[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1132]


[[Page Unknown]]

[Federal Register: January 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OR-32-1-5935; FRL-4824-4]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Oregon

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Oregon State Implementation Plan (SIP) for the 
attainment of National Ambient Air Quality Standards for carbon 
monoxide in the Portland and Medford-Ashland nonattainment areas. This 
revision provides for the adoption and implementation of a vehicle 
inspection/maintenance (I/M) program meeting all requirements of EPA 
regulations, published in the Federal Register on November 5, 1992, 
concerning vehicle I/M programs.

EFFECTIVE DATE: This action will become effective on March 21, 1994, 
unless notice is received by February 18, 1994, that someone wishes to 
submit adverse or critical comments. If the effective date is delayed, 
timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Montel Livingston, 
SIP Manager, Air and Radiation Branch (AT-082), United States 
Environmental Protection Agency, 1200 6th Avenue, Seattle, Washington 
98101.
    Copies of the documents relevant to this action are available for 
public inspection during normal business hours at: Air and Radiation 
Branch (Docket #OR32-1-5935), United States Environmental Protection 
Agency, 1200 Sixth Avenue (AT-082), Seattle, Washington 98101, and 
Department of Environmental Quality, Vehicle Inspection Program, 1301 
SE., Morrison Street, Portland, Oregon 97214.

FOR FURTHER INFORMATION CONTACT: Christi Lee, Air and Radiation Branch 
(AT-082), United States Environmental Protection Agency, 1200 Sixth 
Avenue, Seattle, Washington 98101, (206) 553-1814.

SUPPLEMENTARY INFORMATION:

Clean Air Act Requirements

    The Clean Air Act as amended in 1990 (CAA or Act) requires states 
to make changes to improve existing I/M programs or implement new ones. 
Carbon monoxide (CO) areas with moderate area designation are required 
to implement the vehicle inspection and maintenance program described 
in section 182(a)(2)(B).
    EPA was also directed to publish updated guidance for state I/M 
programs, taking into consideration findings of the Administrator's 
audits and investigations of these programs. All areas required by the 
Act to have an I/M program were to incorporate this guidance into the 
SIP. CO nonattainment areas with design classifications of 12.7 ppm and 
below were required to meet EPA guidance for ``basic'' I/M programs. 
These areas were required to submit a SIP revision to incorporate a 
basic I/M program by November 15, 1992.
    In Oregon a basic I/M program is required in the following 
urbanized areas: Portland and Medford-Ashland Oregon.

Basis for Approval

    EPA believes an approval of the committal SIP is appropriate in 
this case because the state could not be expected to begin developing 
an I/M program meeting the requirements of the Act and the I/M 
regulation until the I/M regulation was adopted as a final rule, which 
occurred on November 5, 1992. EPA does believe that states can adopt 
revised I/M program plans within one year of EPA's final rule. Oregon 
submitted an I/M SIP on November 15, 1993 which contains all of the 
elements in the implementation schedule, including authorizing 
legislation and implementing regulations. The 1993 submittal also 
included an analysis of the program using the most current EPA mobile 
source emission model demonstrating that the program meets the 
applicable performance standard, among other features.

I/M Regulation Requirements

    Requirements for I/M programs were published in the Federal 
Register on November 5, 1992, under subpart S, part 51, title 40, Code 
of Federal Regulations (I/M Regulation). The I/M Regulation required 
each state that must implement an I/M program to submit by November 15, 
1992, a SIP revision including two elements, a commitment from the 
Governor or his designee to the timely adoption and implementation of 
an I/M program meeting all requirements of the I/M regulation, and a 
schedule of implementation.

State Submittals

    Oregon submitted a committal SIP to EPA on May 14, 1993. A public 
hearing on this submittal was held by the Oregon Department of 
Environmental Quality (DEQ) on April 20, 1993. EPA deemed the committal 
SIP complete on May 14, 1993. The submittal includes a commitment to 
the timely adoption and implementation of an I/M program meeting all 
requirements of the I/M regulation and the Act, and a schedule of 
implementation.

Statement of Approvability

    Under the authority of the Governor's designee, the state of 
Oregon's DEQ submitted a SIP revision to satisfy the requirements of 
the I/M regulation to the EPA on May 14, 1993. The Agency has reviewed 
this submittal and is approving it under section 110(k)(4).

Regulatory Process

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and entities with jurisdiction over populations less than 50,000.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of 
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions 
(54 FR 2222) from the requirements of section 3 of Executive Order 
12291 for a period of two years. EPA has submitted a request for a 
permanent waiver for Table 2 and Table 3 SIP revisions. OMB has agreed 
to continue the waiver until such time as it rules on EPA's request. 
This request continues in effect under Executive Order 12866 which 
superseded Executive Order 12291 on September 30, 1993.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State Implementation Plan. Each request for revision to 
the SIP shall be considered separately in light of specific technical, 
economic and environmental factors and in relation to relevant 
statutory and regulatory requirements.
    Under 5 U.S.C. 605(b), I certify that this revision will not have a 
significant economic impact on a substantial number of small entities 
(see 46 FR 8709).
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. This action will be effective March 21, 1994, 
unless, by February 18, 1994, notice is received that adverse or 
critical comments will be received. If such notice is received, this 
action will be withdrawn before the effective date by publishing two 
subsequent notices. One notice will withdraw the final action and 
another will begin a new rulemaking by announcing a proposal of the 
action and establishing a comment period. If no such comments are 
received, the public is advised that this action will be effective 
March 21, 1994.
    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 March 21, 1994. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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)) (see 42 U.S.C. 7607 
(b)(2)).
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the state is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.SE.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Motor vehicle pollution, Nitrogen oxide, Ozone, Particulate matter, 
Volatile organic compounds.

    Note: Incorporation by reference of the Implementation Plan for 
the State of Oregon was approved by the Director of the Office of 
Federal Register on July 1, 1982.

    Dated: December 29, 1993.
Jane S. Moore,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulation is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart MM--Oregon

    2. Section 52.1970 is amended by adding paragraph (c)(103) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c)* * *
    (103) On May 14, 1993, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a committal state implementation 
plan (SIP) for a basic inspection and maintenance (I/M) program for 
Portland and Medford-Ashland CO nonattainment areas. On November 15, 
1993, ODEQ submitted the basic I/M program.
    (i) Incorporation by reference.
    (A) May 14, 1993 letter from the Director of ODEQ to EPA Region 10 
submitting a committal SIP for the I/M program.
    (B) November 15, 1993 letter from the Director of ODEQ to EPA 
Region 10 submitting the I/M program for moderate CO nonattainment 
areas.
    (C) OAR 340-24-309 through 350, ``Motor Vehicles,'' adopted on 
October 29, 1993 and effective on November 4, 1993.
[FR Doc. 94-1132 Filed 1-18-94; 8:45 am]
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