[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20738]
[[Page Unknown]]
[Federal Register: August 24, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OR-16-1-5536a; OR-43-1-6523a; FRL-5025-8]
Approval and Promulgation of State Implementation Plans: Oregon
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA approves the state implementation plan (SIP) revision
submitted by the State of Oregon for the purpose of bringing about the
attainment of the national ambient air quality standards (NAAQS) for
particulate matter with an aerodynamic diameter less than or equal to a
nominal 10 micrometers (PM-10). The implementation plan was submitted
by the State to satisfy certain Federal requirements for an approvable
moderate nonattainment area PM-10 SIP for the Eugene-Springfield,
Oregon, PM-10 nonattainment area. In addition, EPA approves title 16 of
the Lane Regional Air Pollution Authority for inclusion into the Oregon
SIP. Title 16 establishes permanent rules prohibiting the use of
woodstoves and other solid-fuel space heating devices under certain
circumstances in Lane County and the cities of Eugene and Springfield,
Oregon.
DATES: This final rule will be effective on October 24, 1994 unless
adverse or critical comments are received by September 23, 1994. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to: Montel Livingston,
SIP Manager, Air & Radiation Branch (AT-082), EPA, Docket #OR-16-1-
5536, 1200 Sixth Avenue, Seattle, Washington 98101.
Documents which are incorporated by reference are available for
public inspection at the Air and Radiation Docket and Information
Center, EPA, 401 M Street, SW., Washington, DC 20460. Copies of
material submitted to EPA may be examined during normal business hours
at the following locations: EPA, Region 10, Air & Radiation Branch,
1200 Sixth Avenue (AT-082), Seattle, Washington 98101, and the Oregon
Department of Environmental Quality, 811 SW. Sixth Avenue, Portland,
Oregon 97204-1390.
FOR FURTHER INFORMATION CONTACT: Rindy Ramos, EPA, 1200 Sixth Avenue,
AT-082, Seattle, Washington, 98101, (206) 553-6510.
SUPPLEMENTARY INFORMATION:
I. Background
The area within the Eugene-Springfield, Oregon, Urban Growth
Boundary (UGB), was designated nonattainment for PM-10 and classified
as moderate under sections 107(d)(4)(B) and 188(a) of the Clean Air Act
(CAA), upon enactment of the Clean Air Act Amendments (CAAA) of
1990.\1\ See 56 FR 56694 (November 6, 1991) and 40 CFR 81.339. The air
quality planning requirements for moderate PM-10 nonattainment areas
are set out in subparts 1 and 4 of title I of the Act.\2\ EPA has
issued a ``General Preamble'' describing EPA's preliminary views on how
EPA intends to review SIP's and SIP revisions submitted under title I
of the Act, including those state submittals containing moderate PM-10
nonattainment area SIP requirements (see generally 57 FR 13498 (April
16, 1992) and 57 FR 18070 (April 28, 1992)). Because EPA is describing
its interpretations here only in broad terms, the reader should refer
to the General Preamble for a more detailed discussion of the
interpretations of Title I advanced in this approval and the supporting
rationale. In this rulemaking action for the State of Oregon's moderate
PM-10 SIP for the Eugene-Springfield nonattainment area, EPA is
approving its interpretations, taking into consideration the specific
factual issues presented. Additional information supporting EPA's
action on this particular area is available for inspection at the
address indicated above. EPA will consider any timely comments received
by the date indicated above.
---------------------------------------------------------------------------
\1\The 1990 Amendments to the Clean Air Act made significant
changes to the Act. See Public Law No. 101-549, 104 Stat. 2399.
References herein are to the Clean Air Act, as amended (``the
Act''). The Clean Air Act is codified, as amended, in the U.S. Code
at 42 U.S.C. 7401, et seq.
\2\Subpart 1 contains provisions applicable to nonattainment
areas generally and subpart 4 contains provisions specifically
applicable to PM-10 nonattainment areas. At times, subpart 1 and
subpart 4 overlap or conflict. EPA has attempted to clarify the
relationship among these provisions in the ``General Preamble'' and,
as appropriate, in this document and supporting information.
