Air Plan Approval; OR; Update to Materials Incorporated by Reference
The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Oregon State Implementation Plan (SIP). The regulations aff...
The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Oregon State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by Oregon and approved by the EPA. In this final rule, the EPA is also notifying the public of corrections and clarifying changes in the Code of Federal Regulations (CFR) tables that identify the materials incorporated by reference into the Oregon SIP. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.
DATES:
This action is effective August 7, 2025.
ADDRESSES:
The SIP materials for which incorporation by reference into 40 CFR part 52 is finalized through this action are available for inspection at the following locations: Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA 98101; and
www.regulations.gov.
To view the materials at the Region 10 Office, the EPA requests that you email the contact listed in the
FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Claudia Vaupel, EPA Region 10, 1200 Sixth Avenue—Suite 155, Seattle, WA 98101, at 206-553-6121, or
vaupel.claudia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Each State has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution regulations, emissions inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms, among other elements. In developing the SIP, the State formally adopts the control measures and strategies used to attain and maintain the NAAQS and submits them to the EPA for review and approval.[1]
The EPA approves the State's submitted regulatory provisions and codifies them in part 52, “Approval and Promulgation of Implementation Plans,” of Title 40 of the Code of Federal Regulations (40 CFR part 52). In codifying the State regulatory provisions, the full text is not reproduced in its entirety in 40 CFR part 52 but is “incorporated by reference” as of a specific effective date. The public is referred to the location of the full text version for the specifics of each State regulatory provision incorporated by reference into the SIP. The information provided allows the EPA and the public to monitor the extent to which a State implements and enforces the SIP.
The SIP is a living document that is revised by the State as necessary to address the unique air pollution problems in the State. A SIP revision may include changes to one or more regulations in their entirety, or portions of regulations. The State indicates the changes in the submitted SIP revision (such as by using redline/strikethrough text) and the EPA takes action on the requested changes. The EPA establishes a docket for each action using a unique Docket Identification Number, listed in each
Federal Register
document. The docket and complete submission are available for viewing on
www.regulations.gov.
On May 22, 1997 (62 FR 27968), the EPA began implementing revised procedures for incorporating regulatory provisions by reference into the Code of Federal Regulations for each SIP. The revised procedures updated the format for the identification of each SIP in 40 CFR part 52, streamlined the mechanism for announcing EPA approval of SIP revisions, and streamlined the mechanism for updating the “IBR material” (the full text of the regulatory provisions and source-specific permits, etc.) incorporated by reference into each SIP in 40 CFR part 52. The revised procedures also called for the EPA to maintain a “SIP Compilation” of the IBR material for each State.
The EPA must update each SIP Compilation and periodically publish an informational document in the rules section of the
Federal Register
notifying the public that updates have been made to a SIP Compilation for a particular State. The EPA began applying the 1997 revised procedures to the Oregon SIP on December 10, 2013 (78 FR 74012). The EPA subsequently published updates to the Oregon SIP IBR materials on April 10, 2019 (84 FR 14272) and December 20, 2022 (87 FR 77720).
A. Approved and Incorporated by Reference Regulatory Materials
Since the last published update to the Oregon SIP IBR materials, the EPA took two actions, on July 23, 2024 (89 FR 59610) and October 8, 2024 (89 FR 81361), to approve and incorporated by reference a number of regulatory provisions into the Oregon SIP at 40 CFR 52.1970(c) and (d). The approval actions and associated regulatory provisions are described in the following paragraphs of this preamble.
