228--Requirements for Fuel Burning Equipment
K. Division 232--Emission Standards for VOC Point Sources
L. Division 234--Emission Standards for Wood Products Industries
M. Division 21--General Emission Standards for Particulate
Matter
III. Proposed Action
A. Rule Sections To Be Incorporated by Reference
B. Rule Sections To Be Removed From Incorporation by Reference
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
A. State Implementation Plan
The Clean Air Act requires the EPA to establish national ambient
air quality standards (NAAQS) for carbon monoxide, lead, nitrogen
dioxide, ozone, particulate matter, and sulfur dioxide.\1\ Each state
has a State Implementation Plan (SIP) designed to meet the NAAQS
through various air pollution regulations, control measures and
strategies. A SIP contains elements such as emission limits, pollution
control technology requirements, permitting programs, and enforcement
mechanisms, among other elements. Each state revises its SIP over time
to respond to new Federal requirements and to address changing air
quality conditions.
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\1\ See Clean Air Act section 109.
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States submit SIP revisions to the EPA for review and approval.\2\
The EPA takes action through notice and comment rulemaking to approve
and incorporate submitted state air quality regulations by reference
into the SIP, codified in the Code of Federal Regulations (CFR). As
part of the SIP, state regulations are enforceable by the EPA and by
citizens in Federal district court.\3\
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\2\ See Clean Air Act section 110.
\3\ See Clean Air Act section 304.
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B. State Submission
On March 27, 2023, the Oregon Department of Environmental Quality
(DEQ) submitted a SIP revision to the EPA for approval into the Oregon
SIP, codified at 40 CFR part 52, subpart MM. The submitted changes,
State effective March 1, 2023, update the stationary source permitting
programs established in chapter 340 of the Oregon Administrative Rules
(OAR). The Oregon Department of Environmental Quality (Oregon DEQ) is
the permitting authority throughout the State, except where Lane
Regional Air Protection Agency has been authorized to permit sources
located in Lane County, Oregon.
II. Evaluation
The following sections of this preamble describe the significant
changes made to the Oregon air permitting regulations and evaluate the
changes with respect to Clean Air Act requirements.\4\
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\4\ We note that we have not described minor wording changes and
clarifications that do not alter the meaning of the rules. We also
note that we intend to address the submitted changes to Division
214, related to stationary source reporting requirements, in a
separate action.
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A. Division 200--General Air Pollution Procedures and Definitions
Oregon clarified and updated several centralized definitions which
are used throughout the Oregon air quality regulations.\5\ The State
updated the definition of ``air contaminant'' to clearly exclude
uncombined water.\6\ This update is appropriate because: (1) uncombined
water is not a criteria pollutant or otherwise regulated air pollutant
under the Clean Air Act; and (2) uncombined water is not included when
measuring particulate matter emissions, consistent with the EPA's
definition at 40 CFR 51.100(pp). Oregon also made clear that the
definition of ``construction'' includes the replacement of a source and
that the definition of ``emission limit'' includes a permit condition
or order. These changes are appropriate because they strengthen and
clarify the SIP.
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\5\ See OAR 340-200-0020 General Air Quality Definitions.
\6\ Uncombined water means droplets of water that have not
combined with hygroscopic particles or do not contain dissolved
solids.
---------------------------------------------------------------------------
The State also made minor updates to certain terms; for example,
Oregon clarified that all fluorinated greenhouse gases, as defined in
40 CFR part 98, are included in the State's definition of ``greenhouse
gas.'' Oregon updated the definition of ``major source'' to ensure that
all uses of the term throughout the air quality rules point to the
corresponding definition based on the applicable permitting program
(the Clean Air Act defines the term ``major source'' differently based
on area designation, type of pollutant, etc.). In addition, the State
clarified the correct definition of ``particulate matter'' to be used
in regulating visible emissions. Oregon also updated the definition of
``significant emission rate'' to point to the EPA test method used to
measure inorganic fluoride compounds and updated the definition of
``VOC'' to align with the Federal definition in 40 CFR 51.100(s). We
propose to approve these clarifying updates.
Oregon revised the definition of ``significant impact level'' to
remove the levels established for the coarse particulate matter
(PM10) annual standard. This change is consistent with the
EPA's revocation of the PM10 annual standard on October 17,
2006 (71 FR 61144). Finally, Oregon struck the definition of ``generic
plant site emission limit'' because the State has repealed the
permitting regulations in which the term is used. For further
discussion, please see section II.G. of this preamble. We propose to
approve the removal of these obsolete terms and definitions.
B. Division 208--Visible Emissions and Nuisance Requirements
Oregon updated the visible emission regulations in Division 208 in
several ways. Oregon spelled out that the visible emission limits in
OAR 340-208-0110 do not apply to recovery furnaces that are subject to
the separate standards for wood products industries established in
Division 234. In the same rule section, the State removed text that
historically served to phase in tighter, 20 percent opacity limits. The
limits are now widely applicable. In addition, Oregon clarified that,
in and around the Portland area, industrial fuel burning equipment that
fires wood residue is limited to no more than 0.10 grains per
[[Page 22365]]
standard cubic foot of exhaust.\7\ We propose to approve the submitted
changes because they clarify how and where visible emission limits
apply without relaxing the requirements.
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\7\ If installed, constructed or last modified after June 1,
1970. Such equipment installed before that date is limited to 0.20
grains per standard cubic foot.