---------------------------------------------------------------------------
Those states containing initial moderate PM-10 nonattainment areas
(those areas designated nonattainment under section 107(d)(4)(B)) were
required to submit, among other things, the following provisions by
November 15, 1991:
1. Provisions to assure that reasonably available control measures
(RACM) (including such reductions in emissions from existing sources in
the area as may be obtained through the adoption, at a minimum, of
reasonably available control technology (RACT)) shall be implemented no
later than December 10, 1993;
2. Either a demonstration (including air quality modeling) that the
plan will provide for attainment as expeditiously as practicable but no
later than December 31, 1994, or a demonstration that attainment by
that date is impracticable;
3. Quantitative milestones which are to be achieved every 3 years
and which demonstrate reasonable further progress (RFP) toward
attainment by December 31, 1994; and
4. Provisions to assure that the control requirements applicable to
major stationary sources of PM-10 also apply to major stationary
sources of PM-10 precursors except where the Administrator determines
that such sources do not contribute significantly to PM-10 levels which
exceed the NAAQS in the area. See sections 172(c), 188, and 189 of the
Act.
States with initial moderate PM-10 nonattainment areas were
required to submit a permit program for the construction and operation
of new and modified major stationary sources of PM-10 by June 30, 1992
(see section 189(a)). Such states also must submit contingency measures
by November 15, 1993, which become effective without further action by
the state or EPA, upon a determination by EPA that the area has failed
to achieve RFP or to attain the PM-10 NAAQS by the applicable statutory
deadline (see section 172(c)(9) and 57 FR 13543-13544). Oregon has made
submittals in response to both of the above described requirements. EPA
intends to address that submittal containing the new source review
permit program in a separate document.
II. This Action
Section 110(k) of the Act sets out provisions governing EPA's
review of SIP submittals (see 57 FR 13565-13566). In this action, EPA
is approving the plan revision submitted to EPA on November 15, 1991.
EPA has determined that the submittal meets all of the applicable
requirements of the Act.
Analysis of State Submission
1. Procedural Background
The Act requires states to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
EPA. Section 110(a)(2) of the Act provides that each implementation
plan submitted by a state must be adopted after reasonable notice and
public hearing.\3\ Section 110(l) of the Act similarly provides that
each revision to an implementation plan submitted by a state under the
Act must be adopted by such state after reasonable notice and public
hearing.
---------------------------------------------------------------------------
\3\Also Section 172(c)(7) of the Act requires that plan
provisions for nonattainment areas meet the applicable provisions of
section 110(a)(2).
---------------------------------------------------------------------------
EPA also must determine whether a submittal is complete and
therefore warrants further EPA review and action (see section 110(k)(1)
and 57 FR 13565). EPA's completeness criteria for SIP submittals are
set out at 40 CFR part 51, appendix V. EPA attempts to make
completeness determinations within 60 days of receiving a submission.
However, a submittal is deemed complete by operation of law if a
completeness determination is not made by EPA six months after receipt
of the submission.
The State of Oregon and Lane Regional Air Pollution Authority
(LRAPA) held a concurrent public hearing on the original Eugene-
Springfield PM-10 plan on January 30, 1990. On January 31, 1991, the
Oregon Environmental Quality Commission (OEQC), adopted the plan as
part of the Oregon SIP. The State and LRAPA subsequently held a
concurrent public hearing on an addendum to the plan on October 1,
1991, in Springfield, Oregon. This addendum, including appendix L, was
adopted by the Oregon Department of Environmental Quality (ODEQ) on
November 8, 1991. The original plan and the addendum were submitted to
EPA on November 15, 1991, as a revision to the SIP.
The SIP revision was reviewed by EPA to determine completeness
shortly after its submittal, in accordance with the completeness the
criteria set out at 40 CFR part 51, appendix V. A letter dated May 7,
1992, was forwarded to the Director of ODEQ indicating the completeness
of the submittal and the next steps to be taken in the review process.
In this action EPA is approving the State of Oregon's PM-10 SIP
submittal for the Eugene-Springfield PM-10 nonattainment area and
invites public comment on the action.
2. Accurate Emissions Inventory
Section 172(c)(3) of the Act requires that nonattainment plan
provisions include a comprehensive, accurate, current inventory of
actual emissions from all sources of relevant pollutants in the
nonattainment area. The emissions inventory should also include a
comprehensive, accurate, and current inventory of allowable emissions
in the area. See, e.g., section 110(a)(2)(K) of the Act. Because the
submission of such inventories are necessary to an area's attainment
demonstration (or demonstration that the area cannot practicably
attain), the emissions inventories must be received with the submission
(see 57 FR 13539).
