# Significant deterioration of air quality.
**AGENCY:**
Environmental Protection Agency (EPA).
**ACTION:**
Final rule.
**SUMMARY:**
The Environmental Protection Agency (EPA) is approving, and incorporating by reference, specific changes to the Oregon State Implementation Plan (SIP) as it applies in Lane County, Oregon. The local air agency in Lane County, Lane Regional Air Protection Agency, revised its rules to align with recent changes to Oregon State regulations. The revisions, submitted on August 29, 2014 and March 27, 2018, are related to the criteria pollutants for which the EPA has established national ambient air quality standards—carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. The regulatory changes address Federal particulate matter requirements, update the major and minor source pre-construction permitting programs, add State-level air quality designations, update public processes, and tighten emission standards for dust and smoke.
**DATES:**
This final rule is effective November 5, 2018.
**ADDRESSES:**
The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2018-0238. All documents in the docket are listed on the *https://www.regulations.gov* website. Although listed in the index, some information is not publicly available, *e.g.,* Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and is publicly available only in hard copy form. Publicly available docket materials are available at *https://www.regulations.gov,* or please contact the person identified in the *FOR FURTHER INFORMATION CONTACT* section for additional availability information.
**FOR FURTHER INFORMATION CONTACT:**
Kristin Hall, at (206) 553-6357, or *[email protected]* .
**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. Comments
III. Final Action
A. Rules Approved and Incorporated by Reference
B. Rules Approved but Not Incorporated by Reference
C. Rules Removed
D. Rules Deferred
IV. Incorporation by Reference
V. Oregon Notice Provision
VI. Statutory and Executive Order Reviews
**I. Background**
On August 29, 2014 and March 27, 2018, Lane Regional Air Protection Agency (LRAPA) and Oregon Department of Environmental Quality (ODEQ) submitted revisions to the SIP as it applies in Lane County, Oregon. On July 31, 2018, the EPA proposed to approve the submitted rule changes (83 FR 36824). Please see our proposed rulemaking for further explanation and the basis of our finding.
**II. Comments**
During the public comment period on our proposed action, we received two electronic comments covering broad topics including wildfires, forest management practices, climate change, and the National Environmental Policy Act. We have determined the comments lack the required specificity to the Oregon SIP revisions and/or the requirements of CAA section 110 and parts C and D. Moreover, the comments do not address a specific regulation or provision in question, or recommend a different action on the SIP submissions. Therefore, we find that the submitted comments are outside the scope of this action and not adverse. The full text of the submitted comments can be found in the docket for this action. We are finalizing our action as proposed.
**III. Final Action**
The EPA is approving, and incorporating by reference into the Oregon SIP, rule revisions submitted on August 29, 2014 (State effective March 31, 2014) and March 27, 2018 (State effective March 23, 2018) for Lane County. We are also approving, but not incorporating by reference, regulations that provide LRAPA with authority needed for SIP approval.
As discussed in the proposal and described below, we are reviewing and approving the most recent version of the submitted rules applicable in Lane County, specifically, the most recently adopted and submitted version of each rule section. Further action on the earlier adopted version of a particular submitted rule section is not required because it is no longer in effect and has been superseded by the most recent version of that rule section submitted by the State.
As requested by LRAPA and the State, we are also removing certain rules from the SIP, because they are obsolete, redundant, or replaced by equivalent or more stringent local rules. We are deferring action on a section of rules because we intend to address them in a separate, future action.
We note that the submissions include changes to OAR 340-200-0040, a rule that describes the Oregon procedures for adopting its SIP and references all of the State air regulations that have been adopted by LRAPA and ODEQ for approval into the SIP (as a matter of State law), whether or not they have yet been submitted to or approved by the EPA. We are not approving the changes to OAR 340-200-0040 because the federally-approved SIP consists only of regulations and other requirements that have been submitted by LRAPA and ODEQ and approved by the EPA.