1. Paragraph (c) EPA Approved Regulations and Statutes
OAR 340-200-0020 General Air Quality Definitions (defining terms used in the Oregon air quality regulations), State effective March 1, 2023;
OAR 340-200-0025 Abbreviations and Acronyms (defining abbreviations and acronyms used in the Oregon air quality regulations), State effective March 1, 2023;
OAR 340-200-0035 Reference Materials (specifying the title and version of each reference material used in the Oregon air quality regulations), State effective March 1, 2023;
OAR 340-204-0300 Designation of Sustainment Areas (identifying the areas in Oregon designated as sustaining the relevant air quality standard), State effective March 1, 2023;
OAR 340-204-0310 Designation of Reattainment Areas (identifying the areas in Oregon designated as reattaining the relevant air quality standard), State effective March 1, 2023;
OAR 340-206-0010 Introduction (establishing significant harm levels for pollutants in areas based on priority level), State effective March 1, 2023;
OAR 340-208-0110 Visible Air Contaminant Limitations (establishing limits and test methods for visible emissions), State effective March 1, 2023;
OAR 340-209-0080 Issuance or Denial of a Permit (specifying procedures for issuing and denying permits, including how to request a hearing to contest a permit decision), State effective March 1, 2023;
OAR 340-210-0100 Registration in General (identifying categories of sources that are required to register with the Oregon DEQ), State effective March 1, 2023;
OAR 340-210-0205 Notice of Construction and Approval of Plans: Applicability and Requirements, except paragraph (3) (listing source types and activities that require notice to the Oregon DEQ prior to construction), State effective March 1, 2023;
OAR 340-210-0225 Notice of Construction and Approval of Plans: Types of Construction/Modification Changes (establishing the activities that qualify for each type of notice of construction), State effective March 1, 2023;
OAR 340-210-0230 Notice of Construction and Approval of Plans:
( printed page 38011)
Notice to Construct Application (requiring the specific information to be submitted in an application), State effective March 1, 2023;
OAR 340-210-0240 Notice of Construction and Approval of Plans: Construction Approval (specifying what level of approval from Oregon DEQ is needed before a source may begin construction), State effective March 1, 2023;
OAR 340-210-0250 Notice of Construction and Approval of Plans: Approval to Operate (specifying what is required of a source to obtain approval to operate), State effective March 1, 2023;
OAR 340-214-0110 Reporting: Request for Information (requiring sources to respond to Oregon DEQ requests for information), State effective March 1, 2023;
OAR 340-214-0114, Reporting: Records; Maintaining and Reporting (detailing when and how to record and report data), State effective March 1, 2023;
OAR 340-214-0130 Reporting: Information Exempt from Disclosure (establishing that trade secrets and other eligible data may be exempt from disclosure), State effective March 1, 2023;
OAR 340-216-0020 Applicability and Jurisdiction (identifying source categories subject to Division 216 regarding air contaminant discharge permits), State effective March 1, 2023;
OAR 340-216-0025 Types and Permits (identifying the types of air contaminant discharge permits), State effective March 1, 2023;
OAR 340-216-0040 Application Requirements (spelling out the information required to be included in permit applications), State effective March 1, 2023;
OAR 340-216-0054 Short Term Activity ACDPs (listing the pilot and other time-limited activities that may be eligible for a short term activity ACDP), State effective March 1, 2023;
OAR 340-216-0056 Basic ACDPs (identifying the contents of a basic ACDP), State effective March 1, 2023;
OAR 340-216-0060 General Air Contaminant Discharge Permits (identifying the contents of a general ACDP), State effective March 1, 2023;
OAR 340-216-0064 Simple ACDPs (identifying the contents of a simple ACDP), State effective March 1, 2023;
OAR 340-216-0066 Standard ACDPs (identifying the contents of a standard ACDP), State effective March 1, 2023;
OAR 340-216-0068 Simple and Standard ACDP Attachments (allowing Oregon DEQ to add requirements to existing simple and standard ACDP permits), State effective March 1, 2023;
OAR 340-216-0082 Expiration, Termination, Reinstatement or Revocation of an ACDP (regulating when and how ACDPs expire, are terminated, reinstated or revoked), State effective March 1, 2023;
OAR 340-216-0084 Department Initiated Modification (establishing a means by which Oregon DEQ may modify an ACDP when needed), State effective March 1, 2023;
OAR 340-216-8010 Table 1—Activities and Sources (listing which source categories and associated activities must obtain an ACDP), State effective March 1, 2023;
