
[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Proposed Rules]
[Pages 17304-17313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06309]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0884, FRL- 9791-7]


Approval and Promulgation of Implementation Plans; Oregon: 
Infrastructure Requirements for the 1997 and 2006 Fine Particulate 
Matter and 2008 Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve the State Implementation Plan 
(SIP) submittals from the State of Oregon to demonstrate that the SIP 
meets the infrastructure requirements of the Clean Air Act (CAA) for 
the National Ambient Air Quality Standards (NAAQS) promulgated for fine 
particulate matter (PM2.5) on July 18, 1997 and October 17, 
2006, and for ozone on March 12, 2008. The EPA is proposing to find 
that the Federally-approved provisions currently in the Oregon SIP meet 
the CAA infrastructure requirements for the 1997 PM2.5, 2006 
PM2.5, and the 2008 ozone NAAQS. The EPA is also proposing 
to find that the Federally-approved provisions currently in the Oregon 
SIP meet the interstate transport requirements of the CAA related to 
prevention of significant deterioration for the 2008 ozone NAAQS, and 
related to visibility for the 2006 PM2.5 and 2008 ozone 
NAAQS. This action does not propose to approve any additional 
provisions into the Oregon SIP but is a proposed finding that the 
current provisions of the Oregon SIP are adequate to satisfy the above-
mentioned infrastructure elements required by the CAA.

DATES: Comments must be received on or before April 22, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2011-0884, by any of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: R10-Public_Comments@epa.gov.
     Mail: Kristin Hall, EPA Region 10, Office of Air, Waste 
and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle WA 98101.
     Hand Delivery/Courier: EPA Region 10 Mailroom, 9th Floor, 
1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Attention: Kristin 
Hall, Office of Air, Waste and Toxics, AWT-107. Such deliveries are 
only accepted during normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-2011-
0884. The EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information the disclosure of which 
is restricted by statute. Do not submit information that you consider 
to be CBI or otherwise protected through www.regulations.gov or email. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through www.regulations.gov 
your email address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, the EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. If the 
EPA cannot read your

[[Page 17305]]

comment due to technical difficulties and cannot contact you for 
clarification, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
the disclosure of which is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy. Publicly available 
docket materials are available either electronically in 
www.regulations.gov or in hard copy during normal business hours at the 
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, 
Seattle WA 98101.

FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357, 
hall.kristin@epa.gov, or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'' or ``our'' are used, it is intended to refer to the EPA. 
Information is organized as follows:

Table of Contents

I. Proposed Action
II. Background
III. CAA Sections 110(a)(1) and (2) Infrastructure Elements
IV. Scope of Action on Infrastructure Submittals
V. Analysis of the State's Submittal
VI. Scope of Proposed Action
VII. Proposed Action
VIII. Statutory and Executive Order Reviews

I. Proposed Action

    The EPA is proposing to approve the State Implementation Plan (SIP) 
submittals from the State of Oregon to demonstrate that the SIP meets 
the requirements of CAA section 110(a)(1) and (2) for the NAAQS 
promulgated for particulate matter on July 18, 1997 and October 17, 
2006, and for ozone on March 12, 2008. The EPA is proposing to find 
that the Federally-approved provisions currently in the Oregon SIP meet 
the following CAA section 110(a)(2) infrastructure elements for the 
1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS: 
(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The 
EPA is also proposing to find that the Federally-approved provisions 
currently in the Oregon SIP meet the requirements of CAA section 
110(a)(2)(D)(i)(II) as it applies to prevention of significant 
deterioration for the 2008 ozone NAAQS, and CAA section 
110(a)(2)(D)(i)(II) as it applies to visibility for the 2006 
PM2.5 and 2008 ozone NAAQS.
    CAA section 110(a)(1) requires that each state, after a new or 
revised NAAQS is promulgated, review their SIPs to ensure that they 
meet the requirements of the ``infrastructure'' elements of CAA section 
110(a)(2). The State of Oregon made multiple submittals to satisfy the 
infrastructure requirements for the 1997 and 2006 PM2.5 
NAAQS and the 2008 ozone NAAQS. On September 25, 2008, the State 
submitted to the EPA a certification that the State's SIP meets the 
infrastructure obligations for the 1997 ozone and 1997 PM2.5 
NAAQS. Subsequently, on December 23, 2010, the State submitted the 
``Oregon SIP Infrastructure for Addressing the Interstate Transport of 
Ozone and Fine Particulate Matter'' to address the requirements of CAA 
section 110(a)(2)(D)(i) for multiple NAAQS, including the 2006 
PM2.5 and 2008 ozone NAAQS. On August 17, 2011, the State 
submitted to the EPA a certification that the State's SIP meets the 
infrastructure requirements for the 2006 PM2.5 NAAQS. 
Finally, on December 19, 2011, the State submitted to the EPA a 
certification that the State's SIP meets the infrastructure 
requirements for the 2008 ozone NAAQS.
    At this time, the EPA is acting on the infrastructure submittals 
for the CAA section 110(a)(2) required elements as they relate to the 
1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS. 
This action does not address infrastructure requirements with respect 
to the 1997 ozone NAAQS which the EPA previously approved on May 21, 
2012 (77 FR 29904). This action also does not address the requirements 
of CAA section 110(a)(2)(D)(i) for the 1997 PM2.5 NAAQS 
which have previously been approved by the EPA in three separate 
actions on June 9, 2011 (76 FR 33650), July 5, 2011 (76 FR 38997), and 
December 27, 2011 (76 FR 80747).
    In addition, this action does not address the requirements of CAA 
section 110(a)(2)(D)(i)(II) as it relates to prevention of significant 
deterioration for the 2006 PM2.5 NAAQS, which the EPA 
approved on December 27, 2011 (76 FR 80747). This action also does not 
address the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 
PM2.5 and 2008 ozone NAAQS which the EPA will address in a 
future action. Furthermore, the EPA interprets the CAA section 
110(a)(2)(J) provision on visibility as not being triggered by a new 
NAAQS because the visibility requirements in part C are not changed by 
a new NAAQS.

II. Background

    On July 18, 1997, the EPA promulgated a new 24-hour and a new 
annual NAAQS for PM2.5 (particles with an aerodynamic 
diameter less than or equal to a nominal 2.5 micrometers) (62 FR 
38652). More recently, on October 17, 2006 (effective date December 18, 
2006), the EPA revised the standards for particulate matter, tightening 
the 24-hour PM2.5 standard from 65 micrograms per cubic 
meter ([micro]/m\3\) to 35 [micro]/m\3\, and retaining the current 
annual fine particle standard at 15 [micro]/m\3\ (71 FR 61144). On 
March 12, 2008, the EPA revised the levels of the primary and secondary 
8-hour ozone standards to 0.075 parts per million (73 FR 16436).
    The CAA requires State Implementation Plans (SIPs) meeting the 
requirements of sections 110(a)(1) and (2) be submitted by states 
within three years after promulgation of a new or revised standard. CAA 
sections 110(a)(1) and (2) require states to address basic SIP 
requirements, including emissions inventories, monitoring, and modeling 
to assure attainment and maintenance of the standards, so-called 
``infrastructure'' requirements. CAA section 110(a) imposes the 
obligation upon states to make a SIP submission to the EPA for a new or 
revised NAAQS, but the contents of that submission may vary depending 
upon the facts and circumstances. In particular, the data and 
analytical tools available at the time the state develops and submits 
the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains.
    To help states meet this statutory requirement, the EPA issued 
guidance to states. On October 2, 2007, the EPA issued guidance to 
address infrastructure SIP requirements for the 1997 ozone and 1997 
PM2.5 NAAQS.\1\ On September 25, 2009, the EPA issued 
guidance to address infrastructure SIP requirements for the 2006 24-
hour PM2.5 NAAQS.\2\ These guidance documents

