[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Rules and Regulations]
[Pages 2690-2693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-610]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OR35-1-6188a, OR43-1-6523a, OR36-1-6298a; FRL-5113-7]
Approval and Promulgation of Implementation Plans: Oregon
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: Environmental Protection Agency (EPA) is approving revisions
to the State of Oregon's Air Quality Control Plan Volume 2 (The Federal
Clean Air Act State Implementation Plan and Other State Regulations).
Specifically, EPA is approving revisions to Oregon Administrative Rules
(OAR) Chapter 340, Division 25 and revisions to Title 47 of Lane
Regional Air Pollution Authority (LRAPA).
The revisions to Division 25, submitted to EPA on May 28, 1993, and
November 15, 1993, and the revisions to Title 47, submitted on April
13, 1994, satisfy the requirements of section 110 of the Clean Air Act
(CAA) and 40 CFR part 51.
DATES: This final rule is effective on March 13, 1995, unless adverse
or critical comments are received by February 10, 1995. 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, 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, Environmental Protection Agency, 401 M Street, SW, Washington,
D.C. 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, Air & Radiation Branch
(AT-082), EPA, Seattle, Washington 98101, (206) 553-6510.
SUPPLEMENTARY INFORMATION:
I. Background
The Oregon Department of Environmental Quality (ODEQ) submitted to
EPA two separate revisions to OAR, Division 25 on May 28, 1993. A
third, and separate revision, to Division 25 was submitted on November
15, 1993. In addition, ODEQ submitted a revision to Lane Regional Air
Pollution Authority's (LRAPA) Title 47, Outdoor Open Burning, on April
13, 1994.
The first revision to Division 25, submitted May 28, 1993, became
state effective on January 24, 1990. The submittal contained revisions
to Oregon's Kraft Pulp Mill Rules (OAR 340-25-150 through 205) and
Oregon's Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills (OAR 340-25-
220 through 234).
The second revision submitted on May 28, 1993, to Division 25
became state effective March 10, 1993. This revision contained
editorial changes to the following rules: Wigwam Waste Burners (OAR
340-25-005 through 025), Hot Mix Asphalt Plants (OAR 340-25-105 through
125), Kraft Pulp Mills (OAR 340-25-150 through 205), Primary Aluminum
Plants (OAR 340-25-255 through 285), Specific Industrial Standards (OAR
340-25-305 through 325), Regulations for Sulfite Pulp Mills (OAR 340-
25-350 through 380), and Laterite Ore Production of Ferronickel (OAR
340-25-405 through 430). The editorial changes are considered
housekeeping in nature.
A third revision to Division 25 submitted November 15, 1993, became
state effective November 4, 1993. This submittal contained specific
revisions to OAR 340-25-160, 222, 275, 310, and 420.
The revision to LRAPA's Title 47, Outdoor Open Burning, submitted
on April 13, 1994, became state effective January 1, 1993. This
submittal revised Sections 47-010, 47-015, 47-020, 47-025, and 47-030.
[[Page 2691]]
II. Discussion
OAR 340-25-150 to 205 and OAR 340-25-220 to 234
A revision to OAR Chapter 340, Division 25, specifically revisions
to the Kraft Pulp Mill rules (sections 150 to 205), was previously
submitted to EPA on May 30, 1986. During EPA's review, numerous
deficiencies were noted and conveyed to ODEQ. A major deficiency was
the lack of a demonstration ensuring attainment and maintenance of the
National Ambient Air Quality Standards (NAAQS), a demonstration that
the revision would not result in significant deterioration of air
quality, and an insurance of progress towards meeting the national
visibility goal.
The above demonstration was needed, in part, because the revision
included an increase in the allowable opacity limit from 20% to 35% for
kraft recovery furnaces. Of primary concern were those sources located
in Special Control Areas as defined in OAR 340-21-010.
To address EPA's concerns, ODEQ conducted an analysis identifying
the sources affected by the revised opacity limits, quantified the
theoretical changes in emissions, and predicted the maximum particulate
impacts. The analysis concluded that the rule revision will ensure
attainment and maintenance of the NAAQS, will not result in significant
deterioration of air quality, and will ensure progress towards meeting
the national visibility goal. This analysis accompanied the May 28,
1993 submittal.
The submittal also contained new rules (OAR 340-25-220 through 234)
for Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills. Prior to
development of these regulations, emissions from this source class were
regulated by the state's sulfite pulp mill regulations. To more
accurately control emissions from neutral sulfite semi-chemical pulp
mills, specific regulations were developed.
EPA has determined that the Kraft Pulp Mill regulations (OAR 340-
25-150 through 205) and the Neutral Sulfite Semi-Chemical Pulp Mill
regulations (OAR 340-25-220 through 234), as they relate to particulate
matter and sulfur dioxide, meet the requirements of the Clean Air Act,
as amended, and 40 CFR Part 51. The rules include well defined short
term (3 hour and 24 hour) emission standards required to conform with
the appropriate short term NAAQS. The emission standards, therefore;
satisfy EPA's enforceability requirements.
