Air Plan Approval; OR; Permitting Rule Revisions, 59610-59620 [2024-15748]
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Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations
(iii) Engine rotor RPM control without
the use of the governor, and
(iv) Low rotor RPM recognition and
recovery.
(5) No flight instructor may provide
training or conduct a flight review in a
Robinson R–22 or R–44 unless that
instructor—
(i) Completes the ground training in
paragraph 2(a) of this SFAR.
(ii) For the Robinson model R–22
helicopter, has logged at least 200 flight
hours in helicopters, at least 50 flight
hours of which were in the Robinson
model R–22 helicopter, or for the
Robinson model R–44 helicopter, logged
at least 200 flight hours in helicopters,
50 flight hours of which were in
Robinson helicopters. Up to 25 flight
hours of Robinson model R–22
helicopter flight time may be credited
toward the 50-hour requirement.
(iii) Has completed flight training in
a Robinson model R–22 or R–44
helicopter, or both, on the following
abnormal and emergency procedures—
(A) Training in autorotation
procedures and energy management,
including utilizing a combination of
flight control inputs and maneuvering to
prevent overshooting or undershooting
the selected landing area from an entry
altitude that permits safe recovery;
(B) For the Robinson model R–22
helicopter, autorotations at an entry
altitude that permits safe maneuvering
and recovery utilizing maximum glide
configuration. For the Robinson model
R–44 helicopter, autorotations at an
entry altitude that permits safe
maneuvering and recovery utilizing
maximum glide configuration and
minimum rate of descent configuration;
(C) Engine rotor RPM control without
the use of the governor; and
(D) Low rotor RPM recognition and
recovery.
(iv) Has been authorized by
endorsement from an FAA aviation
safety inspector or authorized
designated examiner that the instructor
has completed the appropriate training,
meets the experience requirements, and
has satisfactorily demonstrated an
ability to provide training on the general
subject areas of paragraph 2(a)(3) of this
SFAR, and the flight training identified
in paragraph 2(b)(5)(iii) of this SFAR.
(c) Flight Review.
(1) No flight review completed to
satisfy § 61.56 by an individual after
becoming eligible to function as pilot in
command in a Robinson model R–22
helicopter shall be valid for the
operation of an R–22 unless that flight
review was taken in an R–22.
(2) No flight review completed to
satisfy § 61.56 by an individual after
becoming eligible to function as pilot in
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command in a Robinson model R–44
helicopter shall be valid for the
operation of an R–44 unless that flight
review was taken in the R–44.
(3) The flight review will include a
review of the ground training subject
areas of paragraph 2(a)(3) of this SFAR
and flight training in abnormal and
emergency procedures in the Robinson
model R–22 or R–44 helicopter, as
appropriate, identified in paragraph 2(b)
of this SFAR.
(d) Currency Requirements. No person
may act as pilot in command of a
Robinson model R–22 or R–44
helicopter carrying passengers unless
the pilot in command has met the
recency of flight experience
requirements of § 61.57 in an R–22 or R–
44, as appropriate.
3. Expiration date. This SFAR expires
August 22, 2029, unless sooner revised
or rescinded.
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44703 in
Washington, DC.
Michael Gordon Whitaker,
Administrator.
[FR Doc. 2024–15924 Filed 7–22–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Sanctuaries Act (NMSA) (16 U.S.C.
1434(b)), NOAA published the
designation and final regulations to
implement the designation of LONMS
on June 6, 2024 (89 FR 48272). As
required by the NMSA, the designation
and regulations would become effective
following the close of a review period of
45 days of continuous session of
Congress beginning on the date of
publication. The regulations are
effective on July 22, 2024.
As discussed in the final rule, NOAA
is staying the effective date of
§ 922.223(a)(3), which prohibits
grappling into or anchoring on
shipwreck sites, until July 21, 2026. All
other regulatory provisions became
effective on July 22, 2024.
List of Subjects in 15 CFR Part 922
Administrative practice and
procedure, Coastal zone, Cultural
resources, Historic preservation, Marine
protected areas, Marine resources,
National marine sanctuaries, Recreation
and recreation areas, Reporting and
recordkeeping requirements,
Shipwrecks.
John Armor,
Director, Office of National Marine
Sanctuaries, National Ocean Service,
National Oceanic and Atmospheric
Administration.
[FR Doc. 2024–15333 Filed 7–22–24; 8:45 am]
BILLING CODE 3510–NK–P
15 CFR Part 922
Designation of Lake Ontario National
Marine Sanctuary; Notification of
Effective Date
Office of National Marine
Sanctuaries, National Ocean Service,
National Oceanic and Atmospheric
Administration, Department of
Commerce.
ACTION: Notification of effective date of
final rule.
AGENCY:
The National Oceanic and
Atmospheric Administration is
providing notice that the final rule
published on June 6, 2023, to designate
Lake Ontario National Marine Sanctuary
(LONMS), is effective on July 22, 2024.
DATES: The final rule to designate
LONMS, which was published in the
Federal Register (89 FR 48272) on June
6, 2024, is effective July 22, 2024.
FOR FURTHER INFORMATION CONTACT:
Ellen Brody, Great Lakes Regional
Coordinator, 4840 South State Road,
Ann Arbor, MI 48108–9719,
ellen.brody@noaa.gov, 734–741–2270.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 304(b) of the National Marine
SUMMARY:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2023–0438, FRL–11366–
02–R10]
Air Plan Approval; OR; Permitting Rule
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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: This final rule is effective August
22, 2024.
SUMMARY:
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The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2023–0438. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at https://
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
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.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’ or ‘‘our’’ is used, it means the
EPA.