OAR 340-216-8020 Table 2—Air Contaminant Discharge Permits, except paragraph (2) and Table 2 (requiring sources to pay ACDP fees to the Oregon DEQ), State effective March 1, 2023;
OAR 340-222-0020 Applicability and Jurisdiction (requiring that plant site emission limits are included in most ACDPs and title V operating permits), State effective March 1, 2023;
OAR 340-222-0035 General Requirements for Establishing All PSELs (describing how plant site emission limits are established and how they are revised), State effective March 1, 2023;
OAR 340-222-0041 Annual PSELs (prescribing how annual plant site emission limits are established on a source-specific basis), State effective March 1, 2023;
OAR 340-222-0042 Short Term PSEL (establishing short term limits for sources located in areas with an established short term significant emission rate), State effective March 1, 2023;
OAR 340-222-0046 Netting Basis (establishing netting basis requirements), State effective March 1, 2023;
OAR 340-224-0030 New Source Review Procedural Requirements (establishing application and processing procedures for new source review permits), State effective March 1, 2023;
OAR 340-224-0520 Net Air Quality Benefit Emission Offsets: Requirements for Demonstrating Net Air Quality Benefit for Ozone Areas (requiring certain sources to offset emissions in areas with ozone problems), State effective March 1, 2023;
OAR 340-224-0530 Net Air Quality Benefit Emission Offsets: Requirements for Demonstrating Net Air Quality Benefit for Non-Ozone Areas (requiring sources to offset emissions in areas with particulate matter problems), State effective March 1, 2023;
OAR 340-225-0030 Procedural Requirements (prescribing the procedures for air quality analysis), State effective March 1, 2023;
OAR 340-225-0050 Requirements for Analysis in PSD Class II and Class III Areas (establishing the modeling requirements for sources in PSD class II and III areas), State effective March 1, 2023;
OAR 340-225-0070 Requirements for Demonstrating Compliance with Air Quality Related Values Protection (describing how to comply with limits established for national parks, wilderness, and other areas), State effective March 1, 2023;
OAR 340-226-0100 Highest and Best Practicable Treatment and Control: Policy and Application (requiring appropriate conditions in permits to control and treat emissions to the highest extent), State effective March 1, 2023;
OAR 340-226-0130 Highest and Best Practicable Treatment and Control: Typically Achievable Control Technology (TACT) (laying out when and how the Oregon DEQ will make typically achievable control technology determinations), State effective March 1, 2023;
OAR 340-226-0140 Highest and Best Practicable Treatment and Control: Additional Control Requirements for Stationary Sources of Air Contaminants (providing that the Oregon DEQ will establish additional control requirements to protect the NAAQS, visibility, and other public health and environmental goals), State effective March 1, 2023;
OAR 340-226-0210 Grain Loading Standards: Particulate Emission Limitations for Sources Other Than Fuel Burning Equipment, Refuse Burning Equipment and Fugitive Emissions (establishing particulate emission standards for non-fuel burning equipment), State effective March 1, 2023;
OAR 340-228-0210 General Emission Standards for Fuel Burning Equipment: Grain Loading Standards (setting grain loading standards for fuel-burning equipment), State effective March 1, 2023;
OAR 340-232-0030 Definitions (defining terms used in the rules establishing emission standards for VOC point sources), State effective March 1, 2023;
OAR 340-232-0040 General Non-Categorical Requirements (spelling out general case-by-case RACT requirements for VOC point sources), State effective March 1, 2023;
OAR 340-232-0090 Bulk Gasoline Terminals Including Truck and Trailer Loading (VOC emission limits for bulk
( printed page 38012)
gasoline terminals), State effective March 1, 2023;
OAR 340-232-0160 Surface Coating in Manufacturing (VOC emission limits for surface coating operations), State effective March 1, 2023;
OAR 340-232-0170 Aerospace Component Coating Operations (VOC emission limits for component coating in the aerospace industry), State effective March 1, 2023;
OAR 340-234-0010 Definitions except (8) and (10) (defining terms used in the rules establishing emission standards for the wood products industry), State effective March 1, 2023;
OAR 340-234-0210 Kraft Pulp Mills: Emission Limitations, except references to total reduced sulfur (setting emission limits for kraft pulp mills), State effective March 1, 2023; and
OAR 340-236-8010 Hot Mix Asphalt Plants: Table—Process Weight Table (requiring hot mix asphalt plants to comply with specific process weight discharge rates), State effective March 1, 2023.