[[Page 17306]]

provide that, to the extent an existing SIP already meets the CAA 
section 110(a)(2) requirements, states may submit a certification to 
the EPA.
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    \1\ William T. Harnett, Director, Air Quality Policy Division, 
Office of Air Quality Planning and Standards. ``Guidance on SIP 
Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-
hour Ozone and PM2.5 National Ambient Air Quality 
Standards.'' Memorandum to EPA Air Division Directors, Regions I-X, 
October 2, 2007.
    \2\ William T. Harnett, Director, Air Quality Policy Division, 
Office of Air Quality Planning and Standards. ``Guidance on SIP 
Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-
hour Fine Particle (PM2.5) National Ambient Air Quality 
Standards (NAAQS).'' Memorandum to Regional Air Division Directors, 
Regions I-X, September 25, 2009. The EPA has not yet issued guidance 
to states to address the infrastructure SIP requirements for the 
2008 ozone NAAQS.
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III. CAA Sections 110(a)(1) and (2) Infrastructure Elements

    CAA section 110(a)(1) provides the procedural and timing 
requirements for SIP submissions after a new or revised NAAQS is 
promulgated. CAA section 110(a)(2) lists specific elements that states 
must meet for ``infrastructure'' SIP requirements related to a newly 
established or revised NAAQS. These requirements include SIP 
infrastructure elements such as modeling, monitoring, and emissions 
inventories that are designed to assure attainment and maintenance of 
the NAAQS. The requirements, with their corresponding CAA subsection, 
are listed below:
     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control measures.
     110(a)(2)(D): Interstate transport.
     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the 
applicable requirements of part D.
     110(a)(2)(J): Consultation with government officials; 
public notification; and Prevention of Significant Deterioration (PSD) 
and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.
    The October 2, 2007 and September 25, 2009 EPA infrastructure 
guidance clarify that two elements identified in CAA section 110(a)(2) 
are not governed by the three-year submission deadline of CAA section 
110(a)(1) because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new or 
revised NAAQS, but rather, are due at the time the nonattainment area 
plan requirements are due pursuant to CAA section 172. These 
requirements are: (i) submissions required by CAA section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required in 
part D, Title I of the CAA, and (ii) submissions required by CAA 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, Title I of the CAA. As a result, this action 
does not address infrastructure elements related to CAA section 
110(a)(2)(C) with respect to nonattainment new source review (NSR) or 
CAA section 110(a)(2)(I). Furthermore, the EPA interprets the CAA 
section 110(a)(2)(J) provision on visibility as not being triggered by 
a new NAAQS because the visibility requirements in part C, Title I of 
the CAA are not changed by a new NAAQS.

IV. Scope of Action on Infrastructure Submittals

    This rulemaking will not cover four substantive issues that are not 
integral to acting on a state's infrastructure SIP submission: (i) 
Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction at sources, that may be contrary to 
the CAA and the EPA's policies addressing such excess emissions 
(``SSM'') \3\; (ii) existing provisions related to ``director's 
variance'' or ``director's discretion'' that purport to permit 
revisions to SIP approved emissions limits with limited public process 
or without requiring further approval by the EPA, that may be contrary 
to the CAA (``director's discretion''); (iii) existing provisions for 
minor source NSR programs that may be inconsistent with the 
requirements of the CAA and the EPA's regulations that pertain to such 
programs (``minor source NSR''); and, (iv) existing provisions for PSD 
programs that may be inconsistent with current requirements of the 
EPA's ``Final NSR Improvement Rule,'' 67 FR 80186 (December 31, 2002), 
as amended by 72 FR 32526 (June 13, 2007). The EPA has indicated that 
it has other authority to address any such existing SIP defects in 
other rulemakings, as appropriate. A detailed rationale for why these 
four substantive issues are not part of the scope of infrastructure SIP 
rulemakings can be found in the EPA's previous action to approve the 
State of Oregon 1997 ozone infrastructure SIP submittal (proposed 
action on February 7, 2012, 77 FR 6044; final action on May 21, 2012, 
77 FR 29904).
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    \3\ For further description of EPA's SSM Policy, see, e.g., a 
memorandum dated September 20, 1999, titled, ``State Implementation 
Plans: Policy Regarding Excess Emissions During Malfunctions, 
Startup, and Shutdown,'' from Steven A. Herman, Assistant 
Administrator for Enforcement and Compliance Assurance, and Robert 
Perciasepe, Assistant Administrator for Air and Radiation. Also, the 
EPA issued a proposed action on February 12, 2013, titled ``State 
Implementation Plans: Response to Petition for Rulemaking; Findings 
of Substantial Inadequacy; and SIP Calls to Amend Provisions 
Applying to Excess Emissions During Periods of Startup, Shutdown and 
Malfunction.'' This rulemaking responds to a petition for rulemaking 
filed by the Sierra Club that concerns SSM provisions in 39 states' 
SIPs (February 22, 2013, 78 FR 12460).
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V. Analysis of the State's Submittal

    The State of Oregon SIP submittals list specific provisions of the 
Oregon Revised Statutes (ORS) Chapter 468 Environmental Quality 
Generally, Public Health and Safety, General Administration; ORS 
Chapter 468A Air Quality, Public Health and Safety, Air Quality 
Control; Oregon Administrative Rules (OAR) Chapter 340, and the Oregon 
SIP. The specific sections are listed below, with a discussion of how 
the State submittals meet the requirements.

110(a)(2)(A): Emission limits and other control measures

    CAA section 110(a)(2) requires SIPs to include enforceable emission 
limits and other control measures, means or techniques (including 
economic incentives such as fees, marketable permits, and auctions of 
emissions rights), as well as schedules and timetables for compliance, 
as may be necessary or appropriate to meet the applicable requirements 
of the CAA.
    State submittal: The State SIP submittals cite multiple State air 
quality laws and previously SIP-approved regulations to address this 
element for the 1997 PM2.5, 2006 PM2.5, and 2008 
ozone NAAQS. ORS 468A.035 ``General Comprehensive Plan'' provides 
authority to the Oregon Department of Environmental Quality (ODEQ) to 
develop a general comprehensive plan for the control or abatement of 
air pollution. ORS 468A.020 ``Rules and Standards'' gives the State 
Environmental Quality Commission (EQC) authority to adopt rules and 
standards to perform functions vested by law. ORS 468A.025 ``Air Purity 
Standards'' provides the EQC with the authority to set air quality 
standards, emission standards, and emission treatment and control 
provisions. ORS 468A.040 ``Permits; Rules'' provides that the EQC may 
require permits for air contamination sources, type of air contaminant, 
or specific areas of the State. The State submittals cite the following 
additional laws and regulations that establish emission limits and 
pollution controls:
     ORS 468A.045 Activities Prohibited Without Permit; Limit 
on Activities with Permit
     ORS 468A.050 Classification of Air Contamination Sources; 
Registration and Reporting of Sources; Rules; Fees