**A. Rules Approved and Incorporated by Reference**
We are approving into the Oregon SIP, and incorporating by reference at 40 CFR part 52, subpart MM, revisions to the following LRAPA rule sections. Each rule section listed is State effective March 23, 2018, unless marked with an asterisk, denoting it is effective March 31, 2014:
• Title 12—Definitions (001, 005, 010, 020, 025);
• Title 29—Designation of Air Quality Areas (0010, 0020, 0030, 0040, 0050, 0060, 0070*, 0080*, 0090*, 0300, 0310, 0320);
• Title 30—Incinerator Regulations (010, 015*, 020*—except (2) and (8), 025*—except (9), 030*—except (1)(I) and (2)(E), 035*, 040*, 045*—except (3), 050*, 055*, 060*);
• Title 31—Public Participation (0010, 0020, 0030, 0040, 0050, 0060, 0080);
• Title 32—Emission Standards (001, 005, 006, 007, 008, 009, 010, 015, 020, 030, 045, 050, 060, 065, 070, 090*, 100, 8010);
• Title 33—Prohibited Practices and Control of Special Classes of Industry (005, 060, 065, 070—except, in (1), the definitions of “non-condensables”, “other sources”, and “TRS”, (3)(a), (4)(b), (5)(b), (6)(a), (6)(b), 500);
• Title 34—Stationary Source Notification Requirements (005, 010, 015, 016, 017, 020, 025, 030, 034, 035, 036, 037, 038);
• Title 35—Stationary Source Testing and Monitoring (0010, 0110, 0120, 0130, 0140, 0150*);
• Title 37—Air Contaminant Discharge Permits (0010, 0020, 0025, 0030, 0040, 0052, 0054, 0056, 0060, 0062, 0064, 0066, 0068, 0070, 0082, 0084, 0090, 0094, 8010, 8020);
• Title 38—New Source Review (0010, 0020, 0025, 0030, 0034, 0038, 0040, 0045, 0050, 0055, 0060, 0070, 0245, 0250, 0255, 0260, 0270, 0500, 0510—except (3), 0530, 0540);
• Title 40—Air Quality Analysis Requirements (0010, 0020, 0030, 0040, 0045, 0050, 0060, 0070);
• Title 41—Emission Reduction Credits (0010*, 0020, 0030);
• Title 42—Stationary Source Plant Site Emission Limits (0010, 0020, 0030, 0035, 0040, 0041, 0042, 0046, 0048, 0051, 0055, 0080, 0090);
• Title 48—Rules for Fugitive Emissions (001, 005, 010, 015);
• Title 50—Ambient Air Standards and PSD Increments (001, 005, 015, 025, 030, 035, 040, 045, 050, 055, 060*, 065); and
• Title 51—Air Pollution Emergencies (005, 007, 010, 011, 015, 020, 025, Table I, Table II, Table III).
**B. Rules Approved but Not Incorporated by Reference**
We are approving, but not incorporating by reference, the following LRAPA rule sections. Each rule section is State effective March 23, 2018, unless marked with an asterisk, denoting the rule is effective March 31, 2014:
• Title 13—General Duties and Powers of Board and Director (005*, 010*, 020*, 025*, 030*, 035*);
• Title 14—Rules of Practice and Procedures (110, 115, 120, 125, 130, 135, 140, 145, 147, 150, 155, 160, 165, 170, 175, 185, 190, 200, 205); and
• Title 31—Public Participation (0070).
**C. Rules Removed**
We are removing the following rules from the current federally-approved Oregon SIP at 40 CFR part 52, subpart MM, because they have been repealed, replaced by rules noted in paragraph A. above, or the State has asked that they be removed:
• Title 12—Definitions (001(2)), State effective March 8, 1994;
• Title 30—Incinerator Regulations (005), State effective March 8, 1994;
• Title 33—Prohibited Practices and Control of Special Classes of Industry (030, 045), State effective November 10, 1994; and
• Title 34—Stationary Source Notification Requirements (040), State effective June 13, 2000.