Table of Contents
I. Background
II. Comments and Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On April 1, 2024, the EPA proposed
to approve revisions to the Oregon SIP
to strengthen and streamline the
stationary source permitting rules (89
FR 22363). The reasons for our proposed
action are included in the proposal and
will not be restated here. The public
comment period closed on May 1, 2024.
We received four comments from
members of the public. The full text of
the comments may be found in the
docket for this action. We have
summarized the comments and
provided our responses in section II. of
this preamble.
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II. Comments and Responses
Comment 1 and EPA Responses
The first commenter conveyed overall
support for the EPA’s proposed action to
approve the submitted revisions to the
Oregon SIP. The EPA acknowledges the
commenter’s support for the EPA’s
approval of Oregon’s SIP submission.
However, the same commenter also
expressed concern about two specific
items in our proposed action. First, the
commenter speculated about the
potential impact to the permitting
program and its transparency if the
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permit fee table (listing the specific
dollar amounts charged to facility
owners and operators for various types
of permit actions) were removed from
the SIP. The permit fee table in question
is table 2 of Oregon Administrative
Rules (OAR) 340–216–8020.
In response to the comment, the EPA
reiterates what was stated in the
proposed action 1 and further elaborates.
In the March 27, 2023, submission,
Oregon requested to remove the permit
fee table from the SIP. The table codifies
in State regulation the specific amounts
to be charged by the State of Oregon to
facility owners and operators for various
types of permit actions. This table is
revised periodically by the State to
account for inflation and State-initiated
revenue adjustments. However, there is
no Clean Air Act requirement to include
this itemized list in the SIP. States may
decide to maintain such provisions as
State-only regulations. Importantly, the
requirement to pay pre-construction
permit fees remains in the SIP,
consistent with Clean Air Act section
110(a)(2)(L).2 Therefore, the EPA’s
position remains that the SIP
submission meets Clean Air Act
requirements.
With respect to transparency, the
table of permit fees remains codified as
a matter of State law in the OAR and is
readily available to the public and
regulated entities on the Oregon
Secretary of State website.3 The Oregon
Department of Environmental Quality
continues to implement the permitting
program and charge the associated fees
listed in the permit fee table, as
required. Therefore, we find that there
is no anticipated impact to
transparency.
Second, the same commenter
expressed concern about removing text
from the SIP-approved Oregon rules that
historically tightened opacity limits
related to visible emissions. While the
commenter did not cite to the specific
regulation change, we infer that the
commenter was referring to the changes
to OAR 340–208–0110.
In response to this comment, the EPA
believes the commenter has
misunderstood Oregon’s rule revisions
and the basis of the EPA’s proposed
action. As part of the March 27, 2023
SIP submission, Oregon submitted
revisions to OAR 340–208–0110. The
revisions removed obsolete text that, in
the past, phased in tighter, 20 percent
opacity limits starting on January 1,
2020. These tighter, 20 percent opacity
limits have been fully phased in and are
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1 See
89 FR 22363, April 1, 2024, at page 22367.
2 OAR–340–216–8020(1).
3 https://www.sos.oregon.gov/archives.
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now widely applicable. Therefore, the
text that allowed greater than 20 percent
opacity prior to January 1, 2020, is
obsolete. Removing this obsolete text
from the SIP makes the rules clearer and
easier to implement and has no
substantive impact on the opacity
standards in Oregon’s SIP. Therefore,
approval of this revision is appropriate.
Comment 2 and EPA Responses
The second commenter stated that
they do not feel Oregon does enough to
protect the public from air pollution and
that the efforts the State does make are
not equitable or fair. As an example, the
commenter referenced the motor vehicle
inspection and maintenance program
that requires emissions testing in
Portland and other metropolitan areas,
but does not require such testing
statewide.
The EPA acknowledges the comment,
however, the commenter does not
indicate with specificity why approval
of Oregon’s revisions to its SIPapproved permitting rules is
inconsistent with the Clean Air Act or
otherwise inappropriate.
In addition, the EPA does not
consider comments on the SIP-approved
Oregon motor vehicle inspection and
maintenance program to be within the
scope of this action. Revisions to the
inspection and maintenance program
requirements of Division 256 in the
OAR were most recently approved by
the EPA on July 12, 2022 and we are not
in this action revisiting our prior
decision (87 FR 41256). Likewise,
comments on potential future changes
to the SIP-approved motor vehicle
inspection and maintenance program
that have not been submitted to the EPA
for SIP approval are outside the scope
of this action.
Comment 3 and EPA Responses
The third commenter expressed
concern about air emissions from
cannabis farms and urged that Federal
charges be reestablished. The
commenter pointed to studies of the
potential for volatile organic compound
emissions from cannabis farms to
contribute to ozone formation. The EPA
acknowledges the comment, however,
the comment is outside the scope of this
action and does not indicate that the
EPA’s approval of the SIP submission is
inconsistent with the CAA. Federal
oversight of cannabis farms is unrelated
to this action. This action addresses
changes to the Oregon regulations
governing stationary source permitting
in the State, including changes to
eliminate generic plant site emission
limits, update construction notification
requirements, clarify the use of
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modeling and monitoring for
compliance assurance, and streamline
the permit application process.
Comment 4 and EPA Responses
The fourth commenter appears to
support the EPA’s proposed action. The
EPA acknowledges the commenter’s
support of the EPA’s approval of
Oregon’s SIP submission.
For the reasons stated in our proposed
action (89 FR 22363, April 1, 2024) and
in section II. of this preamble, the EPA
is finalizing its action as proposed.
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III. Final Action
The EPA is approving revisions to the
Oregon SIP submitted on March 27,
2023.4 The following paragraphs detail
our incorporations by reference.
