[Federal Register Volume 66, Number 150 (Friday, August 3, 2001)]
[Rules and Regulations]
[Pages 40616-40622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19320]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OR 62-7277a, OR 71-7286a, OR 01-001a; FRL-7017-9A]


Approval and Promulgation of Implementation Plans: Oregon

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) approves parts of 
various revisions to the Lane Regional Air Pollution Authority (LRAPA) 
portion of Oregon's State Implementation Plan (SIP). LRAPA, through the 
Oregon Department of Environmental Quality (ODEQ), forwarded three 
submittals to EPA for inclusion into the Oregon SIP on December 12, 
1996, August 26, 1998, and February 23, 2001.
    EPA is approving revisions to LRAPA's Definitions (Title 12), 
Incinerator Regulations (Title 30), Emission Standards (Title 32), 
Prohibited Practices and Control of Special Classes (Title 33), and 
Stationary Source Rules and Permitting Procedures (Title 34). These 
revisions were submitted in accordance with the requirements of section 
110 of the Clean Air Act.

DATES: This direct final rule will be effective October 2, 2001, unless 
EPA receives adverse comment by September 4, 2001. If adverse comment 
is received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Written comments should be addressed to: Debra Suzuki, EPA, 
Office of Air Quality (OAQ-107), 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 and other information 
supporting this action may be examined during normal business hours at 
the following locations: EPA, Region 10, Office of Air Quality (OAQ-
107), 1200 Sixth Avenue, Seattle, Washington 98101, Oregon Department 
of Environmental Quality, 811 SW Sixth Avenue, Portland, Oregon 97204-
1390, and the Lane Regional Air Pollution Authority, 1010 Main Street, 
Springfield, Oregon 97477.

FOR FURTHER INFORMATION CONTACT: Debra Suzuki, EPA, Office of Air 
Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 98101, (206) 
553-0985.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' are used we mean EPA.

I. Overview

    The Lane Regional Air Pollution Authority (LRAPA) was created in 
1968 to achieve and maintain clean air in Lane County, Oregon. Its 
member entities include Lane County and the cities of Eugene, 
Springfield, Cottage Grove, and Oakridge. LRAPA, through Oregon 
Department of Environmental Quality (ODEQ), forwarded three submittals 
to EPA for inclusion into the Oregon SIP on December 12, 1996, August 
26, 1998, and February 23, 2001. For a summary of the rules EPA is 
approving, please see the table below. The submitted SIP revisions 
improve the clarity, effectiveness, and enforceability of LRAPA's rules 
by updating the rules, by creating consistency between LRAPA and ODEQ 
rules, and by making organizational and editorial changes. This Federal 
Register

[[Page 40617]]

action will update the SIP to better match LRAPA's current local rules.
    The SIP provides for the implementation, maintenance, and 
enforcement of the National Ambient Air Quality Standards, which are 
set for criteria pollutants. The six criteria pollutants are: carbon 
monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur 
dioxide. We will take no action to either approve or disapprove those 
portions of the rules relating to the control of non-criteria 
pollutants. EPA also will take no action on any sections that only 
direct the reader to another section and do not contain any rules.

A. Summary Table of LRAPA SIP Revisions EPA is Approving

------------------------------------------------------------------------
         Date of submittal to EPA                  Items revised
------------------------------------------------------------------------
12/12/96.................................  --Emission Standards (Title
                                            32)
                                           --Prohibited Practices and
                                            Control of Special Classes
                                            (Title 33)
8/26/98..................................  --Definitions (Title 12)
                                           --Incinerator Regulations
                                            (Title 30)
                                           --Repeal of the old
                                            Incinerator Regulations (33-
                                            020)
2/23/01..................................  --Stationary Source Rules and
                                            Permitting Procedures (Title
                                            34)
------------------------------------------------------------------------