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     ORS 468A.055 Notice Prior to Construction of New Sources; 
Order Authorizing or Prohibiting Construction; Effect of No Order; 
Appeal
     ORS 468A.070 Measurement and Testing of Contamination 
Sources; Rules
     ORS 468A.085 Residential Open Burning of Vegetative Debris
     ORS 468A.315 Emission Fees for Major Sources; Base Fees; 
Basis of Fees; Rules
     ORS 468A.350-.455 Motor Vehicle Pollution Control
     ORS 468A.460-.520 Woodstove Emissions Control
     ORS 468A.550-.620 Field Burning and Propane Flaming
     ORS 468A.625-.645 Chlorofluorocarbons and Halon Control
     ORS 468A.650-.660 Aerosol Spray Control
     ORS 468A.990 Penalties
     OAR 340-200 General Air Pollution Procedures and 
Definitions
     OAR 340-202 Ambient Air Quality Standards and PSD 
Increments
     OAR 340-204 Designation of Air Quality Areas
     OAR 340-222 Stationary Source Plant Site Emission Limits
     OAR 340-224 Major New Source Review
     OAR 340-226 General Emission Standards
     OAR 340-228 Requirements for Fuel Burning Equipment and 
Fuel Sulfur Content
     OAR 340-232 Emission Standards for VOC Point Sources
     OAR 340-234 Emission Standards for Wood Products 
Industries
     OAR 340-236 Emission Standards for Specific Industries
     OAR 340-240 Rules for Areas with Unique Air Quality Needs
     OAR 340-242 Rules Applicable to the Portland Area
     OAR 340-250 General Conformity
     OAR 340-252 Transportation Conformity
     OAR 340-256 Motor Vehicles
     OAR 340-258 Motor Vehicle Fuel Specifications
     OAR 340-262 Residential Woodheating
     OAR 340-266 Field Burning Rules (Willamette Valley)
     OAR 340-268 Emission Reduction Credits

    EPA analysis: The State regulations identified above were 
previously approved by the EPA into the Oregon SIP and demonstrate that 
the Oregon SIP includes enforceable emission limits and other control 
measures to implement the 1997 PM2.5, 2006 PM2.5, 
and 2008 ozone NAAQS. OAR 340-200 ``General Air Pollution Procedures 
and Definitions'' defines direct PM2.5, nitrogen oxides 
(NOX) and sulfur dioxide (SO2) as precursors to 
PM2.5, and NOX and volatile organic compounds 
(VOCs) as precursors to ozone. This rule also defines significant 
emissions rates, de minimis emission levels, and plant site emission 
rates for air pollutants including direct PM2.5, 
NOX and SO2 as precursors to PM2.5, 
and NOX and VOCs as precursors to ozone. OAR 340-202 
``Ambient Air Quality Standards and PSD Increments'' includes the 1997 
PM2.5, 2006 PM2.5, and 2008 ozone NAAQS. The EPA 
most recently approved into the State's SIP revisions to OAR 340-200 
and OAR 340-202 on December 27, 2011 (76 FR 80747).
    The State of Oregon has no areas designated nonattainment for the 
1997 PM2.5 standard and no areas designated nonattainment 
for the 2008 ozone standard. The State has two areas designated 
nonattainment for the 2006 PM2.5 standard (Klamath Falls and 
Oakridge). However, the EPA does not consider SIP requirements 
triggered by the nonattainment area mandates in part D, Title I of the 
CAA to be governed by the submission deadline of CAA section 110(a)(1).
    The State generally regulates emissions of PM2.5, 
PM2.5 precursors, and ozone precursors through its SIP-
approved New Source Review (NSR) permitting programs, in addition to 
other rules and control programs identified below. The EPA most 
recently approved revisions to the State's major and minor NSR 
permitting programs on December 27, 2011 (76 FR 80747), to regulate 
direct PM2.5 emissions, in addition to NOX and 
SO2 as precursors to PM2.5. The State's SIP-
approved major and minor NSR permitting programs regulate 
NOX and VOCs as precursors to ozone. In addition to the 
State's NSR permitting regulations, the State's SIP contains rules that 
establish various controls on emissions of particulate matter, 
NOX, SO2, and VOCs. These controls include rules 
for operational and work practices standards, fuel burning equipment 
and fuel sulfur content, grain loading, specific industry sectors, 
motor vehicle pollution, industrial emission management, residential 
wood heating, field burning, and banking of emission reduction credits. 
Based on the analysis above, the EPA is proposing to approve the Oregon 
SIP as meeting the requirements of CAA section 110(a)(2)(A) for the 
1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.
    The EPA is not proposing to approve or disapprove any existing 
State provisions with regard to excess emissions during startup, 
shutdown, or malfunction (SSM) of operations at a facility. The EPA 
believes that a number of states may have SSM provisions that are 
contrary to the CAA and existing EPA guidance and the EPA has recently 
proposed action to address such state regulations.\4\
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    \4\ See footnote 3.
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    The EPA is not proposing to approve or disapprove any existing 
State rules with regard to director's discretion or variance 
provisions. The EPA believes that a number of states may have such 
provisions that are contrary to the CAA and existing EPA guidance 
(November 24, 1987, 52 FR 45109), and the Agency plans to take action 
in the future to address such state regulations. In the meantime, the 
EPA encourages any state having a director's discretion or variance 
provision that is contrary to the CAA and the EPA guidance to take 
steps to correct the deficiency as soon as possible.

110(a)(2)(B): Ambient air quality monitoring/data system

    CAA section 110(a)(2)(B) requires SIPs to include provisions to 
provide for establishment and operation of ambient air quality 
monitors, collecting and analyzing ambient air quality data, and making 
these data available to the EPA upon request.
    State submittal: The State submittals reference ORS 468.035(a-e, m) 
``Functions of the Department'' which provides authority to conduct and 
supervise inquiries and programs to assess and communicate air 
conditions and to obtain necessary resources (assistance, materials, 
supplies, etc) to meet these responsibilities. In addition, the State 
references ORS 468A.070 ``Measurement and Testing of Contamination 
Sources; Rules'' which provides ODEQ authority to establish a 
measurement and testing program pursuant to rules adopted by the EQC. 
The State also references the following regulations pertaining to air 
quality monitoring and data:

     OAR 340-200 General Air Quality Definitions
     OAR 340-206 Air Pollution Emergencies
     OAR 340-212 Stationary Source Testing and Monitoring
     OAR 340-214 Stationary Source Reporting
     OAR 340-216 Air Contaminant Discharge Permits
     OAR 340-222 Stationary Source Plant Site Emission Limits
     OAR 340-225 Air Quality Analysis Requirements

[[Page 17308]]

     OAR 340-226 General Emission Standards
     OAR 340-232 Emission Standards for VOC Point Sources
     OAR 340-256 Motor Vehicles