The 1985 base year emission inventory developed for the Eugene-
Springfield UGB identified the major sources of PM-10 concentrations
during 24-hour worst case winter periods as residential wood combustion
(68%), industrial emissions (26%), fugitive dust (4%), and other
sources, including but not limited to, transportation, open and
prescribed burning (2%). Annual emissions for the same timeframe were
residential wood combustion (34%), industrial emissions (54%), fugitive
dust (6%), and other sources (5%).
EPA is approving the emissions inventory because it generally
appears to be accurate and comprehensive, and provides a sufficient
basis for determining the adequacy of the attainment demonstration for
this area consistent with the requirements of sections 172(c)(3) and
110(a)(2)(K) of the Clean Air Act.4
---------------------------------------------------------------------------
\4\The EPA issued guidance on PM-10 emissions inventories prior
to the enactment of the Clean Air Act Amendments in the form of the
1987 PM-10 SIP Development Guideline. The guidance provided in this
document appears to be consistent with the Act. See section 193 of
the Act.
---------------------------------------------------------------------------
3. RACM (Including RACT)
As noted, the initial moderate PM-10 nonattainment areas must
submit provisions to assure that RACM (including RACT) are implemented
no later than December 10, 1993 (see sections 172(c)(1) and
189(a)(1)(C)). The General Preamble contains a detailed discussion of
EPA 's interpretation of the RACM (including RACT) requirement (see 57
FR 13539-13545 and 13560-13561).
LRAPA performed a technical and cost analysis to evaluate available
control measures. This analysis is presented in appendix E and F to the
SIP. Using EPA modeling guidelines and protocols, the analysis showed
that with some exceptions, local industrial sources currently meet or
exceed RACT. Further, RACM (including RACT) does not require the
implementation of all available control measures where an area
demonstrates timely attainment and the implementation of additional
controls would not expedite attainment. 57 FR 13540-13544. Based on the
available control measures adopted (described below), the SIP
demonstrates that attainment of the PM-10 NAAQS will be achieved by
December 31, 1992 (two years prior to the CAA attainment date of
December 31, 1994). The SIP also demonstrates continued maintenance of
the NAAQS between December 1992 and the year 2000. PM-10 emissions from
industrial point sources (26%), primarily wood products industry, had
substantially less of an impact on the 24-hour standard than
residential wood combustion (68%). A cost benefit comparison of
alternate strategies showed that implementation of a woodsmoke
curtailment program would achieve expeditious air quality improvements
at a much lower cost than would additional point source control.
Accordingly, EPA is approving the existing industrial controls as
meeting the RACM (including RACT) requirement.
A. Mandatory Woodburning Curtailment Program
A mandatory woodburning curtailment program became fully
implemented on November 1, 1991. Each of the three jurisdictions in the
nonattainment area enacted ordinances prohibiting the use of solid-fuel
space heating devices under certain conditions. Enforcement of the
ordinances have been delegated by Lane County, the City of Eugene, and
the City of Springfield to LRAPA. Prior to the mandatory program, a
voluntary program had been in place for five years. The following is a
brief discussion of the program's key elements. For a detailed analysis
and discussion, the reader is referred to the Technical Support
Document (TSD) that corresponds with this action.
During the 1992/1993 woodheating season, LRAPA used a combination
advertising campaign using radio and billboard advertising, press
releases and taped television public service announcements. In
addition, during the last 2\1/2\ years, there have been approximately
20 visits with local schools and several presentations to various local
groups, e.g. real estate, church. The purpose of these visits was to
discuss pertinent elements of the curtailment program, proper woodstove
operation and maintenance, and air pollution in general.
Woodburning advisories are made daily by 1 p.m. between the first
of November and the end of February via local television and radio
stations. An empirical formula (based on the previous 24-hour
nephelometer readings and the predicted afternoon ventilation index) is
used to predict the present day's PM-10 level. The predicted PM-10
level determines whether a green, yellow, stage I red, or stage II red
advisory is issued.
Woodburning curtailment advisories are issued at four levels; 1) a
green advisory is made when the ambient PM-10 concentration is expected
to be 74 g/m3 or less, 2) a yellow advisory is issued when the
ambient PM-10 concentration is expected to be greater than 75
g/m3 but less than 88 g/m3, 3) a Stage I Red advisory
is issued when the ambient concentration is expected to be greater than
88 g/m3 but less than 125 g/m3, 4) a State II Red
advisory is issued when the ambient concentration is expected to be
greater than 125 g/m3.
