[Federal Register Volume 62, Number 96 (Monday, May 19, 1997)]
[Rules and Regulations]
[Pages 27204-27209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12919]



[[Page 27204]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WA 63-7138; WA58-7133; OR57-7272; FRL-5824-1]


Approval and Promulgation of State Implementation Plans and 
Redesignation of Areas for Air Quality; Planning Purposes: States of 
Washington and Oregon

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is redesignating the 
Portland/Vancouver (Pdx/Van) interstate nonattainment area to 
attainment for the ozone (O3) air quality standard and 
approving a Maintenance Plan that will insure that the area remains in 
attainment. Under the Clean Air Act, as amended in 1990 (the CAA), 
designations can be revised if sufficient data are available to warrant 
such revisions and the request to redesignate shows that all of the 
requirements of section 107(d)(E)(3) of the CAA have been met. EPA is 
approving the Washington and Oregon Maintenance Plans and other 
redesignation submittals because they meet the Maintenance Plan and 
redesignation requirements, and will ensure that the area remains in 
attainment. The approved Maintenance Plans will become a federally 
enforceable part of the Oregon and Washington State Implementation 
Plans (SIPs). In this action, EPA is also approving the Washington and 
Oregon 1990 baseline emission inventories for this area, revisions to 
the approved Inspection and Maintenance (I/M) SIPs of both States, and 
a number of other O3 supporting revisions to both SIPs.

DATES: June 18, 1997.

ADDRESSES: Copies of the States' redesignation requests and other 
information supporting this action are available for inspection during 
normal business hours at the following locations: EPA, Office of Air 
Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 98101, and at 
the States' offices: Washington Department of Ecology, P.O. Box 47600, 
Olympia, WA 98504-7600, and Oregon Department of Environmental Quality, 
811 SW Sixth Avenue, Portland, OR 97204-1390.
    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, D.C. 20460, as well as the 
above addresses.

FOR FURTHER INFORMATION CONTACT: Sue Ennes, Office of Air Quality (OAQ-
107), EPA, Seattle, Washington, (206) 553-6249.

SUPPLEMENTARY INFORMATION:

I. Background

    The Oregon Department of Environmental Quality (ODEQ) and the 
Washington Department of Ecology (WDOE) submitted Maintenance Plans and 
requested redesignation of the Pdx/Van interstate nonattainment area 
from nonattainment to attainment for O3. The SIP revision 
requests were submitted by the WDOE on June 13, 1996, and by ODEQ on 
August 30, 1996. No tribal lands are within the Maintenance Plan area 
nor have any tribal lands been identified as being affected by the 
Maintenance Plans.
    The Pdx/Van air quality maintenance area (AQMA) was designated an 
interstate O3 nonattainment area in 1978 under the 1977 CAA. 
On November 15, 1990, the CAA Amendments of 1990 were enacted (Pub. L. 
101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). Under 
section 181(a)(1) of the CAA, the area was further classified as a 
``marginal'' O3 nonattainment area, and an attainment 
deadline of November 15, 1993, was established. This interstate 
nonattainment area consists of the southern portion of Clark County, 
Washington, and portions of Multnomah, Clackamas, and Washington 
Counties in Oregon.
    The AQMA has ambient monitoring data that show no violations of the 
O3 national ambient air quality standards (NAAQS) during the 
period of 1991 to the present. The WDOE and ODEQ provided these 
monitoring data and modeling and emissions data to support their 
redesignation request. On March 7, 1997, EPA proposed to approve the 
WDOE's and ODEQ's requested redesignation. In its notice of proposed 
approval and redesignation, EPA reviewed in detail the submittals it 
was considering as the basis for its proposed actions.