OAR 340-223-0010 Purpose (for maintaining reasonable progress and other requirements associated with Oregon's implementation of the Federal Regional Haze Rule), State effective July 26, 2021;
OAR 340-223-0020 Definitions (updating this section to account for revised program requirements between the first regional haze implementation period and the second implementation period), State effective July 26, 2021;
OAR 340-223-0100 Screening Methodology for Sources for Round II of Regional Haze (establishing the criteria for selecting sources for review under the regional haze program), State effective July 26, 2021;
OAR 340-223-0110 Options for Compliance with Round II of Regional Haze (establishing requirements for sources and compliance options under the regional haze program), State effective July 26, 2021;
OAR 340-223-0120 Four Factor Analysis (establishing the requirements for assessing potential controls for reasonable progress under the regional haze program), State effective July 26, 2021; and
OAR 340-223-0130 Final Orders Ordering Compliance with Round II of Regional Haze (establishing unilateral order authority and procedures for contested case hearings under the regional haze program), State effective July 26, 2021.
2. Paragraph (d) EPA Approved State Source-Specific Requirements
Ash Grove Cement Company, Permit No. 01-0029-TV-01, permit conditions (3), (9) through (11), (14), (16) through (28), (42), (45) through (76), (84) through (97), (99), (100), and (102) only, State effective October 16, 2020;
Biomass One, L.P., Order No. 15-0159, State effective August 9, 2021;
Boise Cascade Wood Products, LLC—Elgin Complex, Order No. 31-0006, State effective August 12, 2021;
Boise Cascade Wood Products, LLC—Elgin Complex, Permit No. 31-0006-TV-01, permit conditions (56), (59) through (75), (77), and (78) only, State effective December 5, 2016;
Boise Cascade Wood Products, LLC—Medford, Order No. 15-0004, State effective August 9, 2021;
Boise Cascade Wood Products, LLC—Medford, Permit No. 15-0004-TV-01, permit conditions (71), (72), and (74) through (88) only, State effective February 20, 2020;
Cascade Pacific Pulp, LLC—Halsey Pulp Mill, Order No. 22-3501-A2, State effective August 25, 2023;
Cascades Tissue Group: A Division of Cascades Holding US Inc., Order No. 05-1849, State effective August 18, 2021;
Cascades Tissue Group: A Division of Cascades Holding US Inc., Permit No. 05-1849-TV-01, permit conditions (24), (25), (27), and (29) through (43) only, State effective April 6, 2018;
Collins Products, L.L.C., Permit No. 18-0013-TV-01, permit conditions (3), (14) through (16), (19) through (24), (34 through (42), (63) through (75), and (77) only, State effective January 26, 2015;
Columbia Forest Products, Inc., Permit No. 18-0014-TV-01, permit conditions (3), (8) through (20), (22), (23), (34) through (52), (58) through (66), (67—introductory paragraph), (67.a), (67.b.iii) through (67.b.v), and (68) through (70) only, State effective September 26, 2017;
EVRAZ Inc, Order No. 26-1865, State effective August 9, 2021;
Gas Transmission Northwest LLC—Compressor Station 12, Order No. 09-0084, State effective August 9, 2021;
Gas Transmission Northwest LLC—Compressor Station 12, Permit No. 09-0084-TV-01, permit conditions (32) through (34) and (37) through (50) only, State effective August 10, 2017;
Gas Transmission Northwest LLC—Compressor Station 13, Order No. OAH CASE NO. 2021-ABC-04835/DEQ CASE NO. AQ/RH-HQ-2021-140, State effective June 1, 2022;
Gas Transmission Northwest LLC—Compressor Station 13, Permit No. 18-0096-TV-01, permit conditions (24) through (26), (32) through (35), and (37) through (44) only, State effective July 11, 2018;
