Air Plan Approval; OR; Lane County Title 36 Rule

Issuing agencies

Abstract

The Environmental Protection Agency (EPA) is proposing to approve into the Oregon State Implementation Plan revisions to the rules applicable in Lane County Oregon. The revisions establish procedures related to excess emissions, clarify terminology and enforceability, and update Local regulations to more closely align with State rules. The EPA is proposing to approve these revisions as meeting the requirements of the Clean Air Act.

Full Text

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<title>Federal Register, Volume 91 Issue 189 (Thursday, October 1, 2026)</title>
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[Federal Register Volume 91, Number 189 (Thursday, October 1, 2026)]
[Proposed Rules]
[Pages 62380-62383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20101]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2026-3763; FRL-13378-01-R10]


Air Plan Approval; OR; Lane County Title 36 Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve into the Oregon State Implementation Plan revisions to the 
rules applicable in Lane County Oregon. The revisions establish 
procedures related to excess emissions, clarify terminology and 
enforceability, and update Local regulations to more closely align with 
State rules. The EPA is proposing to approve these revisions as meeting 
the requirements of the Clean Air Act.

DATES: Comments must be received on or before November 2, 2026.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2026-3763 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="http://regulations.gov">regulations.gov</a>. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure 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: Randall Ruddick, EPA Region 10, 1200 
Sixth Avenue (Suite 155), Seattle, WA 98101, phone: (206) 553-1999; or 
email: <a href="/cdn-cgi/l/email-protection#611314050508020a4f13000f05000d0d210411004f060e17"><span class="__cf_email__" data-cfemail="3e4c4b5a5a575d55104c5f505a5f52527e5b4e5f10595148">[email&#160;protected]</span></a>.

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

Table of Contents

I. Background
II. Evaluation of Title 36
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

State Implementation Plan

    The Clean Air Act (CAA) 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 limitations, 
pollution control technology requirements, permitting programs, and 
enforcement mechanisms, among other elements. 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, 42 U.S.C. 7409.
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    States submit SIP revisions to the EPA for review and approval.\2\ 
The EPA takes action on SIP revisions through notice and comment 
rulemaking to approve or disapprove, as appropriate, and incorporates 
approved 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, 42 U.S.C. 7410.
    \3\ See Clean Air Act section 304, 42 U.S.C. 7604.
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    The Oregon Department of Environmental Quality (ODEQ) implements 
and enforces the Oregon SIP through rules set out in Chapter 340 of the 
Oregon Administrative Rules (OAR), Divisions 200 to 268. These rules 
apply in all areas of the State, except where the Oregon Environmental 
Quality Commission (EQC) has designated Lane Regional Air Protection 
Agency (LRAPA) to administer rules within its area of jurisdiction.\4\
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    \4\ Oregon Revised Statute 468A.135; LRAPA Rules & Regulations 
section 12-001(5).
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State Submissions

    On March 27, 2018,\5\ and June 26, 2024, Oregon submitted revisions 
to the Oregon SIP, including revisions to LRAPA's rules and 
regulations. The EPA approved most of the March 27, 2018, and June 26, 
2024, submissions in 2018 and 2026, respectively, but

[[Page 62381]]

deferred action on LRAPA's title 36 rules.\6\ We will focus on those 
LRAPA title 36 rules in this action.
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    \5\ The 2018 submission is available under Docket ID No. EPA-
R10-OAR-2018-0238 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
    \6\ The 2018 and 2024 SIP submissions also included provisions 
applicable in ODEQ's jurisdiction. See 83 FR 50274, October 05, 
2018, and 91 FR 3821, January 29, 2026, respectively. We deferred 
action on some of the ODEQ provisions and plan to address those in a 
separate action.
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    Title 36 contains generally applicable provisions and definitions 
related to emissions of air contaminants in excess (``excess 
emissions'') of applicable standards or permit conditions in Lane 
County. LRAPA updated title 36 to align with corresponding State 
requirements. The updated version of title 36 that was submitted June 
26, 2024, State effective May 25, 2024, entirely supersedes the version 
of Title 36 submitted on March 27, 2018. On April 29, 2026, LRAPA 
submitted a letter to the EPA withdrawing the last sentence of title 
36-001 and the entirety of -001(2)(d) to further align their rules with 
recent changes to corresponding state rules.\7\ Therefore, we are not 
proposing action on the withdrawn portions. The current Oregon SIP does 
not include LRAPA's title 36 rules. Thus, EPA evaluated whether 
addition of title 36 into the Oregon SIP is consistent with CAA section 
110. For the reasons discussed in section II of this document, EPA is 
proposing to approve the addition of title 36 as submitted on June 26, 
2024, into the Oregon SIP.
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    \7\ LRAPA's letter indicates they are conducting rulemaking to 
remove the withdrawn language from their rules. The letter may be 
found in the docket for this action.
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II. Evaluation of Title 36