---------------------------------------------------------------------------
C. Division 209--Public Participation
In the submission, the State updated the centralized public
participation requirements in Division 209. Oregon revised OAR 340-209-
0080 to spell out the timeline and actions required for an owner or
operator to appeal a permit decision, specifically adding text stating
that an issued permit is effective on the date of signature, unless the
applicant requests a hearing to contest the permit within 20 days of
the notification date. In addition, Oregon made clear that a permit
denial is effective 60 days from the notification date unless the
applicant requests a hearing within that timeframe. We propose to
approve the changes because they make the permit appeal process
transparent to applicants and the public.
D. Division 210--Stationary Source Notification Requirements
In the submission, Oregon made changes to the registration
requirements in Division 210. The current SIP requires that any air
contaminant source that is not otherwise required to obtain an air
contaminant discharge permit under Division 216, or title V operating
permit under Division 218, must register with the permitting authority
upon request. The State updated the general registration provisions in
OAR 340-210-0100 to make clear to owners and operators of subject
sources that appropriate record-keeping is required and that failure to
pay fees may be cause to terminate registration.\8\ We propose to
approve the submitted changes because they clarify what is required to
maintain source registration and therefore strengthen the SIP.
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\8\ Registered sources include sources such as motor vehicle
surface coating operations, dry cleaners using perchloroethylene,
and other types of smaller sources. Registering such sources helps
the Oregon DEQ inventory statewide emissions, provide technical
assistance, and communicate with owners and operators.
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In the submission, the State also made changes to the notice of
construction provisions in Division 210. An owner or operator of a
proposed new source that will emit any regulated air pollutant, and
that is not otherwise required to obtain an air contaminant discharge
permit under Division 216 or a title V permit under Division 218, must
notify the permitting authority, consistent with Division 210. In
addition, an owner or operator seeking to modify an existing source
must notify the permitting authority if the modification would increase
regulated air pollutant emissions, replace an emissions device, or
modify or replace an air pollution control device. We note that such a
modifying source may or may not have an existing air contaminant
discharge permit or title V permit.
In the submission, Oregon revised the applicability requirements in
OAR 340-210-0205 to make clear that owners or operators must notify the
permitting authority using the appropriate application materials before
undertaking any of the covered activities in Division 210. We propose
to approve the changes as strengthening the SIP.
The State also added language to OAR 340-210-0225 to clarify which
kinds of changes fall under each notification type prescribed in the
Division 210 rules (Types 1, 2, 3 and 4), in addition to the associated
requirements for owners and operators under each type. Type 1 changes
generally consist of construction and modification for which an owner
or operator is not required to obtain an air contaminant discharge
permit or permit modification under Division 216, and where the changes
would not increase emissions in a significant way, would not increase
emissions above an existing plant site emission limit (PSEL), and would
not be used to establish a federally enforceable limit on potential to
emit.\9\ A construction or modification may also be a Type 1 change if
it is one of a list of equipment, units, or activities that are
expected to result in little to no change in emissions.\10\ Type 2
changes include construction or modification for which the owner or
operator is not required to obtain an air contaminant discharge permit
or permit modification under Division 216, and where the construction
or modification would not cause or increase emissions above certain
regulatory thresholds, such as the significant emission rate.\11\ Type
3 changes include construction or modification where the construction
or modification would cause or increase emissions above certain
regulatory thresholds, such as the significant emission rate.\12\
Finally, Type 4 changes include construction or modification that is
subject to new source review (NSR) requirements governed by Division
224. We propose to approve the changes because they are designed to
ensure that construction activities receive the proper review by the
permitting authority.
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\9\ More specifically, the construction or modification would:
have emissions from any new, modified, or replaced device or
activity, or any combination of devices or activities, of less than
or equal to the de minimis levels defined in OAR 340-200-0020; not
result in an increase of emissions from the source above any PSEL;
not result in an increase of emissions from the source above the
netting basis by more than or equal to the SER; not be used to
establish a federally enforceable limit on the potential to emit;
and not require a technically achievable control technology
determination under OAR 340-226-0130 or a maximum achievable control
technology determination under OAR 340-244-0200.
\10\ Activities that are expected to result in little or no
change in emissions include, for example: vacuum pumps; hand-held
sanding equipment; Lithographic printing equipment which uses laser
printing; concrete application and installation; among numerous
other activities. See submitted changes to OAR 340-210-0225 in the
submission in the docket for this action.
\11\ Specifically, construction or modification that would have
emissions from any new, modified, or replaced device or activity, or
any combination of devices or activities, of less than the
significant emission rate (SER) defined in OAR 340-200-0020; not
result in an increase of emissions from the source above any plant
site emission limit (PSEL); not result in an increase of emissions
from the source above the netting basis by more than or equal to the
SER; not be used to establish a federally enforceable limit on the
potential to emit; be used to establish a State-only enforceable
limit on the potential to emit; not require a technically achievable
control technology (TACT) determination under OAR 340-226-0130 or a
maximum achievable control technology (MACT) determination under OAR
340-244-0200; and not cause or contribute to a new exceedance of the
NAAQS for a new or replaced device or activity.