We also are removing the following rules in the table entitled, “Rules Also Approved for Lane County”, State effective April 16, 2015, because LRAPA has submitted equivalent or more stringent local rules to apply in place of those requirements:
**Table 5—EPA-Approved Oregon Administrative Rules (OAR) Also Approved for Lane County**
• Division 200—General Air Pollution Procedures and Definitions (0020);
• Division 202—Ambient Air Quality Standards and PSD Increments (0050);
• Division 204—Designation of Air Quality Areas (0300, 0310, 0320);
• Division 208—Visible Emissions and Nuisance Requirements (0110, 0210);
• Division 214—Stationary Source Reporting Requirements (0114)(5);
• Division 216—Air Contaminant Discharge Permits (0040, 8010);
• Division 222—Stationary Source Plant Site Emission Limits (0090);
• Division 224 -New Source Review (0030, 0530);
• Division 225—Air Quality Analysis Requirements (0010, 0020, 0030, 0040, 0045, 0050, 0060, 0070);
• Division 226—General Emissions Standards (0210); and
• Division 228—Requirements for Fuel Burning Equipment and Fuel Sulfur Content (0210).
**D. Rules Deferred**
As stated in the proposal, we are deferring action on the following rules, State effective March 23, 2018, and intend to address them in a separate, future action:
• Title 36—Excess Emissions (001, 005, 010, 015, 020, 025, 030).
We note that each of the Title 36 rule sections revised and submitted on August 29, 2014 (State effective March 31, 2014) were also revised and resubmitted on March 27, 2018 (State effective March 23, 2018). As a result, the 2018 submitted version of Title 36 entirely supersedes the 2014 submitted version.
**IV. Incorporation by Reference**
In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, we are finalizing the incorporation by reference as described in Section III above and the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through *https://www.regulations.gov* 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). Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the EPA into that plan, are fully federally-enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference in the next update to the SIP compilation. [^1]
[^1]*See* 62 FR 27968 (May 22, 1997).
**V. Oregon Notice Provision**
Oregon Revised Statute 468.126, prohibits ODEQ from imposing a penalty for violation of an air, water or solid waste permit unless the source has been provided five days' advanced written notice of the violation and has not come into compliance or submitted a compliance schedule within that five-day period. By its terms, the statute does not apply to Oregon's title V program or to any program if application of the notice provision would disqualify the program from Federal delegation. Oregon has previously confirmed that, because application of the notice provision would preclude EPA approval of the Oregon SIP, no advance notice is required for violation of SIP requirements.
**VI. Statutory and Executive Order Reviews**
Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the CAA. 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:
• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
• does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* );
• is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* );
• does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
• is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
• is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this action does not involve technical standards; and
• does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 *et seq.,* as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the *Federal Register* . A major rule cannot take effect until 60 days after it is published in the *Federal Register* . This action is not a “major rule” as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 4, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. ( *See* section 307(b)(2)).
**List of Subjects in 40 CFR Part 52**
Environmental protection, Air pollution control, Intergovernmental relations, Incorporation by reference, 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, 2018.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows:
**PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS**
**40 CFR Part 52**
1. The authority citation for part 52 continues to read as follows:
**Authority:**
42 U.S.C. 7401 *et seq.*
**Subpart MM—Oregon**
**40 CFR Part 52**
2. Section 52.1970 is amended by:
a. In paragraph (c), revising Table 4 and removing Table 5; and
b. In paragraph (e), revising the table entitled “Lane County Regional Air Pollution Authority Regulations, Approved But Not Incorporated By Reference”.