B. What Are the Significant Changes to the SIP?

Title 12--Definitions
    The definitions used by LRAPA are consolidated under Title 12. 
Please see the Technical Support Document that this Federal Register 
action relies upon for a list of the definitions that are revised or 
added to Title 12. Title 12 contains some definitions related to New 
Source Review. Title 38 contains the New Source Review rules and 
definitions, and has also been revised and submitted to us for review 
(LRAPA effective date of May 11, 1993). We are not taking action on 
Title 38 at this time. Thus, we are approving the revisions to Title 
12, with the caveat that the Title 38 definitions in the previously 
approved SIP (LRAPA effective date of February 13, 1990) remain the 
effective definitions for New Source Review.
    Currently, there are two provisions identified as ``Title 12'' in 
the SIP. The first provision identified as Title 12 is the definitional 
section discussed above, while the second provision is ``General Duties 
and Powers of Board and Director.'' We are removing Title 12, General 
Duties and Powers of Board and Director, from the SIP. We reviewed the 
General Duties and Powers of Board and Director and found that the rule 
contains adequate investigative authority. However, rules describing 
agency investigative authority are not appropriate for inclusion in the 
SIP because of the potential conflict with EPA's independent 
authorities. We are also repealing Title 14, Definitions (LRAPA 
effective date of July 12, 1988), because it mistakenly was not removed 
from the SIP when Title 14 was recodified as Title 12 in 1990.
Title 15--Enforcement Procedure and Civil Penalties
    Title 15 was submitted to EPA on August 26, 1998. We reviewed Title 
15, and found the rule to provide adequate enforcement authority. 
However, rules describing agency enforcement authority are not approved 
into the SIP to avoid potential conflict with EPA's independent 
authorities. Therefore, we will not approve this version of Title 15 
into the SIP, and we are removing the 1990 version currently in the 
SIP.
Title 30--Incinerator Regulations
    This new title replaces LRAPA's previous SIP-approved incinerator 
rule (Section 33-020), which was adopted in 1973. These new rules 
better address modern incineration equipment and control and include 
emission limits and design, operation, monitoring, reporting, and 
testing requirements.
    Title 30 applies to solid waste incinerators, crematoriums, and 
infectious waste incinerators, but not to municipal waste combustors. 
The rules affect five crematoriums and one infectious waste incinerator 
in the Eugene-Springfield area. Presently, there are no general refuse 
solid waste incinerators operating in Lane County. Previously, Section 
33-020 applied to all incinerator categories, but exempting municipal 
waste combustors in Title 30 does not relax the requirements for any 
existing sources, because there are no municipal waste combustors in 
Lane County.
    We are approving Title 30, with the exception of the provisions 
applying specifically to Hydrogen chloride (HCl), Dixons and Furans, 
and Odors (all non-criteria pollutants).
Title 32--Emission Standards
    Title 32, as revised by LRAPA in 1994, was submitted to EPA for 
approval in 1996. Title 32 consolidates all emission standards into one 
title to ease the implementation of the Federal operating permit 
program. Revisions include updating the sulfur dioxide (SO2) 
emission limitations, revising the Highest and Best Practicable 
Treatment and Control Required section, and adding Pollution Prevention 
guidelines, Operating and Maintenance requirements, and Typically 
Achievable Control Technology (TACT) requirements.
    In Section 32-010, an opacity exception for incinerators is removed 
and replaced by the new incinerator rule discussed above (Section 30-
020(6)). In Section 32-070, the 1000 ppm SO2 limit is 
removed and replaced by the combination of the following more 
restrictive rules: (a) Section 32-065, Sulfur Content of Fuels; (b) 
Section 32-070, Sulfur Dioxide Emission Limits; and (c) Section 33-
070(3)(C), Kraft Pulp Mills. All SO2 emissions from 
stationary sources within LRAPA's jurisdiction are from fossil fuel 
combustion or pulp mill operation, and therefore are regulated by at 
least one of the three rules.
    When Title 32 was revised in 1994, LRAPA removed the Airborne 
Particulate Matter section (32-060), dated September 14, 1982, and 
replaced it with Title 48, Fugitive Emissions. LRAPA also recodified 
Air Conveying Systems from Section 32-800 to 32-060. Since Title 48 has 
not been submitted to us at this time, we are keeping the previously 
approved Airborne Particulate Matter Section (32-060) in the SIP. 
Therefore, because of the recodification, there will be two sections 
numbered 32-060 in the SIP, Airborne Particulate Matter (1982) and Air 
Conveying Systems (1994).
    This action approves the revisions to Title 32, with the exception 
of Section 32-075 (Federal Acid Rain Regulations Adopted by Reference) 
and Section 32-080 (Control of Ozone-Depleting Chemicals). Acid rain 
regulations are already federally enforceable (40 CFR part 72) and 
therefore, do not need to be made so through approval into the SIP. 
Ozone-depleting chemicals are non-criteria pollutants and inappropriate 
for inclusion in the SIP.
Title 33--Prohibited Practices and Control of Special Classes
    The revisions to Title 33 update industry standards, move veneer 
dryers from Section 32-010 to Section 33-060, Board Products Industry 
Rules, add particulate emission limitations for wood-fired veneer 
dryers, and adopt Hot Mix Asphalt Plant Rules. The SIP revision also 
removes the previously approved Section 33-025 (Wigwam Waste Burners) 
because there are no longer any wigwam waste burners operating within 
LRAPA's jurisdiction.
    We are approving the revisions to Title 33, with the exception of 
the parts of Section 33-070 (Kraft Pulp Mills)