A. Rule Sections To Be Incorporated by
Reference
The EPA is incorporating specific
OAR sections by reference into the Code
of Federal Regulations (CFR). Upon the
effective date of this 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 (identifying the
areas in Oregon designated as sustaining
the relevant air quality standard);
• OAR 340–204–0310 Designation
of Reattainment Areas (identifying the
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
4 We are deferring action on the submitted
changes to OAR–340–214–0330, because we intend
to address the changes in a separate, future action.
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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 Division 216
regarding 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);
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• 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
(establishing netting basis
requirements);
• OAR 340–224–0030 New Source
Review Procedural Requirements
(establishing application and processing
procedures for new source review
permits);
• 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);
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• 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
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
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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 removing from
incorporation by reference the following
provisions:
• 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);
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• 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
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, we are finalizing the incorporation
by reference of the Oregon regulatory
provisions described in section III. of
this preamble and set forth in the
amendments to 40 CFR part 52 in this
document. The EPA has made, and will
continue to make, these materials
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).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the Clean Air
Act as of the effective date of the final
rule of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.5
Also in this document, the EPA is
removing 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, the EPA’s
role is to approve State choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves State law as
meeting Federal requirements and does
not impose additional requirements
5 62
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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.
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
VerDate Sep<11>2014
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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 this action, it 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 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.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian Tribe has demonstrated that a
Tribe has jurisdiction. In those areas of
Indian country, the rule does not have
Tribal implications and it will not
impose substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 23,
2024. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
PO 00000
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Sfmt 4700
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 12, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart MM—Oregon
2. In § 52.1970, in paragraph (c), table
2 is amended by:
■ a. Removing the headings ‘‘Division
21 General Emission Standards for
Particulate Matter’’ and ‘‘Industrial
Contingency Requirements for PM–10
Nonattainment Areas’’ and the entries
‘‘021–200’’, ‘‘021–205’’, ‘‘021–210’’,
‘‘021–215’’, ‘‘021–220’’, ‘‘021–225’’,
‘‘021–230’’, ‘‘021–235’’, ‘‘021–240’’, and
‘‘021–245’’;
■ b. Revising the entries ‘‘200–0020’’,
‘‘200–0025’’, ‘‘200–0035’’, ‘‘204–0300’’,
‘‘204–0310’’, ‘‘206–0010’’, ‘‘208–0110’’,
‘‘209–0080’’, ‘‘210–0100’’, and ‘‘210–
0205’’;
■ c. Removing the entry ‘‘210–0215’’;
■ d. Revising the entries ‘‘210–0225’’,
‘‘210–0230’’, ‘‘210–0240’’, ‘‘210–0250’’,
‘‘214–0110’’, ‘‘214–0114’’, ‘‘214–0130’’,
‘‘216–0020’’, ‘‘216–0025’’, ‘‘216–0040’’,
‘‘216–0054’’, ‘‘216–0056’’; ‘‘216–0060’’,
‘‘216–0064’’, ‘‘216–0066’’, ‘‘216–0068’’,
‘‘216–0082’’, ‘‘216–0084’’, ‘‘216–8010’’,
‘‘216–8020’’, ‘‘222–0020’’, and ‘‘222–
0035’’;
■ e. Removing the entry ‘‘222–0040’’;
and
■ f. Revising the entries ‘‘222–0041’’,
‘‘222–0042’’, ‘‘222–0046’’, ‘‘224–0030’’,
‘‘224–0520’’, ‘‘224–0530’’, ‘‘225–0030’’,
‘‘225–0050’’, ‘‘225–0070’’, ‘‘226–0100’’,
‘‘226–0130’’, ‘‘226–0140’’, ‘‘226–0210’’,
‘‘228–0210’’, ‘‘232–0030’’, ‘‘232–0040’’,
‘‘232–0090’’, ‘‘232–0160’’, ‘‘232–0170’’,
‘‘234–0010’’, ‘‘234–0210’’, and ‘‘236–
8010’’.
The revisions read as follows:
■
§ 52.1970
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\23JYR1.SGM
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*
*
59615
Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations
TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1
State citation
State effective
date
Title/subject
*
*
*
EPA approval
date
*
Explanations
*
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
Division 200—General Air Pollution Procedures and Definitions
*
200–0020 .........
*
*
General Air Quality Definitions .........
*
3/1/2023
200–0025 .........
Abbreviations and Acronyms ............
3/1/2023
*
200–0035 .........
*
*
Reference Materials .........................
*
3/1/2023
*
*
*
*
Division 204—Designation of Air Quality Areas
*
*
*
*
*
Designation of Areas
204–0300 .........
Designation of Sustainment Areas ...
3/1/2023
204–0310 .........
Designation of Reattainment Areas
3/1/2023
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
Division 206—Air Pollution Emergencies
206–0010 .........
Introduction .......................................
*
*
3/1/2023
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
Division 208—Visible Emissions and Nuisance Requirements
*
*
*
*
*
Visible Emissions
208–0110 .........
Visible Air Contaminant Limitations ..
*
*
3/1/2023
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
ddrumheller on DSK120RN23PROD with RULES1
Division 209—Public Participation
*
209–0080 .........
*
*
Issuance or Denial of a Permit .........
*
3/1/2023
Division 210—Stationary Source Notification Requirements
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59616
Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations
TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1—Continued
State citation
State effective
date
Title/subject
*
*
*
EPA approval
date
*
Explanations
*
*
*
*
*
Registration
210–0100 .........
Registration in General .....................
*
*
3/1/2023
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
Notice of Construction and Approval of Plans
210–0205 .........
Applicability and Requirements ........
3/1/2023
210–0225 .........
Types of Construction/Modification
Changes.
3/1/2023
210–0230 .........
Types of Notice to Construct Application.
3/1/2023
210–0240 .........
Construction Approval ......................
3/1/2023
210–0250 .........
Approval to Operate .........................