Georgia-Pacific—Toledo LLC, Order No. 21-0005, Amendment No. 21-005-A1, State effective December 5, 2022;
Georgia Pacific—Wauna Mill, Order No. 04-0004, Amendment No. 04-004-A1, State effective December 5, 2022;
Gilchrist Forest Products, Permit No. 18-0005-TV-01, permit conditions (4), (5), (9), (10), (12) though (19), (41) through (43), (45) through (59), and (61) only, State effective July 25, 2023;
International Paper—Springfield, Order No. 208850, State August 9, 2021;
International Paper—Springfield, Permit No. 208850, permit conditions (186) through (189), (192), and (198) only, State effective October 4, 2016;
JELD-WEN, Permit No. 18-0006-TV-01, permit conditions (55) through (77) and (80) through (87) only, State effective December 01, 2021;
JELD-WEN, Permit No. 18-0006-TV-01, Addendum No, 1, permit conditions 53 and 53b only, State effective August 11, 2022;
Kingsford Manufacturing Company, Permit No. 204402, addendum No. 2, permit conditions (71) through (73) and (75) through (91) only, State effective November 15, 2021;
Klamath Energy LLC—Klamath Cogeneration, Permit No. 18-0003-TV-01, permit conditions (10) through (16), (18), (24) through (28), (32) through (37), (39) through (49), (51), (52), and (54), and (56) only, State effective June 12, 2017;
Klamath Energy LLC—Klamath Cogeneration, Permit No. 18-0003-TV-01, Addendum No. 1, permit conditions (3.a), (3.b), (61.l), and (66.b.xii), State effective December 8, 2020;
Northwest Pipeline LLC—Baker Compressor Station, Order No. 01-0038, amendment 01-0038-A1, State effective February 1, 2022;
Northwest Pipeline LLC—Baker Compressor Station, Permit No. 01-0038-TV-01, permit conditions (27) through (30) and (32) through (43) only, State effective January 12, 2017;
Northwest Pipeline LLC—Oregon City Compressor Station, Order No. 03-2729, amendment 03-2729-A1, State effective February 1, 2022;
Northwest Pipeline LLC—Oregon City Compressor Station, Permit No. 03-2729-TV-01, permit conditions (7), (19), (25) through (27), (38), (41), (45), and (50) through (65) only, State effective February 19, 2013;
Ochoco Lumber Company, Permit No. 12-0032-ST-01, permit conditions
( printed page 38013)
(1.1) through (1.3), (1.6), (2.1) through (2.5), (4.1) though (4.4), and (5.1) through (6.2) only, State effective June 25, 2019;
Owens-Brockway Glass Container Inc., Order No. 26-1876, State effective August 9, 2021;
Owens-Brockway Glass Container Inc., Permit No. 26-1876-TV-01, permit conditions (33) through (48) only, State effective December 10, 2019,
Pacific Wood Laminates, Inc., Permit No. 08-0003-TV-01, permit conditions (3), (9), (10), (12) through (19), (26) through (41), (56) through (71), and (73) only, State effective December 30, 2019;
PGE Beaver Plant/Port Westward I Plant, Order No. 05-2606, State effective August 10, 2021;
PGE Beaver Plant/Port Westward I Plant, Permit No. 05-2520, permit conditions (62) through (66), (68) through (78), (79.a), (80) through (83), (85), (87), (88.a), (89.d), (89.f), and (89.i) only, State effective January 21, 2009;
Roseburg Forest Products—Dillard, Order No. 10-0025, State effective August 9, 2021;
Roseburg Forest Products—Medford MDF, Permit No. 15-0073-TV-01, permit conditions (44) through (46), (48) through (61), (63), and (64) only, State effective August 18, 2022;
Roseburg Forest Products—Riddle Plywood, Permit No. 10-0078-TV-01, permit conditions (65), (66), (68) through (81) only, State effective July 31, 2019;