During a Stage I Red Advisory, any solid fuel space heating device
(e.g. certified woodstove, uncertified woodstove, or pellet stove) may
be operated provided it does not emit visible emissions. Exemptions to
complying with this advisory include sole source and low income.
During a State II Red Advisory, sole source and low income
exemptions are granted. Also, pellet stoves may be operated provided
they do not emit visible emissions. All other solid fuel space heating
devices are prohibited from operation.
As stated above, LRAPA can grant an exemption from complying with a
Stage I and Stage II Red Advisory provided that the solid fuel space
heating device is the sole source of heat for a specific residence.
Individual exemptions expire on July 1 of each year and must be renewed
annually. This exemption shall not be issued by LRAPA after June 30,
1996.
An exemption based on economic need can also be granted. Persons in
charge of property who satisfy criteria established under the Low
Income Energy Assistance Program as administered by the Lane County
Housing Authority and as established by the United States Department of
Energy are exempt from Stage I and Stage II Red Advisories. Individual
exemptions shall expire on July 1 of each year and must be renewed
annually.
The woodburning curtailment program has a surveillance and
enforcement element. A standard operating procedure and evaluation
measure has been developed for use during red advisories. During
surveillance and effectiveness evaluations, infra-red detectors are
used at night to detect 'hot' chimneys. During a red advisory, visible
emissions will be documented and a Notice of Violation, including those
with civil penalties, will be issued. Persons who receive the notice
may either pay the fine or appeal the civil penalty. Fines range from
$50.00 to $400.00.
LRAPA requests a 70% reduction credit for the curtailment program.
This requested credit is greater than the 50% generally suggested by
EPA for a mandatory curtailment program. However, the recommended 50%
credit is viewed by EPA as a ``starting point in assessing the
effectiveness of residential wood combustion control programs.'' Final
judgement of the amount of credit to be granted, is determined by EPA
regional offices, based on the program elements outlined in EPA's
Guidance Document for Residential Wood Combustion Emission Control
Measures, EPA-4450/2-89-015, September 1989.
Since implementation of the mandatory program in November 1991,
ambient PM-10 concentrations have not deteriorated to the point where
the issuance of a red advisory has been needed to protect the NAAQS.
Therefore, LRAPA has not conducted a compliance survey during a red
advisory. However; during the 1991/1992 and the 1992/1993 woodheating
seasons, LRAPA did conduct several surveys during green and yellow
advisories. These surveys indicate that between 52% and 78% of the
dwellings equipped with woodstoves were not using wood as a source of
home heat.
Even though results from the above surveys are somewhat
inconclusive since the surveys were conducted during green and yellow
advisories, the results do indicate that LRAPA's public education/
awareness program is quite effective. Additionally, preliminary results
from a 1992 wood user's survey indicates that between the 1985 base
year and 1992, annual PM-10 emissions from home heating have declined
by approximately 60%. This corresponds to a 40% reduction in cord wood
consumption.
Considering the above program elements, survey results, and the
phasing out of the sole source exemptions, EPA believes that the 70%
credit is achievable and is being achieved and therefore proposes to
accept the credit claimed. EPA has also considered that fact that the
area has not violated the 24-hour standard since January, 1987 (first
year of a voluntary curtailment program), and has never violated the
annual standard. Accordingly, EPA has determined that the mandatory
curtailment program is sufficient to meet RACM.
Additionally, even though the area is not in violation of the
annual standard, the expected emission reductions to be achieved by
this strategy will help insure continued compliance with the annual
standard.
B. Other Sources
Where sources of PM-10 contribute insignificantly to the PM-10
problem in the area, EPA's policy is that it would be unreasonable to
require the sources to implement potentially available control measures
and, therefore, the RACM requirement does not dictate the
implementation of such controls. (57 FR 13540).
LRAPA determined through its analysis of the nonattainment area
that emissions from fugitive dust sources and emissions from prescribed
and open burning activities were not significant sources of PM-10
emissions. On an annual basis, fugitive dust accounts for 6% of the PM-
10 emission inventory. Emissions from prescribed and open burning added
together account for less than 1% of the nonattainment area's PM-10
emissions on an annual basis. Further, as indicated above, the control
measures contained in the SIP provide for expeditious attainment of the
PM-10 NAAQS. Therefore, the attainment plan does not include additional
control measures for these sources.