Excess Emissions

    Title 36 establishes procedures related to excess emissions, 
including recordkeeping and reporting obligations applicable to owners 
and operators of certain sources. Collectively, the requirements of 
title 36 aid LRAPA's ability to limit excess emissions and make 
informed enforcement decisions.
    The following sections of this document summarize substantive 
requirements of LRAPA's title 36 provisions we are proposing to approve 
into the Oregon SIP and evaluate those changes with respect to Clean 
Air Act requirements for SIP provisions.

Undesignated Introduction to Title 36

    Title 36 starts with an undesignated introductory sentence stating: 
``Following the reporting and recordkeeping prescribed herein or 
[receiving] approval of procedures for startup, shutdown or maintenance 
will not absolve sources from enforcement action for conditions 
resulting in excess emissions.'' We are proposing to approve this 
sentence because it makes clear that title 36 does not foreclose 
enforcement action for excess emissions.

Section 36-001 General Policy and Discussion

    Section 36-001 includes a general policy statement establishing the 
purposes of title 36. The first part of section 36-001 echoes the 
undesignated introductory sentence to title 36, stating the excess 
emissions of applicable standards are unauthorized and subject to 
enforcement action. In addition, according to section 36-001, the 
purposes of title 36 are to: (1) require any source which emits air 
contaminants in excess (excess emissions) of any applicable air quality 
rule or permit condition to report the event; (2) require the source to 
submit information regarding conditions leading to excess emissions; 
and (3) identify criteria LRAPA will consider when determining whether 
to take enforcement action for the excess emissions. Section 36-001 
does not impose nor relax any emissions limits. Section 36-001 also 
makes clear that sources not emitting excess emissions are not subject 
to the recordkeeping and reporting requirements in title 36.\8\
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    \8\ Section 36-001(2)(d) states an additional purpose related to 
title V sources, but LRAPA is not requesting approval of this 
provision into Oregon's SIP. See April 29, 2026, Letter from LRAPA 
included in the Docket.
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    We are proposing to approve the addition of section 36-001 because 
it serves to clarify the purpose of the broader section for ease of 
compliance and understanding and is consistent with CAA section 110 
requirements.

Section 36-005 Definitions

    LRAPA's section 36-005 defines ``Large Source'' and ``Small 
Source'' for the purposes of title 36 and references title 12 for 
additional definitions. We last approved title 12 definitions into the 
Oregon SIP on January 29, 2026 (91 FR 3821).
    We are proposing to approve the addition of section 36-005 because 
it serves to bring this portion of LRAPA's rules up to date, is 
consistent with definitions already approved into the Oregon SIP, and 
is consistent CAA section 110 requirements.

