Proposed Rule2025-17055
Air Plan Approval; OR; Lane County Permitting Rule Revisions
Primary source
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Published
September 5, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) proposes to approve the June 26, 2024, submitted revisions to the Oregon State Implementation Plan (SIP) applicable in Lane County, Oregon. The changes update the local stationary source permitting regulations to align with existing State regulations. The revisions eliminate generic plant site emission limits in favor of source-specific and source- category specific limits, update construction notification requirements, clarify the use of modeling and monitoring for compliance assurance, and streamline the permit application process.
Full Text
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<title>Federal Register, Volume 90 Issue 170 (Friday, September 5, 2025)</title>
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[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Proposed Rules]
[Pages 42867-42878]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17055]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2024-0572, FRL-12455-01-R10]
Air Plan Approval; OR; Lane County Permitting Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
the June 26, 2024, submitted revisions to the Oregon State
Implementation Plan (SIP) applicable in Lane County, Oregon. The
changes update the local stationary source permitting regulations to
align with existing State regulations. The revisions eliminate generic
plant site emission limits in favor of source-specific and source-
category specific limits, update construction notification
requirements, clarify the use of modeling and monitoring for compliance
assurance, and streamline the permit application process.
DATES: Comments must be received on or before October 6, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2024-0572, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The EPA may
publish any comment received to its public docket. Do not
electronically submit any information you consider to be Confidential
Business Information (CBI) or other information the disclosure of which
is restricted by statute. Multimedia submissions (audio, video, etc.)
must be accompanied by a written comment. The written comment is
considered the official comment and should include discussion of all
points you wish to make. The EPA will generally not consider comments
or comment contents located outside of the primary submission (i.e., on
the web, cloud, or other file sharing system). For additional
submission methods, the full EPA public comment policy, information
about CBI or multimedia submissions, and general guidance on making
effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, at (206) 553-6357 or
<a href="/cdn-cgi/l/email-protection#690108050547021b001a1d0007290c1908470e061f"><span class="__cf_email__" data-cfemail="086069646426637a617b7c6166486d7869266f677e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'' or
``our'' is used, it means ``the EPA.''
Table of Contents
I. Background
A. State Implementation Plan
B. State Submission
II. Evaluation
A. Title 12 General Provisions and Definitions
B. Title 13 General Duties and Powers of Board and Director
C. Title 29 Designation of Air Quality Areas
D. Title 31 Public Participation
E. Title 32 Emission Standards
F. Title 33 Prohibited Practices and Control of Special Classes
of Industry
G. Title 34 Stationary Source Notification Requirements
H. Title 37 Air Contaminant Discharge Permits
I. Title 38 New Source Review
J. Title 40 Air Quality Analysis Requirements
K. Title 41 Emission Reduction Credits
L. Title 42 Stationary Source Plant Site Emission Limits
M. Title 48 Rules for Fugitive Emissions
N. Title 50 Ambient Air Standards and PSD Increments
O. Title 51 Air Pollution Emergencies
III. Proposed Action
A. Rule Sections Approved and Incorporated by Reference
B. Rule Sections Approved but Not Incorporated by Reference
C. Rule Sections Removed From Incorporation by Reference
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
A. State Implementation Plan
The Clean Air Act requires the EPA to establish national ambient
air quality standards (NAAQS) for carbon monoxide, lead, nitrogen
dioxide, ozone, particulate matter, and sulfur dioxide.\1\ Each State
has a State Implementation Plan (SIP) designed to meet the NAAQS
through various air pollution regulations, control measures and
strategies. A SIP contains elements such as emission limits, pollution
control technology requirements, permitting programs, and enforcement
mechanisms, among other elements.
[[Page 42868]]
Each State revises its SIP over time to respond to new Federal
requirements and to address changing air quality conditions.
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\1\ See Clean Air Act section 109.
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States submit each SIP revision to the EPA for review and
approval.\2\ The EPA takes action through notice and comment rulemaking
to approve and incorporate the submitted State air quality regulations
by reference into the SIP, codified in the Code of Federal Regulations
(CFR). As part of the SIP, State regulations are enforceable by the EPA
and by citizens in Federal district court.\3\
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\2\ See Clean Air Act section 110.
\3\ See Clean Air Act section 304.
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B. State Submission
On June 26, 2024, the Oregon Department of Environmental Quality
(DEQ) and the Lane Regional Air Protection Agency (LRAPA) submitted a
SIP revision to the EPA for approval into the Oregon SIP, codified at
40 CFR part 52, subpart MM. The Oregon Department of Environmental
Quality (Oregon DEQ) is the permitting authority throughout the State,
except where LRAPA has been authorized to permit sources located in
Lane County, Oregon. The submitted changes, State effective May 25,
2024, update the stationary source permitting programs in LRAPA
regulations to align with changes to State rules (89 FR 59611, July 23,
2024).
II. Evaluation
The following sections of this preamble describe the submitted
changes to air permitting regulations applicable in Lane County and
evaluate the changes with respect to Clean Air Act requirements.\4\ We
have focused on the substantive rule revisions. We have not described
all submitted typographical corrections, numbering updates, and minor
wording changes that do not alter the meaning of the rules.
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\4\ We intend to address the submitted changes to title 36 of
the LRAPA regulations, related to excess emissions requirements, in
a separate, future action.
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A. Title 12 General Provisions and Definitions
Title 12 of the LRAPA regulations contains generally applicable
provisions and definitions used throughout the air quality rules
applicable in Lane County. LRAPA updated title 12 of the local air
regulations to align with corresponding State requirements in OAR
chapter 340, division 200. In section 12-001, LRAPA added language
outlining the authority of the local air agency to implement the State
air quality rules in Lane County and implement any local rule in lieu
of a State rule provided: (1) the local rule is at least as stringent
as the State rule; (2) the rule is submitted to the EQC for approval;
and (3) the Oregon Environmental Quality Commission (EQC) has not
disapproved the rule. We propose to approve this clarification.
In section 12-005, LRAPA combined the definition of ``air pollution
control device'' with ``control device'' to be consistent with the
definition in Oregon's rules, approved by the EPA in a prior action on
July 23, 2024 (89 FR 59611). Also, consistent with changes the Oregon
DEQ recently made, LRAPA made clear that the definition of
``construction'' includes the replacement of a source and that the
definition of ``emission limit'' includes a permit condition or order.
These changes are appropriate because they strengthen and clarify the
SIP.
LRAPA also made updates to certain terms in section 12-005. LRAPA
clarified that all fluorinated greenhouse gases, as defined in 40 CFR
part 98, are included in the LRAPA definition of ``greenhouse gas,''
consistent with the same definition in State rules. LRAPA also
clarified the definition of ``major source'' to ensure that all uses of
the term throughout the air quality rules point to the corresponding
definition based on the applicable permitting program. This update is
consistent with State rule changes approved by the EPA on July 23, 2024
(89 FR 59611).
Also in section 12-005, LRAPA updated the centralized definition of
``opacity'' to change the test method from EPA Method 203B to EPA
Method 9.\5\ This change was designed to align with the change LRAPA
made to update the form of its general visible emission standards from
an aggregate exception of three minutes in a 60-minute period to a 6-
minute block average. For more details, please see our discussion in
section II.D. of this preamble.
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\5\ Method 203B--40 CFR part 50, appendix M; Method 9--Visual
Determination of the Opacity of Emissions from Stationary Sources
described in 40 CFR part 60, appendix A-4.
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LRAPA also clarified the correct definition of ``particulate
matter'' to be used in regulating visible emissions, consistent with
prior changes made to State rules. LRAPA revised the definition of
``regulated air pollutant'' to make clear that hazardous air pollutants
regulated under Clean Air Act section 112 and toxic air contaminants
regulated under Cleaner Air Oregon are not to be included in the
definition as used in certain sections of LRAPA's air regulations. The
definition of ``significant emission rate'' was updated to point to the
EPA test method used to measure inorganic fluoride compounds and
updated the definition of ``VOC'' to align with the Federal definition
in 40 CFR 51.100(s). We propose to approve these clarifying updates.
