[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22242]


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[Federal Register: September 9, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[OR-40-1-6396a, OR-41-1-6397a, OR44-1-6543a; FRL-5023-5]

 

Approval and Promulgation of State Implementation Plans; Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA approves the State Implementation Plan (SIP) revision 
submitted by the State of Oregon. This revision establishes and 
requires the implementation of a basic motor vehicle inspection and 
maintenance (I/M) program in the Portland Metropolitan Service district 
and the Medford-Ashland Air Quality Maintenance Area. The intended 
effect of this action is approval of a basic motor vehicle I/M program. 
This action is being taken under section 110 of the Clean Air Act.
DATES: This final rule will be effective on November 8, 1994, unless 
adverse or critical comments are received by October 11, 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, Air & Radiation Branch (AT-082), EPA, 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, Environmental Protection Agency, 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, Vehicle 
Inspection Program, 1301 SE., Morrison Street, Portland, Oregon 97214.

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

SUPPLEMENTARY INFORMATION:

I. Clean Air Act Requirements

    The Clean Air Act, as amended in 1990 (CAAA or Act), requires 
states to make changes to improve existing I/M programs or implement 
new ones. Section 182(a)(2)(B) requires any ozone nonattainment area 
which has been classified as ``marginal'' (pursuant to section 181(a) 
of the Act) or worse with an existing I/M program that was part of a 
SIP, or any area that was required by the 1977 Amendments to the Act to 
have an I/M program, to immediately submit a SIP revision to bring the 
program up to the level required in past EPA guidance or to what had 
been committed to previously in the SIP whichever was more stringent. 
All carbon monoxide (CO) nonattainment areas were also subject to this 
requirement to improve existing or previously required programs to this 
level.
    In addition, Congress directed the EPA in section 182(a)(2)(B) to 
publish updated guidance for state I/M programs, taking into 
consideration findings of the Administrator's audits and investigations 
of these programs. The states were to incorporate this guidance into 
the SIP for all areas required by the Act to have an I/M program.
    On November 5, 1992 (57 FR 52950), the EPA published a final 
regulation establishing the I/M requirements, pursuant to sections 182 
and 187 of the Act. The I/M regulation was codified at 40 CFR part 51, 
subpart S, and requires states to submit an I/M SIP revision which 
includes all necessary legal authority and the items specified in 40 
CFR 51.372 (a)(1) through (a)(8) by November 15, 1993. The State of 
Oregon has met these requirements.
    The EPA has designated two areas as CO nonattainment in the State 
of Oregon, one of which is also an ozone nonattainment area. The 
Portland CO nonattainment area classified as Moderate less than or 
equal to 12.7 ppm contains portions of the following three counties: 
Clackamas, Multnomah, and Washington. The Portland ozone nonattainment 
area classified as Marginal consists of the Air Quality Maintenance 
Area. The Medford CO nonattainment area classified as Moderate less 
than or equal to 12.7 ppm contains a portion of Jackson County. The 
nonattainment designations for CO and ozone were published in the 
Federal Register (FR) on November 6, 1991, and November 30, 1992, and 
have been codified in the Code of Federal Regulations (CFR). See 56 FR 
56694 (November 6, 1991) and 57 FR 56762 (November 30, 1992), codified 
at 40 CFR 81.300 through 81.437. Based on these nonattainment 
designations, basic I/M programs are required in both the Portland and 
Medford areas.
    By this action, the EPA is approving this submittal. The EPA has 
reviewed the State submittal against the statutory requirements and for 
consistency with the EPA regulations. EPA summarizes the requirements 
of the Federal I/M regulations as found in 40 CFR 51.350 through 51.373 
and its analysis of the State submittal below. Parties desiring 
additional details on the Federal I/M regulation are referred to the 
November 5, 1992 Federal Register document (57 FR 52950) or 40 CFR 
51.350 through 51.373.

