
[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Proposed Rules]
[Pages 8647-8654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04385]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0679; FRL-9990-50-Region 10]


Air Plan Approval; OR: Infrastructure Requirements for the 2015 
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Whenever a new or revised National Ambient Air Quality 
Standard (NAAQS) is promulgated, the Clean Air Act requires each State 
to submit a plan for the implementation, maintenance, and enforcement 
of the standard, commonly referred to as infrastructure requirements. 
The Environmental Protection Agency (EPA) is proposing to approve the 
Oregon Department of Environmental Quality's (ODEQ) State 
Implementation Plan (SIP), submitted on September 21, 2018, as meeting 
infrastructure requirements for the 2015 ozone NAAQS. In addition, the 
EPA is proposing to approve an Oregon Administrative Rule, submitted as 
part of the Cleaner Air Oregon program and

[[Page 8648]]

rule revision on December 11, 2018, which incorporates the Code of 
Federal Regulation November 2018 edition as the version referred to 
throughout their rule.

DATES: Comments must be received on or before April 10, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0679, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information the disclosure of which is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION, CONTACT: Christi Duboiski at (360) 753-9081, 
or duboiski.christi@epa.gov.

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

Table of Contents

I. Background
II. EPA Evaluation
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Background

    On October 26, 2015 (80 FR 65292) the EPA published a rule revising 
the 8-hour ozone NAAQS from 0.075 parts per million (ppm) to a new, 
more protective level of 0.070 ppm. Whenever EPA promulgates a new or 
revised NAAQS, CAA section 110(a)(1) requires states to make SIP 
submissions to provide for the implementation, maintenance, and 
enforcement of the NAAQS. This particular type of SIP submission is 
commonly referred to as an ``infrastructure SIP.''
    These submissions must meet the various requirements of CAA section 
110(a)(2), as applicable. Due to ambiguity in some of the language of 
CAA section 110(a)(2), EPA believes that it is appropriate to interpret 
these provisions in the specific context of acting on infrastructure 
SIP submissions. EPA has previously provided comprehensive guidance on 
the application of these provisions through a guidance document for 
infrastructure SIP submissions and through regional actions on 
infrastructure submissions.\1\ Unless otherwise noted below, we are 
following that existing approach in acting on this submission. In 
addition, in the context of acting on such infrastructure submissions, 
EPA evaluates the submitting state's SIP for facial compliance with 
statutory and regulatory requirements, not for the state's 
implementation of its SIP.\2\ The EPA has other authority to address 
any issues concerning a state's implementation of the rules, 
regulations, consent orders, etc. that comprise its SIP.
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    \1\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013 Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on the Oregon Department of Environmental Quality's 
infrastructure SIP to address the lead NAAQS (79 FR 21679, April 17, 
2014).
    \2\ See U.S. Court of Appeals for the Ninth Circuit decision in 
Montana Environmental Information Center v. EPA, No. 16-71933 (Aug. 
30, 2018).
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    On September 21, 2018, the Oregon Department of Environmental 
Quality (ODEQ) submitted a SIP revision to meet the 2015 ozone NAAQS 
infrastructure requirements.\3\ The EPA is proposing to approve ODEQ's 
submission as meeting certain 2015 ozone NAAQS infrastructure 
requirements.
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    \3\ The September 25, 2018, submission also addressed all 
interstate transport requirements at CAA section 110(a)(2)(D) for 
the 2015 ozone NAAQS. However, this publication proposes action on 
only a portion of those requirements, specifically CAA sections 
110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii). We intend to address the 
remainder of the interstate transport requirements in a separate, 
future action. See section 110(a)(2)(D) below.
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II. EPA Evaluation

110(a)(2)(A): Emission Limits and Other Control Measures

    CAA section 110(a)(2)(A) 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 submission: Oregon's submission cites multiple Oregon air 
quality laws and SIP-approved regulations to address this element for 
the 2015 ozone NAAQS. Oregon Revised Statutes (ORS) 468A.035 General 
Comprehensive Plan provides authority to the ODEQ to develop a general 
comprehensive plan for the control or abatement of air pollution. ORS 
468.020 Rules and Standards gives the Oregon 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 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 specific sources, 
type of air contaminant or specific areas of the State. The Oregon 
submission also cites these other SIP-approved laws and regulations:

