[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15674]


[Federal Register: June 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OR-38-1-6335a; FRL-4998-8]


Approval and Promulgation of State Implementation Plan: Oregon

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of Oregon's contingency measure plan as a revision to Oregon's 
State Implementation Plan (SIP) for carbon monoxide (CO). EPA's action 
is based upon a revision request which was submitted by the state to 
satisfy a requirement of the Clean Air Act Amendments (CAAA) for Grants 
Pass, Medford, Portland, and Klamath Falls, Oregon.
DATES: This final rule will be effective on August 29, 1994 unless 
adverse or critical comments are received by July 28, 1994. 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, EPA, Air & Radiation Branch (AT-082), Docket # OR-38-1-
6335, 1200 Sixth Avenue, Seattle, Washington 98101.
    Documents which are incorporated by reference are available for 
public inspection at the Air and Radiation Docket and Information 
Center, EPA, 401 M Street, SW., Washington, DC 20460. Copies of 
material submitted to EPA may be examined during normal business hours 
at the following locations: EPA, Region 10, Air & Radiation Branch, 
1200 Sixth Avenue (AT-082), Seattle, Washington 98101, and the Oregon 
Department of Environmental Quality, 811 SW., Sixth Avenue, Portland, 
Oregon 97204-1390.

FOR FURTHER INFORMATION CONTACT: Christi Lee, Air & Radiation Branch 
(AT-082), EPA, Seattle, Washington 98101, (206) 553-1814.

SUPPLEMENTARY INFORMATION:

I. Background

    States containing CO nonattainment areas with design values of 12.7 
ppm or less were required to submit, among other things, contingency 
measures to satisfy the provisions under section 172(c)(9). These 
provisions require contingency measures to be implemented in the event 
that an area fails to reach attainment by the applicable attainment 
date, December 31, 1995. Contingency measures were due by November 15, 
1993, as set by EPA under section 172(b) of the Act.
    Contingency measures must be implemented within 12 months after the 
finding of failure to attain the CO National Ambient Air Quality 
Standards (NAAQS). Once triggered they must take effect without further 
action by the state or EPA, therefore, all contingency measures must be 
adopted and enforceable prior to submittal to EPA.
    The CAAA does not specify how many contingency measures are needed 
or the magnitude of emission reductions they must provide if an area 
fails to attain the CO NAAQS. EPA believes that one appropriate choice 
of contingency measures would be to provide for the implementation of 
sufficient vehicle miles traveled (VMT) reductions or emissions 
reductions to counteract the effect of one year's growth in VMT while 
the state revises its SIP to incorporate all of the new requirement of 
a serious CO area.

II. This Action

    In this action, EPA is approving Oregon's SIP revision submitted to 
EPA on November 15, 1993 for Grants Pass, Medford, Portland and Klamath 
Falls, Oregon because it meets the applicable requirements of the Act.
    The State of Oregon held public hearings in Grants Pass, Medford, 
Portland and Klamath Falls on August 16, 17, and 18, 1993 respectively 
to entertain public comment on the CO contingency measure SIP revision. 
Following the public hearing, the plan was adopted by the Environmental 
Quality Commission on October 29, 1993, and became effective on 
November 4, 1993. The Oregon Department of Environmental Quality (ODEQ) 
submitted the plan to EPA on November 15, 1993 as a proposed revision 
to the SIP.
    The SIP revision was reviewed by EPA to determine completeness 
shortly after its submittal, in accordance with the completeness 
criteria set out at 40 CFR part 51, appendix V (1991), as amended by 57 
FR 42216 (August 26, 1991). The submittal was found to be complete and 
a letter dated March 8, 1994 was forwarded to ODEQ's Director 
indicating the completeness of the submittal.