3/1/2023
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024,[ INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
Except paragraph (3).
*
*
*
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION.
*
*
*
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
Division 214—Stationary Source Reporting Requirements
*
*
*
*
Reporting
*
214–0110 .........
*
*
Request for Information ....................
*
3/1/2023
214–0114 .........
Records; Maintaining and Reporting
3/1/2023
*
214–0130 .........
*
*
Reporting: Information Exempt from
Disclosure.
*
3/1/2023
*
*
*
*
ddrumheller on DSK120RN23PROD with RULES1
Division 216—Air Contaminant Discharge Permits
*
216–0020 .........
*
*
Applicability and Jurisdiction ............
*
3/1/2023
216–0025 .........
Types of Permits ..............................
3/1/2023
*
216–0040 .........
*
*
Application Requirements .................
*
3/1/2023
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59617
Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations
TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1—Continued
State effective
date
State citation
Title/subject
*
216–0054 .........
*
*
Short Term Activity ACDPs ..............
*
3/1/2023
216–0056 .........
Basic ACDPs ....................................
3/1/2023
216–0060 .........
General Air Contaminant Discharge
Permits.
3/1/2023
*
216–0064 .........
*
*
Simple ACDPs ..................................
*
3/1/2023
216–0066 .........
Standard ACDPs ..............................
3/1/2023
216–0068 .........
Simple and Standard ACDP Attachments.
3/1/2023
*
216–0082 .........
*
*
Expiration, Termination, Reinstatement or Revocation of an ACDP.
*
3/1/2023
216–0084 .........
Department Initiated Modification .....
3/1/2023
*
216–8010 .........
*
*
Table 1—Activities and Sources ......
*
3/1/2023
216–8020 .........
Table 2—Air Contaminant Discharge
Permits.
3/1/2023
EPA approval
date
Explanations
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
Except paragraph (2) and
Table 2.
Division 222—Stationary Source Plant Site Emission Limits
*
222–0020 .........
*
*
Applicability and Jurisdiction ............
*
*
*
3/1/2023
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
*
*
*
*
*
ddrumheller on DSK120RN23PROD with RULES1
Criteria for Establishing Plant Site Emission Limits
222–0035 .........
General Requirements for Establishing All PSELs.
3/1/2023
222–0041 .........
Annual PSELs ..................................
3/1/2023
222–0042 .........
Short Term PSEL .............................
3/1/2023
222–0046 .........
Netting Basis ....................................
3/1/2023
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
Division 224—New Source Review
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59618
Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations
TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1—Continued
State effective
date
State citation
Title/subject
*
224–0030 .........
*
*
New Source Review Procedural Requirements.
*
*
*
3/1/2023
*
EPA approval
date
Explanations
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
*
*
*
Net Air Quality Benefit Emission Offsets
*
224–0520 .........
224–0530 .........
*
*
Requirements for Demonstrating Net
Air Quality Benefit for Ozone
Areas.
Requirements for Demonstrating Net
Air Quality Benefit for Non-Ozone
Areas.
*
*
*
3/1/2023
3/1/2023
*
*
Division 225—Air Quality Analysis
*
225–0030 .........
*
*
Procedural Requirements .................
*
3/1/2023
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
225–0050 .........
*
*
Requirements for Analysis in PSD
Class I and Class III Areas.
*
3/1/2023
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
225–0070 .........
*
*
Requirements for Demonstrating
Compliance with Air Quality related Values Protection.
*
3/1/2023
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
*
*
*
*
*
Division 226—General Emission Standards
*
*
*
*
*
Highest and Best Practicable Treatment and Control
226–0100 .........
Policy and Application ......................
3/1/2023
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
226–0130 .........
*
*
Typically Achievable Control Technology (TACT).
*
3/1/2023
226–0140 .........
Additional Control Requirements for
Stationary Sources of Air Contaminants.
3/1/2023
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
Grain Loading Standards
ddrumheller on DSK120RN23PROD with RULES1
226–0210 .........
Grain Loading Standards: Particulate Emission Limitations for
Sources Other Than Fuel Burning
Equipment, Refuse Burning
Equipment and Fugitive Emissions.
*
*
3/1/2023
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
Division 228—Requirements for Fuel Burning Equipment and Fuel Sulfur Content
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59619
Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations
TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1—Continued
State citation
State effective
date
Title/subject
*
*
*
EPA approval
date
*
Explanations
*
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
General Emission Standards for Fuel Burning Equipment
*
228–0210 .........
*
*
General Emission Standards for
Fuel Burning Equipment: Grain
Loading Standards.
*
*
*
3/1/2023
*
*
Division 232—Emission Standards for VOC Point Sources
*
232–0030 .........
*
*
Definitions .........................................
*
3/1/2023
232–0040 .........
General Non-Categorical Requirements.
3/1/2023
*
232–0090 .........
*
*
Bulk Gasoline Terminals Including
Truck and Trailer Loading.
*
3/1/2023
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
232–0160 .........
*
*
Surface Coating in Manufacturing ....
*
3/1/2023
*
*
232–0170 .........
Aerospace Component Coating Operations.
3/1/2023
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
*
*
*
*
Division 234—Emission Standards for Wood Products Industries
*
234–0010 .........
*
*
Definitions .........................................
*
*
*
3/1/2023
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
*
Except (8) and (10).
*
*
Kraft Pulp Mills
*
234–0210 .........
*
*
Emission Limitations .........................
*
*
*
3/1/2023
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
*
*
Except references to total reduced sulfur.
*
*
*
*
*
*
June 23, 2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER
CITATION].
*
*
Division 236—Emission Standards for Specific Industries
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
Hot Mix Asphalt Plants
*
236–8010 .........
VerDate Sep<11>2014
*
*
Process Weight Table ......................