II. Response To Comments

    The following comments were received during the public comment 
period ending April 7, 1997. EPA's response follows each comment.
    (1) Comment: The commenter asserted that, while the Maintenance 
Plan for Clark County relies heavily on expanding the automobile 
inspection area, there are no data on hand to support a theory that 
auto emissions from that expanded area are significant contributors to 
high ozone events.
    Response: EPA has reviewed the Vancouver portion of the Pdx/Van 
O3 Redesignation Request/Maintenance Plan and believes that 
the Southwest Air Pollution Control Authority (SWAPCA) has a reasonable 
basis for deciding to expand the maintenance area. EPA notes that the 
expansion of the automobile inspection testing into Northern Clark 
County is only one of several parts of the Vancouver Maintenance Plan. 
Emission reductions are also being obtained from the approximately 
170,000 vehicles in southern Clark County by: switching to a more 
sophisticated emission test procedure (known as ASM) (setting ASM 
standards for exhaust emissions will result in an enhanced ability to 
identify polluting vehicles); gasoline cap leak checks; stage I and II 
vapor controls on gasoline vapors; application of the EPA national off-
road engine rule; Volatile Organic Compound (VOC) Area Source rules 
targeting emissions from consumer products, architectural and 
industrial maintenance coatings, and autobody refinishing; and phase-
out of open burning. Also, new industry or existing industry 
modifications will continue to be subject to Best Available Control 
Technology (BACT) and will still be subject to these controls under the 
O3 Maintenance Plan.
    SWAPCA has provided the following Census data to support the 
expanded boundary portion of the Vancouver Maintenance Plan. The 1990 
U.S. Census commuter statistics outlined below demonstrate North Clark 
County motor vehicles are contributing to the air pollution problem:

--51.9% (5,046 citizens) of Battle Ground zipcode residents who are 
employed commute to the City of Vancouver and Portland for their work;
--65.3% (1,162 citizens) of Brush Prairie zipcode residents who are 
employed commute to the City of Vancouver and Portland for their work;
--58.4% (2,816) of Ridgefield zipcode residents who are employed 
commute to the City of Vancouver and Portland for their work; and
--42.5% (2,185) of La Center zipcode residents who are employed commute 
to the City of Vancouver and Portland for their work.

    EPA also notes that SWAPCA's decision to expand the automobile 
maintenance area was made after SWAPCA had followed the public 
participation requirements that are established under State law and 
meet the requirements of the CAA.

[[Page 27205]]

