[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30528-30529]
[FR Doc No: 2012-12499]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9675-4]

Notification of a Public Teleconference of the Science Advisory
Board; Libby Amphibole Asbestos Review Panel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) Science
Advisory Board (SAB) Staff Office

announces a public teleconference of the SAB Libby Amphibole Asbestos
Panel to discuss the Panel's revised draft review report of EPA's
Toxicological Review of Libby Amphibole Asbestos (August 2011 Draft).

DATES: The public teleconference will take place on July 25, 2012 from
1:00 p.m. to 4:00 p.m. (Eastern Daylight Time).

ADDRESSES: The public teleconference will be conducted by telephone
only.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing
further information concerning the public teleconference may contact
Dr. Diana Wong, Designated Federal Officer (DFO), SAB Staff Office, by
telephone/voice mail at<PHONE_NUMBER> or via email at<EMAIL_ADDRESS>General information concerning the EPA Science Advisory
Board can be found at the EPA SAB Web site at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION:
    Background: The SAB was established pursuant to the Environmental
Research, Development, and Demonstration Authorization Act (ERDAA)
codified at 42 U.S.C. 4365, to provide independent scientific and
technical peer review, advice, consultation, and recommendations to the
EPA Administrator on the technical basis for EPA actions. As a Federal
Advisory Committee, the SAB conducts business in accordance with the
Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2) and related
regulations. Pursuant to FACA and EPA policy, notice is hereby given
that the SAB Libby Amphibole Asbestos Panel will hold a public
teleconference to discuss its revised draft review report of EPA's
draft Toxicological Review of Libby Amphibole Asbestos (August 2011).
The Panel previously held a public meeting on February 6-8, 2012
(Federal Register 76, Number 247, Page 80368), and public
teleconferences on May 1 and May 8, 2012 (Federal Register 77, Number
60, Page 18808) to discuss its review comments and draft report,
respectively. The SAB will comply with the provisions of FACA and all
appropriate SAB Staff Office procedural policies. Background
information about this SAB review can be found on the SAB Web site at
http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/Libby%20Cancer%20Assessment?OpenDocument.
    Availability of the review materials: Agendas and materials in
support of the teleconference will be placed on the SAB Web site at
http://www.epa.gov/sab in advance of the teleconference. For technical
questions and information concerning EPA's Draft Toxicological Review
of Libby Amphibole Asbestos (August 2011), please contact Dr. Danielle
DeVoney, of EPA's National Center for Environmental Assessment (NCEA),
by phone<PHONE_NUMBER>, or via email at<EMAIL_ADDRESS>or
Dr. Bob Benson, of EPA Region 8, by phone<PHONE_NUMBER>, or via email
at<EMAIL_ADDRESS>    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office. Federal advisory committees and panels, including
scientific advisory committees, provide independent advice to EPA.
Members of the public can submit comments for a federal advisory
committee to consider as it develops advice for EPA. Input from the
public to the SAB will have the most impact if it consists of comments
that provide specific scientific or technical information or analysis
for the SAB panel to consider or if it relates to the clarity or
accuracy of the technical information.
    Oral Statements: In general, individuals or groups requesting an
oral presentation at a public teleconference will be limited to three
minutes per speaker. Interested parties should contact Dr. Diana Wong,
DFO, in writing (preferably via email), at the contact information
noted above, by July 18, 2012 to be placed on the list of public
speakers for the July 25, 2012 public teleconference. Written
Statements: Written statements should be received in the SAB Staff
Office by July 18, 2012 so that the information may be made available
to the SAB Panel for their consideration. Written statements should be
supplied to the DFO in electronic format via email (acceptable file
formats: Adobe Acrobat PDF, WordPerfect, MS Word, MS PowerPoint, or
Rich Text files in IBM-PC/Windows 98/2000/XP format). It is the SAB
Staff Office general policy to post written comments on the web page
for the advisory meeting or teleconference. Submitters are requested to
provide an unsigned version of each document because the SAB Staff
Office does not publish documents with signatures on its Web sites.
Members of the public should be aware that their personal contact
information, if included in any written comments, may be posted to the
SAB Web site. Copyrighted material will not be posted without explicit
permission of the copyright holder.
    Procedures for Registration to Listen to the Teleconference:
Members of the public who would like to listen to the conference call
should contact Dr. Diana Wong, DFO, via email at the contact
information noted above by July 23, 2012.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Diana Wong at the
phone number or email address noted above, preferably at least ten days
prior to the meeting, to give EPA as much time as possible to process
your request.

    Dated: May 16, 2012.
Thomas H. Brennan,
Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2012-12499 Filed 5-22-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Proposed Rules]
[Pages 59090-59102]
[FR Doc No: 2011-24525]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0767, FRL-9470-6]

Approval and Promulgation of Implementation Plans; Oregon: New
Source Review/Prevention of Significant Deterioration Rule Revisions
and Air Quality Permit Streamlining Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a portion of the State
Implementation Plan (SIP) revision submitted by the State of Oregon for
the purpose of addressing the third element of the interstate transport
provisions of Clean Air Act (CAA or the Act) section
110(a)(2)(D)(i)(II) for the 1997 8-hour ozone National Ambient Air
Quality Standards (NAAQS or standards) and the 1997 and 2006 fine
particulate matter (PM2.5) NAAQS. The third element of CAA
section 110(a)(2)(D)(i)(II) requires that a State not interfere with
any other State's required measures to prevent significant
deterioration (PSD) of its air quality.
    EPA is also proposing to approve numerous revisions to the Oregon
SIP that were submitted to EPA by the State of Oregon on October 8,
2008; October 10, 2008; March 17, 2009; June 23, 2010; December 22,
2010 and May 5, 2011. The revisions include updating Oregon's new
source review (NSR) rules to be consistent with current Federal
regulations and streamlining Oregon's air quality rules by clarifying
requirements, removing duplicative rules, and correcting errors. The
revisions were submitted in accordance with the requirements of section
110 and part D of the Act).

DATES: Comments must be received on or before October 24, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2011-0767, by any of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Scott Hedges, 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, 1200 Sixth Avenue,
Suite 900, Seattle WA, 98101. Attention: Scott Hedges, 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-
2011-0767. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail 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, 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 EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, 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 http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure 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 http://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: Scott Hedges at telephone number:
(206) 553-0296, e-mail address<EMAIL_ADDRESS>or the above EPA,
Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'' or ``our'' are used, we mean EPA. Information is organized as
follows:

Table of Contents

I. Purpose of Proposed Action
II. Oregon SIP Revisions
    A. Third PSD Element of Oregon's Interstate Transport SIP for
the 1997 Ozone and 1997 and 2006 PM2.5 NAAQS
    B. How Oregon's NSR/PSD Permitting Program Meets Federal
Requirements
    1. Oregon's NSR/PSD Rule Revisions
    2. Analysis of Oregon's NSR/PSD Revisions
    C. Agricultural Operations (as Specified in Oregon Revised
Statute 468A.020)
    D. Permitting Rule Corrections, Clarifications and Streamlining
    1. Rule Revisions in the October 10, 2008 SIP Submittal
    2. Rule Revisions in the March 17, 2009 SIP Submittal
    3. Rule Revisions in the June 23, 2010 SIP Submittal
    E. Significant Changes to Oregon's SIP
III. EPA's Proposed Action
    A. Rules to Approve Into SIP
    B. Rules on Which No Action Is Taken
IV. Statutory and Executive Order Reviews

I. Purpose of Proposed Action

    EPA proposes to approve a portion of Oregon's Interstate Transport
SIP revision for the 1997 8-hour ozone and 1997 and 2006
PM2.5 NAAQS submitted by the Oregon Department of Quality
(ODEQ) on June 23, 2010, and December 22, 2010.\1\ Specifically, we are
proposing to approve the portion of the plan that addresses the third
element of section 110(a)(2)(D)(i), interference with any other State's
required measures to PSD of its air quality with respect to these
NAAQS. On June 9, 2011, EPA approved elements one and two of CAA
section 110(a)(2)(D)(i): (1) Significant contribution to nonattainment
of these NAAQS in any other State, and (2) interference with
maintenance of these NAAQS by any other State (76 FR 33650). In
addition, on July 5, 2011, EPA approved the SIP for the fourth element
of CAA section 110(a)(2)(D)(i) found the SIP to be adequate for element
four: interference with any other State's required measures to protect
visibility (76 FR 38997).
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    \1\ See transmittal letters dated June 23, 2010, from Joni
Hammond, Deputy Director, ODEQ, and December 22, 2010, from Dick
Pedersen, Director, ODEQ, to Dennis McLerran, Regional
Administrator, EPA Region 10.
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    EPA is also proposing to approve multiple revisions to Oregon's SIP
that were submitted to EPA by ODEQ on October 8, 2008, October 10,
2008, March 17, 2009, June 23, 2010, December 22, 2010, and May 5,
2011. The revisions update Oregon's NSR rules to be consistent with
Federal requirements by regulating PM2.5 and precursor
pollutants, as well as adding greenhouse gases (GHGs) to the list of
pollutants whose emissions are subject to control under the State's NSR
permitting process and establishes a threshold for such regulation.
Approval of the State's GHG permitting regulations is proposed to be
accompanied by a simultaneous withdrawal of the Federal Implementation
Plan (FIP) that EPA promulgated on December 9, 2010 (75 FR 82246). EPA
also proposes to approve changes to Oregon's Plant Site Emissions Limit
(PSEL) program which address the method for establishing baseline
emissions and adopt a threshold or significant emission rate of 10 tons
per year of PM2.5 as a significant change at an existing
facility. Other SIP rule changes that are proposed for approval in this
action streamline and clarify the State's air quality rules that are
unrelated to NSR and remove duplicative or outdated requirements (such
as the removal of unused basic permit categories that are covered under
the general permitting provisions of the Oregon Administrative Rules
(OAR). The SIP submittals, described in greater detail in this Notice,
revise and amend OAR, chapter 340, divisions 200, 202, 204, 206, 209,
210, 214, 216, 222, 224, 225, 228, 234, and 236, currently in the
Federally approved Oregon SIP (CFR part 52, subpart MM), and add
portions of OAR chapter 340, division 208 to the Federal approved
Oregon SIP. The proposed SIP revisions are explained in more detail
below along with our evaluation of how these rules comply with the
requirements for SIPs and the basis for our proposed action.

