Current through Register Vol. 63, No. 3, March 1, 2024
(1)
(a) All areas in Oregon, except as otherwise
provided under OAR
340-204-0050,
are designated Class II as of December 5, 1974;
(b) Redesignation, except as otherwise
precluded by OAR
340-204-0050,
may be proposed by DEQ , as provided below, subject to approval by the EPA
Administrator as a revision to the SIP.
(2) DEQ may submit to the EPA Administrator a
proposal to redesignate areas of the state Class I or II provided that:
(a) At least one public hearing has been held
in accordance with procedures established in the SIP;
(b) Other states, Indian Governing Bodies,
and Federal Land Managers whose lands may be affected by the proposed
redesignation were notified at least 30 days prior to the public hearing;
(c) A discussion of the reasons
for the proposed redesignation, including a satisfactory description and
analysis of the health, environmental, economic, social and energy effects of
the proposed redesignation, was prepared and made available for public
inspection at least 30 days prior to the hearing and the notice announcing the
hearing contained appropriate notification of the availability of such
discussion;
(d) Prior to the
issuance of notice respecting the redesignation of an area that includes any
federal lands, DEQ has provided written notice to the appropriate Federal Land
Manager and afforded adequate opportunity, not in excess of 60 days to confer
with DEQ respecting the redesignation and to submit written comments and
recommendations. In redesignating any area with respect to which any Federal
Land Manager had submitted written comments and recommendations, DEQ must have
published a list of any inconsistency between such redesignation and such
comments and recommendations together with the reasons for making such
redesignation against the recommendation of the Federal Land Manager; and
(e) DEQ has proposed the
redesignation after consultation with the elected leadership of local general
purpose governments in the area covered by the proposed redesignation.
(3) Any area other than
an area to which OAR
340-204-0050
refers may be redesignated as Class III if:
(a) The redesignation would meet the
requirements of section (2);
(b)
The redesignation, except any established by an Indian Governing Body, has been
specifically approved by the Governor, after consultation with the appropriate
committees of the legislature, if it is in session, or with the leadership of
the legislature, if it is not in session, unless state law provides that the
redesignation must be specifically approved by state legislation, and if
general purpose units of local government representing a majority of the
residents of the area to be redesignated enact legislation or pass resolutions
concurring in the redesignation;
(c) The redesignation would not cause, or
contribute to, a concentration of any regulated pollutant which would exceed
any maximum allowable increase permitted under the classification of any other
area or any ambient air quality standard; and
(d) Any permit application for any major
stationary source or major modification, subject to review under section (1),
which could receive a permit under this section only if the area in question
were redesignated as Class III, and any material submitted as part of that
application, were available insofar as was practicable for public inspection
prior to any public hearing on redesignation of the area as Class III.
(4) Lands within the
exterior boundaries of Indian Reservations may be redesignated only by the
appropriate Indian Governing Body.
(5) The EPA Administrator may disapprove,
within 90 days of submission, a proposed redesignation of any area only if he
finds, after notice and opportunity for public hearing, that such redesignation
does not meet the procedural requirements of this paragraph or is inconsistent
with OAR
340-204-0050.
If any such disapproval occurs, the classification of the area must be that
which was in effect prior to the redesignation which was disapproved.
(6) If the EPA Administrator
disapproves any proposed redesignation, DEQ may resubmit the proposal after
correcting the deficiencies noted by the EPA Administrator.
NOTE: This rule is included in the State of Oregon
Clean Air Act Implementation Plan that EQC adopted under OAR
340-200-0040.
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS 468A.025 &
468A.035