[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)]
[Rules and Regulations]
[Pages 37393-37395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18201]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[OR-54-7269a; FRL-5515-3]


Approval and Promulgation of Implementation Plans: Oregon

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) approves a revision to 
the State of Oregon Implementation Plan. EPA is approving, as required 
by the Clean Air Act, a source-specific Reasonably Available Control 
Technology (RACT) volatile organic compound (VOC) emissions standard 
for the Intel Corporation semiconductor manufacturing facility in 
Portland, Oregon.

DATES: This action is effective on September 16, 1996 unless adverse or 
critical comments are received by August 19, 1996. 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, Office of Air Quality (OAQ-107), EPA Region 10, 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, 
DC 20460. Copies of material submitted to EPA may be examined during 
normal business hours at the following locations: EPA Region 10, Office 
of Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, Washington 98101, 
and the Oregon Department of Environmental Quality, 811 S.W. Sixth 
Avenue, Portland, Oregon 97204-1390.

FOR FURTHER INFORMATION CONTACT: Angela McFadden, Office of Air Quality 
(OAQ-107), EPA Region 10, Seattle, Washington 98101, phone (206) 553-
6908.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 172 (a)(2) and (b)(3) of the Clean Air Act, as amended in 
1977 (1977 Act), required sources of VOC to install, at a minimum, RACT 
in order to reduce emissions of this pollutant. EPA has defined RACT as 
the lowest emission limit that a particular source is capable of 
meeting by the application of control technology that is reasonably 
available considering technological and economic feasibility (44 FR 
53761, September 17, 1979). EPA has developed Control Technology 
Guidelines (CTGs) for the purpose of informing State and local air 
pollution control agencies of air pollution control techniques 
available for reducing emissions of VOC from various categories of 
sources. Each CTG contains recommendations to the States of what EPA 
calls the ``presumptive norm'' for RACT. This general statement of 
agency policy is based on EPA's evaluation of the capabilities of, and 
problems associated with, control technologies currently used by 
facilities within individual source categories. EPA has recommended 
that the States adopt requirements consistent with the presumptive norm 
level.
    On March 3, 1978, the entire Portland-Vancouver Interstate Air 
Quality Maintenance Area was designated by EPA as a nonattainment area 
for ozone. The Portland-Vancouver Interstate Air Quality Maintenance 
Area contains the urbanized portions of three counties in Oregon 
(Clackamas, Multnomah, and Washington) and one county (Clark) in the 
State of Washington.
    The 1977 Act required States to submit plans to demonstrate how 
they would attain and maintain compliance with national ambient air 
standards for those areas designated nonattainment. The 1977 Act 
further required these plans to demonstrate compliance with primary 
standards no later than December 31, 1982. An extension up to December 
31, 1987, was possible if the State could demonstrate that, despite 
implementation of all reasonably available control measures, the 
December 31, 1982, date could not be met.
    On October 7, 1982, EPA approved the Portland-Vancouver area ozone 
attainment plan, including an extension of the attainment date to 
December 31, 1987 (47 FR 44262).
    On June 15, 1988, pursuant to Section 110(a)(2)(H) of the pre-
amended Clean Air Act, former EPA Regional Administrator Robie Russell 
notified the State of Oregon by letter that the State

[[Page 37394]]

Implementation Plan (SIP) for the Portland-Vancouver area was 
substantially inadequate to provide for timely attainment of the NAAQS. 
In that letter, EPA identified specific actions needed to correct 
deficiencies in State regulations representing RACT for sources of VOC. 
Further, the Clean Air Act, as amended in 1990 (amended Act), also 
requires States to correct deficiencies. In amended Section 
182(a)(2)(A), Congress statutorily adopted the requirement that ozone 
nonattainment areas fix their deficient RACT rules for ozone. Areas 
designated nonattainment before the effective date of the amendments, 
and which retained that designation and were classified as marginal or 
above as of the effective date, are required to meet the RACT fix-up 
requirement. Under Section 182(a)(2)(A), States with such nonattainment 
areas were mandated to correct their RACT requirements by May 15, 1991. 
The corrected requirements were to be in compliance with Section 172(b) 
as it existed before the amendments and as that section was interpreted 
in the pre-amendment guidance. The SIP call letter interpreted that 
guidance and indicated corrections necessary for specific nonattainment 
areas. The Portland part of the Portland-Vancouver nonattainment area 
is classified as marginal. Therefore, this area is subject to the RACT 
fix-up requirement and the May 15, 1991, deadline.
    On May 15, 1991, the State of Oregon submitted Oregon 
Administrative Rules (OAR) 340-22-100 through 340-22-220, General 
Emission Standards for Volatile Organic Compounds, as an amendment to 
the Oregon SIP. On October 7, 1982, EPA approved these revisions to the 
Oregon SIP (58 FR 50848).
    On November 20, 1995, the State of Oregon submitted a source-
specific RACT VOC emissions standard for the Intel Corporation 
semiconductor manufacturing facility in Portland, Oregon. This RACT 
determination limits VOC emissions from the solvent cleaning stations 
at the Intel Corporation semiconductor manufacturing facility in 
Portland, Oregon, to 0.0002 pounds per square centimeter of wafer 
processed, and requires that each sink operate with a freeboard ratio 
of at least 0.7, have a visible fill line, and be equipped with a cover 
that is readily opened and closed, and that the cover be closed during 
idle periods if the sink contains any free standing solvents (refer to 
Page 11 of operating permit #34-2681, issued to Intel Corporation by 
the Oregon Department of Environmental Quality). This Federal Register 
document is to propose approval of the rule revision as an amendment to 
the SIP.

II. This Action

    EPA is approving the revision to the State of Oregon Implementation 
Plan submitted on November 20, 1995, as an amendment. The RACT 
determination meets all of the applicable requirements of the Act as 
determined by EPA.

III. 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. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410(a)(2).
    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted on by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.
    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 for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from E.O. 12866 review.
    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 September 16, 1996 unless, by August 19, 1996, 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 document 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 September 16, 1996.
    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of

[[Page 37395]]

this action must be filed in the United States Court of Appeals for the 
appropriate circuit by by September 16, 1996. 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, Ozone, 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: May 22, 1996.
Jane S. Moore,
Acting 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)(114) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * * (114) On November 20, 1995, the Director of the Oregon 
Department of Environmental Quality (ODEQ) submitted a Reasonably 
Available Control Technology Standards (RACT) determination for VOC 
emissions from the Intel Corporation facility in Portland, Oregon.
    (i) Incorporation by reference.
    (A) The letter dated November 20, 1995, from the Director of ODEQ 
submitting a SIP revision for a RACT determination contained in Intel's 
Oregon Title V Operating Permit for VOC emissions, consisting of permit 
# 34-2681 expiration date 10-31-99, page 11 of 32 pages, effective date 
September 24, 1993 (State-effective date of the Oregon Title V 
Program).

[FR Doc. 96-18201 Filed 7-17-96; 8:45 am]
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