II. Oregon SIP Revisions

    Table 1 provides a list of each SIP submittals by ODEQ (by
submittal date, and subject) evaluated in this proposed action. The
paragraphs that follow Table 1 include further information for each SIP
submittal including a summary of the submittal with relevant background
information and analysis to support our action.
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    \2\ EPA is not proposing to take action on each of the
regulatory provisions that were included in the five SIP submissions
identified in Table 1. Only the SIP revisions and implementing
regulations specifically identified in Table 2 are being proposed
for action in today's notice.

                            Table 1--ODEQ SIP Submittals Addressed in This Action \2\
----------------------------------------------------------------------------------------------------------------
           Date of submittal                                             Subject
----------------------------------------------------------------------------------------------------------------
10/08/2008............................  Statutory Agricultural Operations Exemption.
10/10/2008............................  Permit Streamlining Rules.
                                        (Repealed Rules in Italics).
03/17/2009............................  Plant Site Emission Limit (PSEL) Rule.
06/23/2010 (Report on interstate        Infrastructure SIP Rule Changes.
 transport of PM2.5 and ozone added to
 submittal on 12/22/2010).
05/05/2011............................  NSR, PM2.5, and GHG Permitting Rule Updates.
----------------------------------------------------------------------------------------------------------------

    Title I of the CAA, as amended by Congress in 1990, specifies the
general requirements for States to submit SIPs to attain and/or
maintain the NAAQS and EPA's actions regarding approval of those SIPs.
With this action we are proposing approval of the third element of
Oregon's Interstate Transport SIP revision for the 1997 8-hour ozone
and 1997 and 2006 PM2.5 NAAQS related to PSD.
    EPA last approved the Oregon major NSR rules (which encompass PSD
and part D NSR) on December 17, 2002 (published January 22, 2003, 68 FR
2891). That approval acted on a July 1, 2001, comprehensive version of
Oregon's NSR rules submitted to EPA on June 26, 2001, prior to the 2002
NSR Reform Rules (published on December 31, 2002, effective date March
3, 2003). Since the approval of the State's July 2001 rules, ODEQ has
submitted several NSR/PSD rule revisions for

incorporation into the Federally approved SIP including, most recently,
the changes needed for the permitting of PM2.5 and GHGs
under ODEQ's major NSR program. The regulations which are proposed for
approval in this action accordingly include PSD permitting of
PM2.5 and GHGs and nonattainment NSR permitting of
PM2.5.
    Finally, EPA is also proposing to approve multiple SIP submittals
containing ODEQ rule revisions that effectuate structural
reorganizations of the Oregon code. These rules have been clarified and
streamlined with duplicative and outdated requirements removed. Further
background for each one is provided in the section below.

A. Third PSD Element of Oregon's Interstate Transport SIP for the 1997
Ozone and 1997 and 2006 PM2.5 NAAQS

    On July 18, 1997, EPA promulgated the 1997 8-hour ozone \3\ NAAQS
and the 1997 PM2.5 NAAQS.\4\ Additionally on December 18,
2006, EPA revised the 1997 24-hour PM2.5 standard.\5\
Today's proposed actions relate to these revised standards (the 1997 8-
hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS).
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    \3\ See 62 FR 38856. The level of the 1997 8-hour ozone NAAQS is
0.08 parts per million (ppm). 40 CFR 50.10. The 8-hour ozone
standard is met when the 3-year average of the annual 4th highest
daily maximum 8-hour ozone concentrations is 0.08 ppm or less (i.e.,
less than 0.085 ppm based on the rounding convention in 40 CFR part
50, appendix I). This 3-year average is referred to as the ``design
value.''
    \4\ See 62 FR 38652. The level of the 1997 PM2.5
NAAQS are 15.0 [mu]g/m\3\ (annual arithmetic mean concentration) and
65 [mu]g/m\3\ (24-hour average concentration). 40 CFR 50.7. The
annual standard is met when the 3-year average of the annual mean
concentrations is 15.0 [mu]g/m\3\ or less (i.e., less than 15.05
[mu]g/m\3\ based on the rounding convention in 40 CFR part 50,
appendix N section 4.3). The 24-hour standard is met when the 3-year
average annual 98th percentile of 24-hour concentrations is 65
[mu]g/m\3\ or less (i.e., less than 65.5 [mu]g/m\3\ based on the
rounding convention in 40 CFR part 40 appendix N section 4.3). Id.
These 3-year averages are referred to as the annual PM2.5
and 24-hour PM2.5 ``design values,'' respectively.
    \5\ See 71 FR 61144. In 2006, the 24-hour PM2.5 NAAQS
standard was changed from 65 [mu]g/m\3\ to 35 [mu]g/m\3\ (24-hour
average concentration). The annual PM2.5 standard was not
changed. 40 CFR 50.13.
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    Section 110(a)(1) of the CAA requires States to submit SIPs to
address a new or revised NAAQS within three years after promulgation of
such standards, or within such shorter period as EPA may prescribe.
Section 110(a)(2) lists the elements that such new SIPs must address,
as applicable, including section 110(a)(2)(D)(i) which pertains to
interstate transport of certain emissions. On August 15, 2006, and
September 25, 2009, respectively, EPA issued guidance for States making
submissions to meet the requirements of section 110(a)(2)(D)(i) for the
1997 8-hour ozone and 1997 PM2.5 standards (2006 Guidance)
\6\ and for the 2006 PM2.5 standards (2009 Guidance).\7\
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    \6\ Memorandum from William T. Harnett entitled ``Guidance for
State Implementation Plan (SIP) Submissions to Meet Current
Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-hour
ozone and PM2.5 National Ambient Air Quality Standards,''
August 15, 2006.
    \7\ Memorandum from William T. Harnett entitled ``Guidance SIP
Elements Required Under Sections 110(a)(1) and (2) for the 24-hour
Particle (PM2.5) National Ambient Air Quality Standards
(NAAQS),'' September 25, 2009.
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    The interstate transport SIP provisions in section 110(a)(2)(D)(i)
(also called ``good neighbor'' provisions) require each State to submit
a SIP that contains provisions that prohibit emissions that adversely
affect another State in the ways contemplated in the statute. Section
110(a)(2)(D)(i) identifies four distinct elements related to the
evaluation of impacts of interstate transport of air pollutants. In
this rulemaking EPA is addressing the third element in this subsection.
The third element of section 110(a)(2)(D)(i) requires a SIP to contain
adequate provisions prohibiting emissions that interfere with any other
State's required measures to prevent significant deterioration of its
air quality.
    As a part of its SIP submittal addressing interstate transport,
ODEQ submitted an analysis entitled ``Oregon SIP Infrastructure for
Addressing the Interstate Transport of Ozone and Fine Particulate
Matter'', dated November 5, 2009, to EPA on December 22, 2010.\8\ EPA
believes that ODEQ's submission is consistent with EPA's
recommendations in both the 2006 and 2009 Guidance, when evaluated in
conjunction with the NSR/PSD rule revisions that EPA proposes to
approve in today's action. EPA's proposed approval of Oregon's SIP
submission for purposes of meeting the requirements of section
110(a)(2)(D)(i) is contingent upon the final approval of the NSR/PSD
rule revisions also included in this proposed action. (In addition to
this section, see sections II. C through E of this action for a
discussion of the rule revisions proposed for approval.)
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    \8\ This interstate transport report was inadvertently left out
of the original June 23, 2010, SIP submittal.
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    EPA proposes to find that the Oregon SIP (40 CFR part 52 subpart
MM), as amended by today's proposed action, includes the requirements
under the CAA necessary to avoid interference with another State's SIP
measures for preventing significant deterioration of air quality.
    Oregon has no EPA designated 8-hour ozone nonattainment areas, and
has two designated 24-hour PM2.5 nonattainment areas
(Klamath Falls and Oakridge). For most of the State, ODEQ permits new
major industrial sources through the PSD program for these pollutants.
ODEQ's major NSR rules (division 224--which includes both nonattainment
NSR and PSD rule provisions), as reflected in the rules proposed for
incorporation into the SIP in today's action, ensure that the programs
for PSD in other States are not jeopardized by new or expanding
industrial sources. Specifically, all new industrial sources and major
modifications to existing industrial sources in attainment areas are
subject to ODEQ PSD rules requiring pre-construction review, air
quality analysis, the application of any required emission control
technology, and air permitting. All new sources and major modifications
in nonattainment areas are subject to the nonattainment New Source
Review provisions of these rules, including LAER, offsets, and net air
quality benefit. ODEQ's PSD program directly regulates PM2.5
meeting the requirements of NSR/PSD and also includes procedures to
address Phase-II requirements of the final rule to implement the 8-Hour
Ozone NAAQS.
    EPA believes that Oregon's regulatory and SIP revision for the 1997
8-hour ozone NAAQS that makes NOX a precursor for ozone for
PSD purposes and the PSD revision for the 1997 and 2006
PM2.5 NAAQS that makes SO2 and NOX
precursors for PM2.5 for PSD purposes, taken together with
the other revised PSD rule revisions that EPA proposes to approve in
this action, satisfy the requirements of the third element of section
110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS and the 1997 and 2006
PM2.5 NAAQS. That is, these provisions ensure that there
will be no interference with any other State's required PSD measures
because Oregon's SIP, as proposed for approval in this action, will
meet current CAA requirements for PSD.