In addition to particulate matter and sulfur dioxide, the
regulations discussed above set specific emission limitations for total
reduced sulfur (TRS). Because TRS is not a pollutant for which a NAAQS
has been established, EPA is taking no action to either approve or
disapprove those portions of the regulations relating to TRS and they
are not to be considered as official portions of the SIP. EPA is
therefore approving OAR 340-25-150 through 205 and OAR 340-25-220
through 234 excluding all references to TRS.
OAR 340-25-005 to 025 and OAR 340-25-105 to 430
ODEQ submitted to EPA housekeeping amendments to OAR Chapter 340,
Divisions 14, 20 through 27, 30, 31, and 34 on May 28, 1993, as one
submittal packet. EPA has decided to separate the Division 25
amendments from the May 28, 1993, submittal and take action on the
amendments in this notice. The remaining divisions revised by the
housekeeping amendments will be acted on separately.
The housekeeping amendments include updated statutory citations,
the removal of passed compliance dates and outdated regulations, and
correcting typographical and grammatical errors. The amendments do not
have any administrative, legal or economic effect. EPA is approving the
revision as submitted.
OAR 340-25-160, 222, 275, 310, and 420
The November 15, 1993, submittal repealed the general authority
requiring the highest and best practicable treatment and control of air
contaminant emissions contained in the above rules. The general
authority requiring the highest and best practicable treatment and
control of air contaminant emission is now contained in OAR 340-28-600.
EPA is approving the revision as submitted.
LRAPA Title 47--Outdoor Open Burning
The April 13, 1994, submittal contained revisions to LRAPA's Title
47, specifically revisions to Sections 47-010, 47-015, 47-020, 47-025,
and 47-030.
Title 47 was revised, in part, to reduce emissions from backyard
open burning in the area outside the city limits of Eugene and
Springfield, Oregon, but inside the Eugene-Springfield Urban Growth
Area (ESUGA). The rules restrict burning to only woody yard materials
on lots of one-half acre or more. The rules also ban commercial,
industrial and demolition burning within the ESUGA. However, prescribed
burning of standing vegetation may be permitted under certain
conditions (see section 47-020).
The rules, which meet EPA's enforceability requirements, will
reduce smoke impacts and result in a reduction in particulate matter
emissions in the ESUGA. The rules are also more stringent than the
existing federally approved regulations. EPA is approving the revision
as submitted.
III. Summary of Action
EPA is approving revisions to OAR Chapter 340, Division 25, as
submitted on May 28, 1993 and November 15, 1993, except for those rules
which pertain to TRS. EPA is also approving a revision to LRAPA's Title
47 as submitted April 13, 1994.
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 adverse or critical comments be filed. This action will be
effective March 13, 1995, unless, within 30 days of its publication,
adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the
[[Page 2692]]
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
action will be effective March 13, 1995.
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 3 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 March 13, 1995. 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, and Sulfur oxides.
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: November 16, 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)(110) to read
as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(110) On May 28, 1993, the Director of ODEQ submitted two separate
sets of revisions to its air quality regulations, OAR, Chapter 340,
Division 25. One submittal was housekeeping amendments affecting all of
Division 25; the second submittal was specifically Kraft Pulp Mill
rules (OAR 340-25-150 through -205) and Neutral Sulfite Semi-Chemical
Pulp Mill regulations (OAR 340-25-220 through -234). On November 15,
1993, the Director of ODEQ submitted a revision to OAR, Chapter 340,
Division 25. On April 13, 1994, the Director of ODEQ submitted
revisions to the Oregon SIP for LRAPA's Title 47, Outdoor Open Burning.
(i) Incorporation by reference.
(A) EPA received on May 28, 1993, two letters from the Director,
ODEQ, to the Regional Administrator, EPA, submitting housekeeping
amendments to Division 25: Housekeeping amendments to Division 25 (OAR
340-25-005 through 025 and OAR 340-25-105 through 340-25-430),
effective March 10, 1993; and revisions to the Oregon SIP for Kraft
Pulp Mill Amendments and Neutral Sulfite Semi-Chemical Pulp Mill
Regulations: Kraft Pulp Mill Rules (OAR 340-25-150 through 205) and the
Neutral Sulfite Semi-Chemical Pulp Mill Pulp Mills (OAR 340-25-220
through 234), excluding all references to total reduced sulfur,
effective January 24, 1990.
(B) November 15, 1993, letter from the Director, ODEQ, to the
Regional Administrator, EPA, submitting revisions to the Oregon SIP for
OAR, Chapter 340, Division 25: Amendments to OAR Chapter 340, Division
25 (OAR 340-25-160, 340-25-222, 340-25-275, 230-25-310, 340-25-420),
effective November 4, 1993.