II. Background

    On November 15, 1993 the State of Oregon submitted to EPA a SIP 
revision for a basic I/M program that had an adequate public notice and 
public hearing (August 17, 1993) process and was adopted by the 
Environmental Quality Commission (EQC) on November 1, 1993, becoming 
effective on November 4, 1993. An additional I/M revision was adopted 
by the EQC on June 3, 1994, and received by EPA on June 14, 1994. Prior 
to the EQC's signature, the State provided adequate public notice 
(March 7, 1994) and public hearing (April 5, 1994) on the I/M SIP 
revision. The June 3, 1994 submittal supplements the November 15, 1993 
SIP revision.
    The November 15, 1993 and June 3, 1994 SIP revisions were reviewed 
by EPA to determine completeness shortly after submittal, in accordance 
with the completeness criteria set out at 40 CFR part 51, appendix V. 
The submittals were found to be complete and letters dated April 11, 
1994 and June 16, 1994 respectively, were forwarded to the Director of 
the Oregon Department of Environmental Quality (ODEQ) indicating the 
completeness of the submittal.

III. State Submittal

    The State submittal provides for the upgrading of the existing I/M 
program to an EPA approved basic I/M program in the Portland and 
Medford areas beginning on July 1, 1994. Oregon will be implementing 
biennial, test-only I/M programs which meet the requirements of EPA's 
performance standard and other requirements contained in the Federal I/
M rule in the applicable nonattainment counties. Testing will be 
performed by ODEQ. Other aspects of the Oregon I/M program include: 
testing of 20 year old vehicles in Medford and testing of 1975 and 
later vehicles in Portland, a test fee to ensure the State has adequate 
resources to implement the program, enforcement by registration denial, 
a repair effectiveness program, commitment to testing convenience, 
quality assurance, data collection, zero waiver rate, reporting, test 
equipment and test procedure specifications, commitment to ongoing 
public information and consumer protection programs, inspector training 
and certification, and penalties against inspector incompetence. An 
analysis of how the Oregon I/M program meets the Federal SIP 
requirements by section of the Federal I/M rule is provided below.

A. Applicability

    The SIP needs to describe the applicable areas in detail and, 
consistent with 40 CFR 51.372, needs to include the legal authority or 
rules necessary to establish program boundaries.
    Portland's I/M program, specified in Oregon's Revised Statutes 
(ORS) 815.300, is to be implemented in the Metropolitan Service 
District, incorporating portions of Clackamas, Multnomah and Washington 
Counties. The Medford I/M program described in Oregon's Administrative 
Rule (OAR) 340-24-301 is to be implemented in the Air Quality 
Maintenance Area which includes approximately 85 percent of the 
population of Jackson County. The legal authority for Oregon's EQC to 
establish geographic boundaries can be found in ORS 468A.390 and 
815.300.

B. Basic I/M Performance Standard

    The I/M programs provided for in the SIP are required to meet a 
performance standard for basic I/M for the pollutants that caused the 
affected area to come under I/M requirements. The performance standard 
sets an emission reduction target that must be met by a program in 
order for the SIP to be approvable. The SIP must also provide that the 
program will meet the performance standard in actual operation, with 
provisions for appropriate adjustments if the standard is not met.
    The State has submitted a modeling demonstration using the EPA 
computer model MOBILE 5a showing that the basic performance standard is 
met in both Portland and Medford.

C. Network Type

    The SIP needs to include a description of the network to be 
employed, the required legal authority, and, in the case of areas 
making claims for case-by-case equivalency, the required demonstration.
    Oregon has chosen to implement centralized, test-only basic I/M, 
programs which are managed and operated by the ODEQ. The Oregon I/M 
programs, in both Portland and Medford, operate fleet self-testing 
programs with oversight by ODEQ employees.
    Legal authority which is contained in ORS 468A.350 though 468A.415 
and OAR 340-24-100 through 340-24-355 authorizes the State to implement 
this program.