Finally, LRAPA updated the definition of ``significant impact
level'' in section 12-005 to remove the levels established for the
coarse particulate matter (PM<INF>10</INF>) annual NAAQS. This change
is consistent with the EPA's revocation of the PM<INF>10</INF> annual
NAAQS on October 17, 2006 (71 FR 61144). LRAPA also struck the
definition of ``generic plant site emission limit (PSEL)'' because the
Oregon DEQ and LRAPA have repealed the permitting regulations in which
the term is used. For further discussion, please see section II.K. of
this preamble. We propose to approve the changes.
In section 12-010, LRAPA numbered the abbreviations and acronyms
used throughout the air quality rules to aid the reader, removed the
abbreviation for Rogue Valley Council of Governments (RVCOG) because it
is no longer used in the air quality rules, and added the acronym
``SER'' for ``significant emission rate'' to the list. We propose to
approve these housekeeping edits.
Section 12-020 lists activities that are not subject to local air
quality regulations. Paragraph (2) spells out exceptions, including
that local air regulations are appropriate to the extent such
regulations are necessary to implement Clean Air Act requirements.
LRAPA made a minor change to make clear that local air regulations are
appropriate, when necessary, in the LRAPA Board's or the Oregon
Environmental Quality Commission's discretion, to regulate dairy air
contaminant emissions. We propose to find that section 12-020 remains
comparable to OAR 340-200-0030 and Oregon Revised Statutes (ORS) 468A-
020.
Section 12-025 includes materials referenced by the air quality
regulations. LRAPA updated the date by which provisions of the CFR are
referenced in the rules, from July 1, 2018, to July 1, 2023. We propose
to approve and incorporate by reference this change and the other
submitted changes to title 12.
We note that LRAPA did not submit section 12-030 related to
compliance schedules for approval into the SIP. Any compliance schedule
established by LRAPA under this provision must be specifically
submitted to, and approved by the EPA, before it will be federally
enforceable or change the requirements of the EPA-approved SIP.\6\
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\6\ 40 CFR 51.102(a)(2) and (c) and 40 CFR 51.260.
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[[Page 42869]]
B. Title 13 General Duties and Powers of Board and Director
Title 13 of the LRAPA regulations sets out general authority to
adopt, implement and enforce regulations in Lane County, including
issuing permits. These general authority provisions were first approved
into the Oregon SIP in 1993 (58 FR 47385, September 9, 1993). We note,
that at the time of that original approval, the general authority
provisions were in title 12 and were later renumbered to title 13.
These provisions contain long-standing requirements for the make-up of
the LRAPA Board and disclosures of potential conflicts of interest for
the board members and the director, and were previously approved by the
EPA as meeting Clean Air Act State board requirements under section
128.\7\
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\7\ LRAPA section 12-025, renumbered to section 13-025; 58 FR
47385, September 9, 1993.
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In the submission, LRAPA made minor editorial changes for plain
language and clarified State statutory references. We find that title
13 remains consistent with Clean Air Act section 110 requirements for
permit issuance, enforcement authority, State and local agencies, and
State boards. We propose to approve and incorporate by reference title
13 into the Oregon SIP at 40 CFR part 52, subpart MM.
C. Title 29 Designation of Air Quality Areas
Title 29 details the nonattainment, maintenance and reattainment
area designations in Lane County. Title 29 also includes the original
Clean Air Act air quality control regions and prevention of significant
deterioration areas. LRAPA made only minor, insignificant wording and
numbering changes to sections 29-0010, 29-0020, 29-0030, 29-0040, 29-
0050, 29-0060, 29-0070, 29-0310, and 29-0320. We propose to approve
these clarifying changes.
D. Title 31 Public Participation
Title 31 of the LRAPA regulations governs public participation in
the review of proposed permit actions. LRAPA updated title 31 to align
with corresponding State requirements in OAR chapter 340, division 209.
LRAPA updated the public hearing procedures in section 31-0070 to make
clear that the presiding officer will present a summary of the proposed
permit action and preliminary decision during the public hearing, and
that LRAPA will prepare a hearing report after the public hearing. We
propose to approve the clarifications.
In section 31-0080, consistent with State rule changes (89 FR
59611, July 23, 2024), LRAPA spelled out the timeline and actions
required for an owner or operator to appeal a permit decision,
specifically adding text stating that an issued permit is effective on
the date of signature, unless the applicant requests a hearing to
contest the permit within 20 days of the notification date. Also to
align with State rules, LRAPA made clear that a permit denial is
effective 60 days from the notification date unless the applicant
requests a hearing within that timeframe. We propose to approve the
changes because they make the permit appeal process transparent to
applicants and the public and because the public participation rules
remain consistent with the Clean Air Act and Federal requirements for
public notice of new source review actions.\8\
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\8\ 40 CFR 51.161 (public availability of information), 40 CFR
51.165 (permit requirements), and 40 CFR 51.166 (prevention of
significant deterioration of air quality).
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E. Title 32 Emission Standards
Title 32 of the LRAPA regulations contains emission standards and
provisions of general applicability, including requirements for highest
and best practicable treatment and control, operation and maintenance,
typically achievable control technology, additional requirements
imposed on a permit-by-permit basis, particulate emission limits for
process equipment and other sources (other than fuel or refuse burning
equipment or fugitive emissions), and alternative emission limits.
LRAPA updated title 32 of the LRAPA regulations to align with
corresponding State requirements in OAR chapter 340, divisions 208 and
226, as described in the following paragraphs.
LRAPA revised section 32-005 by clarifying that LRAPA will include
appropriate conditions in permits to ensure that the highest and best
practicable treatment and control of emissions is provided and that the
permit conditions ensure that the degree of treatment and control
provided must be such that further degradation of existing air quality
is minimized to the greatest extent possible. LRAPA also streamlined
language in section 32-005 to align with State rule at OAR 340-226-
0100, most recently approved by the EPA on July 23, 2024 (89 FR 59611).
LRAPA did the same in section 32-008, related to typically achievable
control technology, to align the rule language with that in OAR 340-
226-0130. These changes are appropriate and consistent with State
rules.
In section 32-009, related to additional control requirements for
stationary sources of air contaminants, LRAPA added language consistent
with OAR 340-226-0140 spelling out that any air quality analysis must
be conducted in accordance with the procedures in title 40 of the LRAPA
regulations. In section 32-010, LRAPA updated the visible air
contaminant limitations to make clear that the limits in section 32-010
do not apply to recovery furnaces that are subject to the separate
standards for wood products industries in title 33 of the LRAPA
regulations. This clarification are intended to make the rules easier
to interpret.
Also in section 32-010, LRAPA revised its general visible emission
standards from a form that uses an aggregate exception of three minutes
in a 60-minute period to a form based on a 6-minute block average, as
measured by Method 9, a continuous opacity monitoring system (COMS), or
an equivalent to Method 9. This change is intended to make the LRAPA
rules consistent with State rules at OAR 340-208-0110 and align the
rules with the general requirements in 40 CFR 60.11 for the Federal New
Source Performance Standards (NSPS).\9\ This change is an appropriate
choice.
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\9\ The EPA approved OAR 340-208-0110, State effective April 16,
2015, on October 11, 2017 (82 FR 47122).
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Also in section 32-010, LRAPA removed text that historically served
to phase in tighter, 20 percent opacity limits for wood-fired boilers.
The limits are now widely applicable. In addition, LRAPA made visible
emission standards applicable to each individual emissions unit, to
preclude averaging across the source, consistent with State rules at
OAR 340-208-0110. We propose to approve the submitted changes because
they clarify how and where visible emission limits apply without
relaxing the requirements.
LRAPA removed obsolete language from sections 32-015, 32-020, and
32-030 that historically phased in tighter grain loading standards to
limit particulate matter emissions from sources other than fuel and
refuse burning or solid fuel burning devices. The tighter limits,
consistent with those in OAR 340-226-0210, are in effect and therefore
LRAPA removed the old phase-in language. We propose to approve the
changes because they are designed to improve permit program
implementation and protect the NAAQS.