[[Page 40618]]

concerning Total Reduced Sulfur (TRS), and all of Section 33-080 
(Reduction of Animal Matter) because control of TRS and of odors from 
the reduction of animal matter are not appropriate for inclusion in the 
SIP. The sub-sections of Section 33-070 concerning TRS are as follows: 
1(Definitions for Non-Condensibles, Other Sources, and Total Reduced 
Sulfur (TRS)), 3(A), 6(B), 7(A), 7(B), 8(C)(1)(a), and 8(C)(2)(a).
Title 34--Stationary Source Rules and Permitting Procedures and Permit 
Fees
    Over the past several years, we have received many versions of 
Title 34 that we have not acted on. In this action, we are only acting 
on the most recent version, which was submitted on February 23, 2001, 
since it supersedes the previous submissions. The name of Title 34 has 
been changed from ``Air Contaminant Discharge Permits'' (ACDPs) to 
``Stationary Source Rules and Permitting Procedures'' to reflect the 
consolidation of all permitting rules, including source registration, 
Plant Site Emission Limits (PSELs), ACDPs, Federal Operating Permits, 
and Synthetic Minor Sources, into one title. The rules have been 
updated to identify which permitting procedures a source may be subject 
to, outdated mandatory registration requirements have been removed, and 
references have been updated. Section 34-130 adds a provision for 
industrial sources to continue operating under an expired permit if, 
due to processing delays, LRAPA fails to issue a new permit in a timely 
fashion.
    Source categories were added to the permit fee table (Table A) to 
make LRAPA rules consistent with ODEQ rules. Fees were adjusted (some 
categories were increased, others decreased) to better represent the 
permit processing time for individual categories. Section 34-150(13) is 
added to provide for an automatic annual increase of four percent in 
permit fees to keep up with inflation and maintain LRAPA's level of 
service in permitting. Therefore, the 2000 version of Table A that we 
are approving into the SIP will be the baseline from which future 
permit fees will be calculated.
    We are approving the revisions to Title 34 into the SIP, with the 
exception of the rules for Federal Operating Permits (Sections 34-170 
to 34-200) and Plant Site Emission Limits for Sources of Hazardous Air 
Pollutants (34-060(6)). Federal Operating Permit (Title V) programs and 
rules are enforceable by EPA through the Title V approval process (60 
FR 50106, September 28, 1995), which is independent of the SIP approval 
process. Rules for the control of Hazardous Air Pollutants are not 
appropriate for the SIP. We are also taking no action on Section 34-
035, Requirements for Construction (or Non-Major Modification), at this 
time.
    EPA is taking no action on certain provisions relating to the 
trading of emissions, specifically Section 34-060(8) ``Alternative 
Emission Controls (Bubble).'' These provisions, which provide LRAPA 
with the authority to approve certain emission trades, do not need to 
be included in the SIP. The LRAPA bubble rule is consistent with the 
general requirements of EPA's Final Emission Policy Statement (December 
1986), but does not comply with EPA's requirements for ``generic'' 
bubble rules. As such, each bubble approved by LRAPA must be submitted 
to, and approved by, EPA before the applicable requirements of the SIP 
are changed. Because of this requirement for a case-by-case SIP 
revision, it is inappropriate for EPA to approve LRAPA's rule into the 
SIP.
Title 47--Rules for Open Outdoor Burning
    We are taking no action on Title 47 at this time.

II. Summary of Action

    We approve the following SIP revisions and deletions submitted by 
LRAPA, through ODEQ, for inclusion in the Oregon SIP. This summary also 
lists the revisions on which EPA is taking no action. A revised Table 
of Contents for the LRAPA portion of the Oregon SIP appears at the end 
of this action.