    (2) Comment: The same commenter on the Vancouver Maintenance Plan 
wrote that, when the vast amount of naturally occurring VOCs are taken 
into account, it should be obvious that nitrogen oxides 
(NOX) are the critical factor and that the large industrial 
sources of that compound must be considered. Because the commenter 
believes it would cost less to equip industrial sources with 
NOX controls than to extend the auto test area for an equal 
O3 reduction, the commenter believes that the Maintenance 
Plan is designed to favor industry at public expense.
    Response: Information provided by SWAPCA to EPA shows that cars 
make up about 35% of the VOC emissions and over 50% of the 
NOX emissions in the nonattainment area. The portion of 
vehicle miles travelled (VMT) in the nonattainment area which comes 
from North Clark County cars is 15%, which is substantial. SWAPCA 
believes that targeting these emissions with an expansion of the I/M 
program will reduce emissions by approximately 180 tons/year of VOCs 
and 150 tons/year of NOX, and will result in an additional 
30,000 vehicles being tested every two years.
    The documentation utilized by SWAPCA supports its views that 
additional NOX controls on industry are not as cost 
effective as those being proposed in the Maintenance Plan ($2,500-
$7,000/ton for industrial NOX control versus $100-$2000/ton 
for a vehicle inspection program.) The CAA also targets larger 
industrial sources with new permitting requirements. Therefore, 
industry will still be required to complete BACT for any new sources or 
modification. Information submitted by SWAPCA also shows that emissions 
from naturally occurring VOCs were taken into account and that 
controlling NOX emissions was considered. SWAPCA anticipates 
there will be NOX reductions from the improved vehicle 
inspection program, from continuance of BACT for industrial sources, 
and from the EPA non-road engine rule for nonroad sources.
    (3) Comment: A commenter requested that EPA not approve the 
Vancouver Maintenance Plan until SWAPCA modifies the emission inventory 
contained in the plan and EPA revises its guidance dealing with 
projection inventories contained in Section 3.2.3 of ``Emission 
Inventory Requirements for Ozone State Implementation Plans.'' This 
comment concerns SWAPCA's decision to not include future emissions from 
certain major emitters in the Longview area, although prior 
correspondence from EPA stated that those sources must be included 
because they are within 25 miles of the boundary of the nonattainment 
area. SWAPCA added them to the 1992 base inventory, but the commenter 
asserts SWAPCA did not include projections of those emissions through 
the 10 year maintenance period because it is not expressly required by 
EPA's guidance. The commenter wrote that the Weyerhaueser and Longview 
Fibre pulp mills in Longview, Washington, are the largest emitters of 
NOx and VOCs in the area, and their emissions are growing as their new 
expansions come on stream. In addition, the prevailing winds in the 
summer blow directly from these plants toward Vancouver. The commenter 
believes that it is a gross distortion of the projected inventories to 
exclude them and it has resulted in the application of controls to 
other much smaller emitters that are not equitable. The commenter also 
requested that EPA postpone reclassification of the Pdx/Van area until 
these changes are made.
    Response: EPA believes the issue raised in this comment has been 
appropriately addressed by SWAPCA in the Vancouver portion of the 
O3 Maintenance Plan. Furthermore, EPA does not believe there 
is any basis to delay action on these SIP revisions and 
reclassification of this area until revision of the applicable 
guidance.
    For reclassification of the Pdx/Van area, a marginal O3 
nonattainment area, EPA requires completion of an emission inventory. 
The emission inventory approach is defined as calculating the emissions 
within the nonattainment area plus industrial source emissions (greater 
than 100 tons per year) that are within a 25 mile radius. The Longview 
sources were included in the 1992 emission inventory for point sources 
in Appendix D of the Vancouver portion of the O3 Maintenance 
Plan.
    EPA also requires that the Maintenance Plan project emissions to 
demonstrate the NAAQS for O3 will be maintained for a 10 
year period after redesignation. More detailed computer modeling 
required to justify redesignation decisions in severe O3 
nonattainment areas is not necessary to support redesignation of a 
marginal area.
    In deciding to not include the sources cited by the commenter in 
the Maintenance Plan projections, SWAPCA reasonably relied on a 
preliminary screening model to conclude that these sources contribute 
between 1% to 10% of their emissions to the nonattainment area. SWAPCA 
decided to wait for the results of ``future studies'' before 
determining whether additional control measures are needed on these 
sources to maintain healthy air in Clark County. In reference to the 
wind direction issue, SWAPCA's information indicates that the closest 
meteorological station to Vancouver is the Portland International 
Airport. However, SWAPCA is concerned that the data from the Portland 
International Airport are not representative of the entire Vancouver 
area. A review of available windspeed data on high O3 days 
by SWAPCA and ODEQ indicates wind speeds are not uniform throughout the 
day in the Pdx/Van area. Also, winds travel at different speeds and 
directions at different altitudes. Modeling of air pollution impacts 
would need to consider these factors as well as the height of the 
stacks and plumes from point sources. In the fall of 1996, a local 
meteorological station was installed in Vancouver which will better 
help SWAPCA to anticipate inversion conditions. In the Pdx/Van 
Redesignation Request/Maintenance Plan, SWAPCA committed to completing 
``future studies'' to estimate the contribution of emissions from these 
sources to the Pdx/Van O3 area. Additional O3 and 
NOx monitors have been purchased which were to be operational by May 1, 
1997. As these data are collected and additional funding is obtained 
for the modeling efforts, SWAPCA expects it will be possible to address 
the issue raised by this comment using sound scientific data.
    EPA also notes that, if the Weyerhaeuser and Longview Fibre pulp 
mills in Longview expand, they will undergo Prevention of Significant 
Deterioration (PSD) review which evaluates BACT and also will conduct 
an ambient impact analysis to ensure that the NAAQS and PSD increment 
will not be violated.
    EPA will not agree to delay the approval of the Maintenance Plan 
and the redesignation of this area to attainment. Under Title I of the 
CAA, Congress established a system of state and federal cooperation. 
EPA is required to establish the NAAQS, i.e., the level at which air 
quality is determined to be protective of human health. However, the 
States take the primary lead in determining the measures necessary to 
attain and maintain the NAAQS. These measures are incorporated into the 
SIP. The CAA requires EPA to approve a SIP submission that meets the 
requirements of the CAA. If the State fulfills its obligations in 
developing a SIP that meets the requirements of the CAA, EPA has no 
authority to supplement or revise that plan with a federal 
implementation plan. Because the States have submitted a Maintenance 
Plan that complies with the CAA, EPA must approve the