[[Page 42870]]
F. Title 33 Prohibited Practices and Control of Special Classes of
Industry
Title 33 of the LRAPA regulations establishes requirements for
certain industrial sectors, including kraft pulp mills. LRAPA updated
title 33 of the LRAPA regulations to align with corresponding State
requirements in OAR chapter 340, division 234. LRAPA revised the
emission standards for kraft pulp mills in section 33-070 to spell out
that categorically insignificant activities are not classified as
``other sources'' for purposes of total reduced sulfur limits. LRAPA
updated the form of the opacity limit to a 6-minute average and made
clear that kraft mills with specific particulate emission limits are
exempt from the grain loading emission limits in title 32 of the LRAPA
regulations. LRAPA also added language stating that LRAPA may require
relevant monitoring requirements in the facility permit when more
restrictive emission limits than the NSPS are established for a source.
These clarifications are designed to improve implementation and
enforcement.
G. Title 34 Stationary Source Notification Requirements
Title 34 of the LRAPA regulations addresses stationary source
notification requirements. LRAPA updated title 34 of the LRAPA
regulations to align with corresponding State requirements in OAR
chapter 340, division 210. In section 34-010, LRAPA clarified the
applicability provisions to spell out that an owner or operator of a
proposed new source that will emit any regulated air pollutant, and
that is not otherwise required to obtain an air contaminant discharge
permit under LRAPA title 37 or a title V permit under OAR chapter 340,
division 218, must notify the permitting authority, consistent with
LRAPA title 34. In addition, an owner or operator seeking to modify an
existing source must notify the permitting authority if the
modification would increase regulated air pollutant emissions, replace
an emissions device, or construct, modify, or replace an air pollution
control device. We note that such a source seeking to modify may or may
not have an existing air contaminant discharge permit or title V
permit. This update to section 34-010 made the language in section 34-
034 redundant and, therefore, LRAPA repealed section 34-034.
Section 34-015 addresses requests to owners and operators for
information and analysis, including an air quality analysis of the
source. LRAPA clarified that it will provide the source with a written
request for information and that the source must provide the
information by a reasonable date. LRAPA revised this section to include
that such requested analysis may include information necessary to
determine whether a source's emissions may cause or contribute to a new
exceedance of a NAAQS. In section 34-016, LRAPA addressed reporting due
dates that may fall on a weekend or holiday, spelling out that the due
date is adjusted to the next business day. These changes are intended
to help the regulated community understand the rules and improve
implementation.
LRAPA also updated the general registration provisions in section
34-025 to make clear to owners and operators of subject sources that
appropriate record-keeping is required and that failure to pay fees may
be cause to terminate registration.\10\ We propose to approve the
submitted changes because they clarify what is required to maintain
source registration.
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\10\ Registered sources include sources such as motor vehicle
surface coating operations, dry cleaners using perchloroethylene,
and other types of smaller sources. Registering such sources helps
the Oregon DEQ and LRAPA inventory emissions, provide technical
assistance, and communicate with owners and operators.
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In section 34-035, LRAPA added language consistent with OAR 340-
210-0225 to clarify which kinds of changes fall under each notification
type prescribed in the LRAPA title 34 rules (types 1, 2, 3 and 4), in
addition to the associated requirements for owners and operators under
each type. Type 1 changes generally consist of construction and
modification for which an owner or operator is not required to obtain
an air contaminant discharge permit or permit modification under LRAPA
title 37, and where the changes would not increase emissions in a
significant way, would not increase emissions above an existing plant
site emission limit (PSEL), and would not be used to establish a
federally enforceable limit on potential to emit.\11\ A construction or
modification may also be a type 1 change if it is one of a list of
equipment, units, or activities that are expected to result in little
to no change in emissions.\12\ Type 2 changes include construction or
modification for which the owner or operator is not required to obtain
an air contaminant discharge permit or permit modification under LRAPA
title 37, and where the construction or modification would not cause or
increase emissions above certain regulatory thresholds, such as the
significant emission rate.\13\ Type 3 changes include construction or
modification where the construction or modification would cause or
increase emissions above certain regulatory thresholds, such as the
significant emission rate.\14\ Finally, type 4 changes include
construction or modification subject to new source review (NSR)
requirements governed by LRAPA title 38. We propose to approve the
changes because they are designed to ensure that construction
activities receive the proper review by the permitting authority.
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\11\ More specifically, the construction or modification would:
have emissions from any new, modified, or replaced device or
activity, or any combination of devices or activities, of less than
or equal to the de minimis levels defined in LRAPA title 12, table
1; not result in an increase of emissions from the source above any
PSEL; not result in an increase of emissions from the source above
the netting basis by more than or equal to the SER; not be used to
establish a federally enforceable limit on the potential to emit;
and not require a technically achievable control technology
determination under LRAPA title 32 or a maximum achievable control
technology determination under LRAPA title 44.
\12\ Activities that are expected to result in little or no
change in emissions include, for example: vacuum pumps; hand-held
sanding equipment; Lithographic printing equipment which uses laser
printing; concrete application and installation; among numerous
other activities. See submitted changes to section 34-035 in the
submission in the docket for this action.
\13\ Specifically, construction or modification that would have
emissions from any new, modified, or replaced device or activity, or
any combination of devices or activities, of less than the
significant emission rate (SER) defined in LRAPA title 12; not
result in an increase of emissions from the source above any plant
site emission limit (PSEL); not result in an increase of emissions
from the source above the netting basis by more than or equal to the
SER; not be used to establish a federally enforceable limit on the
potential to emit; be used to establish a State-only enforceable
limit on the potential to emit; not require a technically achievable
control technology determination under LRAPA title 44 or a maximum
achievable control technology determination under LRAPA title 32;
and not cause or contribute to a new exceedance of the NAAQS for a
new or replaced device or activity.
\14\ Specifically, construction or modification that would
result in emissions from any new, modified, or replaced device or
activity, or any combination of devices or activities, of more than
or equal to the SER defined in LRAPA title 12; result in an increase
of emissions from the source above any PSEL before applying
unassigned emissions or emissions reduction credits available to the
source but less than the SER after applying unassigned emissions or
emissions reduction credits available to the source; be used to
establish a federally enforceable limit on the potential to emit;
require a TACT determination under LRAPA title 32 or a MACT
determination under LRAPA title 44; or not cause or contribute to a
new exceedance of a NAAQS adopted under title 50 for a new or
replaced device or activity.
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In section 34-036, LRAPA revised the notice to construct
application requirements to be consistent with those in OAR 340-210-
0230. LRAPA specified that an application must meet the requirements of
the rules in effect on the date the complete application was submitted.
LRAPA specified what should be in a notice to construct
[[Page 42871]]
application and required that applicants must generally use the LRAPA-
provided electronic forms. Applications must include, among other
things, information on production, throughput, material usage,
emissions with supporting calculations, the anticipated date of the
commencement of construction, the anticipated date of construction or
modification completion, and land use compatibility statement(s)
required by a local planning agency. Any person proposing a type 2 or
type 3 change for a new or replaced device or activity must also submit
an air quality analysis, for any pollutants that are emitted above the
de minimis emission level, demonstrating that the emissions from the
individual device or activity, including reductions due to air
pollution control devices or permitted limits on production capacity,
will not cause or contribute to a new exceedance of a NAAQS. We propose
to approve these revisions as strengthening the SIP because they
require an air quality analysis to demonstrate the NAAQS are protected
when type 2 and type 3 construction and modification activities are
planned at a source.
If LRAPA determines that additional information or corrections are
needed for consideration of any type of proposed construction or
modification, LRAPA will supply the applicant with a written request to
provide such information by a reasonable date. In addition, if LRAPA is
not able to approve the application, or if the applicant does not
provide the requested information in a timely fashion, LRAPA may return
the application, retain fees, and issue a proposed denial of the
application. The applicant must notify LRAPA of any corrections or
revisions to plans and specifications that would impact emissions. The
submitted rule changes are designed to improve understanding of the
rules by the regulated community and improve permit program
implementation.
Consistent with OAR 340-210-0240, LRAPA included rule language in
section 34-037 to clarify when and how an applicant may proceed with
construction or modification. For a type 1 change, an owner or operator
may proceed with construction immediately after notifying LRAPA, unless
the owner or operator requests confirmation. For a type 2 change, an
owner or operator may construct or modify 60 calendar days after LRAPA
receives the complete notice application and fees, or on the date that
LRAPA approves the application in writing, whichever is sooner, unless
LRAPA determines that the activity does not qualify as a type 2 change.