A. The Revisions EPA Is Approving Into the SIP

    Title 12, Definitions, effective 3-8-94.
    Title 30, Incinerator Regulations, effective 3-8-94, except for 
Section 30-020(2), Section 30-020(8), Section 30-025(9), Section 30-
030(1)(I), Section 30-030(2)(E), and Section 30-045(3).
    Title 32, Emission Standards, effective 11-10-94, except for 
Section 32-075, Section 32-080, Section 32-095, Section 32-100, Section 
32-101, Section 32-102, Section 32-103, and Section 32-104.
    Title 33, Prohibited Practices and Control of Special Classes of 
Industry, effective 11-10-94, except for Section 33-005, Section 33-
020, Section 33-055, Section 33-070(1)(Definitions for Non-
Condensibles, Other Sources, and Total Reduced Sulfur (TRS)), Section 
33-070(3)(A), Section 33-070(6)(B), Section 33-070(7)(A), Section 33-
070(7)(B), Section 33-070(8)(C)(1)(a), Section 33-070(8)(C)(2)(a), 
Section 33-080, and Section 33-085.
    Title 34, Stationary Source Rules and Permitting Procedures, 
effective 6-13-00, except for Section 34-025, Section 34-035, Section 
34-060 (6), Section 34-060 (8), Section 34-080, Section 34-160, Section 
34-170, Section 34-180, Section 34-190, Section 34-200, Section 34-210, 
Section 34-220, and Section 34-230.

B. The Revisions EPA Is Taking No Action On

    The following sections of Title 30, Incinerator Regulations, 
effective 3-8-94: Section 30-020(2), Section 30-020(8), Section 30-
025(9), Section 30-030(1)(I), Section 30-030(2)(E), and Section 30-
045(3).
    The following sections of Title 32, Emission Standards, effective 
11-10-94: Section 32-075, Section 32-080, Section 32-095, Section 32-
100, Section 32-101, Section 32-102, Section 32-103, and Section 32-
104.
    The following sections of Title 33, Prohibited Practices and 
Control of Special Classes of Industry, effective 11-10-94: Section 33-
005, Section 33-020, Section 33-055, Section 33-070(1)(Definitions for 
Non-Condensibles, Other Sources, and Total Reduced Sulfur (TRS)), 
Section 33-070(3)(A), Section 33-070(6)(B), Section 33-070(7)(A), 
Section 33-070(7)(B), Section 33-070(8)(C)(1)(a), Section 33-
070(8)(C)(2)(a), Section 33-080, and Section 33-085.
    The following sections of Title 34, Stationary Source Rules and 
Permitting Procedures, effective 6-13-00: Section 34-025, Section 34-
035, Section 34-060(6), Section 34-060(8), Section 34-080, Section 34-
160, Section 34-170, Section 34-180, Section 34-190, Section 34-200, 
Section 34-210, Section 34-220, and Section 34-230.
    Title 47, Rules for Open Outdoor Burning, effective 10-17-95.

C. The Provisions EPA Is Removing From the SIP

    The following sections of Title 12, General Duties and Powers of 
Board and Director, effective 11-8-83: Section 12-005, Section 12-010, 
Section 12-020, and Section 12-035.
    The following section of Title 12, General Duties and Powers of 
Board and Director, effective 9-9-88: Section 12-025.
    Title 12, Definitions, effective 2-13-90.
    Title 14, Definitions, effective 7-12-88.
    Title 15, Enforcement Procedure and Civil Penalties, effective 2-
13-90.
    The following sections of Title 32, Emission Standards, effective 
9-14-82: Section 32-005, Section 32-010, Section

[[Page 40619]]

32-025, Section 32-030, Section 32-035, Section 32-040, Section 32-045, 
Section 32-055, Section 32-065, Section 32-100, Section 32-101, Section 
32-102, and Section 32-103.
    The following section of Title 32, Emission Standards, effective 1-
8-85: Section 32-800.
    The following sections of Title 32, Emission Standards, effective 
11-8-83: Section 32-104 and Section 32-990.
    The following sections of Title 33, Prohibited Practices and 
Control of Special Classes of Industry, effective 5-15-79: Section 33-
020, Section 33-025, Section 33-030, Section 33-045, Section 33-055, 
Section 33-060, and Section 33-065.
    The following section of Title 33, Prohibited Practices and Control 
of Special Classes of Industry, effective 9-14-82: Section 33-070.
    The following sections of Title 34, Stationary Source Rules and 
Permitting Procedures, effective 1-9-90: Section 34-001, Section 34-
010, Section 34-015, Section 34-020, Section 34-025, Section 34-030, 
Section 34-035, Section 34-040, Section 34-045, Section 34-050, and 
Table A.
    The following section of Title 34, Stationary Source Rules and 
Permitting Procedures, effective 2-13-90: Section 34-005.
    EPA is publishing this rule without prior proposal because the 
Agency believes this is a noncontroversial submittal 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 
adverse comments be filed. This rule will be effective October 2, 2001 
without further notice unless the Agency receives adverse comments by 
September 4, 2001.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. There will not be a 
second comment period; therefore, any party interested in commenting 
should do so at this time. If no such comments are received, this rule 
will be effective on October 2, 2001, and no further action will be 
taken on the proposed rule.