EPA has reviewed ODEQ's submittals and associated documentation and
concluded that they adequately justify the control measures to be
implemented. Implementation of the Eugene-Springfield PM-10
nonattainment plan control strategy will result in the attainment of
the PM-10 NAAQS as expeditiously as practicable and no later than
December 31, 1994. By this document, EPA is approving ODEQ's control
strategy as satisfying the RACM (including RACT) requirement.
4. Demonstration
As noted, the initial moderate PM-10 nonattainment areas must
submit a demonstration (including air quality modeling) showing that
the plan will provide for attainment as expeditiously as practicable
but no later than December 31, 1994 (see section 189(a)(1)(B) of the
Act). The General Preamble sets out EPA's guidance on the use of
modeling for moderate area attainment demonstrations (57 FR 13539).
Alternatively, the State must show attainment by December 31, 1994, or
that attainment is impracticable. The 24-hour PM-10 NAAQS is 150
micrograms/cubic meter (g/m3), and the standard is attained
when the expected number of days per calendar year with a 24-hour
average concentration above 150 g/m3 is equal to or less than
one (see 40 CFR 50.6). The annual PM-10 NAAQS is 50 g/m3, and
the standard is attained when the expected annual arithmetic mean
concentration is less than or equal to 50 g/m3 (id.).
LRAPA conducted an attainment demonstration based on dispersion
modeling; which, according to EPA's PM-10 SIP Development Guideline
(June 1987), is an acceptable method. In order to select the
appropriate model, LRAPA followed EPA's ``Protocol for Determining the
Best Performing Model'' (September 1987) in LRAPA's evaluation of the
Oregon GRID, WYNDvalley, and ISCST dispersion models. Based on its
analysis, Oregon GRID performed within EPA's approved limits of
accuracy and was determined to be the best performing model.
The time period selected for the 24-hour modeling analysis was from
December 11, 1985 through December 28, 1985. This was a period of
extensive poor ventilation with no precipitation, cold temperatures
(average daily temperatures near zero degrees centigrade) and light
winds (average daily wind speed of 1 to 2 meters per second). In
addition, 12 of the 15 exceedances of the 24-hour standard occurred
during December 1985. Since the area is in attainment with the annual
standard, LRAPA only modeled for attainment purposes the 24-hour
standard.
The uncontrolled 1992 modeled design value was determined to be 333
g/m3. Based on the modeling analysis, in order to attain the
24-hour standard throughout the airshed, a 65% reduction in PM-10
emissions at an unmonitored site (referred to in the study as the
Scenic site) is needed. The modeling exercise also determined that
approximately 97% of the local impact at this site (Scenic site) is
from home wood heating. After applying the 70% reduction in wood smoke
emissions due to the curtailment program, the modeling exercise
demonstrates that attainment of the 24-hour standard can be achieved at
this site and throughout the airshed. The demonstration predicted that
the 24-hour design concentration in the attainment year of 1992 will be
below 150 g/m3, thus demonstrating attainment of the 24-hour
PM-10 NAAQS. The SIP also demonstrates maintenance of the NAAQS through
the year 2000. Ambient data show that the area has never approached an
exceedance of the annual standard. Since no violations of the annual
NAAQS have been noted and the attainment demonstration shows attainment
of the 24-hour NAAQS, no violations of the annual NAAQS are likely.
Therefore, EPA has determined that ODEQ has adequately demonstrated
that the annual standard has been attained in the Eugene-Springfield
nonattainment area. More detailed description of the attainment
demonstration is contained in the TSD.
5. PM-10 Precursors
The control requirements which are applicable to major stationary
sources of PM-10, also apply to major stationary sources of PM-10
precursors unless EPA determines such sources do not contribute
significantly to PM-10 levels in excess of the NAAQS in that area (see
section 189(e) of the Act). The General Preamble contains guidance
addressing how EPA intends to implement section 189(e) (see 57 FR
13539-13540 and 13541-13542).