When planning a type 3 or type 4 change, an owner or operator must
obtain the appropriate air contaminant discharge permit prior to
proceeding with construction or modification. Upon approval, an owner
or operator must commence construction or modification within 18
months. Approval terminates if not commenced within 18 months, except
that a source may request one 18-month extension of the deadline.
Consistent with State rules, LRAPA also spelled out that any
construction or modification must happen according to the plans and
specifications reviewed and approved by LRAPA. We propose to approve
the changes because they clarify the construction approval requirements
and require owners and operators to construct according to approved
plans.
LRAPA revised section 34-038 to make clear that the approval to
construct does not provide approval to operate the constructed,
modified, or replaced stationary source or air pollution control device
unless otherwise allowed by the rule section or under an air
contaminant discharge permit per LRAPA title 37 or an Oregon title V
operating permit per OAR chapter 340, division 218. LRAPA also
clarified which types of permits must be obtained for type 3 and 4
changes before obtaining approval to operate. We propose to approve
these changes that are designed to improve understanding of the rules
by the regulated community and improve implementation.
H. Title 37 Air Contaminant Discharge Permits
Title 37 of the LRAPA regulations addresses the requirements for
owners and operators of subject stationary sources to obtain an air
contaminant discharge permit (ACDP). LRAPA revised the ACDP
requirements in title 37 of the LRAPA regulations, consistent with OAR
chapter 340, division 216, to ensure proper permitting and NAAQS
compliance, as described in the following paragraphs of section II.H.
of this preamble.
1. Applicability and Jurisdiction
First, LRAPA updated the applicability and jurisdiction provisions
in section 37-0020 to make clear that the owner or operator of a source
must construct and operate the permitted facility in accordance with
previously approved plans and specifications. Second, consistent with
OAR 340-216-0020(4), LRAPA added clarifying language to state that an
ACDP permit may not be required prior to obtaining an Oregon title V
operating permit if the source may be placed onsite and operated
without any other construction necessary and the source obtains an
Oregon title V operating permit prior to operation. LRAPA strengthened
the rule by revising section 37-0020 to require that if a source must
obtain an ACDP, it may not increase emissions above the PSEL by any
amount (rather than above the PSEL by more than the de minimis level)
without first obtaining a modified ACDP. We find that these changes to
be consistent with already-approved State regulatory changes that
strengthen the SIP.
2. Types of Permits
LRAPA revised section 37-0025 to update details about the types of
ACDP permits. A short-term activity ACDP may be issued for activities
included in section 37-0054 (activities that do not require a title V
permit, unexpected or emergency activities, or operation of a pilot or
an exploratory unit). LRAPA removed references to generic PSELs because
these generic permit limits were removed entirely from LRAPA rules in
this rulemaking, following the same change in State rules. LRAPA also
revised the rules to eliminate the five-year permit term for a simple
and standard ACDP permit. Such permits no longer expire. These changes
are consistent with Oregon rules in OAR chapter 340, division 216 and
we propose to approve them as SIP strengthening.
LRAPA added clarifying language to section 37-0025 stating that,
notwithstanding the other eligibility requirements already established
in the regulations for the different types of ACDPs, LRAPA may change
the specific permit type to be issued to a source based on the nature,
extent, toxicity and impact on human health and the environment of the
source's emissions, the complexity of the source and rule that apply,
the complexity of the emission controls, potential threat to human
health and the environment if the emission controls fail, and the
source's capacity, the location of the source, the compliance history
of the facility's corporate officers, parent company, subsidiaries, and
other related people and entities. We propose to approve these changes
because they are designed to enhance oversight of stationary source
construction and operation.
3. Definitions
In section 37-0030, LRAPA revised the definition of ``moderate
technical modification'' to clarify that changes to permits that
incorporate complex NSPS and National Emission Standards for Hazardous
Air Pollutants (NESHAP)
[[Page 42872]]
requirements constitute a moderate technical modification when
determining permit fees. Similarly, LRAPA revised the definition of a
``simple technical modification'' to spell out that changes to a permit
to incorporate simple NSPS and NESHAP requirements constitute a simple
technical modification when determining permit fees. This is
appropriate because the Oregon DEQ categorizes an NSPS or NESHAP as
``complex'' or ``simple'' only to determine how much to charge
applicants for a permit revision, not to limit or change an NSPS or
NESHAP's applicability and/or requirements.
4. Application Requirements
LRAPA updated the permit application provisions in section 37-0040
to require a complete application using LRAPA's electronic forms and to
spell out and clarify certain additional application materials needed
when applying for a new, renewed, or modified permit. LRAPA clarified
that, depending on the permit type and whether it's a new permit or
permit modification, an application must include, among other things:
(1) a plot plan showing the location and height of all emissions units,
devices, and activities that emit to the atmosphere, including any air
pollution control devices and the nearest residential and commercial
properties; (2) the make, model, and identification name or number of
each device, activity, and air pollution control device, if known; (3)
the exhaust parameters of each emissions unit, device, and air
pollution control device; (4) a land use compatibility statement(s)
required by the local planning agency; (5) the anticipated date of the
commencement of construction, anticipated date of construction
completion; and (6) an air quality analysis conducted in accordance
with the procedures in LRAPA title 40 demonstrating that the emissions
will not cause or contribute to a new exceedance of the NAAQS,
including the short-term NAAQS promulgated by the EPA in 2010 for
SO<INF>2</INF> and NO<INF>2</INF>, and adopted in title 50 of LRAPA's
regulations. LRAPA also added several pieces of information to be
required as part of permit renewal applications. Owners and operators
must include information about the devices and activities at the
source, amount and type of each air contaminant emissions, changes to
the source and changes to the information provided for the last permit
renewal or issuance, and air quality analysis when required by LRAPA.
For all permit applications, if additional information is needed to
complete the application, LRAPA will send a written request to the
applicant and require the information be submitted within 60 days.
Applicants may request a good cause extension. We propose to approve
the changes to the permit application procedures because they are
designed to provide LRAPA with the specific information needed to issue
a permit that protects ambient air quality, including the short-term
NAAQS, and provides transparency to permit applicants.
5. Short-Term Activity Permits
With respect to short-term activity ACDPs, LRAPA updated section
37-0054 to make clear that a short-term activity ACDP is only available
for activities that either do not require a title V operating permit,
that are unexpected or emergencies, or that involve a pilot plant or
exploratory emissions unit. LRAPA made clear that the Oregon DEQ, and
LRAPA if delegated, may request the application include an air quality
impact analysis demonstrating that the source's emissions will not
cause or contribute to a new exceedance of the NAAQS. Short-term
activity permits automatically terminate after 60 days, but LRAPA
indicated that an applicant may request one 60-day extension. If a
short-term activity permit is issued to an already-permitted source,
that source must include the emissions from the short-term activity
when determining compliance with applicable PSELs. We propose to
approve these revisions because they are intended to prevent covered
activities from causing or contributing to a new NAAQS exceedance.
6. Basic Permits
Basic ACDPs are permits designed for relatively small and low-
emitting activities such as rock crushers that crush less than 25,000
tons per year crushed, coffee roasters roasting less than 30 green tons
per year, surface coating operations that use less than 20 gallons of
coating per year, among other source categories and operations. LRAPA
added language to section 37-0056 to make clear that LRAPA may
determine that a source is ineligible for a basic ACDP based on
subsection 37-0025(7) and the considerations listed in section 37-
0025(8). LRAPA also spelled out that a basic ACDP may contain any
physical or operational limitation, restriction on hours of operation,
and/or restrictions on throughput as permit conditions to limit short-
term emissions. We propose to approve the submitted changes because
they are designed to protect the NAAQS.