\12\ Specifically, construction or modification that would
result in emissions from any new, modified, or replaced device or
activity, or any combination of devices or activities, of more than
or equal to the SER defined in OAR 340-200-0020; result in an
increase of emissions from the source above any PSEL before applying
unassigned emissions or emissions reduction credits available to the
source but less than the SER after applying unassigned emissions or
emissions reduction credits available to the source; be used to
establish a federally enforceable limit on the potential to emit;
require a TACT determination under OAR 340-226-0130 or a MACT
determination under 340-244-0200; or not cause or contribute to a
new exceedance of a National Ambient Air Quality Standard adopted
under OAR chapter 340, division 202 for a new or replaced device or
activity.
---------------------------------------------------------------------------
Oregon also revised the application requirements in OAR 340-210-
0230 to specify what should be in a notice of construction application
and to require that applicants must generally use the State-provided
online electronic forms. In addition, applications must include
information on production, throughput, material usage, and emissions
with supporting calculations. Any person proposing a Type 2 or Type 3
change for a new or replaced device or activity must also submit an air
quality analysis, for any pollutants that are emitted above the de
minimis emission level, demonstrating that the emissions from the
individual device or activity, including reductions due to air
pollution control devices or permitted limits on production capacity,
will not
[[Page 22366]]
cause or contribute to a new exceedance of the NAAQS. We propose to
approve these revisions as strengthening the SIP because they require
an air quality analysis to demonstrate the NAAQS are protected when
Type 2 and Type 3 construction and modification activities are planned
at a source.
The State revised the construction approval conditions in OAR 340-
210-0240 to clarify when and how an applicant may proceed with
construction or modification. For a Type 1 change, an owner or operator
may proceed with construction immediately after notifying the
permitting authority, unless the owner or operator requests
confirmation. For a Type 2 change, an owner or operator may construct
or modify 60 calendar days after the permitting authority receives the
complete notice application and fees, or on the date that the
permitting authority approves the application in writing, whichever is
sooner, unless the permitting authority determines that the activity
does not qualify as a Type 2 change. When planning a Type 3 or Type 4
change, an owner or operator must obtain the appropriate air
contaminant discharge permit prior to proceeding with construction or
modification. Upon approval, an owner or operator must commence
construction or modification within 18 months. Approval terminates if
not commenced within 18 months, except that a source may request one 18
month extension of the deadline. Oregon also spelled out that any
construction or modification must happen according to the plans and
specifications reviewed and approved by the permitting authority.
Finally, Oregon revised OAR 340-210-0250 to clarify which types of
permits must be obtained for Type 3 and 4 changes. We propose to
approve the changes because they clarify the construction approval
requirements and require owners and operators to construct according to
approved plans.
E. Division 216--Air Contaminant Discharge Permits
As part of the submission, the State revised the air contaminant
discharge permit (ACDP) requirements in Division 216 to ensure proper
permitting and NAAQS compliance. First, Oregon updated the general
applicability provisions in OAR 340-216-0020 to make clear that the
owner or operator of a source must construct and operate the permitted
facility in accordance with previously-approved plans and
specifications. Second, the State revised OAR 340-216-0025 to add
clarifying language about the permitting authority's ability to
reassign a source to a different permit type. Specifically, Oregon
added language stating that, notwithstanding the other eligibility
requirements already established in the State regulations for the
different types of ACDPs, the permitting authority may change the
specific permit type to be issued to a source based on several
additional factors including the compliance history of the facility's
corporate officers, parent company, subsidiaries, and other related
people and entities. We propose to approve these changes because they
are designed to enhance State oversight of stationary source
construction and operation.
Permit Application Procedures
Oregon made changes to the permit application procedures in OAR
340-216-0040 to require additional application materials when a source
applies for a new, renewed, or modified permit. These materials were
added to help ensure that subject sources will not cause or contribute
to a new exceedance of the NAAQS, including the short-term NAAQS
promulgated by the EPA in 2010 for SO2 and NO2.
When requesting a new ACDP--except a new short-term activity
permit--in addition to what was already required in the application,
each source must also provide:
The make, model, and identification number associated with
activities and devices used at the source, if available;
The specific exhaust parameters for devices used at the
source;
The most recent information reported to the EPA's toxics
release inventory (TRI) for that specific source, if that source is
subject to the TRI program;
An air quality impact analysis conducted in accordance
with Division 225 demonstrating that the source's emissions will not
cause or contribute to a new exceedance of any NAAQS;
The anticipated date of commencement of construction; and
The anticipated date of construction completion.
When requesting to renew an ACDP permit, in addition to the
already-required materials, each source must also submit:
All information required for a new ACDP if that
information has changed since the last permit renewal or issuance;
A complete list of all devices and activities at the
source;
An estimate of the amount and type of each air contaminant
emitted by the source; and
All changes to the source since the last permit issuance
and all requirements applicable to those changes; and
When required by the permitting authority, an air quality
analysis conducted in accordance with Division 225 demonstrating that
the source's emissions will not cause or contribute to a new exceedance
of a NAAQS.
For requests to modify an ACDP permit, in addition to the already-
required materials, each source must also submit:
When required by the permitting authority, an air quality
analysis conducted in accordance with Division 225 demonstrating that
the source's emissions will not cause or contribute to a new exceedance
of a NAAQS.