 ORS 468 Environmental Quality Generally; Public Health and 
Safety; General Administration
 ORS 468A Air Quality, Public Health and Safety, Air Pollution 
Control
 ORS 468A.010 Policy
 ORS 468A.015 Purpose of air pollution laws
 ORS 468A.045 Activities Prohibited without Permit; Limit on 
Activities with Permit
 ORS 468A.050 Classification of Air Contamination Sources; 
Registration and Reporting; Registration and Reporting of Sources; 
Rules; Fees
 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.310 Federal Operating Permit Program Approval; Rules; 
Content of Plan
 ORS 468A.315 Emission Fees for Major Sources; Base Fees; Basis 
of Fees; Rules
 ORS 468A.350-455 Motor Vehicle Pollution Control
 ORS 468A.625-.645 Chlorofluorocarbons and Halon Control
 ORS 468A.650-.660 Aerosol Spray Control
 ORS 468A.990 Penalties
 OAR 340-200-0020 General Air Pollution Procedures and 
Definitions
 OAR 340-202 Ambient Air Quality Standards and PSD Increments

[[Page 8649]]

 OAR 340-204 Designation of Air Quality Areas
 OAR 340-216 Air Contaminant Discharge Permits
 OAR 340-222 Stationary Source Plant Site Emission Limits
 OAR 340-223 Regional Haze Rules
 OAR 340-224 New Source Review
 OAR 340-226 General Emission Standards
 OAR 340-232 Emission Standards for VOC Point Sources
 OAR 340-236 Emission Standards for Specific Industries: 
Emission Limits
 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 340-268 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 2015 ozone NAAQS. We recently approved 
updates to the Oregon ambient air quality standards in Division 202 to 
account for the 2015 ozone NAAQS (83 FR 24034, May 24, 2018). Oregon 
has no areas designated nonattainment for the 2015 ozone NAAQS. We 
note, however, that 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). 
Regulations and other control measures for purposes of attainment 
planning under part D, title I of the CAA are due on a different 
schedule than infrastructure SIPs.
    Oregon regulates emissions of ozone precursors through its SIP-
approved new source review (NSR) permitting program, in addition to 
provisions described below. Oregon's SIP-approved NSR program, in 
Division 224 New Source Review, is administered through Division 216 
Air Contaminant Discharge Permits. The EPA most recently approved 
revisions to Oregon's NSR program as meeting Federal requirements on 
October 10, 2017 (82 FR 47122). The program regulates new and modified 
stationary sources of nitrogen oxides (NOX) and Volatile 
Organic Compounds (VOC) as precursors to ozone.
    In addition to permitting provisions, Oregon's SIP contains 
numerous rules that limit emissions of NOX and VOC as 
precursors to ozone formation. These rules (listed above) include 
requirements to reduce pollutants that reduce visibility and contribute 
to regional haze, emission standards for VOC point sources, emission 
limits for hot mix asphalt plants and other industries, industrial 
emission management rules that apply to the Portland area, and 
requirements that regulate motor vehicle fuel content specifications 
and certification of vehicle pollution control systems. As a result, we 
are proposing to approve the Oregon SIP as meeting the requirements of 
CAA section 110(a)(2)(A) for the 2015 ozone NAAQS.

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 submission: The Oregon submission references 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 and ORS 468A.070 
Measurement and Testing of Contamination Sources; Rules which provides 
the authority to establish a measurement and testing program. In 
addition, ORS 468A.025 Air Purity Standards; Air Quality Standards; 
Treatment and Control of Emissions; Rules requires controls necessary 
to achieve ambient air quality standards and prevent significant 
impairment of visibility. The submission also references Division 212 
Stationary Source Testing and Monitoring regulations which sets 
requirements, methods, and criteria for emission monitoring and 
reporting.
    EPA analysis: A comprehensive air quality monitoring plan, intended 
to meet federal requirements, was originally submitted by Oregon on 
December 27, 1979 (40 CFR 52.1970) and approved by the EPA on March 4, 
1981 (46 FR 15136). The plan includes statutory and regulatory 
authority to establish and operate an air quality monitoring network, 
including ozone monitoring. Oregon's SIP-approved regulations at 
Division 212 govern stationary source testing and monitoring in 
accordance with Federal reference methods. Every five years, Oregon 
assesses the adequacy of the State monitoring network and submits that 
assessment to the EPA for review. In practice, Oregon operates a 
comprehensive monitoring network, including ozone monitoring, compiles 
and analyzes collected data, and submits the data to the EPA's Air 
Quality System on a quarterly basis. Therefore, we are proposing to 
approve the Oregon SIP as meeting the requirements of CAA section 
110(a)(2)(B) for the 2015 ozone NAAQS.

