[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Rules and Regulations]
[Pages 26460-26461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12434]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OR 66-7281a; FRL-6006-8]


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 Oregon 
Department of Environmental Quality's (ODEQ) new sections to Division 
30 as submitted on June 1, 1995, and revisions to Divisions 20, 21, 22, 
25, and 30, as submitted on January 22, 1997, for inclusion into their 
State Implementation Plan (SIP).

DATES: This rule is effective without further notice on July 13, 1998, 
unless the Agency receives relevant adverse comment by June 12, 1998. 
Should the Agency receive such comments, it will publish a timely 
withdrawal informing the public that this rule will not take effect.

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 ODEQ, 811 S.W. Sixth Avenue, 
Portland, OR 97204.

FOR FURTHER INFORMATION CONTACT: Catherine Woo, Office of Air Quality 
(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-1814.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 1, 1995, the ODEQ submitted two new sections under Division 
30 of the SIP. These included: OAR-340-030-0320, Requirement for 
Operation and Maintenance Plans, and OAR-340-030-0330, Source Testing, 
which were originally adopted on April 14, 1995 and state effective on 
May 1, 1995. However, they were subsequently revised and adopted by 
ODEQ on October 11, 1996, and submited to EPA for inclusion into the 
SIP on January 22, 1997. The contents of both the new sections for 
Division 30 and their subsequent revisions have been reviewed, with no 
adverse concerns regarding their content or changes. OAR-340-030-0320 
and -0330 are approved as well as their subsequent revisions.
    On January 22, 1997, the ODEQ submitted revisions to the SIP, which 
included: OAR-340-020-0047, State of Oregon Clean Air Act 
Implementation Plan; OAR-340-022-0170, Surface Coating in 
Manufacturing; OAR-340-022-0840, Innovative Products; OAR-340-022-0930, 
Requirements for Manufacture, Sale and Use of Spray Paint; OART-340-
022-0055, Fuel Burning Equipment; OAR-340-028-0110, Definitions; OAR-
340-028-0400, Information Exempt From Disclosure; OAR-340-028-0630, 
Typically Achievable Control Technology; OAR-340-028-1010, Requirement 
for Plant Site Emission Limits; OAR-340-028-1720, Permit Required; OAR-
340-030-0015, Wood Waste Boilers; OAR-340-030-0044, Requirement for 
Operation and Maintenance Plans (Medford-Ashland AQMA Only); OAR-340-
030-0050, Continuous Monitoring; and OAR-340-030-0055, Source Testing. 
All of these revisions, with the exception of OAR-340-022-0170, -028-
0630, -021-0025 and -021-0027, are editorial and housekeeping in nature 
and are approved. OAR-340-022-0170 reflects a correction to delete a 
reference to ``metal'' parts of section (4) and a revision to say 
``Miscellaneous Metal Parts and Products'' as the rule's title in in 
5(j). OAR-340-028-0630 reflects a revision that would exempt sources 
from the Typically Achievable Control Technology only when specific 
design or performance standards in Division 30 apply. This corrects a 
previous state rule which exempts sources covered by any emission 
standard in Division 30. OAR-340-021-0025 and -0027 have been 
superseded by more specific incinerator rules in Division 25; 
therefore, they are repealed from the SIP. The revisions to all the 
above rules are approved.

II. Summary of Action

    EPA is approving ODEQ's new sections to Division 30, as submitted 
on June 1, 1995, and revisions to Divisions 20, 21, 22, 25, and 30, as 
submitted on January 22, 1997. OAR-340-021-0025 and -0027 are repealed 
from the SIP.
    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

[[Page 26461]]

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 be 
effective July 13, 1998, without further notice unless the Agency 
receives relevant adverse comments by June 12, 1998.
    If the EPA receives such comments, then EPA will publish a timely 
withdrawal of the direct final rule and informing the public that the 
rule did not take effect. 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. 
Only 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 July 13, 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

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the 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 July 13, 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, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, 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: April 20, 1998.
Chuck Clark,
Regional Administrator, Region X.
    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 et seq.

Subpart MM--Oregon

    2. Section 52.1970 is amended by adding paragraph (c) (125) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (125) On June 1, 1995 and January 22, 1997, the Director of ODEQ 
submitted to the Reginal Administrator of EPA new sections to Division 
30 and revisions to Divisions 20, 21, 22, 25, and 30.
    (i) Incorporation by reference.
    (A) OAR-340-020-0047; OAR-340-022-0170; OAR-340-022-0840; OAR-340-
022-0930; OAR-340-022-0055; OAR-340-028-0110; OAR-340-028-0400; OAR-
340-028-0630; OAR-340-028-1010; OAR-340-028-1720; OAR-340-030-0015; 
OAR-340-030-0044; OAR-340-030-0050; OAR-340-030-0055; OAR-340-030-0320; 
OAR-340-030-0330: These rules were all state adopted on October 11, 
1996.

[FR Doc. 98-12434 Filed 5-12-98; 8:45 am]
BILLING CODE 6560-50-U