For all permit applications, if additional information is needed to
complete the permit application, the permitting authority will send a
written request to the applicant and require the information be
submitted within 60 days. Applicants may request a good cause
extension. We propose to approve the changes to the permit application
procedures because they are designed to provide the permitting
authority with the specific information needed to issue a permit that
protects ambient air quality, including the short-term NAAQS.
Short-Term Activity Permits
With respect to short-term activity ACDPs, the State revised OAR
340-216-0054 to make clear that a short-term permit is only available
for activities that either do not require a title V operating permit,
that are unexpected or emergencies, or that involve a pilot plant or
exploratory emissions unit. The State also added several application
requirements, including, if required by the permitting authority, an
air quality impact analysis demonstrating that the source's emissions
will not cause or contribute to a new exceedance of the NAAQS. The
State added that a short-term activity permit automatically terminates
after 60 days. A source may request one 60-day extension, but no more.
If a short-term activity permit is issued to an already-permitted
source, that source must include the emissions from the short-term
activity when determining compliance with applicable plant site
emission limits. We propose to approve these revisions because they are
intended to prevent covered activities from causing or contributing to
a new NAAQS exceedance.
General Permits
As specified in Division 216, general ACDPs are established by the
permitting authority for specific source categories when there are
multiple sources with
[[Page 22367]]
the same, or substantially similar, types of operations. The general
permit provisions indicate that such a permit is appropriate when all
requirements applicable to a covered operation may be included in the
general permit, the emission limitations, monitoring, recordkeeping and
reporting are the same for all operations covered by the general
permit, and the regulated pollutants emitted are of the same type for
all covered operations. Examples include rock crushers and asphalt
plants. For such general permits, the State added procedures to OAR
340-216-0060 spelling out how a person may petition to add a new
category to the list of source categories covered by general permits.
We propose to approve the revisions to OAR 340-216-0060.
Simple and Standard Permits
Simple ACDPs, described in OAR 340-216-0064, generally limit a
source's emissions to less than the significant emission rate (SER) for
each pollutant. Oregon updated these requirements to ensure that
emissions from a source permitted under a simple permit will not cause
or contribute to a new exceedance of a NAAQS. In particular, the
revisions require that a simple permit include each physical or
operational limit required to ensure all devices and activities at a
source are controlled, or a requirement to conduct ambient monitoring
to ensure compliance with the NAAQS. Oregon also extended the simple
permit term from 5 years to 10 years. For standard permits in OAR 340-
216-0066, Oregon made similar changes, except that the permit term for
standard permits will generally remain at 5 years, except when issued
to meet major new source review (NSR), in which case the permit will
have no expiration date. We propose to approve these changes as
consistent with the EPA's NSR regulations at 40 CFR 51.161 through 166.
For further discussion, see section II.G. of this preamble.
Permit Termination and Department-Initiated Permit Modifications
Oregon revised the rules addressing termination of permits in OAR
340-216-0082 to make clear that a source may not operate after an air
contaminant discharge permit has been terminated. However, when a
construction approval permit is terminated for failure to commence or
complete construction within required timeframes, a source may request
an extension for good cause and a terminated permit may be reinstated
by the permitting authority if the source submits a complete renewal
application within 30 days of termination and pays all applicable fees.
Oregon also revised OAR 340-216-0884 to make clear that department-
initiated modifications are issued by the permitting authority
following the regulatory procedures for each type of permit, including
the appropriate public participation process spelled out in Division
209. We propose to approve the changes because they clarify the public
process for department-initiated modifications and spell out the permit
termination procedures.
Permit Fees
In the submission, Oregon requested to remove a table of permit
fees from the SIP (Table 2 to OAR 340-216-8020). This table includes
the specific dollar amounts charged for various types of permit actions
and is revised over time by the State for inflation and needed revenue
adjustments. We propose to approve Oregon's request to remove the fee
table from the SIP because the overall requirement for sources to pay
pre-construction permit fees at OAR 340-216-8020(1) will remain in the
SIP, consistent with the requirements of Clean Air Act section
110(a)(2)(L).\13\
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\13\ OAR-340-214-0820(a).
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F. Division 222--Stationary Source Plant Site Emission Limits
Plant site emission limits (PSELs) are included in most Oregon air
contaminant discharge permits and title V operating permits as a means
of regulating plantwide increases and decreases in air emissions.
Historically, PSELs were established by the Oregon DEQ at either
source-specific levels or standardized ``generic'' levels for each
pollutant. Generic PSELs were defined in the Oregon air regulations as
annual limits set at one (1) ton less than the significant emission
rate (SER) for each pollutant. In practice, a source with capacity less
than the SER for a pollutant would often be assigned a generic PSEL in
a permit. However, many such sources had actual emissions lower than
the generic PSEL. This system was devised in 2001 as a permit
streamlining practice that allowed owners or operators to increase
emissions up to the generic PSEL without requiring a permit
modification, if there were no physical modifications to the source.
Oregon has since determined that the use of generic PSELs is no longer
an appropriate permitting tool. In the submission, the State eliminated
generic PSELs in favor of PSELs specific to an individual source or
source category. The changes are described in the following paragraphs.
Oregon clarified in the general requirements for establishing PSELs
at OAR 340-222-0035 that such limits must include aggregate
insignificant activities, if applicable, because aggregate
insignificant activities must be considered when determining new source
review applicability under Division 224. We propose to approve this
clarification because it is intended to make sure that sources are
appropriately brought into the new source review permitting program for
review.