110(a)(2)(C): Program for Enforcement of Control Measures

    CAA section 110(a)(2)(C) requires each State to include a program 
providing for enforcement of all SIP measures and the regulation of 
construction of new or modified stationary sources, including a program 
to meet PSD and nonattainment NSR requirements.
    State submission: The Oregon submission refers to ORS 468.090-140 
Enforcement which provides the 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 Functions of the Department, paragraphs (j) 
and (k), provide the ODEQ with authority to enforce Oregon air 
pollution laws and compel compliance with any rule, standard, order, 
permit or condition. The submission also cites:

 ORS 468.020 Rules and Standards
 ORS 468.065 Issuance of Permits; Consent; Fees; Use
 ORS 468.070 Denial, Modification, Suspension or Revocation of 
Permits
 ORS 468.920-963 Environmental Crimes
 ORS 468.996-997 Civil Penalties
 ORS 468A.025 Air Purity Standards; Air Quality Standards; 
Treatment and Control of Emissions; Rules
 ORS 468A.035 General Comprehensive Plan
 ORS 468A.040 Permits; Rules
 ORS 468A.045 Activities Prohibited without Permit; Limit on 
Activities with Permit
 ORS 468A.050 Classification of Air Contamination Sources; 
Registration and Reporting; Registration and Reporting of Sources; 
Rules; Fees
 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.310 Federal Operating Permit Program Approval; Rules; 
Content of Plan

[[Page 8650]]

 ORS 468A.990 Penalties for Air Pollution Offenses
 OAR 340-012 Enforcement Procedure and Civil Penalties
 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 New Source Review
    EPA analysis: The EPA is proposing to find that Oregon code 
provisions provide the ODEQ with authority applicable to the 2015 ozone 
standard to enforce the air quality laws, regulations, permits, and 
orders promulgated pursuant to ORS Chapters 468 and 468A. The 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.
    To generally meet the requirements of CAA section 110(a)(2)(C) for 
regulation of construction of new or modified stationary sources, each 
State is required to have PSD, nonattainment NSR, and minor NSR 
permitting programs adequate to implement the 2015 ozone NAAQS. As 
explained above, we are not in this action evaluating nonattainment-
related provisions, including the nonattainment NSR program required by 
part D, title I of the CAA.
    Oregon's Federally-enforceable State operating permit program, at 
Division 216 Air Contaminant Discharge Permits, is also the 
administrative permit mechanism used to implement the SIP-approved NSR 
program. We most recently approved revisions to the NSR program 
(Divisions 200, 202, 209, 212, 216, 222, 224, 225, and 268) as meeting 
Federal requirements at 40 CFR 51.160 through 164 (minor NSR) and 40 
CFR 51.166 (PSD) on October 11, 2017 (82 FR 47122). The Oregon minor 
NSR and PSD rules meet current requirements for all regulated NSR 
pollutants. Therefore, we are proposing to approve the Oregon SIP as 
meeting the requirements of CAA section 110(a)(2)(C) for the 2015 ozone 
NAAQS.

