[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Proposed Rules]
[Pages 40349-40351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17351]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0426, FRL-9998-09-Region 10]


Air Plan Approval: Lane County, Oregon; 2019 Permitting Rule 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
revisions to the Oregon State Implementation Plan (SIP) submitted on 
June 13, 2019. The proposed revisions, applicable in Lane County, 
Oregon, update regulations contained in the SIP to make minor syntax 
and renumbering changes, add a reference to the electronic public 
notice option, and update citations to reference materials such as the 
Code of Federal Regulations (CFR) and the most recent Oregon Source 
Sampling Manual. The EPA reviewed the submitted revisions and proposes 
to find they are consistent with Clean Air Act (CAA) requirements.

DATES: Comments must be received on or before September 13, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0426, 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 electronically submit 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: Jeff Hunt, EPA Region 10, 1200 Sixth 
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or 
hunt.jeff@epa.gov.

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

I. Background

    Each state has a SIP containing the control measures and strategies 
used to attain and maintain the national ambient air quality standards 
(NAAQS) established by the EPA for the criteria pollutants (carbon 
monoxide, lead, nitrogen dioxide, ozone, particulate matter, sulfur 
dioxide). The SIP contains such elements as air pollution control 
regulations, emission inventories, attainment demonstrations, and 
enforcement mechanisms. Section 110 of the CAA requires each state to 
periodically revise its SIP. As a result, the SIP is a living 
compilation of regulatory and non-regulatory elements that are updated 
to address federal requirements and changing air quality issues in the 
state.
    The Oregon Department of Environmental Quality (ODEQ) implements 
and enforces the Oregon SIP through rules set out in Chapter 340 of the 
Oregon Administrative Rules (OAR). Chapter 340 rules apply in all areas 
of the state, except where the Oregon Environmental Quality Commission 
(EQC) has designated a local agency as having primary jurisdiction.
    Lane Regional Air Protection Agency (LRAPA) has been designated by 
the EQC to implement and enforce state rules in Lane County, and to 
adopt local rules that apply within Lane County. LRAPA may promulgate a 
local rule in lieu of a state rule provided: (1) It is as strict as the 
corresponding state rule; and (2) it has been submitted to and not 
disapproved by the EQC. This delegation of authority in the Oregon SIP 
is consistent with CAA section 110(a)(2)(E) requirements for state and 
local air agencies.
    On May 16, 2019, the EQC adopted revised air quality regulations 
applicable in Lane County that became effective May 17, 2019. On June 
13, 2019, the state submitted certain of these rule revisions to the 
EPA for approval into the Oregon SIP. The submitted changes account for 
electronic public notice of proposed major source permits, add 
references to stationary source sampling requirements, make use of 
plain language, and correct errors. We note that some of the adopted 
changes were not submitted for SIP approval because they administer the 
new, state-only air toxics permitting program known as Cleaner Air 
Oregon, established in OAR Chapter 340, Division 245. Cleaner Air 
Oregon is not part of the federally-approved SIP.

II. Evaluation of Submission

    A complete analysis of the LRAPA regulatory changes is included in 
the docket for this action. As detailed in the analysis and discussed 
briefly, not all the LRAPA regulatory changes were submitted for 
incorporation in the SIP. Listed is a summary of the major changes.

A. Title 12: General Provisions and Definitions

    Title 12 contains general procedures and definitions used in 
LRAPA's air quality program. LRAPA made minor changes to clarify rule 
language throughout the definitions section of this title. LRAPA added 
a new definition for ``toxic air contaminant'' to account for the new 
state air toxics permitting program and made conforming changes to 
related definitions in title 12. However, these revisions have limited 
impact on the federally-approved Oregon SIP because the revisions 
primarily relate to the new, state-only air toxics rules which are not 
part of the SIP and were not submitted to the EPA for approval.
    Title 12 also includes key reference materials used throughout 
LRAPA's air quality rules. The submission revises citation dates for 
these reference materials. First, all references to federal 
requirements in the CFR now refer to the July 1, 2018 version. Second, 
all references to the Oregon Source Sampling Manual now refer to the 
November 2018 edition (previously submitted for approval into the SIP, 
see 84 FR 33883, July 16, 2019).
    We reviewed the submitted changes to title 12 and propose to 
approve and incorporate them by reference into the Oregon SIP, except 
all references to ``toxic air contaminants'' and the state-only air 
toxics permitting program set forth in OAR Chapter 340, Division 245, 
because these provisions were not submitted to the EPA for approval.

B. Title 15: Enforcement Procedure and Civil Penalties

    Title 15 contains enforcement procedures and civil penalties for 
violations of environmental regulations. In the submission, LRAPA made 
minor

[[Page 40350]]

edits to this title for clarity and to correct errors. For example, 
LRAPA replaced the phrase ``pursuant to'' with ``under'' because the 
word has a plainer meaning and aligns with the recent changes to OAR 
Chapter 340. In addition, LRAPA corrected references to the federally-
defined term ``Best Available Control Technology'' to match the recent 
revision to OAR Chapter 340.
    We reviewed the submitted changes and propose to find that title 15 
continues to provide LRAPA with adequate authority to enforce the SIP 
as required by section 110 of the CAA and 40 CFR 51.230(b). Consistent 
with our prior action on title 15 on February 20, 2019, we propose to 
approve the changes to this title only to the extent the provisions 
relate to enforcement of the requirements contained in the Oregon SIP 
(84 FR 5000). We are not proposing to incorporate the changes by 
reference into the CFR, however, because the EPA relies on its 
independent enforcement procedures and penalty provisions in bringing 
enforcement actions and assessing penalties under the CAA.