The State repealed the generic PSEL option at OAR 340-222-0040 and
all references to generic PSELs in Division 222. Oregon then revised
the annual PSEL provisions in OAR 340-222-0041 to account for the
repeal of the generic PSEL option and to further clarify how the
permitting authority will establish all types of annual PSELs.
Specifically, for a general ACDP, the permitting authority may
establish a general PSEL for a pollutant based on the corresponding
source category's maximum potential to emit that pollutant.\14\ For
each source subject to a simple ACDP, a source-specific PSEL is
established for each regulated pollutant based on the facility's
potential to emit. In addition, for each source subject to a standard
ACDP, the permitting authority will establish a source-specific PSEL
for each regulated pollutant based on the facility's potential to emit,
netting basis, or a level requested by the applicant, whichever is
less. This approach is designed to yield permits that more accurately
reflect actual emissions and to ensure the permitting authority has the
opportunity to require and review
[[Page 22368]]
air quality modeling for compliance with the short-term NAAQS.
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\14\ Revised OAR 340-222-0041(1) states ``For sources subject to
a General ACDP or a General Oregon Title V Operating Permit, a PSEL
may be set based on the potential to emit of the largest emitting
source in that source category for all sources on that permit type
in the State. PSELs will be set for all regulated pollutants emitted
at more than the de minimis emission level.'' The EPA interprets
this to mean that the PSEL may be set based on the potential to emit
of the largest emitting source in the source category for which the
permitting authority issued the General ACDP. For example, the
Oregon DEQ has issued a General ACDP for portable and stationary
rock crushers, screens, and associated material handling activities
(SIC 1442): Permit Number AQGP-008 (available at https://www.oregon.gov/deq/FilterPermitsDocs/AQGP-008.pdf). Revised OAR 340-
222-0041(1) permits the Oregon DEQ to set the PSELs for sources
eligible under this General ACDP to the potential to emit of the
largest emitting portable and stationary rock crusher, screening,
and material handling source that holds a current General ACDP under
AQGP-008 in Oregon. The EPA further understands that a source with
the potential to emit equal to or greater than the significant
emission rate (SER) for a pollutant is subject to a standard ACDP
and therefore any PSEL revisions for sources subject to General
ACDPs will always be lower than prior Generic PSELs.
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Finally, Oregon clarified that an increase in the PSEL for
PM10 or PM2.5 is subject to air quality analysis
requirements but an increase in total particulate matter is not, as
described in section II.H. of this preamble. In reviewing the repeal of
generic PSELs and the changes to Division 222, we propose to approve
the changes described as well as other changes Oregon made to the PSEL
rules because they clarify and strengthen the SIP.
G. Division 224--New Source Review
Oregon revised the new source review (NSR) requirements in Division
224 to remove the expiration dates from NSR permits. The State made
this change because the permitting authority must reissue an expired
NSR permit in order to change NSR permit conditions. For certain
sources subject to both NSR and title V, NSR permits must be
incorporated into title V operating permits and this change to remove
expiration dates is intended to eliminate the need for the source to
reapply for the same permit and for the permitting authority to reissue
the permit. We propose to approve the removal of NSR permit expiration
dates because the EPA's NSR regulations at 40 CFR 51.161 through 166 do
not mandate NSR permits expire after a specific duration and removal of
the expiration dates does not affect the stringency of the SIP.
H. Division 225--Air Quality Analysis Requirements
Certain sources seeking permits in Oregon are subject to the air
quality analysis requirements in Division 225. In the submission, the
State added language to the procedural requirements in OAR 340-225-
0030. Significant increases in total particulate matter emissions \15\
do not require an air quality impact analysis for comparison to
significant impact levels, PSD increments, and ambient air quality
standards. However, if applicable, the Oregon DEQ may require an owner
or operator to speciate particulate matter and conduct an air quality
analysis for PM10 and PM2.5. We propose to
approve this clarification because it is appropriate to focus air
quality analyses on PM2.5 and PM10 for comparison
to the PM10 and PM2.5 NAAQS.
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\15\ Significant in this context means equal to or greater than
the SER.
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Oregon also corrected the rule language addressing analyses to
determine compliance with the NAAQS, PSD increments, visibility and
other requirements in OAR 340-225-0050 and OAR 340-225-0070 to
consistently refer to a ``proposed source or modification.'' We propose
to approve the changes because they correct inadvertent errors from a
prior State rulemaking.
I. Division 226--General Emission Standards
The State revised the general emission standards for highest and
best practicable treatment and control in Division 226. Specifically,
Oregon revised OAR 340-226-0010 to state that the Oregon DEQ may
establish permit conditions to prevent the degradation of air quality.
Oregon added language to OAR 340-226-0140 to make clear that any air
quality analysis must be conducted in accordance with the procedures in
Division 225. The revisions also included changes to the same rule
section clarifying that for existing sources, the permitting authority
may conduct monitoring or modeling (or may require the source to
conduct monitoring or modeling) to determine whether the source's
emissions will cause or contribute to a new exceedance of an ambient
air quality standard. In addition, OAR 340-226-0240 historically phased
in tighter grain loading standards to limit particulate matter
emissions from sources other than fuel and refuse burning.\16\ The
tighter limits are now in effect and the State has removed the obsolete
phase-in language. We propose to approve the changes because they are
designed to improve permit program implementation and protect the
NAAQS.