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

    CAA section 110(a)(2)(D)(i) addresses four separate elements, or 
``prongs.'' CAA section 110(a)(2)(D)(i)(I) requires SIPs to 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 SIPs to 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).
    CAA section 110(a)(2)(D)(ii) states SIPs must include provisions 
ensuring compliance with the applicable requirements of CAA sections 
126 and 115 (relating to interstate and international pollution 
abatement). CAA section 126 requires notification to neighboring States 
of potential impacts from a new or modified major stationary source and 
specifies how a State may petition the EPA when a major source or group 
of stationary sources in a State is thought to contribute to certain 
pollution problems in another State. CAA section 115 governs the 
process for addressing air pollutants emitted in the United States that 
cause or contribute to air pollution that may reasonably be anticipated 
to endanger public health or welfare in a foreign country.
    State submission: The Oregon submission addresses all interstate 
transport requirements of the CAA. This proposed action, however, 
addresses only the CAA sections 110(a)(2)(D)(i)(II), and 
110(a)(2)(D)(ii). We intend to address the remainder of the interstate 
transport requirements in a separate, future action.
    To meet the provisions of the CAA sections 110(a)(2)(D)(i)(II), and 
110(a)(2)(D)(ii), the Oregon submission references the State's SIP-
approved NSR program, the State's SIP-approved regional haze plan and 
the recently SIP-approved Oregon Regional Haze Progress Report (May 17, 
2018, 83 FR 22853). The Oregon submission also references Division 209 
Public Participation, approved as part of the Oregon NSR program, and 
asserts that Oregon regulations are consistent with Federal 
requirements in Appendix N of 40 CFR part 50 pertaining to the 
notification of interstate pollution abatement.
    EPA analysis: The EPA believes that the PSD sub-element of CAA 
section 110(a)(2)(D)(i)(II) (prong 3) is satisfied where major new and 
modified stationary sources in attainment and unclassifiable areas are 
subject to a SIP-approved PSD program. The EPA most recently approved 
revisions to Oregon's NSR program as meeting Federal PSD requirements 
on October 11, 2017 (82 FR 47122). Therefore, we are proposing to 
approve the Oregon SIP as meeting CAA section 110(a)(2)(D)(i)(II) prong 
3 with respect to PSD for the 2015 ozone NAAQS.
    The EPA believes, as noted in the 2013 Guidance, where a State's 
regional haze plan has been approved as meeting all current 
obligations, a State may rely upon those provisions in support of its 
demonstration that it satisfies CAA section 110(a)(2)(D)(i)(II) as it 
relates to visibility (prong 4). On July 5, 2011, the EPA approved 
portions of the Oregon regional haze plan, including the requirements 
for best available retrofit technology (76 FR 38997). We approved the 
remaining elements of the Oregon regional haze plan on August 22, 2012 
(77 FR 50611). In addition, on May 17, 2018, the EPA approved the 
Oregon Regional Haze Progress Report and determined the existing 
regional haze SIP adequate to meet the State's visibility goals and 
requires no substantive revisions at this time (83 FR 22853). Because 
we approved the Oregon plan as meeting regional haze requirements, we 
are proposing to approve the Oregon SIP as meeting CAA section 
110(a)(2)(D)(i)(II) prong 4 visibility requirements with respect to the 
2015 ozone NAAQS.
    The Division 209 public notice provisions in Oregon's SIP-approved 
NSR program require that for major NSR permit actions, Oregon must 
provide notice to neighboring States, among other officials and 
agencies. This notice requirement is consistent with CAA section 
126(a). In addition, Oregon has no pending obligations under section 
115 or 126(b) of the CAA. Therefore, we are proposing to approve the 
Oregon SIP as meeting the requirements of CAA section 110(a)(2)(D)(ii) 
for the 2015 ozone NAAQS.

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

    CAA section 110(a)(2)(E) requires each State 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 State board provisions under CAA 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

[[Page 8651]]