    EPA analysis: A comprehensive air quality monitoring plan, intended 
to meet the requirements of 40 CFR part 58 was submitted by the State 
to the EPA on December 27, 1979 (40 CFR 52.1970) and approved by the 
EPA on March 4, 1981 (46 FR 15136). This air quality monitoring plan 
has been subsequently updated, with the most recent submittal dated 
July 1, 2012 and approved by the EPA on October 25, 2012.\5\ This plan 
includes, among other things, the locations for the particulate matter 
monitoring network and ozone monitoring network. The State provides an 
annual air quality data report to the public at http://www.deq.state.or.us/aq/forms/annrpt.htm. In addition, the State sends 
real time air monitoring information for ozone and particulate matter 
to the EPA's AIRNow Web page at http://www.airnow.gov and also provides 
the information on the ODEQ Air Quality Index (AQI) Web site at http://www.deq.state.or.us/aqi. Based on the foregoing, the EPA is proposing 
to approve the Oregon SIP as meeting the requirements of CAA section 
110(a)(2)(B) for the 1997 PM2.5, 2006 PM2.5, and 
2008 ozone NAAQS.
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    \5\ Oregon Monitoring Network Approval Letter dated October 25, 
2012.
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110(a)(2)(C): Program for enforcement of control measures

    CAA section 110(a)(2)(C) requires states to include a program 
providing for enforcement of all SIP measures, and the regulation of 
construction of new or modified stationary sources, including a 
permitting program to meet PSD and nonattainment NSR requirements as 
required by parts C and D of this subchapter.
    State submittal: The State submittals refer to ORS 468.090-.140 
``Enforcement'' which provide ODEQ with authority to investigate 
complaints, investigate and inspect sources for compliance, access 
records, commence enforcement procedures, and impose civil penalties. 
In addition, ORS 468.035 (j, k) ``Functions of the Department'' provide 
ODEQ with authority to enforce State air pollution laws and compel 
compliance with any rule, standard, order, permit or condition. The 
State submittals cite the following Oregon laws and regulations related 
to enforcement and permitting:
     ORS 468.065 Issuance of Permits; Consent; Fees; Use
     ORS 468.070 Denial, Modification, Suspension or Revocation 
of Permits
     ORS 468.090-.140 Enforcement
     ORS 468.920-.963 Environmental Crimes
     ORS 468.996-.997 Civil Penalties
     ORS 468A.040 Permits; Rules
     ORS 468A.045 Activities Prohibited without Permit
     ORS 468A.055 Notice Prior to Construction of New Sources
     ORS 468A.060 Duty to Comply with Laws, Rules, and 
Standards
     ORS 468A.105 Formation of Regional Air Quality Control 
Authorities
     ORS 468A.155 Rules Authorizing Regional Permit Programs
     ORS 468A.165 Compliance with State Standards Required; 
Hearing; Notice
     ORS 468A.990 Penalties for Air Pollution Offenses
     OAR 340-012 Enforcement Procedure and Civil Penalties
     OAR 340-200 General Air Pollution Procedures and 
Definitions
     OAR 340-202 Ambient Air Quality Standards and PSD 
Increments
     OAR 340-210 Stationary Source Notification Requirements
     OAR 340-214 Stationary Source Reporting Requirements
     OAR 340-216 Air Contaminant Discharge Permits (ADCP)
     OAR 340-224 Major New Source Review

    EPA analysis: The EPA is proposing to find that the State code 
provisions referenced in the State submissions provide ODEQ with 
authority to enforce the air quality laws, regulations, permits, and 
orders promulgated pursuant to ORS Chapters 468 and 468A. ODEQ staffs 
and maintains an enforcement program to ensure compliance with SIP 
requirements. The ODEQ Director, at the direction of the Governor, may 
enter a cease and desist order for polluting activities that present an 
imminent and substantial danger to public health (ORS 468-115). 
Enforcement cases may be referred to the State Attorney General's 
Office for civil or criminal enforcement. Therefore, the EPA is 
proposing to approve the Oregon SIP as meeting the requirements of CAA 
section 110(a)(2)(C) related to a program of enforcement measures for 
the 1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.
    The EPA is also proposing to find that the Oregon SIP meets the 
requirements related to PSD under CAA section 110(a)(2)(C) for the 1997 
PM2.5, 2006 PM2.5, and 2008 ozone NAAQS. As 
discussed below, the State's previously-approved SIP provisions are 
adequate to satisfy the requirements of CAA section 110(a)(2)(C) for 
the 1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS 
because they meet current Federal standards. The State's major NSR 
program includes requirements for major source permitting in 
nonattainment areas, maintenance areas, and attainment and 
unclassifiable areas (OAR 340-224). The State's Federally-enforceable 
state operating permit program is found at OAR 340-216 ``Air 
Contaminant Discharge Permits,'' and is also the administrative permit 
mechanism used to implement the notice of construction and major new 
source review programs. ODEQ delegates authority to Lane Regional Air 
Protection Agency (LRAPA) to implement the source permitting programs 
within LRAPA's area of jurisdiction. The requirements and procedures 
contained in OAR 340-216, OAR 340-222 and OAR 340-224 are used by LRAPA 
to implement its permitting programs until it adopts rules which are at 
least as restrictive as State rules. The EPA most recently approved 
revisions to the State's major NSR rules on December 27, 2011 (76 FR 
80747), including approval of PSD permitting requirements for 
PM2.5 and greenhouse gases.\6\ The State's SIP-approved PSD 
permitting program regulates NOX and VOCs as precursors to 
ozone.
---------------------------------------------------------------------------

    \6\ Federal requirements pertaining to the permitting programs 
required under Subparts C and D of Title I of the CAA have not 
changed since the EPA last reviewed and approved changes to Oregon's 
Federally-approved PSD and NSR SIP provisions. Accordingly, the EPA 
incorporates by reference the rationale for its approval of Oregon's 
major source permitting program as discussed in its September 23, 
2011, proposed rule and its December 27, 2011, final rule. See 76 FR 
59090 (September 23, 2011) and 76 FR 80747 (December 27, 2011).
---------------------------------------------------------------------------

    The State's SIP-approved minor NSR program applies major source 
NSR/PSD requirements to any source with emissions over the significant 
emission rate, through the administrative mechanisms laid out in OAR 
340-216 ``Air Contaminant Discharge Permits.'' The EPA has determined 
that the State's minor NSR program, adopted pursuant to section 
110(a)(2)(C) of the CAA, regulates emissions of PM2.5, 
NOX and SO2 as precursors to PM2.5, 
and NOX and VOCs as precursors to ozone. In this action, the 
EPA is not evaluating the State's SIP for consistency with the EPA's 
regulations governing minor NSR. The EPA believes that a number of 
states may have minor NSR provisions that are contrary to the existing 
EPA regulations for this program. The EPA intends to work with states 
to reconcile

[[Page 17309]]

state minor NSR programs with the EPA's regulatory provisions for the 
program. The statutory requirements of CAA section 110(a)(2)(C) provide 
for considerable flexibility in designing minor NSR programs, and the 
EPA believes it may be time to revisit the regulatory requirements for 
this program to give the states an appropriate level of flexibility to 
design a program that meets their particular air quality concerns, 
while assuring reasonable consistency across the country in protecting 
the NAAQS with respect to new and modified minor sources.
    Based on the analysis above, the EPA is proposing to find that the 
Oregon SIP includes enforcement, PSD, and minor source permitting 
provisions that are adequate to satisfy the requirements of CAA section 
110(a)(2)(C) for the 1997 PM2.5, 2006 PM2.5, and 
2008 ozone NAAQS.

