[Federal Register Volume 59, Number 31 (Tuesday, February 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3524]


[[Page Unknown]]

[Federal Register: February 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[OR-29-1-6248; FRL-4833-6]

 

Approval and Promulgation of State Implementation Plans; Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the state of Oregon. This revision establishes and 
requires the implementation of an oxygenated gasoline program in the 
Clackamas, Jackson, Multnomah, Washington and Yamhill counties, and an 
eleven by twelve mile area surrounding Klamath Falls and a nine mile by 
nine mile area surrounding Grants Pass. This SIP revision was submitted 
to satisfy the requirement of section 211(m) of the Clean Air Act, as 
amended (CAA), which requires all carbon monoxide nonattainment areas 
with a design value of 9.5 parts per million (ppm) or greater based 
generally on 1988 and 1989 air quality monitoring data to implement an 
oxygenated gasoline program. The intended effect of this action is to 
approve the oxygenated gasoline program. This action is being taken 
under Section 110 of the CAA.

EFFECTIVE DATE: This rule will become effective on March 17, 1994.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at: Air 
and Radiation Branch (Docket # OR-29-1-6248), United States 
Environmental Protection Agency, 1200 Sixth Avenue, Seattle, Washington 
98101; Department of Environmental Quality, Vehicle Inspection Program, 
1301 SE Morrison St., Portland, Oregon 97214; and Jerry Kurtzweg ANR-
443, United States Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460.

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

SUPPLEMENTARY INFORMATION:
    On October 20, 1993 (58 FR 54086-54089), EPA published a notice of 
proposed rulemaking (NPR) for the state of Oregon. The NPR proposed 
approval of an oxygenated gasoline program. The formal SIP revision was 
submitted by the state of Oregon on November 16, 1992. The revision 
included revisions to Oregon's Administrative Rules (OAR) 340-20-136 
and 340-22-440 through 340-22-640, adopted as part of the state of 
Oregon Clean Air Act Implementation Plan through OAR 340-20-047. These 
regulatory revisions were adopted by the Oregon Environmental Quality 
Commission on October 16, 1992 and went into effect on November 1, 
1992. A more detailed analysis of the state submittal was prepared as 
part of the NPR action and is contained in a Technical Support document 
(TSD) dated July 1, 1993, which is available from the Region 10 office 
listed in the Addresses section of this document.
    Other specific requirements of the oxygenated gasoline program and 
the rationale for EPA's proposed action are explained in the NPR and 
will not be restated here. No substantial public comments were received 
on the NPR.

I. Final Action

    EPA is approving the amendments to Oregon's Administrative Rules 
(OAR) 340-20-136 and 340-22-440 through 340-22-640, and adopted as part 
of the state of Oregon Clean Air Act Implementation Plan through OAR 
340-20-047.

II. Administrative Review

    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. 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.
    This action has been classified as a Table 3 action for signature 
by the Acting Regional Administrator under the procedures published in 
the Federal Register on January 19, 1989 (54 FR 2214-2225), as revised 
by an October 4, 1993 memorandum from Michael H. Shapiro, Acting 
Assistant Administrator for Air and Radiation. On January 6, 1989, the 
Office of Management and Budget (OMB) waived Table 2 and Table 3 
revisions from the requirements of section 3 of Executive Order 12291 
for a period of two years (54 FR at 2222). 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 is continues in effect under Executive Order 
12866, which superseded Executive Order 12291 on September 30, 1993.
    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 [insert date 60 days from 
date of publication]. 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))

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Ozone, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements, 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: January 21, 1994.
Gerald A. Emison,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations 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) (104) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (104) On November 16, 1992, the Oregon State Department of 
Environmental Quality submitted the formal SIP revision to Oregon's 
Administrative Rules (OAR) 340-20-136 and 340-22-440 through 340-22-
640, adopted as part of the state of Oregon Clean Air Act 
Implementation Plan through OAR 340-20-047. This revision establishes 
and requires the implementation of an oxygenated gasoline program in 
the Clackamas, Jackson, Multnomah, Washington and Yamhill counties, and 
an eleven by twelve mile area surrounding Klamath Falls and a nine mile 
by nine mile area surrounding Grants Pass.
    (i) Incorporation by reference.
    (A) The November 16, 1992 letter from the Director of the Oregon 
State Department of Environmental Quality to EPA Region 10 submitting 
revisions to the Oregon SIP.
    (B) Revisions to the Oregon SIP: Rules on Oxygenated Fuels, OAR 
340-20-136 and 340-22-440 through 340-22-640, adopted as part of the 
State of Oregon Clean Air Act Implementation Plan through OAR 340-20-
047, effective November 1, 1992.
[FR Doc. 94-3524 Filed 2-14-94; 8:45 am]
BILLING CODE 6560-50-F