B. How Oregon's NSR/PSD Permitting Program Meets Federal Requirements

    Parts C and D of title I of the CAA, 42 U.S.C. 7470-7515, set forth
preconstruction review and permitting programs applicable to new and
modified stationary sources of air pollutants regulated under the CAA,
known as ``major New Source Review'' or ``major NSR.'' The major NSR
programs of the CAA include a combination of air quality planning and
air pollution control technology program requirements. States adopt

major NSR programs as part of their SIP. Part C is the ``Prevention of
Significant Deterioration'' or ``PSD'' program, which applies in areas
that meet the NAAQS (i.e., ``attainment'' areas) as well as in areas
for which there is insufficient information to determine whether the
area meets the NAAQS (i.e., ``unclassifiable'' areas). Part D is the
``Nonattainment New Source Review'' or the ``NNSR'' program, which
applies in areas that are not in attainment of the NAAQS (i.e.,
``nonattainment areas''). EPA regulations implementing these programs
are contained in 40 CFR 51.165, 51.166, 52.21, 52.24, and part 51,
appendix S.
    On December 31, 2002, EPA published final rule changes to the PSD
and NNSR programs (67 FR 80186) and on November 7, 2003, EPA published
a notice of final action on the reconsideration of the December 31,
2002 final rule changes (68 FR 63021). In the November 7, 2003 final
action, EPA added a definition of ``replacement unit,'' and clarified
an issue regarding plantwide applicability limitations (PALs). The
December 31, 2002 and the November 7, 2003, final actions, are
collectively referred to as the ``2002 NSR Reform Rules.''
    The 2002 NSR Reform Rules made changes to five areas of the major
NSR programs related to physical and operational changes at existing
major stationary sources. In summary, the 2002 rules: (1) Provide a new
method for determining baseline actual emissions; (2) adopt an actual-
to-projected-actual methodology for determining whether a major
modification has occurred; (3) allow major stationary sources to comply
with PALs to avoid having a significant emissions increase that
triggers the requirements of the major NSR program; (4) provide a new
applicability provision for emissions units that are designated clean
units; and (5) exclude pollution control projects (PCPs) from the
definition of ``physical change or change in the method of operation.''
    After the 2002 NSR Reform Rules were finalized and effective (March
3, 2003), various petitioners challenged numerous aspects of the 2002
NSR Reform Rules, along with portions of EPA's 1980 NSR rules (45 FR
5276, August 7, 1980). On June 24, 2005, the DC Circuit Court issued a
decision on the challenges to the 2002 NSR Reform Rules. See New York
v. United States, 413 F.3d 3 (DC Cir. 2005). In summary, the DC Circuit
Court vacated portions of the 2002 NSR Reform Rules pertaining to clean
units and PCPs, remanded a portion of the rules regarding recordkeeping
(40 CFR 52.21(r)(6) and 40 CFR 51.166(r)(6)), and either upheld or did
not comment on the other provisions included as part of the 2002 NSR
Reform Rules. On June 13, 2007 (72 FR 32526), EPA took final action to
revise the 2002 NSR Reform Rules to remove from Federal law all
provisions pertaining to clean units and the PCP exemption that were
vacated by the DC Circuit Court.
    The 2002 NSR Reform Rules require that State agencies adopt and
submit revisions to their SIP permitting programs implementing the
minimum program elements of the 2002 NSR Reform Rules no later than
January 2, 2006. To meet this requirement, ODEQ submitted an NSR reform
equivalency demonstration report on December 22, 2005.
1. Oregon's NSR/PSD Rule Revisions
    EPA last approved the Oregon major NSR rules addressing part D NSR
and PSD on December 17, 2002 (published January 22, 2003, 68 FR 2891).
This approval acted on a July 1, 2001, comprehensive version of
Oregon's NSR rules submitted to EPA on June 26, 2001.
    On May 5, 2011, ODEQ submitted a series of rule changes as
revisions to the Oregon SIP. These rule changes are necessary to align
its rules with significant changes made to EPA's air quality permitting
regulations, including the 2002 NSR Reform Rules (published on December
31, 2002, effective date March 3, 2003), and the permitting of
PM2.5 and GHG emissions. The SIP submittal covers revisions
to OAR chapter 340, divisions 200, 202, 216, 224, 225, and 228.
    The rule revisions include the adoption of a threshold or
significant emission rate of 10 tons per year of PM2.5 as a
significant change at an existing facility. Facilities would trigger
NSR/PSD permitting only if a physical or operational change increased
emissions above this threshold. The rule revisions also include the
adoption of levels to determine if additional ambient air quality
analysis is required, track the cumulative impact of emissions growth
in areas that meet air quality standards, and determine if
preconstruction monitoring is required for PM2.5.
    The May 5, 2011, SIP submittal also includes rules to allow the
permitting of GHG emissions under Oregon's NSR/PSD program. Oregon's
definition of ``federal major source'' is almost identical to EPA's
definition of ``major stationary source'' and as such, Oregon has
tailored its PSD rules in a manner identical to EPA's with respect to
major sources of GHG emissions. That is, for a ``federal major source''
to be ``major'' for GHGs under the Oregon PSD program, it must have the
potential to emit GHGs equal to or greater than 100,000 tons per year
on a carbon dioxide equivalent (CO2e) basis and a potential to emit
GHGs equal to or greater than 100/250 tons per year on a mass basis.\9\
However, as discussed above, Oregon's definition of ``major
modification'' is substantially different than (but equivalent to)
EPA's definition of ``major modification'' so Oregon has tailored its
PSD rule in a different manner in order to produce the same outcome
with respect to major modifications for GHGs as EPA's Tailoring Rule.
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    \9\ Carbon dioxide equivalent or CO2e is a unit of measurement
that allows the effect of different GHGs to be compared using carbon
dioxide as a standard unit for reference.
---------------------------------------------------------------------------

    In order for Oregon's PSEL-based definition to have the same effect
as EPA's definition of ``major modification'' with respect to GHG
emissions (i.e., an increase greater than 75,000 tons per year on a
CO2e basis and an increase greater than ``zero'' on a mass basis),
Oregon's rule requires the establishment of PSELs on a CO2e basis and
an increase in the PSEL of more than 75,000 tons per year on a CO2e
basis, before a ``major modification'' under the Oregon rules will have
occurred.\10\ This approach is consistent with how the Oregon program
defines major modifications for all other NSR regulated pollutants and
results in the same outcome as EPA's Tailoring Rule with respect to
major modifications for GHG emissions.
---------------------------------------------------------------------------

    \10\ Oregon's rules use the terms ``significant emission
threshold'' or ``significant emission rate (SER)'' for GHG PSD
permitting purposes. However, these terms do not have the same
meaning as ``significant'' as used in the context of EPA's PSD
regulation at 40 CFR 51.166. EPA has not established a significant
emission rate for GHGs under 40 CFR 51.166(b)(23)(i). Oregon's PSEL
PSD permitting program establishes a GHG threshold of 75,000 CO2e to
tailor the application of its PSD permitting program in a manner
similar to EPA's GHG Tailoring Rule.
---------------------------------------------------------------------------

    EPA proposes to find that these provisions are consistent with
EPA's GHG Tailoring Rule and is proposing to approve this GHG PSD
permitting revision into the Oregon SIP providing Oregon with the
authority to issue PSD permits addressing GHG emissions. In addition,
EPA will rescind the FIP codified in 40 CFR 52.1987(d) that ensures the
availability of a PSD-permitting authority for GHG-emitting sources in
Oregon once this proposed action has been approved into the Oregon SIP.
    Additionally the May 5, 2011, SIP submittal includes rule changes
providing small-scale local energy

projects more flexibility in obtaining reductions to offset proposed
emission increases.
    EPA has reviewed these amendments to the ODEQ rules and, as
discussed below, has determined that they meet EPA's requirements under
sections 110, part C and part D of title I of the CAA. EPA is therefore
proposing to approve them as revisions to the Oregon SIP.
2. Analysis of Oregon's NSR/PSD Revisions
    In 1982, EPA approved Oregon's Major NSR/PSD program as equivalent
to, or more stringent than, EPA's NSR/PSD regulations (47 FR 35191,
August 13, 1982). Oregon's program includes a Major NSR rule that
covers non-attainment NSR and PSD applicability provisions as well as a
separate but related PSEL (plant-wide cap) rule. The PSEL rule employs
a similar, though not identical, approach to EPA's PAL program and was
in fact identified as an example of a State program successfully using
a PAL concept during EPA's development of its PAL regulations.
    In the December 31, 2002, preamble to its 2002 NSR Reform Rules,
EPA discussed potential state PAL regulatory programs that could differ
from the Federal rules while still affording equivalent effectiveness
as an NSR/PSD program. The 2002 NSR Reform rules did not include
specific requirements for an area-wide PAL program. However, the Agency
did provide that ``[i]f a State currently has or wants to pursue an
area-wide PAL program, then it must demonstrate that its program is
equivalent to or more stringent than our final [PAL] rules.'' \11\
Later on, EPA affirmed that ``[e]ver since our current NSR regulations
were adopted in 1980, we have taken the position that States may meet
the requirements of part 51 `with different but equivalent
regulations.' 45 FR 52676. Several states have, indeed, implemented
programs that work every bit as well as our own base programs, yet
depart substantially from the basic framework established in our rules.
A good example is Oregon, where the SIP-approved program requires all
major sources to obtain plantwide permits not unlike the PALs that we
are finalizing today * * *'' \12\
---------------------------------------------------------------------------