III. Administrative Requirements

    A. Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2). This rule will be effective October 2, 2001, unless EPA 
receives adverse written comments by September 4, 2001.
    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 2, 2001. 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).)

B. Oregon Notice Provision

    During EPA's review of a SIP revision involving Oregon's statutory 
authority, a problem was detected which affected the enforceability of 
point source permit limitations. EPA determined that, because the five-
day advance notice provision required by ORS 468.126(1) (1991) bars 
civil penalties from being imposed for certain permit violations, ORS 
468 fails to provide the adequate

[[Page 40620]]

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 section 110 SIP revision.
    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 ORS 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 has agreed that, because 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. Thus the advance notice provision in the LRAPA 
rule, section 15-018, does not apply for SIP requirements contained in 
permits.

C. Oregon Audit Privilege and Immunity Law

    Another enforcement issue concerns Oregon's audit privilege and 
immunity law. Nothing in this action should be construed as making any 
determination or expressing any position regarding Oregon's Audit 
Privilege Act, ORS 468.963 enacted in 1993, or its impact upon any 
approved provision in the SIP, including the revision at issue here. 
The action taken herein does not express or imply any viewpoint on the 
question of whether there are legal deficiencies in this or any other 
Clean Air Act Program resulting from the effect of Oregon's audit 
privilege and immunity law. A state audit privilege and immunity law 
can affect only state enforcement and cannot have any impact on federal 
enforcement authorities. EPA may at any time invoke its authority under 
the Clean Air Act, including, for example, sections 113, 167, 205, 211, 
or 213, to enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the Clean Air Act is likewise 
unaffected by a state audit privilege or immunity law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, 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: July 13, 2001.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
    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) (134) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (134) On December 12, 1996, the Director of the Oregon Department 
of Environmental Quality (ODEQ) submitted revisions to Lane Regional 
Air Pollution Authority (LRAPA) Title 32 and Title 33, as effective on 
November 20, 1994. On August 26, 1998, the Director of ODEQ submitted 
revisions to LRAPA Title 12, Title 30, and Title 33, as effective on 
March 8, 1994. On February 23, 2001, the Director of ODEQ submitted 
revisions to LRAPA Title 34, as effective June 13, 2000.
    (i) Incorporation by reference.
    (A) Title 12, as effective March 8, 1994; Title 30, as effective 
March 8, 1994, except for Section 30-020(2), Section 30-020(8), Section 
30-025(9), Section 30-030(1)(I), Section 30-030(2)(E), and Section 30-
045(3); Title 32, as effective November 10, 1994, except for Section 
32-075, Section 32-080, Section 32-095, Section 32-100, Section 32-101, 
Section 32-102, Section 32-103, and Section 32-104; Title 33, as 
effective November 10, 1994, except for Section 33-005, Section 33-020, 
Section 33-055, Section 33-070(1)(Definitions for Non-Condensibles, 
Other Sources, and Total Reduced Sulfur (TRS)), Section 33-070(3)(A), 
Section 33-070(6)(B), Section 33-070(7)(A), Section 33-070(7)(B), 
Section 33-070(8)(C)(1)(a), Section 33-070(8)(C)(2)(a), Section 33-080, 
and Section 33-085; and Title 34, as effective June 13, 2000, except 
for Section 34-025, Section 34-035, Section 34-060(6), Section 34-
060(8), Section 34-080, Section 34-160, Section 34-170, Section 34-180, 
Section 34-190, Section 34-200, Section 34-210, Section 34-220, and 
Section 34-230.
    (B) Remove the following provisions from the current incorporation 
by reference: Section 12-005, Section 12-010, Section 12-020, and 
Section12-035 of Title 12, as effective November 8, 1983; Section 12-
025 of Title 12, as effective September 9, 1988; Title 12, as effective 
February 13, 1990; Title 14, as effective July 12, 1988; Title 15, as 
effective February 13, 1990; Section 32-005, Section 32-010, Section 
32-025, Section 32-030, Section 32-035, Section 32-040, Section 32-045, 
Section 32-055, Section 32-065, Section 32-100, Section 32-101, Section 
32-102, and Section 32-103 of Title 32, as effective 9-14-82; Section 
32-800 of Title 32, as effective 1-8-85; Section 32-104 and Section 32-
990 of Title 32, as effective 11-8-83; Section 33-020, Section 33-025, 
Section 33-030, Section 33-045, Section 33-055, Section 33-060, and 
Section 33-065 of Title 33, as effective 5-15-79; Section 33-070 of 
Title 33, as effective 9-14-82; Section 34-001, Section 34-010, Section 
34-015, Section 34-020, Section 34-025, Section 34-030, Section 34-035, 
Section 34-040, Section 34-045, Section 34-050, and Table A of Title 
34, as effective 1-9-90; and Section 34-005 of Title 34, as effective 
2-13-90.
    (ii) Additional Material:
    (A) Title 15, Enforcement Procedure and Civil Penalties, as 
effective June 13, 1995.