7. General Permits
As specified in title 37 of the LRAPA regulations, general ACDPs
are established by the permitting authority for specific source
categories when there are multiple sources with the same, or
substantially similar, types of operations. The general permit
provisions indicate that such a permit is appropriate when all
requirements applicable to a covered operation may be included in the
general permit, the emission limitations, monitoring, recordkeeping and
reporting are the same for all operations covered by the general
permit, and the regulated pollutants emitted are of the same type for
all covered operations. Examples include rock crushers and asphalt
plants. For such general permits, LRAPA added language to section 37-
0060 to make clear that LRAPA may determine that a source is ineligible
for a general ACDP based on subsection 37-0025(7) and the
considerations in 37-025(8). LRAPA also added procedures spelling out
how a person may petition to add a new category to the list of source
categories covered by general permits. Finally, LRAPA updated the
source category list assigning fee classes, removing source categories
that no longer existing in LRAPA's jurisdiction and adding ``air
curtain incinerators'' as fee class one. We propose to approve the
revisions as strengthening the SIP.
8. Simple and Standard Permits
Simple ACDPs generally limit a source's emissions to less than the
SER for each pollutant. For simple permits, LRAPA added language to
section 37-0064 to make clear that LRAPA may determine that a source is
ineligible for a simple ACDP based on subsection 37-0025(7) and the
considerations in 37-025(8). LRAPA also updated the fee requirements
for simple permits to clarify what source sectors may be eligible for a
low fee and when late fees may be charged. Additionally, LRAPA removed
generic PSELs from this rule section, and added that each simple permit
must include conditions that ensure that emissions from the permitted
source will not cause or contribute to a new exceedance of a NAAQS by
including a requirement to conduct ambient monitoring or an appropriate
physical or operational limit. LRAPA revised the rule to extend the
simple permit term from five years to ten years, consistent with State
rules at OAR 340-216-0064.
[[Page 42873]]
For standard permits, LRAPA revised section 37-0066 in similar ways
to the simple permits rule section, except that the permit term for
standard permits will generally remain at five years, except when
issued to meet major new source review (NSR), in which case the permit
will have no expiration date. We propose to approve these changes as
consistent with the EPA's NSR regulations at 40 CFR 51.161 through
51.166. For further discussion, see section II.I. of this preamble.
9. Permit Expiration, Termination, Reinstatement, Revocation and
Department-Initiated Permit Modifications
LRAPA made clarifications to the rule governing permit expiration,
termination, reinstatement, and revocation at section 37-0082. A source
may not operate after its permit expires unless a timely and complete
application for renewal or reassignment has been submitted or another
type of permit has been applied for or issued, authorizing operation. A
source may not operate after its permit terminates, unless a source has
been issued a renewal, been reassigned, or obtained a new permit for
the same activity or operation. A source may potentially continue to
operate if LRAPA determines a permit is no longer needed. A permit may
be terminated if a source does not submit a timely and complete
application for reassignment or renewal or if a source fails to pay
appropriate fees.
LRAPA also revised section 37-0082 to include details on
termination of construction approval. Specifically, construction
approval terminates if construction is not commenced within 18 months
after LRAPA issues such approval. However, when a construction approval
permit is terminated for failure to commence or complete construction
within required timeframes, a source may request an extension for good
cause. LRAPA clarified that a terminated permit may be reinstated by
LRAPA if the source submits a complete renewal application within 30
days of termination and pays all applicable fees, consistent with
Oregon rules in division 216.
Lastly, LRAPA revised section 37-0084 to be consistent with OAR
340-216-0884, making clear that department-initiated modifications are
issued consistent with procedures spelled out in LRAPA title 37. We
propose to approve the changes because they are designed to improve
permit implementation, ensure proper fees are collected, and ensure
sources only operate under valid permits.
10. Tables of Activities and Sources and Permit Fees
Table 1, Section 37-8010
Table 1 of LRAPA section 37-8010 lists the activities and sources
that are subject to the ACDP program. LRAPA made some minor edits to
this table to make the language consistent with the statewide lists of
activities and sources in table 1 of OAR 340-216-8010. First LRAPA
clarified which fuel burning equipment and surface coating operations
may qualify for a basic ACDP. Second, LRAPA clarified which gasoline
dispensing facilities, molded plastic container manufacturing
facilities, and motor coach manufacturing facilities may qualify for a
general, simple, or standard ACDP. Third, LRAPA made clear that all
sources subject to RACT, BACT, LAER, NESHAP, NSPS, or State MACT must
obtain a general, simple or standard ACDP, unless otherwise
specifically exempted by rule. Fourth, LRAPA added that landfills with
more than 200,000 tons of waste in place and that emits more than 664
metric tons per year of methane, are required to get a standard ACDP.
We propose to approve the changes because they are designed to make the
LRAPA ACDP program at least as stringent as the Oregon ACDP program,
ensure facilities are permitted under the appropriate permit types, and
ensure proper fees are collected.
Table 2, Section 37-8020
In the submission, LRAPA requested to remove table 2 of LRAPA
section 37-8020. This table includes the specific dollar amounts
charged for various types of permit actions and is revised over time by
LRAPA for inflation and needed revenue adjustments. We propose to
approve LRAPA's request to remove the fee table from the SIP because
the requirements for sources to pay pre-construction permit fees at
section 37-0020(1) will remain in the SIP, consistent with the
requirements of Clean Air Act section 110(a)(2)(L).
I. Title 38 New Source Review
Title 38 of the LRAPA regulations governs pre-construction
permitting for stationary sources, also known as new source review or
NSR. As discussed in section II.H. of this preamble, LRAPA revised the
standard ACDP requirements to remove the expiration dates from permits
issued solely to implement the NSR requirements of LRAPA title 38 for a
title V source, consistent with changes made to State rules. When a
source is subject to both NSR and title V and the NSR permit conditions
must be incorporated into the title V operating permit, an unexpired
NSR permit eliminates the need for the source to reapply for the same
permit and for the permitting authority to reissue the permit. We
propose to approve the removal of NSR permit expiration dates because
the EPA's NSR regulations at 40 CFR 51.161 through 51.166 do not
mandate NSR permits expire after a specific duration and removal of the
expiration dates does not affect the stringency of the SIP.
J. Title 40 Air Quality Analysis Requirements
Certain sources seeking permits in Lane County are subject to the
air quality analysis requirements in title 40 of the LRAPA regulations.
In the submission, LRAPA added language to the procedural requirements
in section 40-0030, consistent with OAR 340-225-0030. Significant
increases in total particulate matter emissions \15\ do not require an
air quality impact analysis for comparison to significant impact
levels, Prevention of Significant Deterioration (PSD) increments, and
NAAQS. However, if applicable, LRAPA may require an owner or operator
to speciate particulate matter and conduct an air quality analysis for
PM<INF>10</INF> and PM<INF>2.5</INF>. We propose to approve this
clarification because it is appropriate to focus air quality analyses
on PM<INF>2.5</INF> and PM<INF>10</INF> for comparison to the
PM<INF>10</INF> and PM<INF>2.5</INF> NAAQS.
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\15\ Significant in this context means equal to or greater than
the SER.
---------------------------------------------------------------------------
LRAPA also corrected the rule language in sections 40-0050 and 40-
0070, addressing analyses to determine compliance with the NAAQS, PSD
increments, visibility and other requirements, to consistently refer to
a ``proposed source or modification.'' We propose to approve the
changes because they correct inadvertent errors from a prior State
rulemaking.
K. Title 41 Emission Reduction Credits
Title 41 of the LRAPA regulations address creating and banking
emission reduction credits when a person reduces emissions by
implementing more stringent controls than required by a permit or rule.
LRAPA updated section 41-0030 to clarify that banked emission reduction
credits are protected if the banking request comes in before LRAPA
submits a notice of a proposed rule or plan development action for
publication in the Oregon Secretary of State's bulletin. LRAPA revised
the rule to make clear that the Board or the Oregon EQC may reduce the
amount of any banked credit. Lastly, LRAPA updated the status of the
Oakridge PM<INF>2.5</INF> area
[[Page 42874]]
from nonattainment to maintenance because the area was redesignated by
the EPA on August 22, 2022 (87 FR 51262). While the EPA does not use a
formal ``maintenance'' area designation, the Oregon DEQ and LRAPA rules
include a State designation of ``maintenance'' that applies to a former
nonattainment area. Notably, the change in designation status does not
change the minimum emission reductions required to bank credits for the
Oakridge area (at least 1 ton per year).