    \11\ 67 FR 80221 (December 31, 2002).
    \12\ 67 FR 80241.
---------------------------------------------------------------------------

    Oregon's NSR/PSD program differs from the Federal program in
several ways. It doesn't subject the same sources and modifications to
major NSR as would EPA's rules. The program has lower major source
thresholds for sources in nonattainment areas and maintenance areas, so
smaller new sources and changes to smaller existing sources are subject
to review. The program also requires fugitive emissions to be included
in the applicability determination for all new sources and
modifications to existing sources. However, as mentioned, the program
also utilizes a PSEL approach to defining major modifications rather
than a contemporaneous net emissions increase approach as does EPA's
main (non PAL alternative) NSR reform approach.
    The effect of Oregon's PSEL approach is that, generally, changes
which would be subject to review under the PAL provisions in the 2002
NSR Reform Rules are subject under Oregon's rules. However, there are
some differences between the Oregon rules and EPA's rules that,
generally, result in Oregon's program being more protective. For
example, when a major modification is permitted, BACT and/or LAER is
required for more new and modified emission units than under EPA's PAL
rules. Oregon's rules require BACT/LAER for all new and modified units,
not just significant and major units, as well as defining what
constitutes a modified unit more broadly than EPA's rules. In addition,
changes which would result in increased emissions, but would not be
considered modifications under either the Oregon rules or EPA's reform
rules are still reviewed for compliance with ambient standards and PSD
increments under Oregon's PSEL program.
    Overall, EPA has determined that Oregon's PSD program for reviewing
and controlling emissions from new and modified sources is at least as
strict as EPA's program. We have reviewed Oregon's NSR/PSD program and
ODEQ's recent rule revisions included in today's proposed action, and
have determined that the NSR/PSD program meets the current requirements
in 40 CFR 51.165 and 51.166. Accordingly, EPA proposes in this action
to approve the specified changes into the Federally approved SIP.

C. Agricultural Operations (as Specified in Oregon Revised Statute
468A.020)

    The CAA does not provide an exemption for agricultural operations
while, prior to 2007, Oregon's State law exempted most agricultural
operations from air quality regulations. To address this discrepancy,
the 2007 Oregon Legislature (in accordance with Oregon Senate Bill 235)
updated Oregon's air quality law (Oregon Revised Statute (ORS) 468.020
and 468A.020) to be consistent with the Federal CAA enabling the
regulation of air emissions from agricultural sources if necessary to
implement the Federal CAA. The Oregon Environmental Quality Commission
in turn adopted rule amendments to OAR<PHONE_NUMBER>,<PHONE_NUMBER>, and
340-264-0040 to align these rules with ORS 468A.020 and to make
revisions to Oregon's SIP and the Oregon title V operating permit
program. The revisions to OAR<PHONE_NUMBER>,<PHONE_NUMBER>, and 340-264-
0040 were submitted to EPA by ODEQ on October 8, 2008. OAR rules now
allow agricultural air quality pollution sources to be regulated in
Oregon as necessary to meet CAA requirements.
    EPA believes that the revised ORS 468A.020 (in conjunction with the
corresponding revisions to the OAR<PHONE_NUMBER>,<PHONE_NUMBER>, and 340-
264-0040) meet CAA requirements and, therefore, we propose to
incorporate these revised OAR provisions into the Federally approved
Oregon SIP.

D. Permitting Rule Corrections, Clarifications and Streamlining

    EPA is proposing to take action on portions of the following three
SIP submittals by ODEQ that correct previous errors, provide
clarification and streamline air quality permitting rules in the State
of Oregon. These rules are described with additional specificity in
section E of this notice.
1. Rule Revisions in the October 10, 2008, SIP Submittal
    In 2001, ODEQ streamlined the Air Quality Program's permitting
program which was previously approved by EPA. In 2007, ODEQ's
rulemaking further streamlined and updated the permitting process by
clarifying requirements, eliminating duplicative and conflicting
standards; keeping rules in line with Federal requirements, and
correcting errors. This rulemaking package was submitted by ODEQ to EPA
as a SIP revision on October 10, 2008. The SIP submittal covers
revisions to OAR chapter 340, divisions 200, 208, 209, 214, 216, 218,
228, 232, 234 and 236 and EPA is proposing to approve incorporation of
these provisions into the Federally approved SIP. The rule revisions in
the October 10, 2008 SIP submittal:
    (1) Add the chemical HFE-7300 to a list of compounds exempt from
the definition of volatile organic compounds (VOC), or ground-level
ozone precursors to be consistent with Federal regulations;
    (2) Revise Excess Emissions rules to address the factors which ODEQ
will take into consideration to determine how it will exercise its
enforcement discretion with respect to excess

emissions incidents meeting specified criteria;
    (3) Delete unused Basic Permit categories in the Air Contaminant
Discharge Permit (ACDP) rules that have been replaced by other permit
categories;
    (4) Update, correct errors, and clarify general permits for asphalt
plants, boilers, concrete plants, rock crushers, and wood products
facilities (These changes clarify monitoring, reporting and compliance
procedures in division 216 (ACDPs) and include a provision that
facilities with ACDPs may not be operated if the permit expires or is
terminated, unless a timely renewal application has been submitted or
another type of permit has been issued. The revisions also clarify that
for facilities with title V or ACDPs, requirements established in
preceding permits remain in effect unless specifically modified or
terminated.);
    (5) Change the averaging time in the sulfur dioxide standards for
fuel-burning equipment from two hours to three hours to align with
Federal standards (refer to section D, division 228 of this proposal--
Requirements for Fuel Burning Equipment and Fuel Sulfur Content--for a
complete discussion of the revised averaging time of the sulfur dioxide
emission standards);
    (6) Add a requirement for prior notification for those seeking to
avail themselves of the exemption allowing a higher (currently SIP-
approved) emission rate for burning salt laden wood waste;
    (7) SIP-strengthening measures that replace outdated regulations
governing wigwam burners with a state-wide prohibition on their use;
    (8) Streamline the kraft pulp mill rules (in division 234) by
clarifying permitting and compliance determinations, and eliminating
unnecessary reporting, which includes removing a Director's discretion
reference in the definition of ``Daily Arithmetic Average'' allowing
alternatives to emission limits, testing or monitoring methods without
prior EPA approval, removing a section on submission of plans for
construction and modification because general permitting regulations in
division 210 address these requirements, removing a section requiring
use of obsolete sodium ion probe, as well as clarifying Federal New
Source Performance Standards requirements that apply to kraft pulp
mills;
    (9) Specifies average hourly emission rate calculation procedures
and measurement methods for board products manufacturing.
    These changes clarify, correct and update Oregon's existing rules
to be consistent with Federal regulations as well as streamline the
permitting process and are proposed for approval into the SIP.
    It should also be noted that on November 5, 1999, ODEQ submitted a
complete rule renumbering to EPA for approval. On January 22, 2003 (68
FR 2891), we approved most of these new divisions but at that time did
not take action on division 208 (Visible Emissions and Nuisance
Requirements). We are now proposing to approve rules 0010
(Definitions), 0100 (Visible Emissions, Applicability), 0110 (Visible
Emissions,Visible Air Contaminant Limitations), 0200 (Fugitive
Emissions Requirements, Applicability) and 0210 (Fugitive Emissions
Requirements) of division 208 into the Oregon SIP which will replace
division 21, rules 015, 050, 055, and 060.
    Additionally, we are proposing to approve Oregon's current excess
emission rules (division 214, rules 0300 through 0360) into the Oregon
SIP. Upon approval, these division 214 rules will replace the
Federally-approved division 28 which will be removed from the SIP. EPA
finds that the division 214 rules included in the October 10, 2008, SIP
submittal conform to Federal guidance related to excess emissions, and
proposes to incorporate these rules into the SIP. Oregon's excess
emission provisions specify the factors that the State will take into
account regarding the exercise of its enforcement discretion in
response to excess emissions.
    Finally, on January 18, 2007, EPA added 1,1,1,2,2,3,4,5,5,5-
decafluoro-3-methoxy-4-trifluoromethyl-pentane (also known as HFE-7300)
to the list of compounds \13\ which are excluded from the definition of
VOC on the basis that these compounds make a negligible contribution to
tropospheric ozone formation (72 FR 2193--2196). Exempting HFE-7300
from the definition of VOC in OAR<PHONE_NUMBER> is consistent with
Federal regulations.
---------------------------------------------------------------------------

    \13\ See 40 CFR 51.100(s).
---------------------------------------------------------------------------