As previously discussed, LRAPA's technical analysis of candidate
control measures indicated that emissions from industrial point sources
had substantially less of an impact on the 24-hour standard than
residential wood combustion. Previous violations of the 24-hour
standard occurred during periods of extensive poor ventilation
(stagnation conditions) and cold temperatures. This further supports
the dispersion modeling exercise which indicated that approximately 97%
of the local impact at the highest modeled site in the UGB was from
woodsmoke emissions and that implementation of the woodsmoke
curtailment program would expeditiously demonstrate attainment with the
PM-10 NAAQS. Therefore, EPA believes that sources of PM-10 precursors
do not contribute significantly to PM-10 levels in excess of the NAAQS
and hereby grants the exclusion from control requirements authorized
under section 189(e) for major stationary sources of PM-10 precursors.
Note that while EPA is making a general finding for this area about
precursor contribution to PM-10 NAAQS exceedances, this finding is
based on the current character of the area including, for example, the
existing mix of sources in the area. It is possible, therefore, that
future growth could change the significance of precursors in the area.
6. Quantitative Milestones and Reasonable Further Progress
The PM-10 nonattainment area plan revisions demonstrating
attainment must contain quantitative milestones which are to be
achieved every three years until the area is redesignated attainment
and which demonstrates RFP, as defined in section 171(1), toward
attainment by December 31, 1994 (see section 189(c) of the CAA).
While section 189(c) plainly provides that quantitative milestones
are to be achieved until an area is redesignated attainment, it is
silent in indicating the starting point for counting the first 3-year
period or how many milestones must be initially addressed. In the
General Preamble, EPA addressed the statutory gap in the starting point
for counting the 3-year milestone, indicating that it would begin from
the due date for the applicable implementation plan revision containing
the control measures for the area (i.e., November 15, 1991 for initial
moderate PM-10 nonattainment areas) (see 57 FR 13539).
As to the number of milestones, EPA believes that at least two
milestones must be initially addressed. Thus, submittal to address the
SIP revisions due on November 15, 1991, for the initial moderate PM-10
nonattainment areas must demonstrate that two milestones will be
achieved (First milestone: November 15, 1991, through November 15,
1994; Second milestone: November 15, 1994, through November 15, 1997).
For the initial PM-10 nonattainment areas that demonstrate
attainment, the emissions reduction progress made between the SIP
submittal (due date of November 15, 1991) and the attainment date of
December 31, 1994 (46 days beyond the November 15, 1994 milestone date)
will satisfy the first quantitative milestone (see 57 FR 13539). For
areas that demonstrate timely attainment of the PM-10 NAAQS, the
milestones beyond the attainment achievement date should, at a minimum,
provide for continued maintenance of the standards.5
---------------------------------------------------------------------------
\5\Section 189(c) of the Act provides that quantitative
milestones are to be achieved ``until the area is redesignated
attainment.'' However, this endpoint for quantitative milestones is
speculative because redesignation of an area as attainment is
contingent upon several factors and future events. Therefore, EPA
believes it is reasonable for States to initially address at least
the first two milestones. Addressing two milestones will ensure that
the State continues to maintain the NAAQS beyond the attainment date
for at least some period during which an area could be redesignated
attainment. However, in all instances, additional milestones must be
addressed if an area is not redesignated attainment.
---------------------------------------------------------------------------
This SIP demonstrates attainment of the PM-10 NAAQS by December 31,
1992, and maintenance of the NAAQS through the year 2000, satisfying
three milestones. Therefore, EPA is approving the submittal as meeting
the quantitative milestone requirement currently due. Finally, once a
milestone has passed, the State will have to demonstrate that the
milestone was, in fact, achieved for the Eugene-Springfield area as
provided in section 189(c)(2) of the Act.
7. Enforceability Issues
All measures and other elements in the SIP must be enforceable by
LRAPA, ODEQ and EPA (See sections 172(c)(6), 110(a)(2)(A) and 57 FR
13556). EPA criteria addressing the enforceability of SIP's and SIP
revisions were stated in a September 23, 1987 memorandum (with
attachments) from J. Craig Potter, Assistant Administrator for Air and
Radiation, et al. (see 57 FR 13541). Nonattainment area plan provisions
must also contain a program that provides for enforcement of the
control measures and other elements in the SIP (see section
110(a)(2)(C)).
The woodsmoke curtailment program contained in the SIP was
addressed above under the section headed ``RACM (including RACT).'' The
SIP provides that this control strategy applies throughout the entire
nonattainment area.