17:25 Jul 22, 2024
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*
3/1/2023
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59620
Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations
TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1—Continued
State citation
*
*
*
*
*
*
*
*
[FR Doc. 2024–15748 Filed 7–22–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2023–0377; FRL–11783–
03–R1]
Air Plan Approval; Connecticut;
Source Monitoring, Record Keeping
and Reporting; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
VerDate Sep<11>2014
17:25 Jul 22, 2024
Jkt 262001
EPA approval
date
*
publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
Ariel Garcia, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail code 05–2), Boston, MA
02109—3912, tel. (617) 918–1660, email
garcia.ariel@epa.gov.
EPA is
making a correction for an inadvertent
error in the regulatory ‘‘Words of
Issuance’’ for the final rule by adding
the missing sentence ‘‘For the reasons
stated in the preamble, EPA amends
part 52 of chapter I, title 40 of the Code
of Federal Regulations as follows:’’, to
read as follows.
EPA has determined that there is good
cause for making this rule final without
prior proposal and opportunity for
comment because we are adding
language that was accidentally omitted.
Thus, notice and public procedure are
unnecessary. We find that this
constitutes good cause under section
553(b)(B) of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B).
SUPPLEMENTARY INFORMATION:
Correction
In FR doc. 2024–14620, beginning on
page 55888 in the Federal Register of
Monday, July 8, 2024, the following
correction is made:
On page 55890, the second column,
immediately before ‘‘PART 52—
APPROVAL AND PROMULGATION OF
IMPLEMENTATION PLANS’’ add the
words of issuance to read as follows:
For the reasons stated in the
preamble, EPA amends part 52 of
chapter I, title 40 of the Code of Federal
Regulations as follows:
PO 00000
Frm 00030
Fmt 4700
Explanations
*
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is correcting a final rule
that was published in the Federal
Register on July 8, 2024 which will
become effective on August 7, 2024. The
final rule approved State
Implementation Plan (SIP) revisions
submitted by the State of Connecticut
which addresses source monitoring in
Connecticut. The principal revision is
replacement of Regulations of
Connecticut State Agencies (RCSA)
section 22a–174–4 (source monitoring,
record keeping and reporting) with a
new regulation section 22a–174–4a, also
called ‘‘source monitoring, record
keeping and reporting,’’ in the
Connecticut SIP. This source monitoring
SIP revision provides monitoring,
recordkeeping and reporting
requirements to ensure that certain
sources comply with applicable
emissions limitations. This correction
does not change any final action taken
by EPA on July 8, 2024; this action adds
the missing ‘‘Words of Issuance’’
sentence which connects the preamble
to the regulatory text.
DATES: Effective on August 7, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2023–0377. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
SUMMARY:
ddrumheller on DSK120RN23PROD with RULES1
State effective
date
Title/subject
Sfmt 4700
*
*
Dated: July 12, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024–15820 Filed 7–22–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2024–0027; FRL–11418–
02–R3]
Air Plan Approval; Virginia; Revision
Listing and Implementing the 2010
Primary Sulfur Dioxide National
Ambient Air Quality Standard for the
Giles County Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia. The revision consists of an
amendment to the list of Virginia
nonattainment areas to include a newly
designated sulfur dioxide (SO2)
nonattainment area. EPA is approving
this revision to the Virginia SIP in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
August 22, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2024–0027. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, Planning &
Implementation Branch (3AD30), Air &
SUMMARY:
E:\FR\FM\23JYR1.SGM
23JYR1
]]>Agencies
[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Rules and Regulations]
[Pages 59610-59620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15748]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2023-0438, FRL-11366-02-R10]
Air Plan Approval; OR; Permitting Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
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: This final rule is effective August 22, 2024.
[[Page 59611]]
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2023-0438. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available at https://www.regulations.gov, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
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
II. Comments and Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On April 1, 2024, the EPA proposed to approve revisions to the
Oregon SIP to strengthen and streamline the stationary source
permitting rules (89 FR 22363). The reasons for our proposed action are
included in the proposal and will not be restated here. The public
comment period closed on May 1, 2024. We received four comments from
members of the public. The full text of the comments may be found in
the docket for this action. We have summarized the comments and
provided our responses in section II. of this preamble.
II. Comments and Responses
Comment 1 and EPA Responses
The first commenter conveyed overall support for the EPA's proposed
action to approve the submitted revisions to the Oregon SIP. The EPA
acknowledges the commenter's support for the EPA's approval of Oregon's
SIP submission. However, the same commenter also expressed concern
about two specific items in our proposed action. First, the commenter
speculated about the potential impact to the permitting program and its
transparency if the permit fee table (listing the specific dollar
amounts charged to facility owners and operators for various types of
permit actions) were removed from the SIP. The permit fee table in
question is table 2 of Oregon Administrative Rules (OAR) 340-216-8020.
In response to the comment, the EPA reiterates what was stated in
the proposed action \1\ and further elaborates. In the March 27, 2023,
submission, Oregon requested to remove the permit fee table from the
SIP. The table codifies in State regulation the specific amounts to be
charged by the State of Oregon to facility owners and operators for
various types of permit actions. This table is revised periodically by
the State to account for inflation and State-initiated revenue
adjustments. However, there is no Clean Air Act requirement to include
this itemized list in the SIP. States may decide to maintain such
provisions as State-only regulations. Importantly, the requirement to
pay pre-construction permit fees remains in the SIP, consistent with
Clean Air Act section 110(a)(2)(L).\2\ Therefore, the EPA's position
remains that the SIP submission meets Clean Air Act requirements.
---------------------------------------------------------------------------
\1\ See 89 FR 22363, April 1, 2024, at page 22367.
\2\ OAR-340-216-8020(1).