110(a)(2)(D): Interstate transport

    CAA section 110(a)(2)(D)(i) requires that SIPs contain adequate 
provisions prohibiting any source or other type of emissions activity 
in one state from contributing significantly to nonattainment, or 
interfering with maintenance of the NAAQS in another state, or from 
interfering with measures required to prevent significant deterioration 
of air quality or to protect visibility in another state.
    State submittal: The State submitted the ``Oregon SIP 
Infrastructure for Addressing the Interstate Transport of Ozone and 
Fine Particulate Matter'' (2010 Interstate Transport SIP) to satisfy 
the interstate transport requirements for multiple NAAQS, including the 
2006 PM2.5 and 2008 ozone NAAQS. The 2010 Interstate 
Transport SIP references the State's SIP-approved PSD program and the 
State's collaborative work with neighboring states on regional haze 
SIPs, which include plans and requirements for addressing visibility 
impairment caused by fine particulate matter and ozone in national 
parks and wilderness areas. In addition, the 2010 Interstate Transport 
SIP references the consultation ODEQ conducted with air agency staff in 
Washington, Idaho, Nevada and California in preparing the 2010 
Interstate Transport SIP, specifically to identify and understand 
relevant air pollution issues in neighboring states, and whether these 
problems could be impacted by interstate transport.
    EPA analysis: CAA section 110(a)(2)(D)(i) addresses four separate 
elements, or ``prongs.'' CAA section 110(a)(2)(D)(i)(I) requires state 
SIPs contain adequate provisions prohibiting emissions which will 
contribute significantly to nonattainment of the NAAQS in any other 
state (prong 1), and adequate provisions prohibiting emissions which 
will interfere with maintenance of the NAAQS by any other state (prong 
2). CAA section 110(a)(2)(D)(i)(II) requires that state SIPs contain 
adequate provisions prohibiting emissions which will interfere with any 
other state's required measures to prevent significant deterioration 
(PSD) of its air quality (prong 3), and adequate provisions prohibiting 
emissions which will interfere with any other state's required measures 
to protect visibility (prong 4).
    As noted above, this action does not address the requirements of 
CAA section 110(a)(2)(D)(i) for the 1997 PM2.5 NAAQS which 
the EPA approved in three previous actions: June 9, 2011 (76 FR 33650), 
July 5, 2011 (76 FR 38997) and December 27, 2011 (76 FR 80747). In 
addition, this action does not address the requirements of CAA section 
110(a)(2)(D)(i)(I) for the 2006 PM2.5 and 2008 ozone NAAQS 
which the EPA will address in a separate action. This action also does 
not address the requirements of CAA section 110(a)(2)(D)(i)(II) with 
regards to prevention of significant deterioration (prong 3) for the 
2006 PM2.5 NAAQS, which the EPA approved in a previous 
action on December 27, 2011 (76 FR 80747).
    In this action, the EPA is proposing to approve the Oregon SIP as 
meeting the requirements of CAA section 110(a)(2)(D)(i)(II) with 
respect to PSD (prong 3) for the 2008 ozone NAAQS and the requirements 
of CAA section 110(a)(2)(D)(i)(II) with respect to visibility (prong 4) 
for the 2006 PM2.5 and 2008 ozone NAAQS.
    To address whether emissions from sources in Oregon interfere with 
any other state's required measures to prevent significant 
deterioration of air quality, the State's 2010 Interstate Transport SIP 
references the SIP-approved Oregon PSD program. The EPA approved 
revisions to the State's major NSR rules on December 27, 2011 (76 FR 
80747), including approval of PSD permitting requirements for 
PM2.5 and greenhouse gases. The State's SIP-approved PSD 
program regulates NOX and VOCs as precursors to ozone. As 
discussed in the EPA's 2011 analysis of the State's PSD permitting 
requirements, the Federally-approved provisions of the State's SIP meet 
current Federal PSD requirements. Federal PSD requirements have not 
changed since the date of the EPA's most recent PSD-related SIP 
approval and the Oregon SIP provisions continue to meet Federal PSD 
permitting standards. Therefore, the EPA is proposing to approve the 
Oregon SIP as meeting the requirements of CAA section 
110(a)(2)(D)(i)(II) with respect to PSD (prong 3) for the 2008 ozone 
NAAQS.
    To address whether emissions from sources in the State interfere 
with any other state's required measures to protect visibility, the 
2010 Interstate Transport SIP refers to the Oregon Regional Haze SIP 
which was submitted to the EPA on December 14, 2010, and addresses 
PM2.5 and PM2.5 and ozone precursor visibility 
impacts across states within the region. On July 5, 2011, the EPA 
approved portions of the Oregon Regional Haze SIP including the 
requirements for best available retrofit technology (BART) (76 FR 
38997). The EPA approved the remaining elements of the Oregon Regional 
Haze SIP on August 22, 2012 (77 FR 50611).
    The EPA's September 25, 2009, infrastructure guidance states that 
the EPA believes the requirement for state SIPs to include adequate 
provisions prohibiting interference with measures to protect visibility 
in another state could be satisfied by an approved SIP addressing 
regional haze. The EPA's reasoning was that the development of the 
regional haze SIPs was intended to occur in a collaborative environment 
among the states, and that through this process states would coordinate 
on emissions controls to protect visibility on an interstate basis. The 
2010 Interstate Transport SIP describes the State's participation in 
the Western Regional Air Partnership (WRAP), which is a regional 
planning organization created to address regional haze and related 
issues. WRAP member states include: Alaska, Arizona, California, 
Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South 
Dakota, Utah, Washington and Wyoming, in addition to member tribes. In 
developing their respective regional haze SIPs, WRAP states, including 
Oregon, consulted with each other through the WRAP's work groups. As a 
result of this process, the common understanding was that each state 
would take action to achieve the emissions reductions relied upon by 
other states in their reasonable progress demonstrations in their 
regional haze SIPs.
    Because Oregon has a Federally-approved Regional Haze SIP that 
meets current requirements, the EPA concludes that the State's SIP 
contains adequate provisions to address the requirements of CAA section 
110(a)(2)(D)(i)(II) with respect to visibility (prong 4) for the 2006 
PM2.5 and 2008 ozone NAAQS. Therefore, the EPA is proposing 
to approve the Oregon SIP as meeting the requirements of CAA

[[Page 17310]]

section 110(a)(2)(D)(i)(II) as it applies to visibility for the 2006 
PM2.5 and 2008 ozone NAAQS (prong 4).

Interstate and International transport provisions

    CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions 
insuring compliance with the applicable requirements of CAA sections 
126 and 115 (relating to interstate and international pollution 
abatement). Specifically, CAA section 126(a) requires new or modified 
major sources to notify neighboring states of potential impacts from 
the source.
    State submittal: The State submittals state that State regulations 
are consistent with Federal requirements in Appendix N of 40 CFR part 
50 pertaining to the notification of interstate pollution abatement. 
The State refers to OAR 340-202 ``Ambient Air Quality and PSD 
Increments.''
    EPA analysis: The EPA most recently approved revisions to the 
State's NSR regulations on December 27, 2011 (76 FR 80747). The State's 
public notice requirements at OAR 340-209-0060 require that for major 
NSR actions, ODEQ will provide notice to neighboring states, among 
other officials and agencies. The State has no pending obligations 
under section 115 or 126(b) of the Act. Accordingly, the EPA is 
proposing to approve the Oregon SIP as meeting the requirements of CAA 
section 110(a)(2)(D)(ii) for the 1997 PM2.5, 2006 
PM2.5, and 2008 ozone NAAQS.