D. Adequate Tools and Resources

    The SIP needs to include a description of the resources that will 
be used for program operation, which includes: (1) A detailed budget 
plan which describes the source of funds for personnel, program 
administration, program enforcement, purchase of necessary equipment, 
and any other requirements discussed throughout, for the period prior 
to the next biennial self-evaluation required in Federal I/M rule; and 
(2) a description of personnel resources, the number of personnel 
dedicated to overt and covert auditing, data analysis, program 
administration, enforcement, and other necessary functions and the 
training attendant to each function.
    The I/M program as stipulated in ORS 468A.400 is funded solely by 
collection of fees from vehicle owners at the time of passing the I/M 
test. The current fee is $10 per certificate issued for ODEQ inspected 
vehicles and $5 each from certificates issued by fleets. The ODEQ 
operates the I/M program, including overseeing the construction of 
testing facilities, purchasing of testing equipment, development of 
testing procedures, actual testing of vehicles and oversight of program 
operations. Currently, none of the vehicle testing operations (expect 
self-inspecting fleet testing) is contracted to a source outside ODEQ.
    The SIP narrative also describes the budget, staffing support, and 
equipment needed to implement the program. The State expects to 
dedicate approximately 55 full-time employees to support the program.

E. Test Frequency and Convenience

    The SIP needs to include the test schedule in detail including the 
test year selection scheme if testing is other than annual. Also, the 
SIP needs to include the legal authority necessary to implement and 
enforce the test frequency requirement and explain how the test 
frequency will be integrated with the enforcement process.
    The Oregon I/M program requires biennial inspections for all 
subject motor vehicles (see ORS 468A.365). For new vehicles the first 
test is required for reregistration two years after initial 
registration. In addition all motor vehicles registered as government-
owned vehicles or gasoline powered heavy duty trucks are required to be 
certified annually.
    Since the inspection program has been operating in this manner 
since 1975 for Portland and 1986 for Medford, no special vehicle 
testing sequence scheme is required to accomplish a steady month-to-
month flow of vehicles. Short waiting times and short driving distances 
relating to network design are satisfactorily addressed in the SIP. The 
test stations are located such that approximately 85 percent of all 
motorists are within five miles of a test facility and 95 percent are 
within 12 miles of a facility. Monthly average waiting times range 
between 5 minutes and 12 minutes varying with station location and time 
of month.
    Statutory authority for testing and registration of used vehicles 
newly arriving into the I/M area is contained in ORS 803.400, 803.350 
and 803.415.

F. Vehicle Coverage

    The SIP needs to include a detailed description of the number and 
types of vehicles to be covered by the program, and a plan for how 
those vehicles are to be identified, including vehicles that are 
routinely operated in the area but may not be registered in the area. 
Also, the SIP needs to include a description of any special exemptions 
which will be granted by the program, and an estimate of the percentage 
and number of subject vehicles which will be impacted. Such exemptions 
need to be accounted for in the emission reduction analysis. In 
addition, the SIP needs to include the legal authority or rule 
necessary to implement and enforce the vehicle coverage requirement.
    The Portland program coverage includes all 1975 and newer model 
year light-duty cars and trucks and heavy-duty gasoline powered trucks, 
registered or required to be registered within the nonattainment areas 
and fleets primarily operated within an I/M program area. The Medford 
program covers the above vehicles 20 years old and newer. Vehicles will 
be identified through the State of Oregon's Driver and Motor Vehicle 
Services database.
    ODEQ will not test rental car agencies and private and public 
fleets that operate vehicles in the I/M areas, but whose fleets are not 
registered in the I/M areas. ODEQ estimates the quantity of fleet 
vehicles in this category to be approximately 10,000 vehicles. Federal 
fleet vehicles garaged in I/M areas are required to be tested. However, 
Federal vehicles registered to agencies based outside of the I/M 
program areas, but which are routinely operated within the program area 
will not be required to be tested. It is estimated that 100 Federal 
vehicles fall into this category. In addition, vehicles owned by 
Federal employees living outside the program areas, but working at 
Federal facilities inside the program areas with employee parking 
provided, will not be tested. It is estimated this will impact about 
250 vehicles. ODEQ will accept a reduction in associated emissions 
benefits in the Mobile 5A model. Private fleets and local government 
fleets are allowed to test their own vehicles. However, test records 
are tracked by the ODEQ and ODEQ employees visit fleet operations on a 
periodic basis to insure proper test procedures are used and testing 
equipment is properly calibrated. Fleet licenses can be removed if 
fleet operation does not meet standards.
    In addition, ODEQ has procedures for testing vehicles registered in 
an Oregon I/M area but temporarily driven in an I/M area of another 
state.