Section 36-010 Planned Startup and Shutdown

    LRAPA's section 36-010 requires that certain sources must obtain 
prior LRAPA authorization of startup and shutdown procedures. Section 
36-010 applies to sources where startup and shutdown of a production 
process or system may result in excess emissions and the source is (1) 
a major source, (2) is located in a non-attainment or maintenance area 
for the regulated pollutant in LRAPA's jurisdiction, or (3) LRAPA 
otherwise requires the source to apply for approval of startup and 
shutdown procedures. Section 36-010 establishes a process for LRAPA to 
determine if planned startup and shutdown procedures are consistent 
with good pollution control practices, minimize emissions during such 
periods to the extent practicable, and that no adverse health impact on 
the public will occur. Notably, subsection 36-010(3) clarifies that, 
even if LRAPA grants approval of planned startup or shutdown 
procedures, sources are still subject to enforcement action for excess 
emissions that may occur.
    Section 36-010 also prohibits planned startups or shutdowns that 
may result in excess emissions during any period in which an Air 
Pollution Alert, Air Pollution Warning, or Air Pollution Emergency has 
been declared, or during an announced yellow or red woodstove advisory 
period within areas designated by LRAPA as PM<INF>2.5</INF> or 
PM<INF>10</INF> nonattainment areas. Alerts, Warnings, Emergencies, and 
woodstove advisories are regulated by LRAPA under title 51 and title 
16, respectively.\9\ Limiting emissions during such periods decreases 
the risk of violating the NAAQS.
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    \9\ We last approved title 51 on January 29, 2026 (91 FR 3821), 
and title 16 on August 24, 1994 (59 FR 43483).
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    We are proposing to approve the addition of section 36-010 because 
it is consistent with CAA section 110. Section 36-010 does not relax 
any applicable emission limit in Oregon's SIP. Rather, section 36-010 
enables LRAPA to minimize excess emissions from startup and shutdown 
through approval of source-specific procedures.

Section 36-015 Scheduled Maintenance

    LRAPA's section 36-015 establishes essentially the same process, 
purpose, and limitations for scheduled maintenance as section 36-010 
does for planned startup and shutdown events. We are proposing to 
approve the addition of section 36-010 because it serves to bring this 
portion of LRAPA's rules up to date and is consistent with CAA section 
110 requirements. As with section 36-010, section 36-015 enables LRAPA 
to minimize excess emissions from scheduled maintenance through 
approval of a source-specific maintenance plan.

[[Page 62382]]

Section 36-020 All Other Excess Emissions

    LRAPA's section 36-020 establishes procedures and requirements 
associated with excess emissions that are not addressed in sections 36-
010 or 36-015. The procedures are similar to those found in sections 
36-010 or 36-015, such as requiring sources to reduce emissions to the 
greatest extent practicable or cease operation of the equipment or 
facility until such time as the condition causing the excess emissions 
has been corrected or brought under control. In addition, it requires a 
source to cease operations within eight hours of the beginning of 
excess emissions event unless doing so would cause damage to equipment, 
injury to employees or result in greater emissions than continuing to 
operate. It also establishes a process for sources to request LRAPA 
approval to continue operating. Sources that request to continue 
operations must submit a plan and timeline for returning to compliance 
with the applicable emission limitations.
    If LRAPA disapproves a request to continue operations, the source 
must cease operations within one hour of receiving the disapproval. If 
approved, LRAPA still retains authority to require the cessation of 
operations.
    We are proposing to approve the addition of section 36-020 because 
it is consistent with CAA section 110 requirements. LRAPA's 
implementation of section 36-020 will help minimize excess emissions to 
the greatest extent possible without risking equipment damage or harm 
to onsite staff. Again, we reiterate that title 36 stipulates that 
following the requirements therein, receiving approval from LRAPA of 
procedures for startup, shutdown or maintenance, or receiving approval 
from LRAPA to continue operations does not absolve sources from 
enforcement action for excess emissions.\10\
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    \10\ Excess emissions are violations in general and specifically 
defined as such in LRAPA regulations under section 12-005(75) which 
we approved into the Oregon SIP on January 29, 2026 (91 FR 3821).
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Section 36-025 Reporting and Recordkeeping Requirements

    LRAPA's section 36-025 establishes requirements to submit excess 
emissions reports to LRAPA for each calendar day of the excess 
emissions event. Such reports are to be submitted within 15 days of the 
event or sooner if specified by LRAPA. The reports are to include 
details regarding date, time, equipment involved, activity associated 
with the event, mitigating or corrective actions taken, the magnitude 
of the excess emissions, and final resolution of the cause of the 
excess emissions. All owners or operators subject to section 36-025 are 
also required to keep an excess emissions log including all pertinent 
information and be kept for at least five calendar years. Log entries 
for the reporting period must also be included in annual reporting 
required by permit or sooner if LRAPA requires. Sources must also 
include procedures to minimize emissions as required and specify in 
writing if the procedures are new, modified, or already approved by 
LRAPA.
    We are proposing to approve the addition of section 36-025 because 
it aids in practical enforceability of applicable emissions limits and 
is consistent with CAA section 110 requirements.