L. Title 42 Stationary Source Plant Site Emission Limits
Plant site emission limits (PSELs) are included in LRAPA air
contaminant discharge permits and Oregon title V operating permits as a
means of regulating plantwide increases and decreases in air emissions.
Historically, PSELs were established at either source-specific levels
or standardized ``generic'' levels for each pollutant. Generic PSELs
were defined in the LRAPA air regulations as annual limits set at one
(1) ton less than the significant emission rate (SER) for each
pollutant. In practice, a source with capacity less than the SER for a
pollutant would often be assigned a generic PSEL in a permit. However,
many such sources had actual emissions lower than the generic PSEL.
This system was devised in 2001 as a permit streamlining practice that
allowed owners or operators to increase emissions up to the generic
PSEL without requiring a permit modification, if there were no physical
modifications to the source. Oregon has since determined that the use
of generic PSELs is no longer an appropriate permitting tool. In the
submission, LRAPA followed the Oregon DEQ's lead and eliminated generic
PSELs in favor of PSELs specific to an individual source or source
category. The changes are described in the following paragraphs of this
preamble.
LRAPA clarified in the general requirements for establishing PSELs
at section 42-0035 that such limits must include aggregate
insignificant activities, if applicable, because aggregate
insignificant activities must be considered when determining NSR
applicability under title 38 of the LRAPA regulations. We propose to
approve this clarification because it is intended to make sure that
sources are appropriately brought into the NSR permitting program for
review.
LRAPA repealed the generic PSEL option at 42-0040 and all
references to generic PSELs. LRAPA then revised the annual PSEL
provisions in 42-0041 to account for the repeal of the generic PSEL
option and to further clarify how LRAPA will establish all types of
annual PSELs. Specifically, for a general ACDP, the permitting
authority may establish a general PSEL for a pollutant based on the
corresponding source category's maximum potential to emit that
pollutant.\16\ For each source subject to a simple ACDP, a source-
specific PSEL is established for each regulated pollutant based on the
facility's potential to emit. In addition, for each source subject to a
standard ACDP, the permitting authority will establish a source-
specific PSEL for each regulated pollutant based on the facility's
potential to emit, netting basis, or a level requested by the
applicant, whichever is less. This approach is designed to yield
permits that more accurately reflect actual emissions and to ensure the
permitting authority has the opportunity to require and review air
quality modeling for compliance with the short-term NAAQS.
---------------------------------------------------------------------------
\16\ Revised section 42-0041(1) states ``For sources subject to
a General ACDP or a General Oregon Title V Operating Permit, a PSEL
may be set based on the potential to emit of the largest emitting
source in that source category for all sources on that permit type
in the State. PSELs will be set for all regulated pollutants emitted
at more than the de minimis emission level.'' The EPA interprets
this to mean that the PSEL may be set based on the potential to emit
of the largest emitting source in the source category for which the
permitting authority issued the General ACDP. For example, the
Oregon DEQ has issued a General ACDP for portable and stationary
rock crushers, screens, and associated material handling activities
(SIC 1442): Permit Number AQGP-008 (available at <a href="https://www.oregon.gov/deq/FilterPermitsDocs/AQGP-008.pdf">https://www.oregon.gov/deq/FilterPermitsDocs/AQGP-008.pdf</a>). Revised LRAPA
section 42-0041(1) permits the LRAPA to set the PSELs for sources
eligible under this General ACDP to the potential to emit of the
largest emitting portable and stationary rock crusher, screening,
and material handling source that holds a current General ACDP under
AQGP-008 in Oregon. The EPA further understands that a source with
the potential to emit equal to or greater than the significant
emission rate (SER) for a pollutant is subject to a standard ACDP
and therefore any PSEL revisions for sources subject to General
ACDPs will always be lower than prior Generic PSELs.
---------------------------------------------------------------------------
Finally, LRAPA clarified that an increase in the PSEL for
PM<INF>10</INF> or PM<INF>2.5</INF> is subject to air quality analysis
requirements but an increase in total particulate matter is not, as
described in section II.I. of this preamble. In reviewing the repeal of
generic PSELs and the changes to LRAPA title 42, consistent with OAR
chapter 340, division 222, we propose to approve the changes described
as well as other changes LRAPA made to the PSEL rules because they
clarify and strengthen the SIP.
M. Title 48 Rules for Fugitive Emissions
Title 48 of the LRAPA regulations details the rules for minimizing
fugitive emissions to the greatest extent practicable. LRAPA made only
minor, insignificant wording and numbering changes to sections 48-005
and 48-015. We propose to approve these clarifying changes.
N. Title 50 Ambient Air Standards and PSD Increments
Title 50 of the LRAPA regulations lists the ambient air quality
standards and increments applicable in Lane County. LRAPA made only
minor, insignificant wording and numbering changes to sections 50-001,
50-005, 50-025, 50-030, 50-035, 50-040, 50-045, 50-050, 50-055, and 50-
065. We propose to approve these clarifying changes.
O. Title 51 Air Pollution Emergencies
Title 51 of the LRAPA regulations governs air pollution advisories,
alerts, warnings, and emergencies, including pollutant levels that
trigger specific public announcements and actions to be taken to abate
pollution when necessary. LRAPA made only minor, insignificant wording
and numbering changes to sections 51-005, 51-007, 51-010, 51-011, 51-
015, 51-020, 51-025, Table I, Table II, and Table III.
III. Proposed Action
The EPA is proposing to approve revisions to the Oregon SIP
applicable in Lane County and submitted on June 26, 2024.\17\ These
changes are approved only to the extent the requirements apply to: (1)
pollutants for which NAAQS have been established (criteria pollutants)
and precursors to those criteria pollutants as determined by the EPA
for the applicable geographic area; and (2) any additional pollutants
that are required to be regulated under part C of title I of the Clean
Air Act, but only for the purposes of meeting or avoiding the
requirements of part C of title I of the Clean Air Act. The following
paragraphs detail our proposed incorporations by reference.
---------------------------------------------------------------------------
\17\ We intend to address the submitted changes to title 36 of
the LRAPA regulations in a separate, future action.