adequate implementation of such SIP provision.
    State submission: With respect to sub-element (E)(i), the Oregon 
submission cites ORS 468.035 Functions of Department which provides the 
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. The ODEQ has an 
intergovernmental agreement to delegate its authority to implement the 
requirements of the CAA in Lane County, Oregon to the Lane Regional Air 
Protection Agency (LRAPA). In addition, the submission cites the CAA 
section 105 grants received from the EPA and matched through the Oregon 
General Fund.
    Turning to sub-element (E)(ii), the submission cites OAR 340-200-
0100 Purpose, OAR 340-200-0110 Public Interest Representation, and OAR 
340-200-0120 Disclosure of Potential Conflicts of Interest. The 
submission states that the EPA approved the listed regulatory 
provisions as meeting the requirements of CAA section 128 on January 
22, 2003 (68 FR 2891). In addition, the submission cites LRAPA Title 
12, Section 025 (recodified to LRAPA Title 13, Section 025 Conflict of 
Interest), approved by the EPA on March 1, 1989 (54 FR 8538), and notes 
it meets CAA section 128.
    With respect to sub-element (E)(iii), the submission cites ORS 
468.020 Rules and Standards which requires a public hearing on any 
proposed rule or standard prior to adoption. ORS 468.035(c) Functions 
of Department provides the 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 in Division 200 specify LRAPA 
has authority in Lane County, defines the term Regional Agency and 
describes inclusion of LRAPA's actions into the SIP. Division 204 
includes designation of control areas within Lane County. Division 216 
Air Contaminant Discharge Permits includes permitting authority for 
LRAPA.
    EPA analysis: We are proposing to find that the above-referenced 
provisions provide Oregon with adequate authority to carry out SIP 
obligations with respect to the 2015 ozone NAAQS as required by CAA 
section 110(a)(2)(E)(i). We are also proposing to approve the Oregon 
SIP as meeting CAA section 110(a)(2)(E)(ii) because we previously 
approved the SIP for purposes of CAA section 128. On January 22, 2003, 
we approved OAR 340-200-0100 through OAR 340-200-0120 as meeting CAA 
section 128 (68 FR 2891). In addition, we approved LRAPA Title 12, 
Section 025 (recodified at LRAPA Title 13, section 025) as meeting CAA 
section 128 on March 1, 1989 (54 FR 8538).
    We are proposing to find that Oregon has provided 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 the SIP as required by CAA section 110(a)(2)(E)(iii). 
Therefore, we are proposing to approve the Oregon SIP as meeting the 
requirements of CAA sections 110(a)(2)(E) for the 2015 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 submission: The Oregon submission refers to the following 
statutory and regulatory provisions for source emissions monitoring, 
reporting, and correlation with emission limits or standards:

 ORS 468.020 Rules and Standards
 ORS 468.035 Functions of Department paragraphs (b) and (d)
 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
 ORS 468A.310 Federal operating permit program approval; rules; 
content of plan
 ORS 468A.365 Certification of Motor Vehicle Pollution Control 
Systems and Inspection of Motor Vehicles; 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 340-224-0070 New Source Review, Prevention of Significant 
Deterioration Requirements for Sources in Attainment or Unclassified 
Areas
 OAR 340-225 Air Quality Analysis Requirements
 OAR 340-232 Emission Standards for VOC Point Sources
 OAR 340-236 Emission Standards for Specific Industries: 
Emissions Monitoring and Reporting
 OAR 340-250 General Conformity
 OAR 340-258-0010 through 0310 Motor Vehicle Fuel 
Specifications, record keeping and reporting

    EPA analysis: The Oregon statutory provisions listed above provide 
authority to establish a program for measurement and testing of 
sources, including requirements for sampling and testing with respect 
to the 2015 ozone NAAQS. The Oregon regulations cited above require 
facilities to monitor and report emissions, including requirements for 
monitoring methods and design, and monitoring and quality improvement 
plans. Oregon's stationary source reporting requirements include 
maintaining written records to demonstrate compliance with emission 
rules, limitations, or control measures, and requirements for reporting 
and recordkeeping. Information is made available to the public through 
public processes outlined at OAR 340-209 Public Participation.
    Oregon submits emissions data to the EPA for purposes of the 
National Emissions Inventory (NEI). The NEI is the EPA's central 
repository for air emissions data. Oregon submits a comprehensive 
emission inventory every three years and reports emissions for certain 
larger sources annually through the EPA's online Emissions Inventory 
System. Oregon reports emissions data for the six criteria pollutants 
and voluntarily reports emissions of hazardous air pollutants. The EPA 
compiles the emissions data, supplementing it where necessary, and 
releases it to the public through the website https://www.epa.gov/air-emissions-inventories.

[[Page 8652]]

    Based on the analysis above, we are proposing to approve the Oregon 
SIP as meeting the requirements of CAA section 110(a)(2)(F) for the 
2015 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 adequate contingency plans to implement the 
emergency episode provisions in their SIPs.
    State submission: The Oregon submission cites 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 advisory to notify the public. OAR 340-214 
Stationary Source Reporting Requirements governs reporting of 
emergencies and excess emissions and reporting requirements.
    EPA analysis: Section 303 of the CAA provides authority to the EPA 
Administrator to restrain any source from causing or contribution to 
emissions which present an ``imminent and substantial endangerment to 
public health or welfare, or the environment.'' We find that ORS 468-
115 Enforcement in Cases of Emergency provides emergency order 
authority comparable to CAA section 303.
    We recently approved revisions to the Oregon air pollution 
emergency rules at OAR 340-206 Air Pollution Emergencies on October 11, 
2017 (82 FR 47122). Oregon's rules are consistent with Federal 
emergency episode requirements for ozone (prevention of air pollution 
emergency episodes, 40 CFR part 51 subpart H; sections 51.150 through 
51.153). Accordingly, we are proposing to approve the Oregon SIP as 
meeting the requirements of CAA section 110(a)(2)(G) for the 2015 ozone 
NAAQS.