---------------------------------------------------------------------------
\16\ Fuel and refuse burning are regulated in Divisions 228 and
230, respectively.
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J. Division 228--Requirements for Fuel Burning Equipment
Oregon made similar changes to the fuel burning equipment
requirements in Division 228 to remove obsolete language that
historically phased in tighter emission limits. We propose to approve
these housekeeping changes.
K. Division 232--Emission Standards for VOC Point Sources
Oregon revised the non-categorical emission standards at OAR 340-
232-0040 to clarify that certain large VOC sources with no categorical
Reasonably Available Control Technology (RACT) requirements are subject
to case-by-case RACT determination by the Oregon DEQ. If a source is
located in the Portland-Vancouver or Salem-Keizer areas \17\ and has
the potential to emit over 100 tons per year of VOC from aggregated,
non-regulated emissions units based on the design capacity or maximum
production or throughput capacity of the source operating 8,760 hours
per year without the use of control devices or limits on hours of
operation, it is subject to case-by-case RACT. A source that has
complied with the NSR requirements in Division 224 and is subject to
Best Available Control Technology (BACT) or Lowest Achievable Emission
Rate (LAER) requirements is presumed to have met the Division 232 RACT
requirements. In addition, a source may request relief from RACT by
demonstrating to the Oregon DEQ that the aggregated, non-regulated
emissions units are unable to emit more than 100 tons per year of VOC,
based on the design capacity or maximum production or throughput
capacity of the source operating 8,760 hours per year without the use
of control devices. We propose to approve the changes because they make
clear that a VOC PSEL is not sufficient to avoid this non-categorical
RACT requirement.
---------------------------------------------------------------------------
\17\ See OAR 340-232-0020.
---------------------------------------------------------------------------
The State also revised the surface coating in manufacturing
requirements at OAR 340-232-0160 to clarify that surface coating
operations not specifically listed in the rule are subject to OAR 340-
232-0040. But the requirements do not apply to certain very small VOC
sources.\18\ We propose to approve these minor changes.
---------------------------------------------------------------------------
\18\ Specifically, sources whose VOC potential to emit before
add on controls from activities identified in section (5) is less
than 10 tons per year; sources with VOC actual emissions before add
on controls from activities identified in section (5) are less than
3 pounds per hour; sources with VOC actual emissions before add on
controls from activities identified in section (5) are less than 15
pounds per day. See OAR 340-232-0160.
---------------------------------------------------------------------------
L. Division 234--Emission Standards for Wood Products Industries
Oregon revised the emission standards for kraft pulp mills to
clarify that sources subject to the particulate emission standards in
Division 234 are not also subject to the grain loading standards in
Divisions 226 and 228 and the opacity limits in Division 208. We
propose to approve this clarification.
M. Division 21--General Emission Standards for Particulate Matter
The Oregon SIP contains certain expired rules that historically
addressed industrial contingency requirements for selected
PM10 nonattainment areas in Oregon (OAR 340-021-0200 through
0245). In the submission, Oregon requested to remove the rule sections
from the SIP because they have expired and are no longer in effect as a
matter of State law. The expired rule sections
[[Page 22369]]
applied only to coarse particulate (PM10) nonattainment
areas that failed to attain the 1987 PM10 NAAQS by the
applicable attainment date of December 31, 1994.\19\ There are no areas
in which these rules apply because all PM10 nonattainment
areas in Oregon have attained the PM10 standard and have
been redesignated to attainment.\20\ We propose to approve the State's
request to remove the Division 21 rules from the SIP because the rules
are expired, apply nowhere in Oregon, were repealed by the State in
1998, no longer exist as a matter of State law, and as such, removal
will not interfere with any applicable requirements concerning
attainment and reasonable further progress, or any other applicable
requirement of this chapter.
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\19\ See 57 FR 13498, April 16, 1992, at page 13537. The
applicable attainment date for PM10 nonattainment areas
classified as ``moderate'' was December 31, 1994. All designated
PM10 areas in Oregon were classified as moderate.
\20\ See Oregon area designations codified at 40 CFR 81.338.
---------------------------------------------------------------------------
III. Proposed Action
The EPA is proposing to approve revisions to the Oregon SIP
submitted on March 27, 2023.\21\ The following paragraphs detail our
proposed incorporations by reference.
---------------------------------------------------------------------------
\21\ We note that we have not described minor wording changes
and clarifications that do not alter the meaning of the rules. We
also note that we intend to address the submitted changes to
Division 214, related to stationary source reporting requirements,
in a separate action.
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A. Rule Sections To Be Incorporated by Reference
The EPA is proposing to incorporate specific Oregon administrative
rule sections by reference. Upon final action, the regulatory portion
of the Oregon SIP, at 40 CFR 52.1970(c), will include the following
provisions, State effective March 1, 2023:
OAR 340-200-0020 General Air Quality Definitions (defining
terms used in the Oregon air quality regulations);
OAR 340-200-0025 Abbreviations and Acronyms (defining
abbreviations and acronyms used in the Oregon air quality regulations);
OAR 340-200-0035 Reference Materials (specifying the title
and version of each reference material used in the Oregon air quality
regulations);
OAR 340-204-0300 Designation of Sustainment Areas \22\
(identifying the areas in Oregon designated as sustaining the relevant
air quality standard);
---------------------------------------------------------------------------
\22\ Oregon revised the regulatory note only, not the regulatory
text.