2. Rule Revisions in the March 17, 2009, SIP Submittal
    The Stationary Source PSEL rule (OAR chapter 340, division 222)
sets limits on emissions of specified regulated air pollutants. The
primary purpose of establishing a PSEL is to assure compliance with
ambient air standards and PSD increments, which regulate criteria
pollutants (i.e., particulate matter, ground-level ozone, carbon
monoxide, sulfur oxides, nitrogen oxides, and lead).
    The March 17, 2009, SIP submittal exempts pollutants regulated by
the Accidental Release Prevention rules and the Early Reduction High
Risk Pollutant rules from regulation under the PSEL rule. These
pollutants were erroneously included in ODEQ's previous rule and have
subsequently been removed. The Accidental Release Prevention rule (OAR-
244-0230) was established to require businesses storing large
quantities of hazardous materials to have a Risk Management Plan to
prevent the accidental release of those regulated substances. The Early
Reduction High Risk Pollutants rules (OAR<PHONE_NUMBER>) are used to
allow a source to make early voluntary emission reductions of listed
chemicals in order to be allowed greater flexibility later when
complying with new Federal regulations. These programs are not
implemented through the PSEL rule and do not depend on that rule for
implementation.
3. Rule Revisions in the June 23, 2010, SIP Submittal
    Sections 110(a)(1) and (2) of the Federal CAA requires States to
submit changes to SIP interstate transport provisions to EPA for
approval. The rule revisions submitted to EPA on June 23, 2010, are
needed to update Oregon's SIP and meet EPA infrastructure requirements.
The SIP submittal covers revisions to OAR chapter 340, divisions 200,
202, 204, and 206.
    These rule revisions include provisions necessary to address
changes to the NAAQS for PM2.5, ozone and lead. Specifically
these revisions add PM2.5 to the list of regulated air
pollutants so that Oregon no longer needs to rely on a surrogacy
policy; include PM2.5 thresholds for significant harm,
PM2.5 levels for triggering alerts, warnings, and
emergencies (developed by ODEQ pursuant to the requirements of 40 CFR
51.151); include PM2.5 non-attainment area boundary
descriptions for the cities of Klamath Falls and Oakridge; and, in
accordance with EPA regulations, exempt dimethyl carbonate and
propylene carbonate from the definition of VOC. On February 20, 2009,
EPA added dimethyl carbonate and propylene carbonate to the list of
compounds (40 CFR 51.100(s)) which are excluded from the definition of
VOC on the basis that these compounds make a negligible contribution to
tropospheric ozone formation (74 FR 3437-3441). Exempting dimethyl
carbonate and propylene carbonate from the definition of VOC in OAR
340-200-0020 will make Oregon rule consistent with Federal regulations.

E. Significant Changes to Oregon's SIP

    The docket to today's proposed action includes a technical support
document which describes in more detail the substantive changes to the
Oregon rules that have been submitted by ODEQ as revisions to the SIP,
EPA's evaluation of the changes, and the basis for EPA's action.
    A summary of significant regulatory changes proposed for
incorporation into the SIP under today's proposal are provided below.
Division 200 General Air Pollution Procedures and Definitions
    This division includes ODEQ's general air quality definitions (rule
0020), a list of abbreviations and acronyms (rule 0025), general
exceptions (rule 0030), provisions for compliance schedules (rule
0050), and rules for conflicts of interest and makeup of boards (rules
0100 to 0120).
    ODEQ has revised the method of setting the starting emission level,
or netting basis, for counting emission changes for new and expanding
facilities when they are initially permitted. Under the current SIP, to
ensure that Oregon's NSR/PSD program is protective, companies are
required to evaluate the air quality effects that would occur if a new
or expanded facility operated at its capacity. Once this level is
approved, it is added to a facility's netting basis even though the
facility may never actually operate at that level. This unrealistically
high starting emission level could allow a future expansion to avoid
NSR/PSD. To prevent this, ODEQ has added a process to reset the netting
basis once a new or expanded facility has been operating for up to 10
or 15 years to establish a realistic level. This applies to major GHG
sources that were permitted but not yet operating before the GHG rules
were adopted and to future NSR/PSD sources. The process will not limit
the ability of a facility to operate permitted equipment, but will
prevent use of the added netting basis until the level is reset.
General Definitions<PHONE_NUMBER>
    Actual emissions--The rule revision adds provisions in definition
of actual emissions for sources that had not begun normal operation
during the baseline period but were approved or permitted to construct
and operate. Oregon revised its major source permitting program by
reducing the netting basis from potential to emit (PTE) down to the
highest actual emissions at the end of the baseline period for sources
approved under division 224. This will be required before any future
netting can take place and will prevent sources from netting out of
NSR/PSD. Sources that reduce actual emissions because of voluntary
controls will not lose that portion of the netting basis. This
reduction will not affect the PSEL so sources with NSR/PSD permits will
be able to utilize permitted emission units up to their permitted PTE
without going through NSR/PSD again. ODEQ also revised its major source
permitting program by reducing the netting basis from PTE down to the
highest actual emissions in the last 10 years since the date of permit
issuance for sources permitted under division 224 (Major NSR which
includes PSD).
    The revision to the definition of actual emissions also adds (1) a
provision for sources that had not begun normal operation but were
permitted under division 224 to reset actual emissions, (2) a provision
to reduce PTE to actual emissions for sources that had not begun normal
operations but were permitted to construct and operate under division
224, (3) a provision to reduce PTE to actual emissions for sources
permitted under division 224 or approved under division 210 (Stationary
Source Notification Requirements) after the baseline period, and (4)
adds aggregate insignificant emissions threshold for PM2.5
in PM2.5 nonattainment areas. This makes PM2.5
consistent with the PM10 threshold, which is 5% of the
significant emission rate (SER) of 5 tons in Medford and other
nonattainment areas in older rules.
    Aggregate insignificant emissions--The revision to the definition
of aggregate insignificant emissions adds an emissions threshold for
GHG. The de minimis level for GHG is set at the State of Oregon GHG
reporting threshold (2,756 tons CO2e).
    Baseline Emission Rate--The revised definition for baseline
emission rate does not include a specific rate for PM2.5
because PM2.5 will be ratioed to PM10 for both
netting basis and PSEL. The revised definition includes a baseline
emission rate for GHG with the first permit action after July 1, 2011,
since that is when GHG sources are required to get permits for GHGs
alone.
    The revised definition further adds a provision for recalculating
the baseline emission rate if actual emissions are reset in accordance
with the definition of actual emissions. The revised definition also
adds a provision for freezing only the production basis used to
establish the baseline emission rate, not the entire baseline emission
rate.
    Biomass--The revised rule adds a definition of biomass and defers
carbon dioxide (CO2) emissions from biomass in accordance
with EPA's July 2011 deferral. The application of the PSD and title V
permitting requirements to CO2 emissions from bioenergy and
other biogenic stationary sources has been deferred for a period of 3
years.
    Criteria Pollutant--The revised rule adds PM2.5 to the
definition of criteria pollutant.
    Federal Major Source--The revised rule adds a GHG threshold of
100,000 tons CO2e per year to definition of Federal Major Source
consistent with EPA's GHG Tailoring Rule and includes fugitive
emissions in the definition of major modification. This inclusion
clarifies that fugitive emissions must be included in the major NSR
applicability. The GHG threshold in<PHONE_NUMBER>(55) is consistent with
the requirements in the GHG Tailoring Rule.
    Major Modification--The definition of major modification has been
revised. The revised definition adds a provision stating that major
modifications for precursors are also major modifications for ozone and
PM2.5. This revision aligns the definition with EPA rules.
The revised definition also specifies (1) that a major modification is
triggered if the PSEL exceeds the netting basis, (2) the type of
accumulation of physical changes and changes in operation that trigger
a major modification, (3) that fugitive emissions must be included in
the major NSR applicability, (4) that emissions increases from the
increased use of equipment permitted or approved to construct are not
included in major modification applicability, and (5) when sources
would trigger NSR with only a 1 ton/year increase.
    The revised definition of major modification also states that the
portion of the netting basis and PSEL that was based on PTE because the
source had not begun normal operations must be excluded from major
modification applicability until it is reset and deletes the exception
for PCPs that has been removed from Federal regulations.
    Major Source--The revised major source definition states that
fugitive emissions must be included in determining whether or not a
source is considered major. The revised definition also indicates that
PTE calculations must include emissions increases due to the new or
modified source.
    Netting Basis--The revised netting basis definition states that the
initial netting basis and PSEL for PM2.5 and GHG will be
established with the first permitting action issued after July 1, 2011,
provided the permitting action