Swanson Group Mfg. LLC, Permit No. 10-0045-TV-01, permit conditions (4), (10) through (24), (25—introductory paragraph), (25.a) through (25.c), (27) through (40), (50) through (64), and (66) only, State effective June 12, 2017;
Timber Products Co. Limited Partnership, Permit No. 15-0025-TV-01, permit conditions (70) through (72) and (74) through (90) only, State effective June 23, 2022;
Willamette Falls Paper Company, Order No. 03-2145, State effective August 9, 2021;
Willamette Falls Paper Company, Permit No. 03-2145-TV-01, permit conditions (40) through (55) only, State effective February 24, 2016; and
Woodgrain Millwork LLC—Particleboard, Permit No. 31-0002-TV-01, permit conditions (3), (12) through (21), (22—introductory paragraph), (22.a), (22.e), (22.f), (23), (25) though (28), (30) through (35), (37), (39) through (41), (43), (44), (46), (48), (49), (51) through (72), (80) through (94), and (96) only, State effective May 24, 2021.
B. Regulatory Materials Removed From Incorporation by Reference
Since the last published update to the Oregon SIP IBR materials, the EPA also removed regulatory materials from the Oregon SIP at 40 CFR 52.1970(c). The actions and associated regulatory provisions removed from incorporation by reference are described in the following paragraphs of this preamble. No IBR material was removed from paragraph (d).
1. Paragraph (c) EPA Approved Regulations and Statutes
OAR 340-210-0215, Notice of Construction and Approval of Plans: Requirement (requirements to notify the Oregon DEQ prior to constructing or modifying a subject source), State effective April 16, 2015;
OAR 340-222-0040, Generic Annual PSEL (establishing generic plant site emission limits for subject sources that emit less than the significant emission rate), State effective April 16, 2015;
OAR 340-021-200 Purpose (describing the purpose of contingency control requirements for existing industrial sources in coarse particulate matter nonattainment areas), State effective May 1, 1995;
OAR 340-021-205 Relation to Other Rules (describing the relation of contingency control requirements to other regulations), State effective March 10, 1993;
OAR 340-021-210 Applicability (stating that contingency control requirements shall apply if the EPA determines an area has failed to attain the PM10
standard by the applicable attainment date), State effective March 10, 1993;
OAR 340-021-215 Definitions (establishing definitions used in the contingency control requirements), State effective March 10, 1993;
OAR 340-021-220 Compliance Schedule for Existing Sources (setting the compliance schedule for sources to install emissions control systems as a contingency control requirement), State effective March 10, 1993;
OAR 340-021-225 Wood-Waste Boilers (limiting emissions from wood-waste boilers to a specific rate as a contingency control requirement), State effective March 10, 1993;
OAR 340-021-230 Wood Particle Dryers at Particleboard Plants (limiting emissions from wood particle dryers to a specific rate as a contingency control requirement), State effective March 10, 1993;
OAR 340-021-235 Hardboard Manufacturing Plants (limiting emissions from hardboard manufacturing plants to a specific rate as a contingency control requirement), State effective March 10, 1993;
OAR 340-021-240, Air Conveying Systems (limiting emissions from air conveying systems to a specific rate as a contingency control requirement), State effective March 10, 1993; and
OAR 340-021-245, Fugitive Emissions (requiring wood products manufacturing plants to limit fugitive emissions as a contingency control requirement), State effective March 10, 1993.