---------------------------------------------------------------------------
With respect to transparency, the table of permit fees remains
codified as a matter of State law in the OAR and is readily available
to the public and regulated entities on the Oregon Secretary of State
website.\3\ The Oregon Department of Environmental Quality continues to
implement the permitting program and charge the associated fees listed
in the permit fee table, as required. Therefore, we find that there is
no anticipated impact to transparency.
---------------------------------------------------------------------------
\3\ https://www.sos.oregon.gov/archives.
---------------------------------------------------------------------------
Second, the same commenter expressed concern about removing text
from the SIP-approved Oregon rules that historically tightened opacity
limits related to visible emissions. While the commenter did not cite
to the specific regulation change, we infer that the commenter was
referring to the changes to OAR 340-208-0110.
In response to this comment, the EPA believes the commenter has
misunderstood Oregon's rule revisions and the basis of the EPA's
proposed action. As part of the March 27, 2023 SIP submission, Oregon
submitted revisions to OAR 340-208-0110. The revisions removed obsolete
text that, in the past, phased in tighter, 20 percent opacity limits
starting on January 1, 2020. These tighter, 20 percent opacity limits
have been fully phased in and are now widely applicable. Therefore, the
text that allowed greater than 20 percent opacity prior to January 1,
2020, is obsolete. Removing this obsolete text from the SIP makes the
rules clearer and easier to implement and has no substantive impact on
the opacity standards in Oregon's SIP. Therefore, approval of this
revision is appropriate.
Comment 2 and EPA Responses
The second commenter stated that they do not feel Oregon does
enough to protect the public from air pollution and that the efforts
the State does make are not equitable or fair. As an example, the
commenter referenced the motor vehicle inspection and maintenance
program that requires emissions testing in Portland and other
metropolitan areas, but does not require such testing statewide.
The EPA acknowledges the comment, however, the commenter does not
indicate with specificity why approval of Oregon's revisions to its
SIP-approved permitting rules is inconsistent with the Clean Air Act or
otherwise inappropriate.
In addition, the EPA does not consider comments on the SIP-approved
Oregon motor vehicle inspection and maintenance program to be within
the scope of this action. Revisions to the inspection and maintenance
program requirements of Division 256 in the OAR were most recently
approved by the EPA on July 12, 2022 and we are not in this action
revisiting our prior decision (87 FR 41256). Likewise, comments on
potential future changes to the SIP-approved motor vehicle inspection
and maintenance program that have not been submitted to the EPA for SIP
approval are outside the scope of this action.
Comment 3 and EPA Responses
The third commenter expressed concern about air emissions from
cannabis farms and urged that Federal charges be reestablished. The
commenter pointed to studies of the potential for volatile organic
compound emissions from cannabis farms to contribute to ozone
formation. The EPA acknowledges the comment, however, the comment is
outside the scope of this action and does not indicate that the EPA's
approval of the SIP submission is inconsistent with the CAA. Federal
oversight of cannabis farms is unrelated to this action. This action
addresses changes to the Oregon regulations governing stationary source
permitting in the State, including changes to eliminate generic plant
site emission limits, update construction notification requirements,
clarify the use of
[[Page 59612]]
modeling and monitoring for compliance assurance, and streamline the
permit application process.
Comment 4 and EPA Responses
The fourth commenter appears to support the EPA's proposed action.
The EPA acknowledges the commenter's support of the EPA's approval of
Oregon's SIP submission.
For the reasons stated in our proposed action (89 FR 22363, April
1, 2024) and in section II. of this preamble, the EPA is finalizing its
action as proposed.
III. Final Action
The EPA is approving revisions to the Oregon SIP submitted on March
27, 2023.\4\ The following paragraphs detail our incorporations by
reference.
---------------------------------------------------------------------------
\4\ We are deferring action on the submitted changes to OAR-340-
214-0330, because we intend to address the changes in a separate,
future action.
---------------------------------------------------------------------------
A. Rule Sections To Be Incorporated by Reference
The EPA is incorporating specific OAR sections by reference into
the Code of Federal Regulations (CFR). Upon the effective date of this
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
(identifying the areas in Oregon designated as sustaining the relevant
air quality standard);
OAR 340-204-0310 Designation of Reattainment Areas
(identifying the 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 Division 216 regarding 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 (establishing netting basis
requirements);
OAR 340-224-0030 New Source Review Procedural Requirements
(establishing application and processing procedures for new source
review permits);
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);
[[Page 59613]]
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 removing from incorporation by reference the following
provisions:
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 finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, we are finalizing the incorporation by reference of the
Oregon regulatory provisions described in section III. of this preamble
and set forth in the amendments to 40 CFR part 52 in this document. The
EPA has made, and will continue to make, these materials 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).
Therefore, these materials have been approved by the EPA for inclusion
in the SIP, have been incorporated by reference by the EPA into that
plan, are fully federally enforceable under sections 110 and 113 of the
Clean Air Act as of the effective date of the final rule of the EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\5\
---------------------------------------------------------------------------
\5\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
Also in this document, the EPA is removing 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, the EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements
[[Page 59614]]
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.