Analysis of State Submission

    Oregon's CO contingency plan requires oxygenates to be supplied at 
maximum allowable oxygen contents (e.g. 3.5% ethanol and 2.7% methyl 
tertiary butyl ether (MTBE)). A specified minimum average oxygen 
content level of 2.9% would be required only if, in subsequent control 
seasons, the projected control area average oxygen content would be 
less than 3.1%. This projection will be based on reported oxygenate mix 
information submitted by the regulated community.
    If any of Oregon's four CO nonattainment areas fail to meet 
applicable standards by the December 31, 1995 Clean Air Act (CAA) 
deadline, or in any subsequent year prior to redesignation to 
attainment, implementation of the contingency provision will be 
formally triggered by written notification to ODEQ from the EPA, or by 
written notification from ODEQ to affected fuel suppliers in order to 
give as much lead time as possible to implement the CO contingency plan 
for the 1996-97 CO season. Oxy-fuel suppliers will be provided at least 
eight months to implement CO contingency plans from the time 
notification is received from ODEQ or from EPA, whichever is sooner. 
ODEQ would expect to notify suppliers no later than March 1 in order to 
ensure that oxy-fuel is supplied for the entire winter CO season. EPA 
is legally required to make such notification within six months of the 
end of calendar year 1995. If a standard violation occurs during 1994, 
the above implementation time frame could be accelerated by as much as 
two full years.
    After the CO contingency plan is triggered and oxygenates are being 
supplied at maximum EPA approved levels, ODEQ will assess seasonal 
oxygenate mix reports to project whether an average control area oxygen 
content of 3.1% will be reached in subsequent control periods. If 
ODEQ's projection indicates that the oxygen content will be less than 
3.1%, a 2.9% mandatory average oxygen content to be achieved by all 
Control Area Responsible Parties (CARs) and blender CARs, will be 
implemented for future control periods. If mandated, a 2.9% oxygen 
content level could be achieved by: (a) Using only ethanol as an 
oxygenate; or (b) through an averaging program using MTBE or other 
oxygenates and ethanol. An averaging program would require that at 
least 25% of the total volume of fuel supplied to a control area be 
oxygenated with ethanol to meet an oxygen content of 3.5%. The 
remaining 75% of total volume could be oxygenated with MTBE or other 
oxygenates at a 2.7% level to yield an average oxygen content over the 
control period of 2.9%.
    EPA recently promulgated regulations for reformulated gasoline that 
control the oxygen content of gasoline under section 211(c)(1) of the 
Act in certain ozone nonattainment areas, 59 FR 7716 (February 16, 
1994). Since the reformulated gasoline program would not apply to the 
gasoline marketed in the Oregon CO nonattainment areas at issue here, 
EPA does not believe that Oregon's contingency measures to impose 
controls on oxygen content beyond those statutorily required under 
section 211(m) would be preempted under section 211(c)(4) of the Act.
    In addition to the CO contingency plan, the revision contains 
housekeeping changes to clarify and improve the organization of the 
oxy-fuel regulations to minimize misinterpretation. EPA approves of 
these changes.

III. Administrative Review

    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 government entities with jurisdiction over populations of less than 
50,000.
    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).
    Because EPA considers this action noncontroversial and routine, we 
are approving it without prior proposal. The action will become 
effective on August 29, 1994 unless adverse comments are received by 
July 28, 1994. If the EPA receives adverse comments, the direct final 
rule will be withdrawn and all public comments received will be 
addressed in a subsequent final rule based on the proposed rule (please 
see short informational notice published, simultaneously, in the 
proposal section of this Federal Register).
    Nothing is 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 2 action by the 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. A future document will inform the general public of 
these tables. 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 two years. The 
EPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The 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.
    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 August 29, 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), 42 U.S.C. 
7607(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Ozone, 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: June 3, 1994.
Chuck Clarke,
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) (105) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (105) On November 15, 1993, the Director of ODEQ submitted Oregon's 
contingency measure plan as a revision to Oregon's SIP for carbon 
monoxide (CO) for Grants Pass, Medford, Portland, and Klamath Falls, 
Oregon.
    (i) Incorporation by reference.(A) November 15, 1993 letter from 
the Director of ODEQ to EPA Region 10 submitting amendments to the 
Oregon SIP.
    (B) Oregon Administrative Rules, Chapter 340-22-440 through 340-22-
650, Vol. 2, Sections 4.2, 4.9, 4.ll, Carbon Monoxide Control 
Strategies, effective November 4, 1993.
* * * * *
[FR Doc. 94-15674 Filed 6-27-94; 8:45 am]
BILLING CODE 6560-50-F