G. Test Procedures and Standards

    The SIP needs to include a description of each test procedure used. 
The SIP also needs to include the rule, ordinance or law describing and 
establishing the test procedures.
    The authority to establish test procedures and standards is 
contained in ORS 468A.365. The test procedures and test standards are 
specified in OAR 340-24-309 through 340-24-355. In the Portland I/M 
area all 1975 model and newer vehicles are subject to a two speed idle 
test. In Medford all 20 year old vehicles are subject to a two speed 
idle test. Vehicles 1981 and newer are required to pass both an idle 
and 2500 rpm emissions standards for CO and hydrocarbon. Subject 
vehicles with model years older than 1981 are not judged at the 2500 
rpm test point. All tested vehicles are given a second chance idle 
test.

H. Test Equipment

    The SIP needs to include written technical specifications for all 
test equipment used in the program and shall address each of the 
requirements in 40 CFR 51.358 of the Federal I/M rule. The 
specifications need to describe the emission analysis process, the 
necessary test equipment, the required features, and written acceptance 
testing criteria and procedures.
    The Oregon I/M SIP commits to meeting the California BAR 90 
accuracy standards. The Oregon SIP addresses the requirements in 40 CFR 
51.358 and includes descriptions of performance features and functional 
characteristics of the computerized test systems. The necessary test 
equipment, required features, and acceptance testing criteria are also 
contained in the SIP.

I. Quality Control

    The SIP needs to include a description of quality control and 
recordkeeping procedures. The SIP needs to include the procedures 
manual, rule, and ordinance or law describing and establishing the 
procedures of quality control and requirements.
    The Oregon I/M SIP narrative contains descriptions and requirements 
establishing the quality control procedures in accordance with the 
Federal I/M rule. These requirements will help ensure that equipment 
calibrations are properly performed and recorded as well as maintaining 
compliance document security.

J. Waivers and Compliance Via Diagnostic Inspection

    The SIP needs to include a maximum waiver rate expressed as a 
percentage of initially failed vehicles. This waiver rate needs to be 
used for estimating emission reduction benefits in the modeling 
analysis. Also, the state needs to take corrective action if the waiver 
rate exceeds that estimated in the SIP or revise the SIP and the 
emission reductions claimed accordingly. In addition, the SIP needs to 
describe the waiver criteria and procedures, including cost limits, 
quality assurance methods and measures, and administration. Lastly, the 
SIP shall include the necessary legal authority, ordinance, or rules to 
issue waivers, set and adjust cost limits as required, and carry out 
any other functions necessary to administer the waiver system, 
including enforcement of the waiver provisions.
    The Oregon I/M program does not allow vehicles to by-pass the test 
with waivers. All vehicles must be repaired and meet testing standards 
before a certificate is issued and registration can be accomplished.

K. Motorist Compliance Enforcement

    The SIP needs to provide information concerning the enforcement 
process, including: (1) A description of the existing compliance 
mechanism if it is to be used in the future and the demonstration that 
it is as effective or more effective than registration-denial 
enforcement; (2) an identification of the agencies responsible for 
performing each of the applicable activities in this section; (3) a 
description of and accounting for all classes of exempt vehicles; and 
(4) a description of the plan for testing fleet vehicles, rental car 
fleets, leased vehicles, and any other special classes of subject 
vehicles, e.g. those operated in (but not necessarily registered in) 
the program area. Also, the SIP needs to include a determination of the 
current compliance rate based on a study of the system that includes an 
estimate of compliance losses due to loopholes, counterfeiting, and 
unregistered vehicles. Estimates of the effect of closing such 
loopholes and otherwise improving the enforcement mechanism need to be 
supported with detailed analyses. In addition, the SIP needs to include 
the legal authority to implement and enforce the program. Lastly, the 
SIP needs to include a commitment to an enforcement level to be used 
for modeling purposes and to be maintained, at a minimum, in practice.
    The motorist compliance enforcement program will be implemented, in 
part, by the Oregon Drivers and Motor Vehicle Services Branch (DMV), 
which will take the lead in ensuring that owners of all subject 
vehicles are denied registration unless they provide valid proof of 
having received a certificate indicating they passed an emissions test. 
State and local police agencies have the authority to cite motorists 
with expired registration tags.
    The following vehicle types are exempt from the Oregon I/M program: 
All vehicle model years 1974 and older (in Portland), all vehicle model 
years older than 20 years (in Medford), electric vehicles, fixed load 
vehicles, apportioned plate vehicles, motorcycles, snowmobiles, and 
farm vehicles.
    Current compliance rates are estimated at 95 percent in the 
Portland I/M area and 90 percent in the Medford I/M area. The SIP 
commits to a level of motorist enforcement necessary to ensure a 
compliance rate of no less than 90 percent among subject vehicles in 
the Portland area and no less than 80 percent in the Medford I/M area. 
The legal authority to implement and enforce the program is included in 
ORS 468A.365 and 468A.385.