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

    CAA section 110(a)(2)(H) requires that SIPs provide for revision of 
a State plan (i) from time to time as may be necessary to take account 
of revisions of a national primary or secondary ambient air quality 
standard or the availability of improved or more expeditious methods of 
attaining the standard, and (ii), except as provided in paragraph 
110(a)(3)(C), whenever the Administrator finds 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 submission: The Oregon submission refers to ORS 468.020 Rules 
and Standards which requires public notice on any proposed rule or 
standard prior to adoption, and ORS 468A.035 ``General Comprehensive 
Plan'' which requires the ODEQ to develop a general comprehensive plan 
for the control or abatement of air pollution. The submission also 
refers to OAR 340-200-0040 State of Oregon Clean Air Act Implementation 
Plan which provides for revisions to the Oregon SIP and submission of 
revisions to the EPA, including standards submitted by a regional 
authority and adopted verbatim into State rules.
    EPA analysis: As cited above, the Oregon SIP provides for 
revisions, and in practice, Oregon regularly submits SIP revisions to 
the EPA. On October 11, 2017, the EPA approved many revisions to the 
Oregon SIP (82 FR 47122). Other recent EPA actions on revisions to the 
Oregon SIP include but are not limited to: May 24, 2018 (83 FR 24034); 
May 17, 2018 (83 FR 22853); February 8, 2018 (83 FR 5537); October 21, 
2016 (81 FR 72714); July 20, 2016 (81 FR 47029); June 6, 2016 (81 FR 
36176); May 16, 2018 (81 FR 30181). Accordingly, we are proposing to 
approve the Oregon SIP as meeting the requirements of CAA section 
110(a)(2)(H) for the 2015 ozone NAAQS.

110(a)(2)(I): Nonattainment Area Plan Revision Under Part D

    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) 
because SIPs incorporating necessary local nonattainment area controls 
are due on nonattainment area plan schedules pursuant to section 172 
and the various pollutant-specific subparts 2 through 5 of part D. 
These are submissions required by: (i) 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) 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 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 carrying 
out NAAQS implementation requirements pursuant to CAA section 121. 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 submission: The Oregon submission references specific laws 
and regulations relating to consultation, public notification, and PSD:

 ORS 468.020 Rules and Standards
 ORS 468.025 Air Purity Standards; Air Quality Standards; 
Treatment and Control of Emissions; Rules
 ORS 468.035 Functions of Department paragraphs (a), (c), (f) 
and (g)
 ORS 468A.010 Policy paragraphs (1)(b) and (c)
 OAR 340-202 Ambient Air Quality Standards and PSD Increments
 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 340-216 Air Contaminant Discharge Permits (ACDP)
 OAE 340-223 Regional Haze Rules
 OAR 340-224 New Source Review
 OAR 340-225 Air Quality Analysis Requirements
 OAR 340-252 Transportation Conformity

    EPA analysis: The Oregon SIP includes specific provisions for 
consulting with local governments and Federal Land Managers as 
specified in CAA section 121, including the Oregon rules for PSD 
permitting. The EPA most recently approved revisions to the Oregon NSR 
program, which provides opportunity and procedures for public comment 
and notice to appropriate Federal, State and local agencies, on October 
11, 2017 (82 FR 47122). In addition, we approved the Oregon rules that 
define transportation conformity consultation on October 4, 2012 (77 FR 
60627) and regional haze interagency planning on July 5, 2011 (76 FR 
38997).
    In practice, the ODEQ routinely coordinates with local governments, 
States, Federal Land Managers and other stakeholders on air quality 
issues including transportation conformity and regional haze, and 
provides notice to appropriate agencies related to permitting actions. 
Oregon participates in regional planning processes including the 
Western Regional Air

[[Page 8653]]