---------------------------------------------------------------------------
A. Rule Sections Approved and Incorporated by Reference
The EPA is proposing to approve and incorporate specific LRAPA rule
sections by reference. Upon final action, the regulatory portion of the
Oregon SIP, at 40 CFR 52.1970(c), will include the following
provisions, State effective May 25, 2024:
<bullet> LRAPA section 12-001 General (establishing general
provisions applicable to all LRAPA air quality regulations);
<bullet> LRAPA section 12-005 Definitions (defining terms used in
the LRAPA air quality regulations);
[[Page 42875]]
<bullet> LRAPA section 12-010 Abbreviations and Acronyms (defining
abbreviations and acronyms used in the LRAPA air quality regulations);
<bullet> LRAPA section 12-020 Exceptions (clarifying what
activities are not covered by the LRAPA air quality regulations);
<bullet> LRAPA section 12-025 Reference Materials (specifying the
title and version of each reference material used in the LRAPA air
quality regulations);
<bullet> LRAPA section 13-005 General Duties and Powers of Board
and Director (spelling out powers of the LRAPA board and LRAPA
director);
<bullet> LRAPA section 13-010 Duties and Powers of the Board of
Directors (listing the powers of the LRAPA board);
<bullet> LRAPA section 13-020 Duties and Function of the Director
(listing the duties and functions of the LRAPA director);
<bullet> LRAPA section 13-025 Conflict of Interest (board conflict
of interest requirements);
<bullet> LRAPA section 13-035 Public Records and Confidential
Information (identifying public records requirements); LRAPA section
29-0010 Definitions (definitions for purposes of designation of air
quality areas);
<bullet> LRAPA section 29-0020 Designation of Air Quality Control
Regions (listing historic air quality control regions);
<bullet> LRAPA section 29-0030 Designation of Nonattainment Areas
(identifying nonattainment areas in Lane County);
<bullet> LRAPA section 29-0040 Designation of Maintenance Areas
(listing maintenance areas in Lane County);
<bullet> LRAPA section 29-0050 Designation of Prevention of
Significant Deterioration Areas (listing PSD class I areas in Oregon
and requirements for reclassifying areas);
<bullet> LRAPA section 29-0060 Redesignation of Prevention of
Significant Deterioration Areas (procedures for redesignating PSD
areas);
<bullet> LRAPA section 29-0070 Special Control Areas (designating
special controls areas);
<bullet> LRAPA section 29-0300 Designation of Sustainment areas
(listing areas designated as sustainment in Lane County);
<bullet> LRAPA section 29-0310 Designation of Reattainment Areas
(listing areas designated as reattainment in Lane County);
<bullet> LRAPA section 29-0320 Priority Sources (identifying
residential wood devices as priority sources for offsets);
<bullet> LRAPA section 31-0020 Applicability (listing types of
permit actions requiring public notice);
<bullet> LRAPA section 31-0030 Public Notice Categories and Timing
(establishing categories for different levels of public participation);
<bullet> LRAPA section 31-0040 Public Notice Information (detailing
the information that is required in public notices);
<bullet> LRAPA section 31-0050 Public Notice Procedures (stating
how notice will be provided to the public);
<bullet> LRAPA section 31-0080 Issuance or Denial of a Permit
(procedures LRAPA will follow to issue or deny permits);
<bullet> LRAPA section 32-005 Highest and Best Practical Treatment
and Control Required (permit conditions to ensure high degree of
pollutant removal);
<bullet> LRAPA section 32-007 Operating and Maintenance
Requirements (permit conditions to include operational, maintenance and
work practices);
<bullet> LRAPA section 32-008 Typically Achievable Control
Technology (TACT) (control determination procedures);
<bullet> LRAPA section 32-009 Additional Control Requirements for
Stationary Sources of Air Contaminants (procedures for establishing
additional pollution controls);
<bullet> LRAPA section 32-010 Visible Air Contaminant Limitations
(setting visible emission standards and monitoring methods);
<bullet> LRAPA section 32-015 Particulate Emission Limitations for
Sources Other Than Fuel Burning Equipment, Refuse Burning Equipment and
Fugitive Emissions (limitations on particulate emissions and associated
test methods);
<bullet> LRAPA section 32-020 Particulate Matter Weight Standards--
Existing Combustion Sources (limitations on particulate emissions from
existing fuel-burning equipment);
<bullet> LRAPA section 32-030 Particulate Matter Weight Standards--
New (limitations on particulate emissions from new fuel-burning
equipment);
<bullet> LRAPA section 32-045 Process Weight Emission Limitations
and Determination of Process Weight (limitations on particulate
emissions based on operation type);
<bullet> LRAPA section 32-060 Air Conveying Systems (setting
particulate matter emissions from air conveying systems);
<bullet> LRAPA section 32-065 Sulfur Content of Fuels (setting
limits on fuel oil sulfur content);
<bullet> LRAPA section 32-070 Sulfur Dioxide Emission Limitations
(setting limits on sulfur dioxide emissions based on heat input);
<bullet> LRAPA section 32-090 Other Emissions (stating that
detrimental emissions are not allowed);
<bullet> LRAPA section 32-100 Alternative Emission Controls
(Bubble) (procedures for establishing alternative emission controls);
<bullet> LRAPA section 32-8010 Particulate Matter Emissions
Standards for Process Equipment (process weight limits);
<bullet> LRAPA section 33-060 Board Products Industries (Hardboard,
Particleboard, Plywood Veneer) (prohibited practices for board products
industries);
<bullet> LRAPA section 33-065 Charcoal Producing Plants (pollution
and monitoring requirements for charcoal plants);
<bullet> LRAPA section 33-070 Kraft Pulp Mills (emission limits for
units at Kraft pulp mills) except, in (1) the definitions of ``non-
condensables'', ``other sources'', and ``TRS'', (3)(a), (4)(b), (5)(b),
(6)(a) and (6)(b);
<bullet> LRAPA section 33-500 Particulate Matter Emissions
Standards for Process Equipment (process weight limits);
<bullet> LRAPA section 34-010 Applicability and Requirements
(identifying what types of sources are subject to the stationary source
notification requirements);
<bullet> LRAPA section 34-015 Request for Information (requiring
owners and operators to provide information and analysis as necessary
to issue permits and ascertain compliance);
<bullet> LRAPA section 34-016 Records; Maintaining and Reporting
(how to maintain records and report information to LRAPA);
<bullet> LRAPA section 34-020 Information Exempt from Disclosure
(spelling out what is considered a trade secret or other category of
information that may be exempt from disclosure);
<bullet> LRAPA section 34-025 Registration in General (stating that
certain sources must register with LRAPA);
<bullet> LRAPA section 34-030 Registration Requirements and Re-
Registration and Maintaining Registration (outlining the general
requirements for registering sources, including the information to
provide and forms to use);
<bullet> LRAPA section 34-035 Types of Construction/Modification
Changes (listing the types of construction and modification changes
requiring notification to LRAPA);
<bullet> LRAPA section 34-036 Notice to Construct Application
(listing the information to be provided in a notice and required forms
to use);
<bullet> LRAPA section 34-037 Construction Approval (requirements
and limitations of approvals to construct and orders prohibiting
construction);
[[Page 42876]]
<bullet> LRAPA section 34-038 Approval to Operate (requirements and
limitations of approvals to operate);
<bullet> LRAPA section 37-0020 Applicability and Jurisdiction
(sources required to obtain an air contaminant discharge permit
(ACDP));
<bullet> LRAPA section 37-0025 Types of Permits (outlining the
types of ACDPs);
<bullet> LRAPA section 37-0030 Definitions (terms defined for use
in the ACDP rules);
<bullet> LRAPA section 37-0040 Application Requirements (detailing
how to apply for an ACDP);
<bullet> LRAPA section 37-0052 Construction ACDP (describing the
requirements for construction ACDPs);
<bullet> LRAPA section 37-0054 Short Term Activity ACDPs
(describing the requirements for short term activity ACDPs);
<bullet> LRAPA section 37-0056 Basic ACDPs (describing the
requirements for basic ACDPs);
<bullet> LRAPA section 37-0060 General Air Contaminant Discharge
Permits (describing the requirements for general ACDPs);
<bullet> LRAPA section 37-0062 General ACDP Attachments (allowing
sources to be assigned to general ACDP attachments);
<bullet> LRAPA section 37-0064 Simple ACDPs (describing the
requirements for simple ACDPs);
<bullet> LRAPA section 37-0066 Standard ACDPs (describing the
requirements for standard ACDPs);
<bullet> LRAPA section 37-0068 Simple and Standard ACDP Attachments
(allowing the addition of requirements to existing simple and standard
ACDPs);
<bullet> LRAPA section 37-0070 Permitting a Source with Multiple
Activities or Processes at a Single Adjacent or Contiguous Site
(allowing standard ACDPs for sources with multiple activities or
processes);
<bullet> LRAPA section 37-0082 Expiration, Termination,
Reinstatement or Revocation of an ACDP (governing the conditions and
processes for expired, terminated, reinstated, and revoked ACDPs);
<bullet> LRAPA section 37-0084 LRAPA Initiated Modification
(allowing for modifications to ACDPs when appropriate);
<bullet> LRAPA section 37-0090 Sources Subject to ACDPs and Fees
(requiring sources to pay appropriate fees);
<bullet> LRAPA section 37-0094 Temporary Closure (adjusting annual