110(a)(2)(E): Adequate resources

    CAA section 110(a)(2)(E) requires each state SIP to provide: (i) 
Necessary assurances that the State will have adequate personnel, 
funding, and authority under State law to carry out the SIP (and is not 
prohibited by any provision of Federal or State law from carrying out 
the SIP or portion thereof), (ii) requirements that the State comply 
with the requirements respecting State boards under section 128, and 
(iii) necessary assurances that, where the State has relied on a local 
or regional government, agency, or instrumentality for the 
implementation of any SIP provision, the State has responsibility for 
ensuring adequate implementation of such SIP provision.
    State submittal: The State submittals cite ORS 468.035 ``Functions 
of Department'' which provides ODEQ authority to employ personnel, 
purchase supplies, enter into contracts, and to receive, appropriate, 
and expend federal and other funds for purposes of air pollution 
research and control. In addition, ORS 468.045 ``Functions of Director; 
Delegation'' provides the ODEQ Director with authority to hire, assign, 
reassign, and coordinate personnel of the department and to administer 
and enforce the laws of the state concerning environmental quality. ORS 
468.035(c) ``Functions of Department'' provides ODEQ authority to 
advise, consult, and cooperate with other states, state and federal 
agencies, or political subdivisions on all air quality control matters. 
ORS 468A.010 ``Policy'' calls for a coordinated statewide program of 
air quality control with responsibility allocated between the state and 
the units of local government. ORS 468A.100-180 ``Regional Air Quality 
Control Authorities'' describes the establishment, role and function of 
regional air quality control authorities. State regulations at OAR 340-
200 ``General Air Quality Definitions'' specify LRAPA has authority in 
Lane County and defines the term ``Regional Agency.'' OAR 340-204 
``Designation of Air Quality Areas'' includes designation of control 
areas within Lane County. OAR 34-216 ``Air Contaminant Discharge 
Permits'' includes permitting authorities for LRAPA.
    EPA analysis: The EPA proposes to find that the Oregon SIP meets 
the adequate personnel, funding and authority requirements of CAA 
section 110(a)(2)(E)(i). The State of Oregon receives sections 103 and 
105 grant funds from the EPA and provides State matching funds 
necessary to carry out SIP requirements. For purposes of CAA section 
110(a)(2)(E)(ii), the EPA approved OAR 340-200-0100 through OAR 340-
200-0120 as meeting the requirements of CAA section 128 on January 22, 
2003 (68 FR 2891). Finally, regarding CAA section 110(a)(2)(E)(iii) 
state responsibility and oversight of local and regional entities, the 
EPA is proposing to find that State law and regulation detailed above 
provides ODEQ with adequate authority to carry out SIP obligations with 
respect to the 1997 PM2.5, 2006 PM2.5, and 2008 
ozone NAAQS. Therefore the EPA is proposing to approve the Oregon SIP 
as meeting the requirements of CAA section 110(a)(2)(E) for the 1997 
PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.

110(a)(2)(F): Stationary source monitoring system

    CAA section 110(a)(2)(F) requires (i) The installation, 
maintenance, and replacement of equipment, and the implementation of 
other necessary steps, by owners or operators of stationary sources to 
monitor emissions from such sources, (ii) periodic reports on the 
nature and amounts of emissions and emissions-related data from such 
sources, and (iii) correlation of such reports by the state agency with 
any emission limitations or standards established pursuant to the CAA, 
which reports shall be available at reasonable times for public 
inspection.
    State submittal: The State submittals refer to the following 
statutory and regulatory provisions which provide authority and 
requirements for source emissions monitoring, reporting, and 
correlation with emission limits or standards:

     ORS 468.035 (b, d) Functions of Department
     ORS 468A.025(4) Air Purity Standards; Air Quality 
Standards; Treatment and Control of Emissions; Rules
     ORS 468A.070 Measurement and Testing of Contamination 
Sources; Rules
     OAR 340-212 Stationary Source Testing and Monitoring
     OAR 340-214 Stationary Source Reporting Requirements
     OAR 340-222 Stationary Source Plant Site Emission Limits
     OAR 340-225 Air Quality Analysis Requirements
     OAR 340-234 Emission Standards for Wood Products 
Industries: Monitoring and Reporting
     OAR 340-236 Emission Standards for Specific Industries: 
Emissions Monitoring and Reporting
     OAR 340-240 Rules for Areas with Unique Air Quality Needs

    EPA analysis: The State statutory provisions listed above provide 
authority to establish a program for measurement and testing of 
sources, including requirements for sampling and testing. The State 
regulations cited above require facilities to monitor and report 
emissions, including requirements for monitoring methods and design, 
and monitoring and quality improvement plans. In addition, stationary 
source reporting requirements include maintaining written records to 
demonstrate compliance with emission rules, limitations, or control 
measures, and requirements for reporting and recordkeeping. Therefore, 
the EPA is proposing to approve the Oregon SIP as meeting the 
requirements of CAA section 110(a)(2)(F) for the 1997 PM2.5, 
2006 PM2.5, and 2008 ozone NAAQS.

110(a)(2)(G): Emergency episodes

    CAA section 110(a)(2)(G) requires states to provide for authority 
to address activities causing imminent and substantial endangerment to 
public health, including contingency plans to implement the emergency 
episode provisions in their SIPs.

[[Page 17311]]

    State submittal: The State submittals cite ORS 468-115 
``Enforcement in Cases of Emergency'' which authorizes the ODEQ 
Director, at the direction of the Governor, to enter a cease and desist 
order for polluting activities that present an imminent and substantial 
danger to public health. In addition, OAR 340-206 ``Air Pollution 
Emergencies'' authorizes the ODEQ Director to declare an air pollution 
alert or warning, or to issue an ozone advisory to notify the public. 
OAR 340-214 ``Stationary Source Reporting Requirements'' requires 
reporting of emergencies and excess emissions and reporting 
requirements.
    EPA analysis: ORS 468-115 ``Enforcement in Cases of Emergency'' 
provides emergency order authority comparable to CAA Section 303. 
Emergency episode SIP requirements are set forth at 40 CFR part 51 
subpart H (prevention of air pollution emergency episodes, sections 
51.150 through 51.153). The EPA has not promulgated revisions to these 
rules for PM2.5. However, the EPA's September 25, 2009 
guidance \7\ made recommendations on how states could address emergency 
episode and contingency plans for PM2.5. Subsequently, on 
December 27, 2011 (76 FR 80747), the EPA approved State revisions to 
OAR 340-206 ``Air Pollution Emergencies'' to add a significant harm 
level, air pollutant alert level, air pollution warning level, and air 
pollutant emergency level for PM2.5, consistent with the 
EPA's September 25, 2009 guidance. OAR 340-206 ``Air Pollution 
Emergencies'' is consistent with the requirements of 40 CFR 51.150 
through 51.153 for ozone. Therefore, the EPA is proposing to approve 
the Oregon SIP as meeting the requirements of CAA section 110(a)(2)(G) 
for the 1997 PM2.5, 2006 PM2.5, and 2008 ozone 
NAAQS.
---------------------------------------------------------------------------