OAR 340-223-0030 BART and Additional Regional Haze Requirements for the Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant (Federal Acid Rain Program Facility ORISPL Code 6106 (establishing nitrogen oxide and sulfur dioxide emission limits, retrofit control technology and fuel requirements for the Foster-Wheeler Boiler), State effective December 10, 2010;
OAR 340-223-0040 Federally Enforceable Permit Limits (requirements for sources that accept a federally enforceable limit to avoid specific best available retrofit technology requirements), State effective December 10, 2010;
OAR 340-223-0050 Alternative Regional Haze Requirements for the Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant (Federal Acid Rain Program Facility ORISPL Code 6106 (regional haze compliance options and dates for the Foster-Wheeler Boiler), State effective December 10, 2010; and
OAR 340-223-0080 Alternative Requirements for the Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant (Federal Acid Rain Program Facility ORISPL Code 6106) Based Upon Permanently Ceasing the Burning of Coal Within Five Years of EPA Approval of the Revision to the Oregon Clean Air Act State Implementation Plan Incorporating OAR Chapter 340, Division 223 (regional haze compliance options and dates for the Foster-Wheeler Boiler if it ceases to burn coal), State effective December 10, 2010.
II. EPA Action
In this action, the EPA is providing notification of an update to the materials incorporated by reference into the Oregon SIP as of June 1, 2025, and identified in 40 CFR 52.1970(c) and (d). This update includes SIP materials submitted by Oregon and approved by
( printed page 38014)
the EPA since the last IBR update.
See87 FR 77720 (December 20, 2022).
In addition, the EPA is providing notification of the following corrections:
40 CFR 52.1970(c): correcting entry “629-048-0110” to reflect that a revision to this regulation was approved in the EPA action on May 25, 2021 (86 FR 27976); and
40 CFR 52.1970(e): correcting the entry for “ODEQ Continuous Emissions Monitoring Manual” in Table 5 to include the statewide applicable geographic area, which was inadvertently left blank in the action on October 11, 2017 (82 FR 47122).
III. Good Cause Exemption
The EPA has determined that this action falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs, makes corrections and clarifying changes to the tables in the CFR, and makes ministerial changes to the prefatory heading to the tables in the CFR. Under section 553 of the APA, an agency may find good cause where procedures are “impracticable, unnecessary, or contrary to the public interest.” Public comment for this administrative action is “unnecessary” and “contrary to the public interest” since the codification (and corrections) only reflect existing law. Immediate notice of this action in the
Federal Register
benefits the public by providing the public notification of the updated Oregon SIP Compilation and notification of corrections to the Oregon “Identification of Plan” portion of the CFR. Further, pursuant to section 553(d)(3), making this action immediately effective benefits the public by immediately updating both the SIP Compilation and the CFR “Identification of plan” section (which includes table entry corrections).
IV. Incorporation by Reference
In this document, The EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, The EPA is finalizing the incorporation by reference of regulations promulgated by Oregon, previously approved by the EPA and federally effective before June 1, 2025, contained in Volume I, 40 CFR 52.1970(c),
EPA approved regulations and statutes,
and Volume II, 40 CFR 52.1970(d)EPA approved state source-specific requirements,
described in section II. of this preamble. The EPA has made, and will continue to make, these materials generally available through
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).
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, 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:
Is not a significant regulatory action subject to review by the Office of Management and Budget underExecutive Order 12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501et 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. 601et 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);
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 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).
This action is subject to the Congressional Review Act, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 6, 2025. 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).)
(b)
Incorporation by reference.
( printed page 38015)
(1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to June 1, 2025, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval and notification of any change in the material will be published in the
Federal Register
. Entries in paragraphs (c) and (d) of this section with EPA approval dates after June 1, 2025, will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 10 certifies that the rules/regulations provided by the EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of the dates referenced in paragraph (b)(1) of this section.