The revisions read as follows:
§ 52.1970
(c) * * *
| LRAPA citation | Title/subject | State | EPA approval date | Explanations |
| --- | --- | --- | --- | --- |
| | | | | |
| 11-005 | Policy | 10/9/1979 | 9/9/1993, 58 FR 47385 | |
| 11-010 | Construction and Validity | 10/9/1979 | 9/9/1993, 58 FR 47385 | |
| | | | | |
| 12-001 | General | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 12-005 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 12-010 | Abbreviations and Acronyms | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 12-020 | Exceptions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 12-025 | Reference Materials | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 16-001 | Purpose | 7/13/1993 | 8/24/1994, 59 FR 43483 | |
| 16-010 | Definitions | 7/13/1993 | 8/24/1994, 59 FR 43483 | |
| 16-100 | Civil Penalty Schedule | 7/13/1993 | 8/24/1994, 59 FR 43483 | |
| 16-110 | Classification of Violations | 7/13/1993 | 8/24/1994, 59 FR 43483 | |
| 16-120 | Notice of Violation | 7/13/1993 | 8/24/1994, 59 FR 43483 | |
| 16-130 | Appeal of Civil Penalty | 7/13/1993 | 8/24/1994, 59 FR 43483 | |
| 16-140 | Conducting Contested Case Evidentiary Hearings | 7/13/1993 | 8/24/1994, 59 FR 43483 | |
| 16-150 | Evidentiary Rules | 7/13/1993 | 8/24/1994, 59 FR 43483 | |
| 16-160 | Final Orders | 7/13/1993 | 8/24/1994, 59 FR 43483 | |
| 16-170 | Default Orders | 7/13/1993 | 8/24/1994, 59 FR 43483 | |
| | | | | |
| 29-0010 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 29-0020 | Designation of Air Quality Control Regions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 29-0030 | Designation of Nonattainment Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 29-0040 | Designation of Maintenance Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 29-0050 | Designation of Prevention of Significant Deterioration Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 29-0060 | Redesignation of Prevention of Significant Deterioration Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 29-0070 | Special Control Areas | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 29-0080 | Motor Vehicle Inspection Boundary Designations | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 29-0090 | Oxygenated Gasoline Control Areas | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 29-0300 | Designation of Sustainment Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 29-0310 | Designation of Reattainment Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 29-0320 | Priority Sources | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 30-010 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 30-015 | Best Available Control Technology for Solid and Infectious Waste Incinerators | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 30-020 | Emission Limitations for Solid and Infectious Waste Incinerators | 3/31/2014 | 10/5/2018, [Insert
citation] | Except (2) and (8). |
| 30-025 | Design and Operation for Solid and Infectious Waste Incinerators | 3/31/2014 | 10/5/2018, [Insert
citation] | Except (9). |
| 30-030 | Continuous Emission Monitoring for Solid and Infectious Waste Incinerators | 3/31/2014 | 10/5/2018, [Insert
citation] | Except (1)(I) and (2)(E). |
| 30-035 | Reporting and Testing for Solid and Infectious Waste Incinerators | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 30-040 | Compliance for Solid and Infectious Waste Incinerators | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 30-045 | Emission Limitations of Crematory Incinerators | 3/31/2014 | 10/5/2018, [Insert
citation] | Except (3). |
| 30-050 | Design and Operation of Crematory Incinerators | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 30-055 | Monitoring and Reporting for Crematory Incinerators | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 30-060 | Compliance of Crematory Incinerators | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 31-0010 | Purpose | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 31-0020 | Applicability | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 31-0030 | Public Notice Categories and Timing | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 31-0040 | Public Notice Information | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 31-0050 | Public Notice Procedures | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 31-0060 | Persons Required to be Notified | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 31-0080 | Issuance or Denial of Permit | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 32-001 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-005 | Highest and Best Practicable Treatment and Control Required | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-006 | Pollution Prevention | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-007 | Operating and Maintenance Requirements | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-008 | Typically-Achievable Control Technology Requirements | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-009 | Additional Control Requirements for Stationary Sources of Air Contaminants | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-010 | Visible Air Contaminant Limitations | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-015 | Particulate Matter Emission Limitations for Sources Other than Fuel Burning Equipment, Refuse Burning Equipment, and Fugitive Emissions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-020 | Particulate Matter Weight Standards—Existing Combustion Sources | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-030 | Particulate Matter Weight Standards—New Combustion Sources | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-045 | Process Weight Emission Limitations and Determination of Process Weight | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-050 | Concealment