    \7\ See footnote 2.
---------------------------------------------------------------------------

110(a)(2)(H): Future SIP Revisions

    CAA section 110(a)(2)(H) requires that SIPs provide for revision of 
such plan (i) from time to time as may be necessary to take account of 
revisions of such national primary or secondary ambient air quality 
standard or the availability of improved or more expeditious methods of 
attaining such standard, and (ii), except as provided in paragraph 
110(a)(3)(C), whenever the Administrator finds on the basis of 
information available to the Administrator that the SIP is 
substantially inadequate to attain the NAAQS which it implements or to 
otherwise comply with any additional requirements under the CAA.
    State submittal: The State submittals refer to ORS 468A.025 ``Air 
Purity Standards; Air Quality Standards; Treatment and Control of 
Emissions; Rules'' which provides authority for the EQC to establish 
areas of the state that require controls necessary to achieve the 
NAAQS. The submittals also refer to OAR 340-200 ``General Air Pollution 
Procedures and Definitions'' -0040 ``State of Oregon Clean Air Act 
Implementation Plan'' which provides for revisions to the Oregon SIP 
and submittal of revisions to the EPA, including standards submitted by 
a regional authority and adopted verbatim into ODEQ rules.
    EPA analysis: As cited above, the State's SIP provides for 
revisions, and in practice, the State regularly submits SIP revisions 
to the EPA to take into account revisions to the NAAQS and other 
Federal regulatory changes. On December 27, 2011, the EPA approved 
numerous revisions to the Oregon SIP, including updates to the State's 
rules to reflect Federal changes to the NAAQS for PM2.5, 
ozone and lead (76 FR 80747). The EPA proposes to approve the Oregon 
SIP as meeting the requirements of CAA section 110(a)(2)(H) for the 
1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.

110(a)(2)(I): Nonattainment area plan revision under part D

    CAA section 110(a)(2)(I) requires states, in the case of a plan or 
revision for an area designated as nonattainment, to meet the 
applicable requirements of part D of Title I of the CAA relating to 
nonattainment areas.
    EPA analysis: There are two elements identified in CAA section 
110(a)(2) not governed by the three-year submission deadline of CAA 
section 110(a)(1). SIPs incorporating necessary local nonattainment 
area controls are not due within three years after promulgation of a 
new or revised NAAQS, but are, rather, due at the time of the 
nonattainment area plan requirements pursuant to section 172. These 
requirements are: (i) submissions required by CAA section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required in 
part D, Title I of the CAA, and (ii) submissions required by CAA 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, Title I of the CAA. Because the nonattainment 
planning requirements are not governed by the three-year submission 
deadline of CAA section 110(a)(1), this infrastructure action does not 
address to the requirements of CAA section 110(a)(2)(C) with respect to 
nonattainment NSR or CAA section 110(a)(2)(I).

110(a)(2)(J): Consultation with government officials

    CAA section 110(a)(2)(J) requires states to provide a process for 
consultation with local governments and Federal Land Managers who are 
carrying out NAAQS implementation requirements pursuant to CAA section 
121, relating to consultation. CAA section 110(a)(2)(J) further 
requires states to notify the public if NAAQS are exceeded in an area 
and to enhance public awareness of measures that can be taken to 
prevent exceedances. Lastly, CAA section 110(a)(2)(J) requires states 
to meet applicable requirements of part C, title I of the CAA related 
to prevention of significant deterioration and visibility protection.
    State submittal: The State submittals reference specific laws and 
regulations relating to consultation, public notification, and PSD and 
visibility protection:

     ORS 468.020 Rules and Standards
     ORS 468.035(a, c, f-g) Functions of Department
     ORS 468A.010 (1) (b, c) Policy
     ORS 468A.025 Air Purity Standards; Air Quality Standards; 
Treatment and Control of Emissions; Rules
     OAR 340-202 Ambient Air Quality Standards and PSD 
Increments
     OAR 340-204 Designation of Air Quality Areas
     OAR 340-206 Air Pollution Emergencies
     OAR 340-209 Public Participation
     OAR 340-224 Major New Source Review
     OAR 340-225 Air Quality Analysis Requirements

    EPA analysis: The EPA proposes to find that the State's Federally-
approved SIP includes specific provisions for consulting with local 
governments and Federal Land Managers as specified in CAA section 121. 
ODEQ coordinates with local governments, states, Federal Land Managers 
and other stakeholders on air quality issues and provides notice to 
appropriate agencies related to permitting actions. The State regularly 
participates in regional planning processes including the Western 
Regional Air Partnership, which is a regional planning organization 
made up of states, tribes, Federal Land Managers, local air agencies, 
whose purpose is to understand current and evolving regional air 
quality issues in the West. The EPA is proposing to approve the Oregon 
SIP as meeting the requirements of CAA section 110(a)(2)(J) for

[[Page 17312]]

consultation with government officials for the 1997 PM2.5, 
2006 PM2.5, and 2008 ozone NAAQS.
    The State of Oregon sends real time air monitoring information for 
ozone, particulate matter, and carbon monoxide to the EPA's AIRNow Web 
page at http://www.airnow.gov and also provides the information on the 
ODEQ Air Quality Index (AQI) Web site at http://www.deq.state.or.us/aqi 
including measures that can be taken to improve air quality. The EPA is 
proposing to approve the Oregon SIP as meeting the requirements of CAA 
section 110(a)(2)(J) for public notification for the 1997 
PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.
    The requirement in CAA section 110(a)(2)(J) that the SIP meet the 
applicable requirements of part C, title I of the CAA is the same as 
described earlier at CAA section 110(a)(2)(C) as it relates to PSD. The 
EPA most recently approved revisions to the State's Federally-approved 
PSD program on December 27, 2011 (76 FR 80747), including PSD program 
regulation of direct PM2.5, NOX and 
SO2 as precursors to PM2.5, and PSD permitting of 
greenhouse gas-emitting sources. The State's SIP-approved PSD 
permitting program regulates NOX and VOCs as precursors to 
ozone. Therefore, the EPA is proposing to approve the Oregon SIP as 
meeting the requirements of CAA section 110(a)(2)(J) for PSD for the 
1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.
    With regard to the applicable requirements for visibility 
protection, the EPA recognizes that states are subject to visibility 
and regional haze program requirements under part C of Title I of the 
CAA. In the event of the establishment of a new NAAQS, however, the 
visibility and regional haze program requirements under part C, Title I 
of the CAA do not change. Thus we find that there is no new visibility 
obligation triggered under CAA section 110(a)(2)(J) when a new NAAQS 
becomes effective.
    Based on the analysis above, the EPA is proposing to approve the 
Oregon SIP as meeting the requirements of CAA section 110(a)(2)(J) for 
the 1997 PM2.5, 2006 PM2.5, and 2008 ozone NAAQS.