Partnership, which is a voluntary partnership of States, Tribes, 
Federal Land Managers, local air agencies and the EPA, whose purpose is 
to understand current and evolving regional air quality issues in the 
West. Based on the provisions above, we are proposing to find that the 
Oregon SIP meets the requirements of CAA section 110(a)(2)(J) for 
consultation with government officials for the 2015 ozone NAAQS.
    Section 110(a)(2)(J) also requires States to notify the public if 
ambient air quality standards are exceeded in an area. States must 
advise the public of the health hazards associated with air pollution 
and what can be done to prevent exceedances. The EPA calculates an air 
quality index for five major air pollutants regulated by the CAA: 
Ground-level ozone, particulate matter, carbon monoxide, sulfur 
dioxide, and nitrogen dioxide. This air quality index (AQI) provides 
daily information to the public on air quality. Oregon actively 
participates and submits information to the EPA's AIRNOW and 
Enviroflash Air Quality Alert programs which provide information to the 
public on local air quality. Oregon also provides the AQI to the public 
at http://www.deq.state.or.us/aqi/. Therefore, we are proposing to find 
that the Oregon SIP meets the requirements of CAA section 110(a)(2)(J) 
for public notification for the 2015 ozone NAAQS.
    Turning to the requirement in CAA section 110(a)(2)(J) that the SIP 
meet the applicable requirements of part C, title I of the CAA, we have 
evaluated this requirement in the context of CAA section 110(a)(2)(C) 
and permitting. The EPA most recently approved revisions to Oregon's 
PSD program on October 11, 2017 (82 FR 47122), updating the program for 
current Federal requirements. Therefore, we are proposing to approve 
the Oregon SIP as meeting the requirements of CAA 110(a)(2)(J) with 
respect to PSD for the 2015 NAAQS.
    With respect to visibility protection under element (J), the EPA 
recognizes that States are subject to visibility and regional haze 
program requirements under part C of the CAA. In the event of the 
establishment of a new NAAQS, however, the visibility and regional haze 
program requirements under part C do not change. Thus, we find that 
there is no new applicable requirement relating to visibility triggered 
under CAA section 110(a)(2)(J) when a new NAAQS becomes effective.
    Based on the above analysis, we are proposing to approve the Oregon 
SIP as meeting the requirements of CAA section 110(a)(2)(J) for the 
2015 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 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 NAAQS, and (ii) the submission, upon request, of data 
related to such air quality modeling to the Administrator.
    State submission: The Oregon submission refers to ORS 468-020 Rules 
and Standards which requires public hearing on any proposed rule or 
standard prior to adoption, and ORS 468.035 Functions of Department 
which provides the ODEQ authority to conduct studies and investigations 
to determine air quality. The submission also references OAR 340-225 
Air Quality Analysis Requirements which includes modeling requirements 
for analysis and demonstration of compliance with standards and 
increments in specified areas.
    In addition, on December 11, 2018, Oregon submitted OAR 340-200-
0035 Reference Materials as a related rule amendment associated with 
ODEQ's Cleaner Air Oregon program and rule submission.\4\ Specifically, 
OAR 340-200-0035(1) was revised to incorporate the Code of Federal 
Regulations, July 1, 2018 edition, as the updated reference to be used 
throughout their rule.
---------------------------------------------------------------------------

    \4\ The Cleaner Air Oregon program and rules, and related rules, 
add public health-based protection from emissions of industrial 
toxic air contaminants to the state's existing air permitting 
regulatory framework. The goal of the Cleaner Air Oregon program is 
to evaluate potential health risks to people near commercial and 
industrial facilities that emit regulated toxic air contaminants, 
communicate those results to affected communities, and ultimately 
reduce those risks below health-based standards.
---------------------------------------------------------------------------