and Masking of Emissions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-060 | Air Conveying Systems | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 32-065 | Sulfur Content of Fuels | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-070 | Sulfur Dioxide Emission Limitations | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-090 | Other Emissions | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 32-100 | Alternative Emission Controls (Bubble) | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 32-8010 | Particulate Matter Emissions Standards for Process Equipment | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 33-005 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 33-060 | Board Products Industries (Hardboard, Particleboard, Plywood, Veneer) | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 33-065 | Charcoal Producing Plants | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 33-070 | Kraft Pulp Mills | 3/23/2018 | 10/5/2018, [Insert
citation] | Except in (1) the definitions of “non-condensables”, “other sources”, and “TRS”, (3)(a), (4)(b) (5)(b), (6)(a), and (6)(b). |
| 33-500 | Particulate Matter Emissions Standards for Process Equipment | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 34-005 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 34-010 | Applicability | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 34-015 | Request for Information | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 34-016 | Records: Maintaining and Reporting | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 34-017 | Enforcement; Credible Evidence | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 34-020 | Information Exempt from Disclosure | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 34-025 | Registration is General | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 34-030 | Source Registration Requirements and Re-Registration and Maintaining Registration | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 34-034 | Requirements for Construction | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 34-035 | Types of Construction/Modification Changes | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 34-036 | Notice to Construct | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 34-037 | Construction Approval | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 34-038 | Approval to Operate | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 35-0010 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 35-0110 | Applicability | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 35-0120 | Program | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 35-0130 | Stack Heights and Dispersion Techniques | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 35-0140 | Methods | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 35-0150 | LRAPA Testing | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 37-0010 | Purpose | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0020 | Applicability and Jurisdiction | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0025 | Types of Permits | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0030 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0040 | Application Requirements | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0052 | Construction ACDP | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0054 | Short Term Activity ACDPs | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0056 | Basic ACDPs | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0060 | General Air Contaminant Discharge Permits | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0062 | General ACDP Attachments | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0064 | Simple ACDPs | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0066 | Standard ACDPs | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0068 | Simple and Standard ACDP Attachments | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0070 | Permitting a Source with Multiple Activities or Processes at a Single Adjacent or Contiguous Site | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0082 | Termination or Revocation of an ACDP | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0084 | LRAPA-Initiated Modification | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0090 | Sources Subject to ACDPs and Fees | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-0094 | Temporary Closure | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-8010 | Table 1—Activities and Sources | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 37-8020 | Table 2—Air Contaminant Discharge Permits | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 38-0010 | Applicability and General Prohibitions, General Requirements and Jurisdiction | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0020 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0025 | Major Modification | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0030 | New Source Review Procedural Requirements | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0034 | Exemptions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0038 | Fugitive and Secondary Emissions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0040 | Review of Sources Subject to Major NSR or Type A State NSR for Compliance With Regulations | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 38-0045 | Requirements for Sources in Sustainment Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0050 | Requirements for Sources in Nonattainment Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0055 | Requirements for Sources in Reattainment Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0060 | Records; Maintaining and Reporting | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0070 | Prevention of Significant Deterioration Requirements for Sources in Attainment or Unclassified Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 38-0245 | Requirements for Sources in Sustainment Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0250 | Requirements for Sources in Nonattainment Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0255 | Requirements for Sources in Reattainment Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0260 | Requirements for Sources in Maintenance Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0270 | Requirement for Sources in Attainment and Unclassified Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 38-0500 | Net Air Quality Benefit for Sources Locating Within or Impacting Designated Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0510 | Common Offset Requirements | 3/23/2018 | 10/5/2018, [Insert