Lane County, and the cities of Eugene and Springfield have enacted
ordinances prohibiting the use of solid-fuel space heating devices
under certain conditions (air stagnation episodes).
Lane County enacted Ordinance Number 9-90 (Lane Code (``LC'')
9.120-9.160). Eugene enacted Ordinance Number 19731 (Eugene Code
(``EC'') 6.250-6.270) and Springfield enacted Ordinance Number 5546
(Springfield Code (``SC'') 4-8-4). Each municipality also either
delegated enforcement of the ordinances to LRAPA (L.C. Sec. 9.145;
Springfield Code Sec. 4-8-4(4)), or authorized the City Manager to
delegate enforcement to LRAPA (Eugene Code Sec. 6.265). By
Administrative Order No. 44-92-10, the Eugene City Manager has
delegated authority to LRAPA to administer the ordinance. Thus, each
jurisdiction has authorized LRAPA to enforce the solid-fuel space
heating device ordinances. In addition, each jurisdiction has
authorized LRAPA to use its own regulations and procedures to enforce
the ordinances and to impose penalties.
The LRAPA Board of Directors adopted title 16, Home Wood Heating
Curtailment Program Enforcement, on July 13, 1993. This rule is the
mechanism LRAPA will employ in implementing the above ordinances. It
contains, among other things, a civil penalty schedule, a notice of
violation procedure, and the procedure to appeal a civil penalty. EPA
is approving the above ordinances and title 16 as part of the SIP.
The Eugene-Springfield SIP does not contain additional point source
controls to attain the standard, however, existing and federally
approved point source emission limitations are relied upon to maintain
and demonstrate attainment with the PM-10 NAAQS. EPA determined that
because the five-day advance notice provision required by ORS.126(1)
(1991) bars civil penalties from being imposed for certain permit
violations, ORS 468 fails to provide the adequate enforcement authority
that a state must demonstrate to obtain SIP approval, as specified in
Section 110 of the Clean Air Act and 40 CFR 51.230. Accordingly, the
requirement to provide such notice would preclude Federal approval of a
PM-10 nonattainment area SIP revision.
EPA notified Oregon of the deficiency. To correct the problem, the
Governor of Oregon signed into law new legislation amending ORS 468.126
on September 3, 1993. This amendment added paragraph 468.126(2)(e)
which provides that the five-day advance notice required by ORS
468.126(1) does not apply if the notice requirement will disqualify a
state program from Federal approval or delegation. ODEQ responded to
EPA's understanding of the application of 468.126(2)(e) and agreed that
if Federal statutory requirements preclude the use of the five-day
advance notice provision, no advance notice will be required for
violations of SIP requirements contained in permits.
ODEQ's submittal and TSD contain further information on
enforceability requirements. In addition, the TSD contains a discussion
of the personnel and funding intended to support effective
implementation of the control strategy.
8. Contingency Measures
As provided in section 172(c)(9) of the Act, all moderate
nonattainment area SIP's that demonstrate attainment must include
contingency measures. See generally 57 FR 13543-13544. These measures
must be submitted by November 15, 1993 for the initial moderate
nonattainment areas. Contingency measures should consist of other
available measures that are not part of the area's control strategy.
These measures must take effect without further action by the State or
EPA, upon a determination by EPA that the area has failed to make RFP
or attain the PM-10 NAAQS by the applicable statutory deadline. The
Eugene-Springfield nonattainment area SIP contains the following
contingency measures:
a. Uncertified woodstove removal: the 1991 Oregon Legislature
authorized by statute the removal and destruction of uncertified
woodstoves upon sale of a home within any area that fails to meet the
PM-10 SIP attainment date of December 31, 1994. EPA approved these
rules (OAR 340-34-200 through 215) as part of the Oregon SIP on June 9,
1992 (57 FR 24373).
b. Fugitive Dust: to reduce track out onto public roads,
construction sites for commercial, industrial or residential
subdivisions within the Eugene-Springfield nonattainment area are
required to provide paved track out strips or mud cleaning stations on
site. This rule is found in title 39, section 39-055 of LRAPA's
contingency measure regulations.
