[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Rules and Regulations]
[Pages 15293-15294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8057]
[[Page 15293]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OR-69-7284a; FRL-5984-7]
Approval and Promulgation of Implementation Plans: Oregon
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Environmental Protection Agency (EPA) approves a revision to
the Oregon State Implementation Plan. This revision establishes a
source specific Reasonable Available Control Technology (RACT)
determination for Dura Industries, Inc. at 4466 NW Yeon, Portland,
Oregon 97210. This action is taken under Part D of Title I of the Clean
Air Act (Act).
DATES: This action is effective on June 1, 1998 unless adverse or
critical comments are received by April 30, 1998. 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, 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,
Office of Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, Washington
98101, and Oregon Department of Environmental Quality (ODEQ) 811 SW
Sixth Ave, Portland, Oregon 97204-1390.
FOR FURTHER INFORMATION CONTACT: Tracy Oliver, Office of Air Quality
(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-1388.
SUPPLEMENTARY INFORMATION:
I. Background
Section 172(a)(2) and (b)(3) of the Act, as amended in 1977,
requires sources of volatile organic compounds (VOC) to install, at a
minimum, RACT in order to reduce emissions of ozone precursors. EPA has
defined RACT as the lowest emission limitation a source is capable of
meeting with control technology that is reasonably available,
considering technological and economic feasibility (44 FR 53762).
EPA develops Control Technology Guidelines (CTG) to advise state
and local agencies of available air pollution control techniques for
reducing emissions from various source categories. CTGs establish
``presumptive norm'' emission levels based on EPA's evaluation of the
capabilities and problems associated with control technologies. EPA has
recommended that states adopt RACT requirements consistent with these
presumptive norm levels.
In Section 182(a)(2)(A), Congress statutorily adopted the
requirement that ozone nonattainment areas improve their deficient RACT
rules for ozone precursors. Areas designated nonattainment before the
effective date of the 1990 amendments which retained that designation
with a marginal or worse classification were subject to RACT ``fix-
up.'' States 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 1990 amendments and as
interpreted in the pre-amendment guidance. Oregon was subject to this
requirement.
On May 13, 1991, the State of Oregon submitted OAR 340-22-100
through OAR 340-22-220, General Emission Standards for Volatile Organic
Compounds, as an amendment to the Oregon SIP. On September 29, 1993,
EPA approved these revisions and incorporated the rules by reference
into the Oregon SIP (58 FR 50848).
The Portland-Vancouver Air Quality Maintenance Area was designated
as a non attainment area for ozone in 1978. On October 7, 1982, EPA
approved the Portland-Vancouver area ozone attainment plan, including
an extended attainment date of December 31, 1987 (47 FR 44262). On
November 15, 1990, the area was redesignated to marginal non-attainment
under section 181(a)(1) of the 1990 Act for failing to attain the
standard. An attainment deadline of November 15, 1993 was established.
Ambient air monitoring data from 1991 through 1997 showed no violations
of the ozone standard. On May 19, 1997, EPA redesignated the Portland-
Vancouver area to attainment for ozone and approved its maintenance
plan.
Section 4.50.3.2.3.4 Industrial Emission Strategies of the approved
maintenance plan includes RACT requirements for VOC sources. This
includes implementing: (1) Oregon Administrative Rule (OAR) 340-022-
0104 which requires VOC emission limits for new and existing sources
located within the Portland-Vancouver area; and (2) OAR 340-022-0170
which defines the VOC emission limits for surface coating in
manufacturing, consistent with EPA's 1976 CTGs for this source
category.
On October 30, 1997, Oregon submitted an alternative RACT
determination for Dura Industries, Inc., a high performance
architectural coating operation in Portland, Oregon. The alternative
RACT determination modifies Dura Industries' Air Contaminant Discharge
Permit to allow 6.5 lbs/gal VOC instead of 3.5 lbs/gal VOC, the
standard RACT for this source category. The higher VOC content is
accompanied by additional requirements on the source to develop
compliant coatings. This submission is subject to OAR 340-022-0104 and
OAR 340-022-0170.
This Federal Register document approves the rule revision as an
amendment to the Oregon SIP.
II. Summary of Action
EPA is approving the revision to the Oregon State Implementation
Plan submitted on October 30, 1997, as source specific amendment for
Dura Industries, Inc. EPA finds the alternative RACT determination
meets all of the applicable requirements of the Act and the Oregon SIP.
EPA is not taking action on the entire Air Contaminant Discharge
Permit for Dura Industries, Inc., but only the conditions necessary for
implementation and enforcement of the RACT requirement in OAR 340-022-
0104(4). Because the RACT requirements are contained in the approved
SIP, the source specific RACT limits will remain in effect as a matter
of state law, even if the Oregon permit expires.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors, and in
relation to relevant statutory and regulatory requirements.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will become effective
without further notice unless the Agency receives relevant adverse
comment on the parallel notice of
[[Page 15294]]
proposed rulemaking on or before April 30, 1998.
Should the Agency receive such comments, it will publish a document
withdrawing this rule. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period on the proposed rule.
Any parties interested in commenting on the proposed rule should do so
at this time. If no such comments are received, the public is advised
that this rule will be effective on June 1, 1998 and no further action
will be taken on the proposed rule.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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).
C. Unfunded Mandates
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 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
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the Comptroller General
Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial 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 June 1, 1998. 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, Ozone, 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: March 6, 1998.
Chuck Findley,
Acting Regional Administrator, Region X.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: U.S.C. 7401 et seq.
Subpart MM--Oregon
2. Section 52.1970 is amended by adding paragraph (c) (124) to read
as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(124) On October 30, 1997 the director of the Oregon Department of
Environmental Quality (ODEQ) submitted a source specific Reasonable
Available Control Technology (RACT) determination as a SIP revision for
VOC emissions and standards.
(i) Incorporation by reference.
(A) Letter dated October 30, 1997 from the Director of ODEQ
submitting a SIP revision for Dura Industries, Inc. , an architectural
surface coating operation in Portland, Oregon--permit #26-3112 dated
September 14, 1995.
[FR Doc. 98-8057 Filed 3-30-98; 8:45 am]
BILLING CODE 6560-50-P