involved a public notice period that began after July 1, 2011 (i.e.,
when major GHG sources will be required to obtain permits).
    The revised definition also adds a provision that the initial
netting basis and PSEL for PM2.5 will be the
PM2.5 fraction of the PM10 netting basis and
PSEL. ODEQ treats PM2.5 and PM10 in a comparable
manner since PM2.5 is a subset of PM10, which is
a pollutant already addressed by the existing permitting rules. As a
result, a facility's PM2.5 fraction will be determined and
used to calculate permitted levels for PM2.5. This approach
incorporates PM2.5 at this time as if it had been part of
the program all along; allowing previously approved expansions to
continue to operate and new expansions to be reviewed consistent with
State and Federal requirements. It also avoids the need to select a
unique baseline period for counting changes in PM2.5
emissions towards triggering NSR/PSD. Because the PM10 SER
is 15 tons/year and the PM2.5 SER is 10 tons/year, sources
could retroactively trigger the PM2.5 SER because of past
approved increases in PM10. As a result, ODEQ may conduct a
one time 5 ton true up to eliminate this possibility.
    The revised definition also sets the initial source-specific PSEL
for a source with a PTE greater than or equal to the SER to be equal to
the PM2.5 fraction of the PM10 PSEL. The revision
further clarifies when the netting basis is zero and when changes to
the netting basis are effective and adds a provision to reduce the
netting basis from PTE for sources permitted under OAR 340-224 (Major
NSR) after the baseline period.
    Opacity and Source Test--The reference to Director's discretion to
allow alternatives to emission limits, testing or monitoring methods in
Federal rules or the SIP without prior EPA approval has been deleted
from the definitions of opacity and source test.
    PM2.5--The revised PM2.5 definition adds EPA's new
reference test methods and adds a provision for PM2.5
precursors. This definition is consistent with EPA's rules for purposes
of title V and NSR.
    Regulated Pollutant--The revised definition for regulated pollutant
includes precursors and GHGs and clarifies that only regulated
pollutants with significant emissions are subject to NSR.
    The revised definitions discussed above are consistent with the EPA
definition in 40 CFR 51.165(a)(1) and 51.166(b).
Exceptions<PHONE_NUMBER>
    The rule was revised to clarify that the statutory exemption for
agricultural operations and equipment do not apply to the extent
necessary to implement the CAA. This allows agricultural operations and
equipment to be regulated as necessary in Oregon to meet CAA
requirements.
Division 200 Tables
    The Significant Air Quality Impact, Significant Emission Rates, De
minimis Emission Levels, and Generic PSEL tables (Tables 1 through 5)
in division have also been revised. The tables add: (1) EPA-adopted
PM2.5 significant impact levels; (2) EPA-adopted SERs for
GHG, direct PM2.5, PM2.5 precursors and VOC
precursors; (3) de minimis levels for GHG, for PM2.5 in the
Medford AQMA, and for direct PM2.5; and (4) a generic PSEL
for PM2.5 and GHG. The de minimis level for GHG has been set
at the State of Oregon GHG reporting threshold. The de minimis levels
for PM2.5 are consistent with PM10 and the
generic PSEL for GHG is based on proposed SER minus 1000 tpy. In
addition, the generic PSEL for PM2.5 is based on the
proposed SER minus 1 tpy, consistent with other criteria pollutants.
Division 202 Ambient Air Quality Standards and PSD Increments
    This division contains the State ambient air quality standards and
the PSD increments.
Definitions<PHONE_NUMBER>
    Baseline Calculation--The revised definition clarifies that actual
emission increases from any source or modification (not just major
sources and major modifications) on which construction commenced after
January 6, 1975, cannot be included in the baseline calculation. It
also adds the baseline concentration for PM10 in the
Medford-Ashland AQMA from the definition in division 225 (Air Quality
Analysis Requirements) and the baseline concentration year for
PM2.5 that is set on the year when ambient monitoring was
done and when the increment was proposed.
Ambient Air Quality Standards for Suspended Particulate Matter 340-202-
0060, Ozone<PHONE_NUMBER> and Lead<PHONE_NUMBER>
    The revised rules update the Oregon's ambient air quality standards
to be consistent with Federal NAAQS by adding the 2006 annual average
and 24-hour Federal standards for PM2.5, the 2008 8-hour
Federal standard for ozone and the 2010 one-hour Federal standard for
lead.
Division 204 Designation of Air Quality Areas
    This division identifies the carbon monoxide, PM10, and
ozone nonattainment areas in the State of Oregon.
Designation of Nonattainment Areas<PHONE_NUMBER>
    The rule was revised to add two PM2.5 nonattainment
areas, Klamath Falls and Oakridge, that were designated by EPA to not
be in attainment of the 2006 24-hour PM2.5 NAAQS (74 FR
58688, November 13, 2009).
Division 206 Air Pollution Emergencies
    This division establishes criteria for identifying and declaring
air pollution episodes at levels below the level of significant harm.
The division was revised to add a significant harm level for
PM2.5 of 350.5 [mu]g/m\3\ (24-hour average), an air
pollutant alert level for PM2.5 of 140.5 [mu]g/m\3\ (24-hour
average), an air pollution warning level of 210.5 [mu]g/m\3\ (24-hour
average) for PM2.5, and an air pollutant emergency level of
280.5 [mu]g/m\3\ (2-hour average) for PM2.5.
Division 214 Stationary Source Reporting Requirements
    This division contains ODEQ's provisions for reporting and
recordkeeping, information requests (section 114 authority), credible
evidence, business confidentiality, emission statements, and excess
emissions.
Excess Emissions and Emergency Provisions<PHONE_NUMBER> Through 0360
(Formally in Division 28)
    The applicability of the Excess Emissions and Emergency Provisions
rule has been revised to align with EPA policy regarding applicability,
planned start-up and shutdown, schedule maintenance, other excess
emissions, enforcement action criteria, and affirmative defense by
clarifying that the affirmative defense of emergency does not take away
ODEQ's enforcement discretion, but is relevant when evaluating a
violation to determine the level of penalty. It also clarifies that
excess emission reports must include whether a source followed approved
procedures for startup, shutdown or maintenance activity when
applicable and consolidates and further describes criteria for
demonstrating emergency as an affirmative defense. The rule revisions
are consistent with EPA policy

as specified in 1999 memorandum by EPA.\14\
---------------------------------------------------------------------------

    \14\ Memorandum from Steven A. Herman entitled ``State
Implementation Plans: Policy Regarding Excess Emissions During
Malfunctions, Startup, and Shutdown, September 20, 1999.
---------------------------------------------------------------------------

Division 216 Air Contaminant Discharge Permits
    This division is the ODEQ Federally-enforceable State Operating
Permit program, and is also the administrative permit mechanism used to
implement the notice of construction and major NSR programs.
    The revisions to the rules in division 216 clarify that facilities
with ACDPs may not be operated if the permit expires or is terminated,
unless a timely renewal application has been submitted or another type
of permit has been issued. The revisions also clarify that for
facilities with title V or ACDPs, requirements established in preceding
permits remain in effect unless specifically modified or terminated.
    In addition, the following unused Basic Permit categories currently
in the Oregon SIP have been deleted from this rule and, following this
action, are proposed to be removed from the SIP:
    (1) Wood Furniture and Fixtures more than 5,000 but less than
25,000 board feet/maximum 8 hour input.
    (2) Flour, Blended and/or Prepared and Associated Grain Elevators
more than 2,000 but less than 10,000 tons per year throughput.
    (3) Grain Elevators used for intermediate storage more than 1,000
but less than 10,000 tons/year throughput.
    (4) Millwork (including kitchen cabinets and structural wood
members) more than 5,000 but less than 25,000 bd. ft./maximum 8 hour
input.
    (5) Non-Ferrous Metal Foundries more than one ton/yr. but less than
100 tons/yr. of metal charged.
    (6) Pesticide Manufacturing more than 1,000 tons/yr. but less than
5,000 tons/yr.
    (7) Sawmills and/or Planing Mills more than 5,000 but less than
25,000 board feet/maximum 8 hour finished product.
    (8) Seed Cleaning and Associated Grain Elevators more than 1,000
but less than 5,000 tons per year throughput.
    (9) Bakeries, Commercial baking more than 500 tons of dough per
year.
    (10) Cereal Preparations and Associated Grain Elevators more than
2,000 but less than 10,000 tons per year throughput.
    (11) Coffee Roasters roasting more than 6 tons coffee beans in a
year, but less than 30 tons/yr.
    In 2001, ODEQ instituted 19 Basic Permit categories to track small
air emission sources. ODEQ intended that basic permits function as a
registration, or means to track sources with potential to grow or
require a different type of permit and to trigger control requirements.
The purpose was to anticipate emission increases and reduce potential
for source violations. Because no basic permits have been issued in the
above categories, removing these categories does not result in
termination of any existing permits. A general provision in the ODEQ's
ACDP rules (division 216) ensures that any facility with significant
emissions is regulated through a permit.
    The rule revision also delegates authority to Lane Regional Air
Protection Agency to implement ACDP and Oregon title V operating permit
programs for regulation of PM2.5 and GHG within its area of
jurisdiction. It also adds: (1) PM2.5 and GHGs to pollutant-
based source categories requiring ACDPs, (2) a 5 ton PM2.5
threshold for requiring a permit in nonattainment areas to provide more
protection for the area through source surveillance, and (3) a 100,000
ton GHG CO2e threshold for GHG permitting, consistent with the GHG
tailoring rule. These rule revisions are proposed for approval into the
SIP.
Division 224 Major New Source Review
    This division contains the ODEQ major source permit to construct
programs as required by title I, parts C and D of the Act. It requires
an ACDP prior to beginning construction on a new major source or major
modification.
    This division applies to new major sources and major modifications
and requires that no owner or operator begin actual construction
without first having received an ACDP and having satisfied the
requirements of division 224.
    The division includes the procedural requirements for the NSR
program, including specifying the information that must be submitted in
a permit application, the time period for which the approval to
construct is valid, the obligation to comply with all applicable
requirements, and the time period that the new or modified source can
operate without applying for a title V operating permit, and when a
title V operating permit must be revised before commencing construction
or operation. The division also includes the procedures for processing
permit applications.
    The division also includes the substantive requirements which must
be met for approval of a new major source or major modification. These
include the requirement that the owner or operator must demonstrate the
ability of the source to comply with all applicable requirements.
    ODEQ's major source permit to construct program as revised in
division 224 complies with EPA's requirements in 40 CFR 51.165 through
51.166 and ensures that new and modified major sources will not cause
or contribute to violations of any NAAQS. Therefore, EPA proposes to
approve these provisions into the Oregon SIP.
Applicability and General Prohibitions<PHONE_NUMBER>
    The rule revision clarifies that division 224 (Major NSR) applies
to the regulated pollutant for which the area is designated
nonattainment or maintenance within nonattainment and maintenance
areas, as well as to the regulated pollutant for which the area is
designated attainment or unclassified within attainment and
unclassifiable areas. It also adds applicability requirements for GHG
PSD permitting of sources that have already triggered NSR/PSD for other
pollutants and that are major for GHGs and trigger PSD. This is
consistent with EPA's Tailoring Rule for purposes of title V and PSD.
Requirements for Sources in Nonattainment Areas<PHONE_NUMBER>
    The rule revision adds requirements for PM2.5 precursors
to sources in designated PM2.5 nonattainment areas (i.e.,
Oakridge and Klamath Falls). It also clarifies that LAER applies to
each emissions unit that emits the nonattainment pollutant or precursor
not included in the most recent netting basis or included in the most
recent netting basis but has been modified to increase actual
emissions.
Requirements for Sources in Maintenance Areas<PHONE_NUMBER>
    The rule revision adds precursors to the list of pollutants subject
to BACT in maintenance areas. It clarifies that BACT applies to each
emissions unit that emits the maintenance pollutant or precursor not
included in the most recent netting basis or included in the most
recent netting basis but has been modified to increase actual
emissions.
Prevention of Significant Deterioration Requirements in Attainment or
Unclassified Areas<PHONE_NUMBER>
    The rule revision: (1) Adds precursors to the BACT requirement, (2)
clarifies that BACT applies to each emissions unit that emits the
nonattainment pollutant or precursor not included in the most recent
netting basis, or is