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 this action, it 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
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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications and it will
not impose substantial direct costs on Tribal governments or preempt
Tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 23, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 12, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, the EPA amends 40 CFR
part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart MM--Oregon
0
2. In Sec. 52.1970, in paragraph (c), table 2 is amended by:
0
a. Removing the headings ``Division 21 General Emission Standards for
Particulate Matter'' and ``Industrial Contingency Requirements for PM-
10 Nonattainment Areas'' and the entries ``021-200'', ``021-205'',
``021-210'', ``021-215'', ``021-220'', ``021-225'', ``021-230'', ``021-
235'', ``021-240'', and ``021-245'';
0
b. Revising the entries ``200-0020'', ``200-0025'', ``200-0035'',
``204-0300'', ``204-0310'', ``206-0010'', ``208-0110'', ``209-0080'',
``210-0100'', and ``210-0205'';
0
c. Removing the entry ``210-0215'';
0
d. Revising the entries ``210-0225'', ``210-0230'', ``210-0240'',
``210-0250'', ``214-0110'', ``214-0114'', ``214-0130'', ``216-0020'',
``216-0025'', ``216-0040'', ``216-0054'', ``216-0056''; ``216-0060'',
``216-0064'', ``216-0066'', ``216-0068'', ``216-0082'', ``216-0084'',
``216-8010'', ``216-8020'', ``222-0020'', and ``222-0035'';
0
e. Removing the entry ``222-0040''; and
0
f. Revising the entries ``222-0041'', ``222-0042'', ``222-0046'',
``224-0030'', ``224-0520'', ``224-0530'', ``225-0030'', ``225-0050'',
``225-0070'', ``226-0100'', ``226-0130'', ``226-0140'', ``226-0210'',
``228-0210'', ``232-0030'', ``232-0040'', ``232-0090'', ``232-0160'',
``232-0170'', ``234-0010'', ``234-0210'', and ``236-8010''.
The revisions read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
[[Page 59615]]
Table 2--EPA-Approved Oregon Administrative Rules (OAR) \1\
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 200--General Air Pollution Procedures and Definitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
200-0020............. General Air 3/1/2023 June 23, 2024,
Quality [INSERT FIRST
Definitions. PAGE OF FEDERAL
REGISTER
CITATION].
200-0025............. Abbreviations 3/1/2023 June 23, 2024,
and Acronyms. [INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
200-0035............. Reference 3/1/2023 June 23, 2024,
Materials. [INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 204--Designation of Air Quality Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Designation of Areas
----------------------------------------------------------------------------------------------------------------
204-0300............. Designation of 3/1/2023 June 23, 2024,
Sustainment [INSERT FIRST
Areas. PAGE OF FEDERAL
REGISTER
CITATION].
204-0310............. Designation of 3/1/2023 June 23, 2024,
Reattainment [INSERT FIRST
Areas. PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 206--Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
206-0010............. Introduction.... 3/1/2023 June 23, 2024,
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 208--Visible Emissions and Nuisance Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Visible Emissions
----------------------------------------------------------------------------------------------------------------
208-0110............. Visible Air 3/1/2023 June 23, 2024,
Contaminant [INSERT FIRST
Limitations. PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 209--Public Participation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
209-0080............. Issuance or 3/1/2023 June 23, 2024,
Denial of a [INSERT FIRST
Permit. PAGE OF FEDERAL
REGISTER
CITATION].
----------------------------------------------------------------------------------------------------------------
Division 210--Stationary Source Notification Requirements
----------------------------------------------------------------------------------------------------------------
[[Page 59616]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Registration
----------------------------------------------------------------------------------------------------------------
210-0100............. Registration in 3/1/2023 June 23, 2024,
General. [INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Notice of Construction and Approval of Plans
----------------------------------------------------------------------------------------------------------------
210-0205............. Applicability 3/1/2023 June 23, 2024, Except paragraph (3).
and [INSERT FIRST
Requirements. PAGE OF FEDERAL
REGISTER
CITATION].
210-0225............. Types of 3/1/2023 June 23, 2024,
Construction/ [INSERT FIRST
Modification PAGE OF FEDERAL
Changes. REGISTER
CITATION].
210-0230............. Types of Notice 3/1/2023 June 23, 2024,[
to Construct INSERT FIRST
Application. PAGE OF FEDERAL
REGISTER
CITATION].
210-0240............. Construction 3/1/2023 June 23, 2024,
Approval. [INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
210-0250............. Approval to 3/1/2023 June 23, 2024,
Operate. [INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 214--Stationary Source Reporting Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Reporting
----------------------------------------------------------------------------------------------------------------
* * * * * * *
214-0110............. Request for 3/1/2023 June 23, 2024,
Information. [INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
214-0114............. Records; 3/1/2023 June 23, 2024,
Maintaining and [INSERT FIRST
Reporting. PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
214-0130............. Reporting: 3/1/2023 June 23, 2024,
Information [INSERT FIRST
Exempt from PAGE OF FEDERAL
Disclosure. REGISTER
CITATION.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 216--Air Contaminant Discharge Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
216-0020............. Applicability 3/1/2023 June 23, 2024,
and [INSERT FIRST
Jurisdiction. PAGE OF FEDERAL
REGISTER
CITATION].
216-0025............. Types of Permits 3/1/2023 June 23, 2024,
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
216-0040............. Application 3/1/2023 June 23, 2024,
Requirements. [INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
[[Page 59617]]
* * * * * * *
216-0054............. Short Term 3/1/2023 June 23, 2024,
Activity ACDPs. [INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
216-0056............. Basic ACDPs..... 3/1/2023 June 23, 2024,
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
216-0060............. General Air 3/1/2023 June 23, 2024,
Contaminant [INSERT FIRST
Discharge PAGE OF FEDERAL
Permits. REGISTER
CITATION].
* * * * * * *
216-0064............. Simple ACDPs.... 3/1/2023 June 23, 2024,
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
216-0066............. Standard ACDPs.. 3/1/2023 June 23, 2024,
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
216-0068............. Simple and 3/1/2023 June 23, 2024,
Standard ACDP [INSERT FIRST
Attachments. PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
216-0082............. Expiration, 3/1/2023 June 23, 2024,
Termination, [INSERT FIRST
Reinstatement PAGE OF FEDERAL
or Revocation REGISTER
of an ACDP. CITATION].