    EPA analysis: The EPA previously approved OAR 340-225 Air Quality 
Analysis Requirements on October 11, 2017 (82 FR 47122). These rules 
specify that modeled estimates of ambient concentrations be based on 40 
CFR part 51, appendix W (Appendix W) (Guidelines on Air Quality 
Models). Oregon's SIP requires modeled estimates of ambient 
concentrations be based on the current version of Appendix W, 
consistent with the EPA's implementing regulations in 40 CFR part 51.
    On December 11, 2018, the ODEQ submitted revised OAR 340-200-0035 
Reference Materials as part of its Cleaner Air Oregon SIP submission. 
Specifically, the submission of OAR 340-200-0035(1) incorporates 
Appendix W, as of July 1, 2018 and therefore captures the EPA's recent 
changes to the Federal Guidelines on Air Quality Models codified in 40 
CFR part 51, appendix W (January 17, 2017, 82 FR 5182). Any change or 
substitution from models specified in Appendix W is subject to notice 
and opportunity for public comment and must receive prior written 
approval from the ODEQ and the EPA.
    Based on the above information, we are proposing to approve the 
Oregon SIP as meeting the requirements of CAA section 110(a)(2)(K) for 
the 2015 ozone NAAQS. We are also proposing to approve the revised OAR 
340-200-0035(1) Reference Materials.

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

    CAA section 110(a)(2)(L) directs SIPs to require each major 
stationary source to pay permitting fees to cover the cost of 
reviewing, approving, implementing and enforcing a permit.
    State submission: The Oregon submission refers to ORS 468.065 
Issuance of Permits: Content; Fees; Use which provides the EQC 
authority to establish a schedule of fees for permits based on the 
costs of filing and investigating applications, issuing or denying 
permits, carrying out title V requirements and determining compliance. 
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 submission also references OAR 340-216 Air 
Contaminant Discharge Permits which requires payment of permit fees 
based on a specified table of sources and fee schedule.
    EPA analysis: On September 28, 1995, the EPA fully-approved 
Oregon's title V operating permit program (60 FR 50106). While Oregon's 
title V program is not formally approved into the SIP, it is a 
mechanism the State can use to ensure the ODEQ has sufficient resources 
to support the air program, consistent with the requirements of the 
SIP. Before the EPA can grant full approval, a State must demonstrate 
the ability to collect adequate fees. The Oregon title V program 
included a demonstration that fees would be adequate, and that the 
State would collect fees from title V sources above the presumptive 
minimum in accordance with 40 CFR 70.9(b)(2)(i). In addition, we note 
that Oregon SIP-approved regulations require fees for purposes of major 
and minor NSR permitting, as specified in OAR 340-216-0090 Sources 
Subject to ADCP and

[[Page 8654]]

Fees, OAR 340-216-8010 Table 1--Activities and Sources, and OAR 340-
216-8020 Table 2--Air Contaminant Discharge Permits (fee schedule). 
Therefore, we are proposing to conclude that Oregon has satisfied the 
requirements of CAA section 110(a)(2)(L) for the 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 submission: The Oregon submission refers to the following 
laws and regulations:

 ORS 468.020 Rules and Standards
 ORS 468.035 Functions of Department paragraphs (a), (c), (f), 
and (g)
 ORS 468A.010 Policy paragraphs (1)(b) and (c)
 ORS 468A.025 Air Purity Standards; Air Quality Standards; 
Treatment and Control of Emissions; Rules
 ORS 468A.035 General Comprehensive Plan
 ORS 468A.040 Permits; Rules
 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.100-180 Regional Air Quality Control Authorities
 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 Oregon 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. We are proposing to approve the 
Oregon SIP as meeting the requirements of CAA section 110(a)(2)(M) for 
the 2015 ozone NAAQS.

III. Proposed Action

    The EPA is proposing to find the Oregon SIP meets the following CAA 
section 110(a)(2) infrastructure elements for the 2015 ozone NAAQS: 
(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), 
and (M). This proposed action addresses only the interstate transport 
requirements of CAA sections 110(a)(2)(D)(i)(II), and 110(a)(2)(D)(ii). 
We intend to address the remainder of the interstate transport 
requirements in a separate, future action. In addition, we are also 
proposing to approve into the Oregon SIP, and incorporate by reference 
at 40 CFR part 52, subpart MM, a revision to Oregon's Administrative 
Rule 340-200-0035(1) Reference Materials submitted as part of the 
Cleaner Air Oregon SIP on December 11, 2018.

IV. Incorporation by Reference

    In this document, we are proposing to include in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference the provisions described above in Section V. Proposed Action. 
The EPA has made, and will continue to make, these documents generally 
available electronically through https://www.regulations.gov and in 
hard copy at the appropriate EPA office (see the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 (Public Law 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 it does not involve technical standards; 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: February 25, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-04385 Filed 3-8-19; 8:45 am]
 BILLING CODE 6560-50-P