included in the most recent netting basis but has been modified to
increase actual emissions, (3) indicates that the required air quality
analysis is for the pollutant with increases above the SER over the
netting basis, and (4) adds a provision that increases above the SER
for direct PM2.5 or PM2.5 precursors also trigger
an analysis of PM2.5.
Division 225 Air Quality Analysis Requirements
    This division contains all of the modeling, monitoring, impact
analysis, and net air quality benefit requirements that are necessary
to ensure ambient air quality requirements are met in the permitting
process. The division also includes provisions which specify the
technical information and processes to be used in air quality impact
analyses.
    The provisions for demonstrating net air quality benefit in the
revisions to division 225 comply with the CAA and EPA's requirements
for emission offsets (section 173 of the Act, 40 CFR 51.165(a) and 40
CFR part 51, appendix S, Emission Offset Interpretative Ruling). EPA is
therefore proposing to approve these provisions as complying with part
D of the CAA.
Definitions<PHONE_NUMBER>
    Baseline Concentration--The revised baseline concentration
definition adds a baseline concentration year of 2007 for
PM2.5 consistent with EPA regulations. The definition of
baseline concentration is consistent with EPA's definitions in 40 CFR
51.165(a) and 51.166(b).
Requirements for Analysis and Demonstrating Compliance in Maintenance
Areas<PHONE_NUMBER> and PSD Class I, II and III Areas<PHONE_NUMBER> and
0060
    The rule revisions clarify that a single source impact analysis is
sufficient to show compliance with standards and increments for only
the pollutants that trigger PSD, and that a single source impact
analysis is for emission increases equal to or greater than a
significant emission rate above the netting basis due to the proposed
source or modification. The revisions also add a PM2.5
significant monitoring concentration of 4 [mu]g/m\3\ as specified in
EPA's PM2.5 NSR/PSD implementing rule for use in determining
the need for preconstruction monitoring of a proposed source or
modification in a PSD Class II and III area.
Requirements for Demonstrating a Net Air Quality Benefit<PHONE_NUMBER>
    The rule revision adds PM2.5 to the list of pollutants
for non-ozone areas and adds PM2.5 precursor, SO2
and NOX offset ratios for non-ozone areas. These offset
ratios are based on levels established by EPA. The revision also
indicates that precursor emissions can be used to offset direct
PM2.5 and vice versa. We are taking no action on these
interpollutant offset ratios for PM2.5 at this time to give
Oregon time to provide a demonstration that these interpollutant offset
ratios are NAAQS protective in Oregon or alternatively revise these
ratios in accordance with the July 21, 2011, memorandum by EPA that
revises the Federal interpollutant offset policy.\15\
---------------------------------------------------------------------------

    \15\ In a memorandum from Gina McCarthy, EPA Assistant
Administrator, entitled ``Revised Policy to Address Reconsideration
of Interpollutant Trading Provisions for Fine Particles
(PM2.5),'' July, 21, 2011, EPA revised its policy
originally set forth in the 2008 PM2.5 New Source Review
Implementations Rule (the 2008 final rule, 73 FR 28321) concerning
the development and adoption of interpollutant trading (offset)
provisions for PM2.5 under state nonattainment area NSR
programs for PM2.5. As a result of our reconsideration of
the policy, EPA no longer supports the ratios provided in the
preamble to the 2008 final rule as presumptively approvable ratios
for adoption in SIPs containing nonattainment NSR programs for
PM2.5. This revised policy does not affect the EPA rule
provisions that allow states to adopt as part of their nonattainment
NSR programs for PM2.5 appropriately supported
interpollutant offset provisions involving PM2.5
precursors.
---------------------------------------------------------------------------

    The rule revision further adds an alternative provision for small
scale local energy projects (and related infrastructure) located in
nonattainment and maintenance areas indicating that the net air quality
benefit requirement is satisfied if the nonattainment or maintenance
pollutant emissions are offset using the offset ratios specified in
this rule, provided that the proposed major source or major
modification does not cause or contribute to a violation of the NAAQS
or otherwise pose a material threat to compliance with air quality
standards in the nonattainment area. The State of Oregon House Bill
2952 amended ORS 468A.040 to add an exception for small scale local
energy projects regarding net air quality benefit.
Division 228 Requirements for Fuel Burning Equipment and Fuel Sulfur
Content
    This division provides sulfur content of fuel requirements and
general emission standards for fuel burning equipment.
Sulfur Dioxide Standards<PHONE_NUMBER>
    To be consistent with Federal emission standards and the reference
source test method, the averaging time for sulfur dioxide emission
standards for fuel-burning equipment in this rule has been changed from
two hours to three hours. As part of their June 23, 2010, SIP
submittal, ODEQ provided a demonstration that this rule change will
have no discernable effect on the air quality or on the stringency of
their revised emission standard. EPA has reviewed ODEQ's demonstration
and has determined that the revised rule will not interfere with the
attainment or maintenance of the NAAQS for sulfur dioxide. Therefore,
EPA proposes to approve these regulations.
Division 234 Emission Standards for Wood Products Industries
    The division establishes emission standards and monitoring and
reporting requirements for wigwam waste burners, kraft pulp mills,
neutral sulfite semi-chemical (NSSC) pulp mills, sulfite pulp mills,
and board products industries (veneer, plywood, particleboard,
hardboard).
Definitions<PHONE_NUMBER>
    Wigwam Waste Burner--The definition of wigwam waste burner has been
revised. The outdated regulations governing the use of wigwam waste
burners have been deleted and a prohibition statewide has been added.

III. EPA's Proposed Action

    Consistent with the discussion above, EPA proposes to approve most
of the submitted SIP provisions and to take no action on certain other
provisions, as discussed below. This action will result in proposed
changes to the Oregon SIP in 40 CFR part 52, subpart MM.

A. Rules To Approve Into SIP

    EPA proposes to approve into the Oregon SIP at 40 CFR part 52,
subpart MM, the following revisions to chapter 340 of the OAR listed in
Table 2. It is important to note that in those instances where ODEQ
submitted multiple revisions to a single rule of chapter 340 of the
OAR, the most recent version of that rule (based on State effective
date) is proposed to be incorporated into the SIP since it supersedes
all previous revisions.