216-0084............. Department 3/1/2023 June 23, 2024,
Initiated [INSERT FIRST
Modification. PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
216-8010............. Table 1-- 3/1/2023 June 23, 2024,
Activities and [INSERT FIRST
Sources. PAGE OF FEDERAL
REGISTER
CITATION].
216-8020............. Table 2--Air 3/1/2023 June 23, 2024, Except paragraph (2) and Table 2.
Contaminant [INSERT FIRST
Discharge PAGE OF FEDERAL
Permits. REGISTER
CITATION].
----------------------------------------------------------------------------------------------------------------
Division 222--Stationary Source Plant Site Emission Limits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
222-0020............. Applicability 3/1/2023 June 23, 2024,
and [INSERT FIRST
Jurisdiction. PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Criteria for Establishing Plant Site Emission Limits
----------------------------------------------------------------------------------------------------------------
222-0035............. General 3/1/2023 June 23, 2024,
Requirements [INSERT FIRST
for PAGE OF FEDERAL
Establishing REGISTER
All PSELs. CITATION].
222-0041............. Annual PSELs.... 3/1/2023 June 23, 2024,
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
222-0042............. Short Term PSEL. 3/1/2023 June 23, 2024,
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
222-0046............. Netting Basis... 3/1/2023 June 23, 2024,
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 224--New Source Review
----------------------------------------------------------------------------------------------------------------
[[Page 59618]]
* * * * * * *
224-0030............. New Source 3/1/2023 June 23, 2024,
Review [INSERT FIRST
Procedural PAGE OF FEDERAL
Requirements. REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Net Air Quality Benefit Emission Offsets
----------------------------------------------------------------------------------------------------------------
* * * * * * *
224-0520............. Requirements for 3/1/2023 June 23, 2024,
Demonstrating [INSERT FIRST
Net Air Quality PAGE OF FEDERAL
Benefit for REGISTER
Ozone Areas. CITATION].
224-0530............. Requirements for 3/1/2023 June 23, 2024,
Demonstrating [INSERT FIRST
Net Air Quality PAGE OF FEDERAL
Benefit for Non- REGISTER
Ozone Areas. CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 225--Air Quality Analysis
----------------------------------------------------------------------------------------------------------------
* * * * * * *
225-0030............. Procedural 3/1/2023 June 23, 2024,
Requirements. [INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
225-0050............. Requirements for 3/1/2023 June 23, 2024,
Analysis in PSD [INSERT FIRST
Class I and PAGE OF FEDERAL
Class III Areas. REGISTER
CITATION].
* * * * * * *
225-0070............. Requirements for 3/1/2023 June 23, 2024,
Demonstrating [INSERT FIRST
Compliance with PAGE OF FEDERAL
Air Quality REGISTER
related Values CITATION].
Protection.
----------------------------------------------------------------------------------------------------------------
Division 226--General Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Highest and Best Practicable Treatment and Control
----------------------------------------------------------------------------------------------------------------
226-0100............. Policy and 3/1/2023 June 23, 2024,
Application. [INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
226-0130............. Typically 3/1/2023 June 23, 2024,
Achievable [INSERT FIRST
Control PAGE OF FEDERAL
Technology REGISTER
(TACT). CITATION].
226-0140............. Additional 3/1/2023 June 23, 2024,
Control [INSERT FIRST
Requirements PAGE OF FEDERAL
for Stationary REGISTER
Sources of Air CITATION].
Contaminants.
----------------------------------------------------------------------------------------------------------------
Grain Loading Standards
----------------------------------------------------------------------------------------------------------------
226-0210............. Grain Loading 3/1/2023 June 23, 2024,
Standards: [INSERT FIRST
Particulate PAGE OF FEDERAL
Emission REGISTER
Limitations for CITATION].
Sources Other
Than Fuel
Burning
Equipment,
Refuse Burning
Equipment and
Fugitive
Emissions.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 228--Requirements for Fuel Burning Equipment and Fuel Sulfur Content
----------------------------------------------------------------------------------------------------------------
[[Page 59619]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
General Emission Standards for Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
* * * * * * *
228-0210............. General Emission 3/1/2023 June 23, 2024,
Standards for [INSERT FIRST
Fuel Burning PAGE OF FEDERAL
Equipment: REGISTER
Grain Loading CITATION].
Standards.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 232--Emission Standards for VOC Point Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
232-0030............. Definitions..... 3/1/2023 June 23, 2024,
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
232-0040............. General Non- 3/1/2023 June 23, 2024,
Categorical [INSERT FIRST
Requirements. PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
232-0090............. Bulk Gasoline 3/1/2023 June 23, 2024,
Terminals [INSERT FIRST
Including Truck PAGE OF FEDERAL
and Trailer REGISTER
Loading. CITATION].
* * * * * * *
232-0160............. Surface Coating 3/1/2023 June 23, 2024,
in [INSERT FIRST
Manufacturing. PAGE OF FEDERAL
REGISTER
CITATION].
232-0170............. Aerospace 3/1/2023 June 23, 2024,
Component [INSERT FIRST
Coating PAGE OF FEDERAL
Operations. REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 234--Emission Standards for Wood Products Industries
----------------------------------------------------------------------------------------------------------------
* * * * * * *
234-0010............. Definitions..... 3/1/2023 June 23, 2024, Except (8) and (10).
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
* * * * * * *
234-0210............. Emission 3/1/2023 June 23, 2024, Except references to total reduced
Limitations. [INSERT FIRST sulfur.
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 236--Emission Standards for Specific Industries
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Hot Mix Asphalt Plants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
236-8010............. Process Weight 3/1/2023 June 23, 2024,
Table. [INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
[[Page 59620]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-15748 Filed 7-22-24; 8:45 am]
BILLING CODE 6560-50-P