Section 36-030 Enforcement Action Criteria

    LRAPA's section 36-030 specifies certain criteria LRAPA will take 
into account when exercising its enforcement discretion regarding 
excess emissions. The list of criteria includes remedial action taken 
by the source; compliance with requirements in title 36; whether the 
event violated Federal New Source Performance Standards or National 
Emission Standards for Hazardous Air Pollutants; and if the event was 
due to negligent operation, intentional, or the result of an emergency.
    We are proposing to approve the addition of section 36-025 because 
it is consistent with CAA section 110 requirements. The section does 
not relax any applicable emission limits. The section merely clarifies 
the criteria LRAPA uses to determine when an enforcement action by 
LRAPA is appropriate.
    LRAPA's title 36 provisions operate to provide a process that 
governs only the source, LRAPA personnel, and the exercise of LRAPA's 
enforcement discretion. Title 36 does not affect whether the excess 
emissions constitute violations nor preclude enforcement by LRAPA, the 
EPA, or others for violations.\11\ Nothing in title 36 precludes LRAPA 
from taking an enforcement action or considering additional factors not 
listed in section 36-030. As EPA stated in declining to issue a SIP 
call to Oregon for nearly identical language in its SIP, ``There is no 
language in title 36 suggesting that [LRAPA's] determination to forgo 
enforcement against a source would in any way preclude the EPA or the 
public from demonstrating that violations occurred and taking 
enforcement action.'' \12\ The inclusion of the criteria in section 36-
030 in the SIP has no effect on EPA or citizen enforcement and the 
criteria are irrelevant to any decision by the Agency to pursue an 
enforcement action. Furthermore, as stated previously, title 36 
stipulates that following the requirements therein, including receiving 
approval from LRAPA of procedures for startup, shutdown or maintenance, 
or receiving approval from LRAPA to continue operations does not 
absolve sources from enforcement action for excess emissions. 
Therefore, it does not inappropriately preclude the EPA or citizen 
enforcement authority afforded under CAA sections 113 and 304.
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    \11\ Excess emissions are violations in general and specifically 
defined as such in LRAPA regulations under section 12-005(75) which 
we approved into the Oregon SIP on January 29, 2026 (91 FR 3821).
    \12\ State Implementation Plans: Response to Petition for 
Rulemaking; Findings of Substantial Inadequacy; and SIP Calls To 
Amend Provisions Applying to Excess Emissions During Periods of 
Startup, Shutdown, and Malfunction, 78 FR 12,460, 12537 (February 
22, 2013).
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III. Proposed Action

    The EPA proposes to find that the LRAPA title 36 rules are 
consistent with CAA section 110.
    We propose to approve revisions to the Oregon SIP applicable in 
LRAPA's jurisdiction submitted on June 26, 2024, as described in 
section II. of this document. Specifically, we are revising the Oregon 
SIP at 40 CFR 52.1970(c), table 4 by adding the following entries, 
State effective May 25, 2024:
    <bullet> LRAPA Title 36 Excess Emissions, undesignated introductory 
sentence (clarifies enforceability);
    <bullet> LRAPA section 36-001 General Policy and Discussion 
(establishes purpose and applicability);
    <bullet> LRAPA section 36-005 Definitions (defines large and small 
sources for purposes of title 36);
    <bullet> LRAPA section 36-010 Planned Startup and Shutdown 
(establishes certain procedures during planned startups and shutdowns);
    <bullet> LRAPA section 36-015 Scheduled Maintenance (establishes 
certain procedures during scheduled maintenance);
    <bullet> LRAPA section 36-020 All Other Excess Emissions 
(establishes certain procedures for excess emissions not covered under 
sections 36-010 or 36-015);
    <bullet> LRAPA section 36-025 Reporting and Recordkeeping 
Requirements (establishes certain excess emissions reporting 
requirements); and
    <bullet> LRAPA section 36-030 Enforcement Action Criteria 
(establishes

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certain criteria for LRAPA enforcement actions).

IV. Incorporation by Reference

    In this document, we are proposing to include in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the provisions described in section III. of this document. 
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).

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 an Executive Order 14192 regulatory action because 
this action is not significant 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 rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: September 18, 2026.
Emma Pokon,
Regional Administrator, Region 10.
[FR Doc. 2026-20101 Filed 9-30-26; 8:45 am]
BILLING CODE 6560-50-P


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