---------------------------------------------------------------------------
OAR 340-204-0310 Designation of Reattainment Areas \23\
(identifying the areas in Oregon designated as reattaining the relevant
air quality standard);
---------------------------------------------------------------------------
\23\ Oregon revised the regulatory note only, not the regulatory
text.
---------------------------------------------------------------------------
OAR 340-206-0010 Introduction (establishing significant
harm levels for pollutants in areas based on priority level);
OAR 340-208-0110 Visible Air Contaminant Limitations
(establishing limits and test methods for visible emissions);
OAR 340-209-0080 Issuance or Denial of a Permit
(specifying procedures for issuing and denying permits, including how
to request a hearing to contest a permit decision);
OAR 340-210-0100 Registration in General (identifying
categories of sources that are required to register with the Oregon
DEQ);
OAR 340-210-0205 Notice of Construction and Approval of
Plans: Applicability and Requirements, except paragraph (3) (listing
source types and activities that require notice to the Oregon DEQ prior
to construction);
OAR 340-210-0225 Notice of Construction and Approval of
Plans: Types of Construction/Modification Changes (establishing the
activities that qualify for each type of notice of construction);
OAR 340-210-0230 Notice of Construction and Approval of
Plans: Notice to Construct Application (requiring the specific
information to be submitted in an application);
OAR 340-210-0240 Notice of Construction and Approval of
Plans: Construction Approval (specifying what level of approval from
Oregon DEQ is needed before a source may begin construction);
OAR 340-210-0250 Notice of Construction and Approval of
Plans: Approval to Operate (specifying what is required of a source to
obtain approval to operate);
OAR 340-214-0110 Reporting: Request for Information
(requiring sources to respond to Oregon DEQ requests for information);
OAR 340-214-0114 Reporting: Records; Maintaining and
Reporting (detailing when and how to record and report data);
OAR 340-214-0130 Reporting: Information Exempt from
Disclosure (establishing that trade secrets and other eligible data may
be exempt from disclosure);
OAR 340-216-0020 Applicability and Jurisdiction
(identifying source categories subject to air contaminant discharge
permits);
OAR 340-216-0025 Types and Permits (identifying the types
of air contaminant discharge permits);
OAR 340-216-0040 Application Requirements (spelling out
the information required to be included in permit applications);
OAR 340-216-0054 Short Term Activity ACDPs (listing the
pilot and other time-limited activities that may be eligible for a
short term activity ACDP);
OAR 340-216-0056 Basic ACDPs (identifying the contents of
a basic ACDP);
OAR 340-216-0060 General Air Contaminant Discharge Permits
(identifying the contents of a general ACDP);
OAR 340-216-0064 Simple ACDPs (identifying the contents of
a simple ACDP);
OAR 340-216-0066 Standard ACDPs (identifying the contents
of a standard ACDP);
OAR 340-216-0068 Simple and Standard ACDP Attachments
(allowing Oregon DEQ to add requirements to existing simple and
standard ACDP permits);
OAR 340-216-0082 Expiration, Termination, Reinstatement or
Revocation of an ACDP (regulating when and how ACDPs expire, are
terminated, reinstated or revoked);
OAR 340-216-0084 Department Initiated Modification
(establishing a means by which Oregon DEQ may modify an ACDP when
needed);
OAR 340-216-8010 Table 1--Activities and Sources (listing
which source categories and associated activities must obtain an ACDP);
OAR 340-216-8020 Table 2--Air Contaminant Discharge
Permits, except paragraph (2) and Table 2 (requiring sources to pay
ACDP fees to the Oregon DEQ);
OAR 340-222-0020 Applicability and Jurisdiction (requiring
that plant site emission limits are included in most ACDPs and title V
operating permits);
OAR 340-222-0035 General Requirements for Establishing All
PSELs (describing how plant site emission limits are established and
how they are revised);
OAR 340-222-0041 Annual PSELs (prescribing how annual
plant site emission limits are established on a source-specific basis);
OAR 340-222-0042 Short Term PSEL (establishing short term
limits for sources located in areas with an established short term
significant emission rate);
OAR 340-222-0046 Netting Basis (establishes netting basis
requirements);
OAR 340-224-0030 New Source Review Procedural Requirements
(establishing application and processing procedures for new source
review permits);
[[Page 22370]]
OAR 340-224-0520 Net Air Quality Benefit Emission Offsets:
Requirements for Demonstrating Net Air Quality Benefit for Ozone Areas
(requiring certain sources to offset emissions in areas with ozone
problems);
OAR 340-224-0530 Net Air Quality Benefit Emission Offsets:
Requirements for Demonstrating Net Air Quality Benefit for Non-Ozone
Areas (requiring sources to offset emissions in areas with particulate
matter problems);
OAR 340-225-0030 Procedural Requirements (prescribing the
procedures for air quality analysis);
OAR 340-225-0050 Requirements for Analysis in PSD Class II
and Class III Areas (establishing the modeling requirements for sources
in PSD class II and III areas);
OAR 340-225-0070 Requirements for Demonstrating Compliance
with Air Quality Related Values Protection (describing how to comply
with limits established for national parks, wilderness, and other
areas);
OAR 340-226-0100 Highest and Best Practicable Treatment
and Control: Policy and Application (requiring appropriate conditions
in permits to control and treat emissions to the highest extent);
OAR 340-226-0130 Highest and Best Practicable Treatment
and Control: Typically Achievable Control Technology (TACT) (laying out
when and how the Oregon DEQ will make typically achievable control