L. Motorist Compliance Enforcement Program Oversight

    The SIP needs to include a description of enforcement program 
oversight and information management activities.
    The ODEQ will periodically review the compliance rates of both the 
Portland and Medford area I/M programs via parking lot surveys.

M. Quality Assurance

    The SIP needs to include a description of the quality assurance 
program, and written procedures manuals covering both overt and covert 
performance audits, record audits, and equipment audits. This 
requirement does not include materials or discussion of details of 
enforcement strategies that would ultimately hamper the enforcement 
process.
    The Oregon I/M SIP includes a description of its quality assurance 
program. The program includes operation and progress reports and overt 
and covert audits of all emission inspectors and emission inspection. 
Overt audits will be conducted by the inspection unit supervisors who 
supervise the inspectors of the station to be audited. Covert vehicle 
audits will be conducted by contracted labor as drivers and inspection 
units supervisors will set-up vehicles and assemble audit trail 
records. Remote inspector audits will be performed by the inspection 
units supervisor who supervises that station or inspector. Procedures 
and techniques for overt and covert performance, record, and equipment 
audits will be given to auditors and updated as needed.

N. Enforcement Against Contractors, Stations and Inspectors

    The SIP needs to include the penalty schedule and the legal 
authority for establishing and imposing penalties, civil fines, license 
suspension, and revocations. In the case of state constitutional 
impediments to immediate suspension authority, the state Attorney 
General shall furnish an official opinion for the SIP explaining the 
constitutional impediment as well as relevant case law. Also, the SIP 
needs to describe the administrative and judicial procedures and 
responsibilities relevant to the enforcement process, including which 
agencies, courts, and jurisdictions are involved; who will prosecute 
and adjudicate cases; and other aspects of the enforcement of the 
program requirements, the resources to be allocated to this function, 
and the source of those funds. In states without immediate suspension 
authority, the SIP needs to demonstrate that sufficient resources, 
personnel, and systems are in place to meet the three day case 
management requirement for violations that directly affect emission 
reductions.
    Oregon Revised Statute 815.320 ``Unlawful certification of 
compliance with pollution control requirements; penalty'' describes 
that the unlawful certification of compliance with pollution control 
requirements is a class A misdemeanor. This statute would apply when an 
inspector is found to have intentionally improperly passed a vehicle 
that would not otherwise have been issued a Certificate of Compliance. 
The maximum penalty for a Class A misdemeanors is a $2,500 fine and/or 
a one year jail sentence. Additionally, Article 12 of the current 
collective bargaining agreement between ODEQ and American Federation of 
State, County and Municipal Employees Local 3336 (AFSCME) details the 
process for disciplining and discharging State employed vehicle 
emission inspectors. Oregon Administrative Rule 340-24-350 provides the 
inspector's license may be suspended, revoked or removed if the 
inspector fails to follow proper test procedures. This would include 
removal from testing duties for up to six months. However, Article 52 
of the ODEQ/AFSCME agreement requires that a State employed vehicle 
emission inspector shall be given at least fifteen calendar days notice 
before any permanent change of an inspector from one duty station to 
another.

O. Data Analysis and Reporting

    The SIP needs to describe the types of data to be collected. The 
Oregon I/M SIP provides reporting summary data based upon program 
activities taking place in the previous year. The report will provide 
statistics for the testing program, the quality control program, the 
quality assurance program, and the enforcement program. At a minimum, 
Oregon commits to address all of the data elements listed in 
Sec. 51.366 of the Federal I/M rule.