                                 Table 2--ODEQ Regulations for Proposed Approval
----------------------------------------------------------------------------------------------------------------
                                                                             State
            State citation                       Title/subject          effective date         Explanation
----------------------------------------------------------------------------------------------------------------
                          OAR 340-200--General Air Pollution Procedures and Definition
----------------------------------------------------------------------------------------------------------------
0010..................................  Purpose and Applicability.....       11/8/2007  ........................
0020..................................  General Air Quality                   5/1/2011  ........................
                                         Definitions.
0025..................................  Abbreviations and Acronyms....        5/1/2011  ........................
0030..................................  Exceptions....................       9/17/2008  ........................
----------------------------------------------------------------------------------------------------------------
                          OAR 340-202--Ambient Air Quality Standards and PSD Increments
----------------------------------------------------------------------------------------------------------------
0010..................................  Definitions...................        5/1/2011  ........................
0060..................................  Suspended Particulate Matter..        5/1/2011  ........................
0090..................................  Ozone.........................       5/21/2010  ........................
0130..................................  Ambient Air Quality Standard         5/21/2010  ........................
                                         for Lead.
0210..................................  Ambient Air Increments........        5/1/2011  ........................
----------------------------------------------------------------------------------------------------------------
                                  OAR 340-204--Designation of Air Quality Areas
----------------------------------------------------------------------------------------------------------------
0010..................................  Definitions...................       5/21/2010  ........................
0030..................................  Designation of Nonattainment         5/21/2010  ........................
                                         Areas.
----------------------------------------------------------------------------------------------------------------
                                     OAR 340-206--Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
0010..................................  Introduction..................       5/21/2010  ........................
0030..................................  Episode Stage Criteria for Air       5/21/2010  ........................
                                         Pollution Emergencies.
----------------------------------------------------------------------------------------------------------------
                            OAR 340-208--Visible Emissions and Nuisance Requirements
----------------------------------------------------------------------------------------------------------------
0010..................................  Definitions...................       11/8/2007  ........................
0100..................................  Visible Emissions,                   11/8/2007  ........................
                                         Applicability.
0110..................................  Visible Air Contaminant              11/8/2007  ........................
                                         Limitations.
0200..................................  Fugitive Emission                    11/8/2007  ........................
                                         Requirements, Applicability.
0210..................................  Fugitive Emission                    11/8/2007  ........................
                                         Requirements, Requirements.
----------------------------------------------------------------------------------------------------------------
                                        OAR 340-209--Public Participation
----------------------------------------------------------------------------------------------------------------
0040..................................  Public Notice Information.....       11/8/2007  ........................
0070..................................  Hearings and Meeting                 11/8/2007  ........................
                                         Procedures.
0080..................................  Issuance or Denial of a Permit       11/8/2007  ........................
----------------------------------------------------------------------------------------------------------------
                            OAR 340-210--Notice of Construction and Approval of Plans
----------------------------------------------------------------------------------------------------------------
0205..................................  Applicability.................       9/17/2008  ........................
----------------------------------------------------------------------------------------------------------------
                              OAR 340-214--Stationary Source Reporting Requirements
----------------------------------------------------------------------------------------------------------------
0010..................................  Definitions...................       11/8/2007  ........................
0300 (Formally OAR-340-28-1400).......  Purpose and Applicability.....       11/8/2007  ........................
0310 (Formally OAR-340-28-1410).......  Planned Startup and Shutdown..       11/8/2007  ........................
0320 (Formally OAR-340-28-1420).......  Scheduled Maintenance.........       11/8/2007  ........................
0330 (Formally OAR-340-28-1430).......  Upsets and Breakdowns.........       11/8/2007  ........................
0340 (Formally OAR-340-28-1440).......  Reporting Requirements........       11/8/2007  ........................
0350 (Formally OAR-340-28-1450).......  Enforcement Action Criteria...       11/8/2007  ........................
0360..................................  Emergency as an Affirmative          11/8/2007  ........................
                                         Defense.
----------------------------------------------------------------------------------------------------------------
                                 OAR 340-216--Air Contaminant Discharge Permits
----------------------------------------------------------------------------------------------------------------
0020 and Table 1......................  Applicability.................        5/1/2011  ........................
0040..................................  Application Requirements......        5/1/2011  ........................
0060..................................  General ACDPs.................        5/1/2011  ........................
0064..................................  Simple ACDPs..................        5/1/2011  ........................
0082..................................  Termination or Revocation of         11/8/2007  ........................
                                         an ACDP.
----------------------------------------------------------------------------------------------------------------
                            OAR 340-222--Stationary Source Plant Site Emission Limits
----------------------------------------------------------------------------------------------------------------
0020..................................  Applicability.................       8/29/2008  ........................
----------------------------------------------------------------------------------------------------------------
                                      OAR 340-224--Major New Source Review
----------------------------------------------------------------------------------------------------------------
0010..................................  Applicability and General             5/1/2011  ........................
                                         Prohibitions.
0050..................................  Requirements for Sources in           5/1/2011  ........................
                                         Nonattainment Areas.

0060..................................  Requirements for Sources in           5/1/2011  ........................
                                         Maintenance Areas.
0070..................................  Prevention of Significant             5/1/2011  ........................
                                         Deterioration Requirements
                                         for Sources in Attainment or
                                         Unclassified Areas.
----------------------------------------------------------------------------------------------------------------
                                 OAR 340-225--Air Quality Analysis Requirements
----------------------------------------------------------------------------------------------------------------
0020..................................  Definitions...................        5/1/2011  ........................
0030..................................  Procedural Requirements.......        5/1/2011  ........................
0045..................................  Requirements for Analysis in          5/1/2011  ........................
                                         Maintenance Areas.
0050..................................  Requirements for Analysis in          5/1/2011  ........................
                                         PSD Class II and Class III
                                         Areas.
0060..................................  Requirements for Demonstrating        5/1/2011  ........................
                                         Compliance with Standards and
                                         Increments in PSD Class I
                                         Areas.
0090..................................  Requirements for Demonstrating        5/1/2011  EPA is not taking action
                                         a Net Air Quality Benefit.                      on the interpollutant
                                                                                offset ratios provided
                                                                                in 0090(2)(a)(C).
----------------------------------------------------------------------------------------------------------------
                  OAR 340-228--Requirements for Fuel Burning Equipment and Fuel Sulfur Content
----------------------------------------------------------------------------------------------------------------
0020..................................  Definitions...................       11/8/2007  ........................
0200..................................  Sulfur Dioxide Standards......       11/8/2007  ........................
0210..................................  Grain Loading Standards.......       11/8/2007  ........................
----------------------------------------------------------------------------------------------------------------
                                 OAR 340-232--Emission Standards for VOC Sources
----------------------------------------------------------------------------------------------------------------
0010..................................  Introduction..................       11/8/2007  ........................
----------------------------------------------------------------------------------------------------------------
                          OAR 340-234--Emission Standards for Wood Products Industries
----------------------------------------------------------------------------------------------------------------
0010..................................  Definitions...................       11/8/2007  ........................
0100..................................  Wigwam Waste Burners--               11/8/2007  ........................
                                         Statement of Policy and
                                         Applicability.
0110..................................  Wigwam Waste Burners--               11/8/2007  Rule repealed, remove
                                         Authorization to Operate a                      from SIP.
                                         Wigwam Burner.
0120..................................  Wigwam Waste Burners--Emission       11/8/2007  Rule repealed, remove
                                         and Operation Standards for                     from SIP.
                                         Wigwam Waste Burners.
0130..................................  Wigwam Waste Burners--               11/8/2007  Rule repealed, remove
                                         Monitoring and Reporting.                       from SIP.
0140..................................  Wigwam Waste Burners--Existing       11/8/2007  ........................
                                         Administrative Agency Orders.
0210..................................  Kraft Pulp Mills--Emission           11/8/2007  ........................
                                         Limitations.
0230..................................  Kraft Pulp Mills--Plans and          11/8/2007  Rule repealed, remove
                                         Specifications.                                 from SIP.
0240..................................  Kraft Pulp Mills--Monitoring..       11/8/2007  ........................
0250..................................  Kraft Pulp Mills--Reporting...       11/8/2007  ........................
0260..................................  Kraft Pulp Mills--Upset              11/8/2007  Rule repealed, remove
                                         Conditions.                                     from SIP.
0500..................................  Board Product Industries--           11/8/2007  ........................
                                         Applicability and General
                                         Provisions.
0510..................................  Board Product Industries--           11/8/2007  ........................
                                         Veneer and Plywood
                                         Manufacturing Operations.
0520..................................  Board Product Industries--           11/8/2007  ........................
                                         Particleboard and
                                         Manufacturing Operations.
0530..................................  Board Product Industries--           11/8/2007  ........................
                                         Hardboard Manufacturing
                                         Operations.
----------------------------------------------------------------------------------------------------------------
                              OAR 340-236--Emission Standards for Specific Sources
----------------------------------------------------------------------------------------------------------------
0010..................................  Definitions...................       11/8/2007  ........................
0410..................................  Hot Asphalt Plants--Control          11/8/2007  ........................
                                         Facilities Required.
----------------------------------------------------------------------------------------------------------------
                                       OAR 340-264--Rules for Open Burning
----------------------------------------------------------------------------------------------------------------
0040..................................  Exemptions, Statewide.........       9/17/2008  ........................
----------------------------------------------------------------------------------------------------------------

B. Rules on Which No Action Is Taken

    The following provisions were included in the SIP submittals
discussed above. However, EPA is not proposing to approve these
provisions.
    OAR<PHONE_NUMBER>--State of Oregon Clean Air Act Implementation
Plan.
    OAR 340-215--Greenhouse Gas Reporting Requirements.
    OAR 340-218 (0010, 0020, 0040, 0050, 0120, 0150, 0180, 0190 and

0250)--Oregon Title V Operating Permits.
    OAR 340-228--Requirements for Fuel Burning Equipment and Fuel
Sulfur Content, Mercury Rules (0672 Emission Caps, 0673 Monitoring
Requirements for the Hg Emission Standards, 0676 Heat Input
Determinations 0674, 0676 Coal Sampling and Analysis, and 0678 Hg Mass
Emissions Measurement Prior to Any Control Devices 0678).
    OAR 340-228--Requirements for Fuel Burning Equipment and Fuel
Sulfur Content Federal Acid Rain Program (0300).
    OAR 340-230--Incinerator Regulations.
    OAR<PHONE_NUMBER>--Standards for Wood Products Industries--EPA is
not acting on references to total reduced sulfur from smelt dissolving
tanks, sewers, drains, categorically insignificant activities, and
wastewater treatment facilities in the revised definition of other
sources.

IV. 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, 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 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 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
the state, and 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, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

    Dated: September 15, 2011.
Michelle L. Pirzadeh,
Acting, Regional Administrator, Region 10.
[FR Doc. 2011-24525 Filed 9-22-11; 8:45 am]
BILLING CODE 6560-50-P