(3) Copies of the materials incorporated by reference may be inspected at the Region 10 EPA Office at 1200 Sixth Avenue, Suite 155, Seattle, WA 98101. To obtain the material, please call (206) 553-6357. You may inspect the material with an EPA approval date prior to June 1, 2025, for Oregon at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA email
fedreg.legal@nara.gov
or go to
www.archives.gov/federal-register/cfr/ibr-locations.
1
The EPA approves the requirements in Table 2 of this paragraph (c) only to the extent they apply to (1) pollutants for which NAAQS have been established (criteria pollutants) and precursors to those criteria pollutants as determined by the EPA for the applicable geographic area; and (2) any additional pollutants that are required to be regulated under Part C of Title I of the CAA, but only for the purposes of meeting or avoiding the requirements of Part C of Title I of the CAA.
2
Only for the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality management areas, as well as all of Clackamas, Multnomah, and Washington counties.
3
The EPA approves Division 244 only to the extent needed to implement the requirements for gasoline dispensing facilities that are approved into the SIP for the purpose of regulating VOC emissions.
1
The EPA approves the requirements in Table 4 of this paragraph (c) only to the extent they apply to (1) pollutants for which NAAQS have been established (criteria pollutants) and precursors to those criteria pollutants as determined by the EPA for the applicable geographic area; and (2) any additional pollutants that are required to be regulated under Part C of Title I of the CAA, but only for the purposes of meeting or avoiding the requirements of Part C of Title I of the CAA.
(d)
EPA approved state source-specific requirements.
Permit conditions (3), (8) through (20), (22), (23), (34) through (52), (58) through (66), (67—introductory paragraph), (67.a), (67.b.iii) through (67.b.v), and (68) through (70).
Permit conditions (3), (12) through (21), (22—introductory paragraph), (22.a), (22.e), (22.f), (23), (25) through (28), (30) through (35), (37), (39) through (41), (43), (44), (46), (48), (49), (51) through (72), (80) through (94), and (96) only.
1
The EPA does not have the authority to remove these source-specific requirements in the absence of a demonstration that their removal would not interfere with attainment or maintenance of the NAAQS, violate any prevention of significant deterioration increment or result in visibility impairment. The Oregon Department of Environmental Quality may request removal by submitting such a demonstration to the EPA as a SIP revision.
(e)
EPA approved nonregulatory provisions and quasi-regulatory measures.
Table 1—Oregon State Statutes Approved But Not Incorporated by Reference
State citation
Title/subject
State
effective
date
EPA approval date
Explanations
ORS Chapter 468
General Administration, Enforcement, Pollution Control Facilities Tax Credit
1
The EPA approves the provisions in Table 2 of this paragraph (e) only to the extent the provisions relate to enforcement of the requirements contained in the Oregon SIP.
Table 3—Lane Regional Air Protection Agency Regulations Approved But Not Incorporated by Reference
LRAPA citation
Title/subject
State
effective
date
EPA approval date
Explanations
Title 13—General Duties and Powers of Board and Director
1
The EPA approves the provisions in Table 3 of this paragraph (e) only to the extent the provisions relate to enforcement of the requirements contained in the Oregon SIP.
Table 4—City And County Ordinances Approved But Not Incorporated by Reference
Meets CAA requirements section 169A and 40 CFR 51.308(e) regarding BART and the requirements of 40 CFR 51.308(d)(2) and (d)(4)(v) regarding the calculation of baseline and natural conditions of OR Wilderness areas and the statewide inventory of emissionsof pollutants that are reasonably anticipated to cause or contriubte to visibulity impairment in any mandatory Class I Federal Area.
Volumes I (November 2018 edition) and Volume II (April 2015 edition) only for purposes of the emission limits and requirements approved into the Oregon SIP.
Use this for formal legal and research references to the published document.
90 FR 38009
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Air Plan Approval; OR; Update to Materials Incorporated by Reference,” thefederalregister.org (August 7, 2025), https://thefederalregister.org/documents/2025-14971/air-plan-approval-or-update-to-materials-incorporated-by-reference.