P. Inspector Training and Licensing or Certification

    The SIP needs to include a description of the training program, the 
written and hands-on tests, and the licensing or certification process.
    The Oregon I/M SIP provides for the implementation of training, 
certification, and refresher programs for emission inspectors. Training 
will include all elements required by 51.367(a) of the EPA I/M rule. 
All inspectors will be required to be certified to inspect vehicles in 
the Oregon I/M program.

Q. Improving Repair Effectiveness

    The SIP needs to include a description of the technical assistance 
program to be implemented, a description of the procedures and criteria 
to be used in meeting the performance monitoring requirements of this 
section for enhanced I/M programs, and a description of the repair 
technician training resources available in the community.
    The Oregon SIP commits the program's engineering and supervisory 
staff to continue to work with both motor vehicle owners and the 
automotive service industry regarding their vehicles failing to meet 
the exhaust emission levels. These direct contacts are normally either 
by telephone or person-to-person. Customers with vehicles that present 
unusual testing problems or situations are referred by the inspector 
staff to the program's field supervisors. If the problems cannot be 
resolved over the telephone, an appointment can be made to have a 
vehicle brought into the program's Technical Center for further 
testing.

IV. This Action

    The EPA is approving the Oregon I/M SIP (Section 3.1, OAR 340-24-
300 through 340-24-355; and section 5.4) as meeting the requirements of 
the CAAA and the Federal I/M rule. All required SIP items have been 
adequately addressed as discussed in this Federal Register action.

V. 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).
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective November 8, 1994, by October 11, 1994, adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective November 8, 1994.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air 
Act Amendments enacted on November 15, 1990. The EPA has determined 
that this action conforms with those requirements.
    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 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. The OMB has exempted this regulatory action from 
E.O. 12866 review.
    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 November 8, 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, 
Incorporation by reference, Reporting and recordkeeping requirements.

    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: July 15, 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 follws:

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

Subpart MM--Oregon

    2. Section 52.1970 is amended by adding paragraph (c) (109) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (109) On October 27, 1993, the Director of ODEQ submitted OAR 340-
24-307, Motor Vehicle Inspection Program Fee Schedule, as an amendment 
to the Oregon SIP. On November 15, 1993, the Director of ODEQ submitted 
Section 3.1, OAR 340-24-309 through 340-24-350 and section 5.4, Motor 
Vehicle Inspection and Maintenance Plan, as amendments to the Oregon 
SIP. On June 14, 1994 EPA's Regional Administrator, Chuck Clarke, 
received Section 3.1, OAR 340-24-309 through 340-24-355 and section 
5.4, Motor Vehicle Inspection and Maintenance Plan, from the Director 
of ODEQ as amendments to the Oregon SIP.
    (i) Incorporation by reference.
    (A) October 27, 1993 letter from the Director of ODEQ to the 
Regional Administration of EPA submitting a revision to the Oregon SIP, 
Motor Vehicle Inspection Program Fee Schedule.
    (B) November 15, 1993 letter from the Director of ODEQ to the 
Regional Administrator of EPA submitting revisions to the Oregon SIP, 
Vehicle Inspection and Maintenance Program.
    (C) June 13, 1994 letter from the Director of ODEQ to the Regional 
Administrator of EPA submitting revisions to the Oregon SIP, Vehicle 
Inspection and Maintenance Program.
    (D) Oregon's Motor Vehicle Inspection Program Fee Schedule, OAR 
340-24-307, adopted by the Environmental Quality Commission on January 
29, 1993.
    (E) Oregon's Vehicle Inspection and Maintenance Program, OAR 340-
24-309, 310, 315, 320, 330, 335, 340, 350, and Volume 2 Section 5.4, 
Motor Vehicle Inspection and Maintenance Plan, adopted by the 
Environmental Quality Commission on October 29, 1993.
    (F) Oregon's Vehicle Inspection and Maintenance Program, Section 
3.1, OAR 340-24-300 through 340-24-355, and Section 5.4, adopted by the 
Environmental Quality Commission on June 3, 1994.
[FR Doc. 94-22242 Filed 9-8-94; 8:45 am]
BILLING CODE 6560-50-F