    3. Section 52.1977 is amended by revising Section 3.2 to read as 
follows:


Sec. 52.1977  Content of approved State submitted implementation plan.

* * * * *

3.2  Lane Regional Air Pollution Authority Regulations

    (LRAPA effective date)/EPA SIP effective date

Title 11  Policy and General Provisions
    11-005  Policy (10-9-79)/11-8-93
    11-010  Construction and Validity (10-9-79)/11-8-93
Title 12  Definitions (3-8-94)/October 2, 2001
Title 16  Home Wood Heating Curtailment Program Enforcement
    16-001  Purpose (7-13-93)/10-24-94
    16-010  Definitions (7-13-93)/10-24-94
    16-100  Civil Penalty Schedule (7-13-93)/10-24-94
    16-110  Classification of Violations (7-13-93)/10-24-94
    16-120  Notice of Violation (7-13-93)/10-24-94
    16-130  Appeal of Civil Penalty (7-13-93)/10-24-94

[[Page 40621]]

    16-140  Conducting Contested Case Evidentiary Hearings (7-13-93)/
10-24-94
    16-150  Evidentiary Rules (7-13-93)/10-24-94
    16-160  Final Orders (7-13-93)/10-24-94
    16-170  Default Orders (7-13-93)/10-24-94
Title 30  Incinerator Regulations
    30-005  Purpose and Applicability (3-8-94)/October 2, 2001
    30-010  Definitions (3-8-94)/October 2, 2001
    30-015  Best Available Control Technology for Solid and Infectious 
Waste Incinerators (3-8-94)/October 2, 2001
    30-020  Emission Limitations for Solid and Infectious Waste 
Incinerators *except for sections (2) & (8) (3-8-94)/October 2, 2001
    30-025  Design and Operation for Solid and Infectious Waste 
Incinerators *except for section (9) (3-8-94)/October 2, 2001
    30-030  Continuous Emission Monitoring for Solid and Infectious 
Waste Incinerators *except for sections (1)(I) & (2)(E) (3-8-94)/
October 2, 2001
    30-035  Reporting and Testing for Solid and Infectious Waste 
Incinerators (3-8-94)/October 2, 2001
    30-040  Compliance for Solid and Infectious Waste Incinerators (3-
8-94)/October 2, 2001
    30-045  Emission Limitations of Crematory Incinerators *except for 
section (3) (3-8-94)/October 2, 2001
    30-050  Design and Operation of Crematory Incinerators (3-8-94)/
October 2, 2001
    30-055  Monitoring and Reporting for Crematory Incinerators (3-8-
94)/October 2, 2001
    30-060  Compliance of Crematory Incinerators (3-8-94)/October 2, 
2001
Title 32  Emission Standards
    32-001  Definitions (11-10-94)/October 2, 2001
    32-005  Highest and Best Practicable Treatment and Control Required 
(11-10-94)/October 2, 2001
    32-006  Pollution Prevention (11-10-94)/October 2, 2001
    32-007  Operating and Maintenance Requirements (11-10-94)/October 
2, 2001
    32-008  Typically Achievable Control Technology (TACT) (11-10-94)/
October 2, 2001
    32-009  Additional Control Requirements for Stationary Sources of 
Air Contaminants (11-10-94)/October 2, 2001
    32-010  Visible Air Contaminant Limitations (11-10-94)/October 2, 
2001
    32-015  Particulate Matter Weight Standards (11-10-94)/October 2, 
2001
    32-020  Particulate Matter Weight Standards--Existing Combustion 
Sources (11-10-94)/October 2, 2001
    32-030  Particulate Matter Weight Standards--New Combustion Sources 
(11-10-94)/October 2, 2001
    32-045  Process Weight Emission Limitations (11-10-94)/ October 2, 
2001
    32-055  Particulate Matter Size Standard (11-10-94)/October 2, 2001