fees due to temporary closure);
<bullet> LRAPA section 37-8010 (listing source categories that must
obtain an ACDP);
<bullet> LRAPA section 38-0010 Applicability, General Prohibitions,
General Requirements, and Jurisdiction (specifying new source review
applicability and general requirements);
<bullet> LRAPA section 38-0025 Major Modification (denoting what
constitutes a major modification at an existing source);
<bullet> LRAPA section 38-0030 New Source Review Procedural
Requirements (required information to be submitted for new source
review);
<bullet> LRAPA section 38-0034 Exemptions (requirements for
temporary emission sources);
<bullet> LRAPA section 38-0045 Requirements for Sources in
Sustainment Areas (PSD and net air quality benefit requirements for
sustainment areas);
<bullet> LRAPA section 38-0050 Requirements for Sources in
Nonattainment Areas (LAER and net air quality benefit requirements for
nonattainment areas);
<bullet> LRAPA section 38-0055 Requirements for Sources in
Reattainment Areas (LAER, net air quality benefit and air quality
analysis requirements for reattainment areas);
<bullet> LRAPA section 38-0060 Requirements for Sources in
Maintenance Areas (PSD and net air quality benefit requirements for
maintenance areas);
<bullet> LRAPA section 38-0070 Prevention of Significant
Deterioration Requirements for Sources in Attainment or Unclassified
Areas (PSD requirements including monitoring, BACT, and air quality
analysis);
<bullet> LRAPA section 38-0245 Requirements for Sources in
Sustainment Areas (air quality analysis, net air quality benefit and
BACT requirements for sustainment areas);
<bullet> LRAPA section 38-0250 Requirements for Sources in
Nonattainment Areas (State NSR requirements for nonattainment areas);
<bullet> LRAPA section 38-0255 Requirements for Sources in
Reattainment Areas (State NSR requirements for reattainment areas);
<bullet> LRAPA section 38-0260 Requirements for Sources in
Maintenance Areas (State NSR requirements for maintenance areas);
<bullet> LRAPA section 38-0270 Requirements for Sources in
Attainment and Unclassifiable Areas (State NSR requirements for
attainment and unclassifiable areas);
<bullet> LRAPA section 38-0500 Net Air Quality Benefit for Sources
Located Within or Impacting Designated Areas (net air quality benefit
emission offset requirements);
<bullet> LRAPA section 38-0510 Common Offset Requirements
(reasonable further progress common offset requirements), except
0510(3);
<bullet> LRAPA section 38-0530 Requirements for Demonstrating Net
Air Quality Benefit for Non-Ozone Areas (major and State NSR offset
requirements for non-ozone areas);
<bullet> LRAPA section 38-0540 Sources in a Designated Area
Impacting Other Designated Areas (major and State NSR offset
requirements in areas impacting other designated areas);
<bullet> LRAPA section 40-0010 Purpose (identifying the purpose of
air quality analysis rules);
<bullet> LRAPA section 40-0020 Definitions (listing the definitions
applicable to the air quality analysis rules);
<bullet> LRAPA section 40-0030 Procedural Requirements (air quality
analysis procedures);
<bullet> LRAPA section 40-0040 Air Quality Models (requiring all
modeling to be based on appendix W);
<bullet> LRAPA section 40-0045 Requirements for Analysis in
Maintenance Areas (maintenance area impact analysis requirements);
<bullet> LRAPA section 40-0050 Requirements for Analysis in PSD
Class II and Class III Areas (PSD impact analysis requirements);
<bullet> LRAPA section 40-0060 Requirements for Demonstrating
Compliance with Standards and Increments in PSD Class I Areas (PSD
impact analysis requirements);
<bullet> LRAPA section 40-0070 Requirements for Demonstrating
Compliance with Air Quality Related Values Protection (Federal major
source AQRV compliance);
<bullet> LRAPA section 41-0030 Emission Reduction Credits (how to
establish emission reduction credits and bank them);
<bullet> LRAPA section 42-0020 Applicability (stationary source
plant site emission limit applicability);
<bullet> LRAPA section 42-0030 Definitions (definitions that apply
to plant site emission limit rules);
<bullet> LRAPA section 42-0035 General Requirements for
Establishing All PSELs (PSEL requirements for sources);
<bullet> LRAPA section 42-0041 Annual PSEL (opportunity to obtain
an annual PSEL when appropriate);
<bullet> LRAPA section 42-0042 Short Term PSEL (opportunity to
obtain a short term PSEL when appropriate);
<bullet> LRAPA section 42-0046 Netting Basis (procedures for
establishing a netting basis when appropriate);
<bullet> LRAPA section 42-0048 Baseline Period and Baseline
Emission Rate (establishing baseline for criteria pollutants and
greenhouse gases for purposes of permitting);
[[Page 42877]]
<bullet> LRAPA section 42-0051 Actual Emissions (determining actual
emissions from baseline);
<bullet> LRAPA section 42-0055 Unassigned Emissions (tracking and
managing the difference between netting basis and PTE);
<bullet> LRAPA section 42-0080 Plant Site Emission Limit Compliance
(requiring specific monitoring and compliance methods);
<bullet> LRAPA section 42-0090 Combining and Splitting Sources and
Changing Primary SIC Code (regarding the allowable ways to combine and
split sources);
<bullet> LRAPA section 48-005 Definitions (definitions for purposes
of the fugitive emissions rules);
<bullet> LRAPA section 48-015 General Applicability (listing
examples of sources subject to the fugitive emissions rules);
<bullet> LRAPA section 50-001 Definitions (definitions for purposes
of the ambient air standards and PSD increments);
<bullet> LRAPA section 50-005 Purpose and Scope of Ambient Air
Standards (identifying the scope of ambient air standards);
<bullet> LRAPA section 50-015 Suspended Particulate Matter (listing
the particulate matter ambient air standards);
<bullet> LRAPA section 50-025 Sulfur Dioxide (listing the sulfur
dioxide ambient air standards);
<bullet> LRAPA section 50-030 Carbon Monoxide (listing the carbon
monoxide ambient air standards);
<bullet> LRAPA section 50-035 Ozone (listing the ozone ambient air
standards);
<bullet> LRAPA section 50-040 Nitrogen Dioxide (listing the
nitrogen dioxide ambient air standards);
<bullet> LRAPA section 50-045 Lead (listing the lead ambient air
standards);
<bullet> LRAPA section 50-050 General (identifying the purpose of
PSD increments);
<bullet> LRAPA section 50-055 Ambient Air PSD Increments (listing
the PSD increments by area class);
<bullet> LRAPA section 50-065 Ambient Air Quality Impact Levels for
Maintenance areas (impact levels for carbon monoxide and particulate
matter maintenance areas);
<bullet> LRAPA section 51-005 Introduction (introduction to air
pollution emergency requirements);
<bullet> LRAPA section 51-007 Definitions (definitions for purposes
of air pollution emergency requirements);
<bullet> LRAPA section 51-010 Episode Stage Criteria for Air
Pollution Emergencies (criteria for air pollution emergency episode
stages);
<bullet> LRAPA section 51-011 Special Conditions (ozone advisories
and particle fallout special conditions);
<bullet> LRAPA section 51-015 Source Emission Reduction Plans
(setting forth emission reduction measures to be taken during an air
pollution alert, warning, or emergency);
<bullet> LRAPA section 51-020 Preplanned Abatement Strategies
(establishing when source emission reduction plans are required); and
<bullet> LRAPA section 51-025, Table I, Table II, Table III
(setting forth air pollution episode conditions and control actions).
B. Rule Sections Approved But Not Incorporated by Reference
We propose to approve the following rule sections to the extent the
provisions relate to the implementation of requirements in the SIP, but
we note we are not incorporating these provisions by reference into 40
CFR part 52, subpart MM. These types of rules are generally not
incorporated by reference into the CFR because they may conflict with
the EPA's independent administrative and enforcement procedures under
the Clean Air Act.
<bullet> LRAPA section 31-0070 Hearing Procedures (setting
procedures for permit hearings).
C. Rule Sections Removed From Incorporation by Reference
The EPA is proposing to remove from incorporation by reference the
following LRAPA rule sections:
<bullet> LRAPA section 37-8020 Table 2 Air Contaminant Discharge
Permit (fees for air contaminant discharge permits);
<bullet> LRAPA section 34-034 Requirements for Construction (notice
of construction and approval of plans requirements); and
<bullet> LRAPA 42-0040 Generic Annual PSEL (providing for generic
annual plant sit emission limits).
IV. Incorporation by Reference
In this document, the EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the provisions described in section III. of this preamble.
The EPA has made, and will continue to make, these documents generally
available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA Region 10
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Also in this document, the EPA is proposing to remove in a final
rule, regulatory text from incorporated by reference, as described in
section III. of this preamble.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this 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 action:
<bullet> 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the proposed rulemaking would not have tribal
[[Page 42878]]
implications and would not impose substantial direct costs on tribal
governments or preempt tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 22, 2025.
Emma Pokon,
Regional Administrator, Region 10.
[FR Doc. 2025-17055 Filed 9-4-25; 8:45 am]
BILLING CODE 6560-50-P
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