(C) April 13, 1994, letter from the Director, ODEQ, to the Regional
Administrator, EPA, submitting revisions to LRAPA, Title 47: Title 47,
Lane Regional Air Pollution Authority, August 11, 1992, Outdoor Open
Burning, effective January 1, 1993.
3. Section 52.1977 is amended by revising the entry for ``Division
25-Specific Industrial Standards Construction and Operation of Wigwam
Waste Burners,'' and the entry for ``3.2 Lane Regional Air Pollution
Authority Regulations, Title 47 Rules for Open Outdoor Burning.''
Sec. 52.1977 Content of approved State submitted implementation plan.
* * * * *
Division 25--Specific Industrial Standards Construction and Operation
of Wigwam Waste Burners
Sec. 005 Definitions (3-10-93)
Sec. 010 Statement of Policy (3-10-93)
Sec. 015 Authorization to Operate a Wigwam Burner (3-10-93)
Sec. 020 Emission and Operation Standards for Wigwam Waste Burners
(3-10-93)
Sec. 025 Monitoring and Reporting (3-10-93)
Hot Mix Asphalt Plants
Sec. 105 Definitions (3-10-93)
Sec. 110 Control Facilities Required (3-10-93)
Sec. 115 Other Established Air Quality Limitations (3-10-93)
Sec. 120 Portable Hot Mix Asphalt Plants (3-10-93)
Sec. 125 Ancillary Sources of Emission--Housekeeping of Plant
Facilities (3-10-93)
Kraft Pulp Mills
Sec. 150 Definitions--excluding any reference to TRS (3-10-93)
Sec. 155 Statement of Policy (3-10-93)
Sec. 160 Repealed
Sec. 165 Emission Limitations--excluding any reference to TRS (3-
10-93)
Sec. 170 More Restrictive Emission Limits (3-10-93)
Sec. 175 Plans and Specifications (3-10-93)
Sec. 180 Monitoring--excluding any reference to TRS (3-10-93)
Sec. 185 Reporting--excluding any reference to TRS (3-10-93)
Sec. 190 Upset Conditions--excluding any reference to TRS (3-10-93)
Sec. 195 Repealed
Sec. 205 Chronic Upset Conditions (1-24-90)
Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills
Sec. 220 Definitions (3-10-93)
Sec. 222 Repealed
Sec. 224 Emission Limitations--excluding any reference to TRS (3-
10-93)
Sec. 226 More Restrictive Emission Limits--excluding any reference
to TRS (3-10-93)
Sec. 228 Plans and Specifications (3-10-93)
Sec. 230 Monitoring--excluding any reference to TRS (3-10-93)
[[Page 2693]]
Sec. 232 Reporting--excluding any reference to TRS (3-10-93)
Sec. 234 Upset Conditions--excluding any reference to TRS (3-10-93)
Primary Aluminum Plants
Sec. 255 Statement of Purpose (3-10-93)
Sec. 260 Definitions (3-10-93)
Sec. 265 Emission Standards (3-10-93)
Sec. 270 Special Problem Areas (3-10-93)
Sec. 275 Repealed
Sec. 280 Monitoring (3-10-93)
Sec. 285 Reporting (3-10-93)
Specific Industrial Standards
Sec. 305 Definitions (3-10-93)
Sec. 310 General Provisions (11-4-93)
Sec. 315 Veneer and Plywood Manufacturing Operations (3-10-93)
Sec. 320 Particleboard Manufacturing Operations (3-10-93)
Sec. 325 Hardboard Manufacturing Operations (3-10-93)
Regulations for Sulfite Pulp Mills
Sec. 350 Definitions (3-10-93)
Sec. 355 Statement of Purpose (3-10-93)
Sec. 360 Minimum Emission Standards (3-10-93)
Sec. 365 Repealed
Sec. 370 Monitoring and Reporting (3-10-93)
Sec. 375 Repealed
Sec. 380 Exceptions (3-10-93)
Laterite Ore Production of Ferronickel
Sec. 405 Statement of Purpose (3-10-93)
Sec. 410 Definitions (3-10-93)
Sec. 415 Emission Standards (3-10-93)
Sec. 420 Repealed
Sec. 425 Repealed
Sec. 430 Monitoring and Reporting (3-10-93)
* * * * *
3.2 Lane Regional Air Pollution Authority Regulations
* * * * *
Title 47 Rules for Open Outdoor Burning
47-001 General Policy (8-14-84)
47-005 Statutory Exemptions from These Rules (8-14-84)
47-010 Definitions (9-8-92)
47-015 Open Burning Requirements (9-8-92)
47-020 Letter Permits (9-8-92)
47-025 Repealed
47-030 Summary of Seasons, Areas, and Permit Requirements for Open
Outdoor Burning (9-8-92)
* * * * *
[FR Doc. 95-610 Filed 1-10-95; 8:45 am]
BILLING CODE 6560-50-P