    32-060  Airborne Particulate Matter (9-14-82)/11-8-93
    32-060  Air Conveying Systems (11-10-94)/October 2, 2001
    32-065  Sulfur Content of Fuels (11-10-94)/October 2, 2001
    32-070  Sulfur Dioxide Emission Limitations (11-10-94)/October 2, 
2001
    32-090  Other Emissions (11-10-94)/October 2, 2001
    Table 1  Table of Allowable Rate of Particulate Emissions--Based on 
Process Weight (11-10-94)/October 2, 2001
Title 33  Prohibited Practices and Control of Special Classes of 
Industry
    33-030  Concealment and Masking of Emissions(11-10-94)/October 2, 
2001
    33-045  Gasoline Tanks (11-10-94)/October 2, 2001
    33-060  Board Products Industries (Hardwood, Particleboard, 
Plywood, Veneer) (11-10-94)/October 2, 2001
    33-065  Charcoal Producing Plants (11-10-94)/October 2, 2001
    33-070  Kraft Pulp Mills *except sections (1)(Definitions of Non-
Condensibles, Other Sources, and Total Reduced Sulfur (TRS)), (3)(A), 
(6)(B), (7)(A), (7)(B), (8)(C)(1)(a), & (8)(C)(2)(a) (11-10-94)/October 
2, 2001
    33-075  Hot Mix Asphalt Plants (11-10-94)/October 2, 2001
    Title 34  Stationary Source Rules and Permitting Procedures
    34-001  General Policy and Rule Organization (6-13-00)/October 2, 
2001
    34-005  Definitions (6-13-00)/October 2, 2001

Rules Applicable to All Stationary Sources

    34-010  Applicability (6-13-00)/October 2, 2001
    34-015  Request for Information (6-13-00)/October 2, 2001
    34-020  Information Exempt from Disclosure (6-13-00)/October 2, 
2001
    34-030  Source Registration (6-13-00)/October 2, 2001
    34-040  Compliance Schedules for Existing Sources Affected by New 
Rules (6-13-00)/October 2, 2001

Rules Applicable to Sources Required To Have ACDP or Title V Operating 
Permits

    34-050  Applicability (6-13-00)/October 2, 2001
    34-060  Plant Site Emission Limit Rules (6-13-00)/October 2, 2001 
*except for sections (6) and (8)
    34-070  Sampling, Testing and Monitoring of Air Contaminant 
Emissions (6-13-00)/October 2, 2001

Rules Applicable to Sources Required To Have Air Contaminant Discharge 
Permits (ACDP)

    34-090  Purpose and Applicability (6-13-00)/October 2, 2001
    34-100  Permit Categories (6-13-00)/October 2, 2001
    34-110  Permit Required (6-13-00)/October 2, 2001
    34-120  Synthetic Minor Sources (6-13-00)/October 2, 2001
    34-130  General Procedures for Obtaining ACDP Permits (6-13-00)/
October 2, 2001
    34-140  Permit Duration (6-13-00)/October 2, 2001
    34-150  ACDP Fees (6-13-00)/October 2, 2001
    Table A  Air Contaminant Sources and Associated Fee Schedule (6-13-
00)/October 2, 2001
Title 38  New Source Review
    38-001  General Applicability (2-13-90)/11-8-93
    38-005  Definitions (2-13-90)/11-8-93
    38-010  General Requirements for Major Sources and Major 
Modifications (2-13-90)/11-8-93
    38-015  Additional Requirements for Major Sources or Major 
Modifications Located in Nonattainment Areas (2-13-90)/11-8-93
    38-020  Additional Requirements for Major Sources or Major 
Modifications in Attainment or Unclassified Areas (Prevention of 
Significant Deterioration) (2-13-90)/11-8-93
    38-025  Exemptions for Major Sources and Major Modifications (2-13-
90)/11-8-93
    38-030  Baseline for Determining Credits for Offsets (2-13-90)/11-
8-93
    38-035  Requirements for Net Air