citation] | Except (3). |
| 38-0530 | Requirements for Demonstrating Net Air Quality Benefit for Non-Ozone Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 38-0540 | Sources in a Designated Area Impacting Other Designated Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 39-001 | Purpose | 11/13/1991 | 8/24/1994, 59 FR 43483 | |
| 39-005 | Relation to Other Rules | 11/13/1991 | 8/24/1994, 59 FR 43483 | |
| 39-010 | Applicability | 11/13/1991 | 8/24/1994, 59 FR 43483 | |
| 39-015 | Definitions | 11/13/1991 | 8/24/1994, 59 FR 43483 | |
| 39-020 | Compliance Schedule for Existing Sources | 11/13/1991 | 8/24/1994, 59 FR 43483 | |
| 39-025 | Wood-Waste Boilers | 11/13/1991 | 8/24/1994, 59 FR 43483 | |
| 39-030 | Veneer Dryers | 11/13/1991 | 8/24/1994, 59 FR 43483 | |
| 39-035 | Particle Board Plants and Wood Particle Dryers | 11/13/1991 | 8/24/1994, 59 FR 43483 | |
| 39-040 | Kraft Pulp Mills | 11/13/1991 | 8/24/1994, 59 FR 43483 | |
| 39-050 | Air Conveying Systems | 11/13/1991 | 8/24/1994, 59 FR 43483 | |
| 39-055 | Fugitive Dust | 11/13/1991 | 8/24/1994, 59 FR 43483 | |
| 39-060 | Open Burning | 11/13/1991 | 8/24/1994, 59 FR 43483 | |
| | | | | |
| 40-0010 | Purpose | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 40-0020 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 40-0030 | Procedural Requirements | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 40-0040 | Air Quality Models | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 40-0045 | Requirements for Analysis in Maintenance Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 40-0050 | Requirements for Analysis in PSD Class II and Class III Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 40-0060 | Requirements for Demonstrating Compliance with Standards and Increments in PSD Class I Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 40-0070 | Requirements for Demonstrating Compliance with Air Quality Related Values Protection | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 41-0010 | Applicability | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 41-0020 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 41-0030 | Emission Reduction Credits | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 42-0010 | Policy | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 42-0020 | Applicability | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 42-0030 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 42-0035 | General Requirements for Establishing All PSELs | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 42-0040 | Generic Annual PSEL | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 42-0041 | Source Specific Annual PSEL | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 42-0042 | Short Term PSEL | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 42-0046 | Netting Basis | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 42-0048 | Baseline Period and Baseline Emission Rate | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 42-0051 | Actual Emissions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 42-0055 | Unassigned Emissions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 42-0080 | Plant Site Emission Limit Compliance | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 42-0090 | Combining and Splitting Sources and Changing Primary SIC Code | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 47-001 | General Policy | 3/14/2008 | 10/23/2015, 80 FR 64346 | |
| 47-005 | Exemptions from These Rules | 3/14/2008 | 10/23/2015, 80 FR 64346 | |
| 47-010 | Definitions | 3/14/2008 | 10/23/2015, 80 FR 64346 | Except the definition of “nuisance”. |
| 47-015 | Open Burning Requirements | 3/14/2008 | 10/23/2015, 80 FR 64346 | Except 1.D, 1.H, 6.B(5). |
| 47-020 | Letter Permits | 3/14/2008 | 10/23/2015, 80 FR 64346 | Except 3, 9.I, and 10. |
| | | | | |
| 48-001 | General Policy | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 48-005 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 48-010 | General Applicability | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 48-015 | General Requirements for Fugitive Emissions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 50-001 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 50-005 | Purpose and Scope of Ambient Air Quality Standards | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 50-015 | Suspended Particulate Matter | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 50-025 | Sulfur Dioxide | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 50-030 | Carbon Monoxide | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 50-035 | Ozone | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 50-040 | Nitrogen Dioxide | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 50-045 | Lead | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 50-050 | General | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 50-055 | Ambient Air PSD Increments | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 