In this action, EPA is approving in its entirety title 39 entitled
Contingency for PM-10 Sources in Eugene-Springfield Non-Attainment
Area. (Sections 39-001, 39-005, 39-010, 39-015, 39-020, 39-025, 39-030,
39-035, 39-040, 39-050, 39-055, and 39-060 (November 1991)).
c. Open Burning: all open burning would be banned within the
nonattainment area. This rule is found in section 39-060 of title 39.
d. Industrial Controls: a contingency plan was developed to reduce
industrial emissions should the area fail to attain by the CAA
deadline. The regulations requiring controls more stringent than those
currently required on significant industrial sources of PM-10 are
contained in title 39. Industrial sources addressed in the plan include
wood-waste boilers, veneer plants and dryers, particleboard plants and
dryers, air conveying systems and kraft pulp mills.
The industrial contingency limits for the most part reflect ODEQ's
industrial source rules for the Medford-Ashland non-attainment area
(OAR 340-30-005 through 230). The one exception is the contingency
standard for pulp mills. Should the area fail to attain the NAAQS,
kraft pulp mills would be required to meet EPA's New Source Performance
Standards (NSPS). These control measures would become effective upon a
determination by EPA that the area has failed to make reasonable
further progress (RFP) or to attain the PM-10 NAAQS and, they would be
implemented over a period of two years.
LRAPA estimates that implementation of the contingency measures
would reduce wood heating emissions by an additional .5 ton per day and
industrial emissions would be reduced by 6.2 tons per day resulting in
additional reductions of 45% on a daily basis. On an annual basis, wood
heating emissions would be reduced by 53 tons per year and industrial
emissions by 1,800 tons per year resulting in additional reductions of
over 2000%.
The SIP provides that each of these measures can take affect
without further action by the State or EPA, should EPA determine that
the Eugene-Springfield nonattainment area has failed to achieve RFP or
to attain the PM-10 standard by the statutory attainment date of
December 31, 1994.
EPA is approving the Eugene-Springfield nonattainment area
contingency measures.
III. Implications of This Action
EPA is approving the plan revision and addendum submitted to EPA
for the Eugene-Springfield nonattainment area on November 15, 1991.
Among other things, LRAPA has demonstrated that the Eugene-Springfield
moderate PM-10 nonattainment area will attain the PM-10 NAAQS by
December 31, 1992. Note that EPA's action includes approval of the
contingency measures for the Eugene-Springfield nonattainment area. In
addition, EPA approves title 16 of the Lane Regional Air Pollution
Authority. Title 16 establishes permanent rules prohibiting the use of
woodstoves and other solid-fuel space heating devices under certain
circumstances in Lane County and the cities of Eugene and Springfield,
Oregon.
IV. Administrative Review
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the state is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42
U.S.C. 7410(a)(2).
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should no adverse or critical comments be filed. This final rule will
be effective October 24, 1994 unless, by September 23, 1994, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this final rule will be effective October 24, 1994.
The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air
Act Amendments enacted on November 15, 1990. The EPA has determined
that this action conforms with those requirements.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic and
environmental factors and in relation to relevant statutory and
regulatory requirements.
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The OMB has exempted this regulatory action from
E.O. 12866 review.
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 October 24, 1994. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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), 42 U.S.C.
7607(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Volatile organic compounds.
Note: Incorporation by reference of the Implementation Plan for
the State of Oregon was approved by the Director of the Office of
Federal Register on July 1, 1982.
Dated: July 11, 1994.
Chuck Clarke,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart MM--Oregon
2. Section 52.1970 is amended by adding paragraph (c) (108) to read
as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(108) On November 15, 1991 the Director of ODEQ submitted
amendments to Oregon's SIP to include a PM-10 control strategy for
Eugene-Springfield and LRAPA title 39.
(i) Incorporation by reference.
(A) November 15, 1991 letter from the Director of ODEQ to EPA
Region 10 submitting amendments to the Oregon SIP.
(B) The PM-10 control strategy for Eugene-Springfield, adopted by
the OEQC on January 31, 1991, and LRAPA title 39 (Contingency for PM-10
sources in the Eugene-Springfield nonattainment area), adopted by the
OEQC on November 8, 1991.
(C) April 13, 1994 letter from the Director of ODEQ to EPA Region
10 submitting amendments to the Oregon SIP.
(D) Amendments to Lane Regional Air Pollution Authority Rules as a
revision to the Oregon SIP (title 16), adopted by the OEQC on March 11,
1994.
[FR Doc. 94-20738 Filed 8-23-94; 8:45 am]
BILLING CODE 6560-50-P