110(a)(2)(K): Air quality and modeling/data

    CAA section 110(a)(2)(K) requires that SIPs provide for (i) the 
performance of such air quality modeling as the Administrator may 
prescribe for the purpose of predicting the effect on ambient air 
quality of any emissions of any air pollutant for which the 
Administrator has established a national ambient air quality standard, 
and (ii) the submission, upon request, of data related to such air 
quality modeling to the Administrator.
    State submittal: The State submittals refer to ORS 468.035 
``Functions of Department'' which provides ODEQ authority to conduct 
studies and investigations to determine air quality. OAR 340-202 
``Ambient Air Quality Standards and PSD Increments'' establishes 
standards and procedures for modeling and reporting data on air 
emissions. OAR 340-216 ``Air Contaminant Discharge Permits'' 
establishes requirements for testing, monitoring, recordkeeping, and 
reporting requirements to determine compliance with emission standards. 
OAR 340-225 ``Air Quality Analysis Requirements'' includes modeling 
requirements for analysis and demonstration of compliance with 
standards and increments in specified areas. OAR 340-226 ``General 
Emission Standards'' provides authority for ODEQ to establish 
additional controls through permitting to prevent violation of ambient 
air quality standards from a source as determined by modeling, 
monitoring or a combination thereof.
    EPA analysis: The EPA previously approved the State's regulations 
on air quality modeling into the SIP on January 22, 2003 (68 FR 2891) 
and these rules require all modeled estimates of ambient concentrations 
be based on 40 CFR part 51, Appendix W (Guidelines on Air Quality 
Models). Any change or substitution from models specified in 40 CFR 
part 51, Appendix W is subject to notice and opportunity for public 
comment and must receive prior written approval from ODEQ and the EPA.
    As an example of the State's modeling capacity, the State of Oregon 
has submitted a recent SIP revision, supported by modeling for ozone. 
The Portland and Salem areas were historically nonattainment under the 
1-hour ozone standard and require maintenance plans that ensure on-
going compliance with the 1997 8-hour ozone standard. On May 22, 2007, 
the State submitted these maintenance plans to the EPA, supported by 
extensive modeling. The EPA approved the SIP revision on December 19, 
2011 (76 FR 78571). Based on the foregoing, the EPA is proposing to 
approve the Oregon SIP as meeting the requirements of CAA section 
110(a)(2)(K) for the 1997 PM2.5, 2006 PM2.5, and 
2008 ozone NAAQS.

110(a)(2)(L): Permitting fees

    CAA section 110(a)(2)(L) requires SIPs to require each major 
stationary source to pay permitting fees to cover the cost of 
reviewing, approving, implementing and enforcing a permit, until such 
time as the SIP fee requirement is superseded by the EPA's approval of 
the state's title V operating permit program.
    State submittal: The State submittals refer to ORS 468.065 
``Issuance of Permits: Content; Fees; Use'' which provides the EQC 
authority to establish a schedule of fees for permits based upon the 
costs of filing and investigating applications, issuing or denying 
permits, carrying out Title V requirements and determining compliance. 
ORS 468A.050 ``Classification of Air Contamination Sources; 
Registration and Reporting of Sources; Rules; Fees'' provides authority 
to the EQC to establish fee schedules for air contamination sources. 
OAR 340-216 ``Air Contaminant Discharge Permits'' requires payment of 
permit fees based on a specified table of sources and fee schedule. In 
addition, the State submittals point to the State's approved title V 
program.
    EPA analysis: On September 28, 1995, the EPA fully approved the 
State's title V program (60 FR 50106) (effective November 27, 1995). 
While the State's operating permit program is not formally approved 
into the State's SIP, it is a legal mechanism the State can use to 
ensure that ODEQ has sufficient resources to support the air program, 
consistent with the requirements of the SIP. The State's title V 
program included a demonstration the State will collect a fee from 
title V sources above the presumptive minimum in accordance with 40 CFR 
70.9(b)(2)(i). The EPA's review process prior to the approval of the 
State's Title V permitting program included an evaluation of the 
State's ability to collect adequate fees. Therefore, the EPA proposes 
to find that the State has satisfied the requirements of CAA section 
110(a)(2)(L) for the 1997 PM2.5, 2006 PM2.5, and 
2008 ozone NAAQS.

110(a)(2)(M): Consultation/participation by affected local entities

    CAA section 110(a)(2)(M) requires states to provide for 
consultation and participation in SIP development by local political 
subdivisions affected by the SIP.
    State submittal: The State submittals refer to the following laws 
and regulations:

     ORS 468.035 (a, c, f-g) Functions of Department
     ORS 468A.010 (1) (b, c) Policy
     ORS 468A.100-180 Regional Air Quality Control Authorities
     ORS 468A.405 Authority to Limit Motor Vehicle Operation 
and Traffic; Rules

[[Page 17313]]

     OAR 340-200 General Air Pollution Procedures and 
Definitions
     OAR 340-204 Designation of Air Quality Areas
     OAR 340-216 Air Contaminant Discharge Permits

    EPA analysis: The regulations cited by the State were previously 
approved on December 27, 2011 (76 FR 80747), and provide for 
consultation and participation in SIP development by local political 
subdivisions affected by the SIP. Therefore the EPA proposes to find 
that the State's SIP meets the requirements of CAA section 110(a)(2)(M) 
for the 1997 PM2.5, 2006 PM2.5, and 2008 ozone 
NAAQS.

VI. Scope of Proposed Action

    Oregon has not demonstrated authority to implement and enforce the 
Oregon Administrative rules within ``Indian Country'' as defined in 18 
U.S.C. 1151. ``Indian country'' is defined under 18 U.S.C. 1151 as: (1) 
All land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation, (2) all dependent Indian communities within the borders of 
the United States, whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State, 
and (3) all Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same. Under 
this definition, the EPA treats as reservations trust lands validly set 
aside for the use of a Tribe even if the trust lands have not been 
formally designated as a reservation. Therefore, this SIP approval does 
not extend to ``Indian Country'' in Oregon. See CAA sections 
110(a)(2)(A) (SIP shall include enforceable emission limits), 
110(a)(2)(E)(i) (State must have adequate authority under State law to 
carry out SIP), and 172(c)(6) (nonattainment SIPs shall include 
enforceable emission limits).

VII. Proposed Action

    The EPA is proposing to find that the Federally-approved provisions 
currently in the Oregon SIP meet the following CAA section 110(a)(2) 
infrastructure elements for the 1997 PM2.5, 2006 
PM2.5, and the 2008 ozone NAAQS: (A), (B), (C), (D)(ii), 
(E), (F), (G), (H), (J), (K), (L), and (M). The EPA is also proposing 
to find that the Federally-approved provisions currently in the Oregon 
SIP meet the requirements of CAA section 110(a)(2)(D)(i)(II) as it 
applies to prevention of significant deterioration for the 2008 ozone 
NAAQS, and CAA section 110(a)(2)(D)(i)(II) as it applies to visibility 
for the 2006 PM2.5 and 2008 ozone NAAQS. This action does 
not propose to approve any additional provisions into the Oregon SIP 
but is a proposed finding that the current provisions of the Oregon SIP 
are adequate to satisfy the above-mentioned infrastructure elements 
required by the CAA. This action is being taken under section 110 of 
the CAA.

VIII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves the state's law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by the state's law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
Oregon, and the EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate Matter, and 
Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 6, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2013-06309 Filed 3-20-13; 8:45 am]
BILLING CODE 6560-50-P