50-060 | Ambient Air Ceilings | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 50-065 | Ambient Air Quality Impact Levels for Maintenance Areas | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 51-005 | Introduction | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 51-007 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 51-010 | Episode Stage Criteria for Air Pollution Emergencies | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 51-011 | Special Conditions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 51-015 | Source Emission Reduction Plans | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 51-020 | Preplanned Abatement Strategies | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 51-025 | Implementation | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| Table I | Air Pollution Episode, Alert Conditions Emission Reduction Plan | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| Table II | Air Pollution Episode, Warning Conditions Emission Reduction Plan | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| Table III | Air Pollution Episode, Emergency Conditions Emission Reduction Plan | 3/23/2018 | 10/5/2018, [Insert
citation] | |
(e) * * *
| LRAPA citation | Title/subject | State | EPA approval date | Explanation |
| --- | --- | --- | --- | --- |
| | | | | |
| 13-005 | Authority of the Agency | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 13-010 | Duties and Powers of the Board of Directors | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 13-020 | Duties and Function of the Director | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 13-025 | Conflict of Interest | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 13-030 | Advisory Committee | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| 13-035 | Public Records and Confidential Information | 3/31/2014 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 14-110 | Definitions | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 14-115 | Rulemaking Notice | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-120 | Rulemaking Hearings and Process | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-125 | Temporary Rules | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-130 | Petition to Promulgate, Amend or Repeal Rule—Content of Petition, Filing of Petition | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-135 | Declaratory Rulings | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 14-140 | Contested Case Proceedings Generally | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-145 | Agency Representation by Environmental Law Specialist | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-147 | Authorized Representative of Respondent other than a Natural Person in a Contested Case Hearing | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-150 | Liability for the Acts of a Person's Employees | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-155 | Consolidation or Bifurcation of Contested Case Hearings | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-160 | Final Orders | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-165 | Default Orders | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-170 | Appeal to the Board | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-175 | Power of the Director | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-185 | Request for Stay Pending Judicial Review | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-190 | Request for Stay—Motion to Intervene | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-200 | Request for Stay—Agency Determination | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| 14-205 | Request for Stay—Time Frames | 3/23/2018 | 10/5/2018, [Insert
citation] | |
| | | | | |
| 15-001 | Policy | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-003 | Scope of Applicability | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-005 | Definitions | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-010 | Consolidation of Proceedings | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-015 | Notice of Violation | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-018 | Notice of Permit Violations and Exceptions | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-020 | Enforcement Actions | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-025 | Civil Penalty Schedule Matrices | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-030 | Civil Penalty Determination Procedure (Mitigating and Aggravating Factors) | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-035 | Written Notice of Civil Penalty Assessment—When Penalty Payable | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-040 | Compromise or Settlement of Civil Penalty by Director | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-045 | Stipulated Penalties | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-050 | Additional Civil Penalties | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-055 | Air Quality Classification of Violation | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-060 | Selected Magnitude Categories | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| 15-065 | Appeals | 6/13/1995 | 8/3/2001, 66 FR 40616 | |
| | | | | |
| 31-0070 | Hearing Procedures | 3/23/2018 | 10/5/2018, [Insert
citation] | |
**40 CFR Part 52**
3. Section 52.1987 is amended by revising paragraph (b) to read as follows:
§ 52.1987
(b) The Lane Regional Air Protection Agency rules for the prevention of significant deterioration of air quality (provisions of LRAPA Titles 12, 29, 31, 37, 38 (except 0510(3) inter-pollutant offset ratios), 40, 42, and 50) as in effect March 23, 2018, are approved as meeting the requirements of title I, part C, subpart I of the Clean Air Act for preventing significant deterioration of air quality.