technology determinations);
OAR 340-226-0140 Highest and Best Practicable Treatment
and Control: Additional Control Requirements for Stationary Sources of
Air Contaminants (providing that the Oregon DEQ will establish
additional control requirements to protect the NAAQS, visibility, and
other public health and environmental goals);
OAR 340-226-0210 Grain Loading Standards: Particulate
Emission Limitations for Sources Other Than Fuel Burning Equipment,
Refuse Burning Equipment and Fugitive Emissions (establishing
particulate emission standards for non-fuel burning equipment);
OAR 340-228-0210 General Emission Standards for Fuel
Burning Equipment: Grain Loading Standards (setting grain loading
standards for fuel-burning equipment);
OAR 340-232-0030 Definitions (defining terms used in the
rules establishing emission standards for VOC point sources);
OAR 340-232-0040 General Non-Categorical Requirements
(spelling out general case-by-case RACT requirements for VOC point
sources);
OAR 340-232-0090 Bulk Gasoline Terminals Including Truck
and Trailer Loading (VOC emission limits for bulk gasoline terminals);
OAR 340-232-0160 Surface Coating in Manufacturing (VOC
emission limits for surface coating operations);
OAR 340-232-0170 Aerospace Component Coating Operations
(VOC emission limits for component coating in the aerospace industry);
OAR 340-234-0010 Definitions except (8) and (10) (defining
terms used in the rules establishing emission standards for the wood
products industry);
OAR 340-234-0210 Kraft Pulp Mills: Emission Limitations,
except references to total reduced sulfur (setting emission limits for
kraft pulp mills);
OAR 340-236-8010 Hot Mix Asphalt Plants: Table--Process
Weight Table (requiring hot mix asphalt plants to comply with specific
process weight discharge rates);
B. Rule Sections To Be Removed From Incorporation by Reference
The EPA is proposing to remove from incorporation by reference the
following Oregon administrative rule sections:
OAR 340-210-0215 Notice of Construction and Approval of
Plans: Requirement, State effective April 16, 2015 (requirements to
notify the Oregon DEQ prior to constructing or modifying a subject
source);
OAR 340-222-0040 Generic Annual PSEL, State effective
April 16, 2015 (establishing generic plant site emission limits for
subject sources that emit less than the significant emission rate);
OAR 340-021-200 Purpose, State effective May 1, 1995
(describing the purpose of contingency control requirements for
existing industrial sources in coarse particulate matter nonattainment
areas);
OAR 340-021-205 Relation to Other Rules, State effective
March 10, 1993 (describing the relation of contingency control
requirements to other regulations);
OAR 340-021-210 Applicability, State effective March 10,
1993 (stating that contingency control requirements shall apply if the
EPA determines an area has failed to attain the PM10
standard by the applicable attainment date);
OAR 340-021-215 Definitions, State effective March 10,
1993 (establishing definitions used in the contingency control
requirements);
OAR 340-021-220 Compliance Schedule for Existing Sources,
State effective March 10, 1993 (setting the compliance schedule for
sources to install emissions control systems as a contingency control
requirement);
OAR 340-021-225 Wood-Waste Boilers, State effective March
10, 1993 (limiting emissions from wood-waste boilers to a specific rate
as a contingency control requirement);
OAR 340-021-230 Wood Particle Dryers at Particleboard
Plants, State effective March 10, 1993 (limiting emissions from wood
particle dryers to a specific rate as a contingency control
requirement);
OAR 340-021-235 Hardboard Manufacturing Plants, State
effective March 10, 1993 (limiting emissions from hardboard
manufacturing plants to a specific rate as a contingency control
requirement);
OAR 340-021-240 Air Conveying Systems, State effective
March 10, 1993 (limiting emissions from air conveying systems to a
specific rate as a contingency control requirement); and
OAR 340-021-245 Fugitive Emissions, State effective March
10, 1993 (requiring wood products manufacturing plants to limit
fugitive emissions as a contingency control requirement).
IV. Incorporation by Reference
In this document, 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 the provisions described in section III. of this preamble.
The EPA has made, and will continue to make, these documents generally
available through https://www.regulations.gov and at the EPA Region 10
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Also in this document, the EPA is proposing to remove in a final
rule, regulatory text from incorporated by reference, as described in
section III. of this preamble.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of
[[Page 22371]]
the Clean Air Act. Accordingly, this action merely approves State law
as meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
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 proposed rule would not have Tribal implications
and would not impose substantial direct costs on Tribal governments or
preempt Tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency did not evaluate environmental justice
considerations as part of its SIP submission; the Clean Air Act and
applicable implementing regulations neither prohibit nor require such
an evaluation. The EPA did not perform an EJ analysis and did not
consider EJ in this action. Due to the nature of the action being taken
here, this action is expected to have a neutral to positive impact on
the air quality of the affected area. Consideration of EJ is not
required as part of this proposed action, and there is no information
in the record inconsistent with the stated goal of Executive Order
12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 26, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2024-06807 Filed 3-29-24; 8:45 am]
BILLING CODE 6560-50-P