C. Title 31: Public Participation

    Title 31 contains rules to notify the public of certain permit 
actions and give the public an opportunity to participate in the 
permitting process. In the submission, LRAPA added electronic noticing 
(termed e-notice) for draft major new source review (NSR) permits 
consistent with recent EPA rules published on October 18, 2016 and 
intended to modernize the process (81 FR 71613).
    LRAPA also made updates to this title to address the new, state-
only air toxics permitting program. However, the state submitted these 
public participation rule changes only to the extent the rules apply to 
(1) pollutants for which NAAQS have been established (criteria 
pollutants) and precursors to those criteria pollutants as determined 
by the EPA for the applicable geographic area; and (2) any additional 
pollutants that are required to be regulated under part C of title I of 
the CAA, but only for the purposes of meeting or avoiding the 
requirements of part C of title I of the CAA.
    We most recently approved revisions to title 31 on October 5, 2018 
(83 FR 50274). We found that title 31 was consistent with the CAA and 
regulatory requirements for public notice of new source review actions 
in 40 CFR 51.161 Public availability of information, 40 CFR 51.165 
Permit requirements, and 40 CFR 51.166 Prevention of significant 
deterioration of air quality. After reviewing the submitted changes, we 
find that LRAPA's public participation rules continue to meet the CAA 
and the EPA's NSR public notice requirements.

D. Title 37: Air Contaminant Discharge Permits

    The Oregon Air Contaminant Discharge Permit (ACDP) program is both 
the federally-enforceable non-title V operating permit program, and the 
administrative mechanism used to implement the notice of construction 
and NSR programs. There are six types of ACDPs under state rules: 
Construction, General, Short Term Activity, Basic, Simple, and 
Standard. LRAPA made changes to this title to align with changes to OAR 
Chapter 340 to use plain language, clarify requirements, and reference 
the new, state-only air toxics permitting program. LRAPA also revised 
the applicability and jurisdiction section of this title to spell out 
that a source may not continue to operate if the source's ACDP expires, 
or is terminated, denied, or revoked.
    Certain rules in title 37 are used to implement both the SIP-
approved permitting programs and the new, state-only air toxics 
permitting program. In the submission, the state made clear that it 
requested approval of the submitted changes to title 37 for purposes of 
SIP permitting only.\1\ We reviewed the submitted changes and find that 
the program remains consistent with section 110 of the CAA and the 
EPA's implementing regulations.
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    \1\ The state submitted ACDP permitting rule revisions only to 
the extent that the rules apply to (1) pollutants for which NAAQS 
have been established (criteria pollutants) and precursors to those 
criteria pollutants as determined by the EPA for the applicable 
geographic area; and (2) any additional pollutants that are required 
to be regulated under part C of title I of the CAA, but only for the 
purposes of meeting or avoiding the requirements of part C of title 
I of the CAA.
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III. Proposed Action

    The EPA proposes to approve, and incorporate by reference into the 
Oregon SIP, the submitted changes to LRAPA's regulations, state 
effective May 17, 2019:
     Title 12 General Provisions and Definitions (005, 020, 
025);
     Title 31 Public Participation (0020, 0030, 0040, 0050); 
and
     Title 37 Air Contaminant Discharge Permits (0010, 0020, 
0030, 0040, 0090, 8020).\2\
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    \2\ Titles 12, 31, and 37 are proposed to be approved only to 
the extent the rules apply to (1) pollutants for which NAAQS have 
been established (criteria pollutants) and precursors to those 
criteria pollutants as determined by the EPA for the applicable 
geographic area; and (2) any additional pollutants that are required 
to be regulated under Part C of title I of the CAA, but only for the 
purposes of meeting or avoiding the requirements of Part C of title 
I of the CAA.
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    The EPA also proposes to approve, but not incorporate by reference, 
the submitted changes to the following sections, state effective May 
17, 2019:
     Title 15 Enforcement Procedure and Civil Penalties (005, 
018, 020, 025, 030, 045, 055, 060), only to the extent the rules relate 
to enforcement of the requirements contained in the Oregon SIP.

IV. Oregon Notice Provision

    Oregon Revised Statute 468.126 prohibits the ODEQ from imposing a 
penalty for violation of an air, water or solid waste permit unless the 
source has been provided five days' advanced written notice of the 
violation and has not come into compliance or submitted a compliance 
schedule within that five-day period. By its terms, the statute does 
not apply to Oregon's title V program or to any program if application 
of the notice provision would disqualify the program from federal 
delegation. Oregon has previously confirmed that, because application 
of the notice provision would preclude EPA approval of the Oregon SIP, 
no advance notice is required for violation of SIP requirements.

V. Incorporation by Reference

    In this rule, the EPA is proposing to include, in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the provisions described in Section III. The EPA has made, 
and will continue to make, these documents generally available 
electronically through www.regulations.gov and in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).

VI. Statutory and Executive Order Reviews

    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 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,

[[Page 40351]]

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 (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 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).
    The proposed SIP would not be 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 proposed rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it impose substantial direct costs on tribal governments or 
preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 31, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-17351 Filed 8-13-19; 8:45 am]
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