[[Page 40622]]

Quality Benefit for Major Sources and Major Modifications (2-13-90)/11-
8-93
    38-040  Emission Reduction Credit Banking (2-13-90)/11-8-93
    38-045  Requirements for Non-Major Sources and Non-Major 
Modifications (2-13-90)/11-8-93
    38-050  Stack Height and Dispersion Techniques (2-13-90)/11-8-93
Title 39  Contingency for PM10 Sources in Eugene-Springfield Non-
Attainment Area
    39-001  Purpose (11-13-91)/10-24-94
    39-005  Relation to Other Rules (11-13-91)/10-24-94
    39-010  Applicability (11-13-91)/10-24-94
    39-015  Definitions (11-13-91)/10-24-94
    39-020  Compliance Schedule for Existing Sources (11-13-91)/10-24-
94
    39-025  Wood-Waste Boilers (11-13-91)/10-24-94
    39-030  Veneer Dryers (11-13-91)/10-24-94
    39-035  Particleboard Plants and Wood Particle Dryers (11-13-91)/
10-24-94
    39-040  Kraft Pulp Mills (11-13-91)/10-24-94
    39-050  Air Conveying Systems (11-13-91)/10-24-94
    39-055  Fugitive Dust (11-13-91)/10-24-94
    39-060  Open Burning (11-13-91)/10-24-94
Title 47  Rules for Open Outdoor Burning 47-001 General Policy (8-14-
84)/11-8-93
    47-005  Statutory Exemptions from These Rules (8-14-84)/11-8-93
    47-010  Definitions (1-1-93)/3-13-95
    47-015  Open Burning Requirements (1-1-93)/3-13-95
    47-020  Letter Permits (1-1-93)/3-13-95
    47-030  Summary of Seasons, Areas, and Permit Requirements for Open 
Outdoor Burning (1-1-93)/3-13-95
Title 50  Ambient Air Standards 50-005 General (7-12-88)/11-8-93
    50-015  Suspended Particulate Matter (7-12-88)/11-8-93
    50-025  Sulfur Dioxide (7-12-88)/11-8-93
    50-030  Carbon Monoxide (7-12-88)/11-8-93
    50-035  Ozone (7-12-88)/11-8-93
    50-040  Nitrogen Dioxide (7-12-88)/11-8-93
    50-045  Lead (7-12-88)/11-8-93
Title 51  Air Pollution Emergencies
    51-005  Introduction (7-12-88)/11-8-93
    51-010  Episode Criteria (7-12-88)/11-8-93
    51-015  Emission Reduction Plans (7-12-88)/11-8-93
    51-020  Preplanned Abatement Strategies (7-12-88)/11-8-93
    51-025  Implementation (7-12-88)/11-8-93
    Table I  Air Pollution Episode, Alert Condition Emission Reduction 
Plan (7-12-88)/11-8-93
    Table II  Air Pollution Episode, Warning Conditions Emission 
Reduction Plan (7-12-88)/11-8-93
* * * * *

    4. Section 52.1988 is amended by revising paragraph (b) to read as 
follows:


Sec. 52.1988  Air contaminant discharge permits.

* * * * *
    (b) Emission limitations and other provisions contained in Air 
Contaminant Discharge Permits and Federal Operating Permits established 
by the Lane Regional Air Pollution Authority pursuant to the rules 
applicable to sources required to have ACDP or Title V Operating 
Permits (Title 34, Sections 050, 060 (except for 060(6) ``Plant Site 
Emission Limits for Sources of Hazardous Air Pollutants'' and 060(8) 
``Alternative Emission Controls (Bubble)''), and 070) and the rules 
applicable to sources required to have air contaminant discharge 
permits (ACDP) (Title 34, Sections 090 through 150), shall be 
applicable requirements of the Federally-approved Oregon SIP (in 
addition to any other provisions) for the purposes of Section 113 of 
the Clean Air Act and shall be enforceable by EPA and by any person in 
the same manner as other requirements of the SIP.

[FR Doc. 01-19320 Filed 8-2-01; 8:45 am]
BILLING CODE 6560-50-P