[[Page 27206]]

Maintenance Plan under section 110(k)(3). Furthermore, since the States 
have met the redesignation requirements to demonstrate that the air 
quality meets the NAAQS, EPA believes the air quality is sufficient to 
protect the public health and, therefore, EPA cannot reject the 
redesignation request on this basis. Since the States submitted 
Maintenance Plans and Redesignation Requests that comply with the Act, 
and there is no issue about whether the States have the authority to 
implement the measures included in the submission, EPA has no basis for 
modifying the State's selection of the measures in the Maintenance 
Plan.
    (4) Comment: The United Associated of Fitters and Apprentices, 
Local #290 objected to the EPA approvals of the revisions to the Oregon 
SIP because, under Oregon law, Local #290 has no legal standing to 
represent the rights of their members in judicial proceedings involving 
ODEQ permits. This comment asserts that EPA's delegation of CAA 
enforcement, from EPA to Oregon ODEQ, ``is premised on ODEQ's allowing 
individuals to exercise their constitutionally-granted representational 
rights, for groups to which they belong, to appeal DEQ's decisions, 
including but not limited to DEQ permits issued under the Clean Air 
(and Clean Water) Acts.'' Because Local #290 believes that ODEQ does 
not allow a group such as Local #290 to seek judicial review of a 
permit issued by ODEQ, it vehemently objects to EPA granting any 
further delegated authority to enforce the CAA and Clean Water Act. 
Furthermore, Local 290 asks that EPA rescind any existing 
delegations of CAA enforcement authority, unless and until ODEQ grants 
groups in Oregon the legal standing to represent the rights of their 
members in judicial proceedings involving ODEQ permits.
    Response: This comment is not relevant to the actions EPA is taking 
in this notice. Title I of the CAA, which establishes requirements for 
SIPs and designation actions, contains no provisions governing judicial 
review of permits issued by a State. EPA finds that ODEQ has met the 
public participation requirements of Title I of the CAA. Therefore, EPA 
does not agree to delay its actions on the SIP revisions that are the 
subject of this notice or to delay its redesignation to attainment of 
the Pdx/Van O3 area for the reason cited by the commenter. 
However, EPA is pursuing the matter of Oregon's judicial review in the 
context of Title V of the CAA, which requires that a State provide 
judicial review of its actions. For purposes of ODEQ's Title V program, 
which EPA has approved, EPA will evaluate whether State law meets the 
requirements of the CAA.

III. Final Action

    EPA is redesignating to attainment the Portland, Oregon; and 
Vancouver, Washington, interstate O3 area because ODEQ and 
WDOE have demonstrated compliance with the requirements of section 
107(d)(3)(E) for redesignation. EPA is approving the Portland and 
Vancouver O3 Maintenance Plans as meeting the requirements 
of the CAA, including the requirements set forth in EPA regulations and 
guidance.
    EPA also is approving the 1990 O3 Emission Inventories, 
changes to the New Source Review (NSR) programs, regulations 
implementing the hybrid low enhanced I/M programs, an expanded vehicle 
inspection boundary, minor Reasonably Available Control Technology 
(RACT) rule changes (Vancouver only), Employee Commute Options rule 
(Portland only), Voluntary Parking Ratio rule (Portland only), Plant 
Site Emission Limits (PSEL) management rules (Portland only), and local 
area source supporting rules.
    EPA notes that, as part of its SIP submission, Oregon and 
Washington included adequate backup plans for contingencies to ensure 
continued attainment of the NAAQS and to meet the emission reduction 
targets of the submittals approved today. For example, the contingency 
plans for both states provide assurances that contingency measures will 
be adopted within 12 months after a violation of the NAAQS occurs and 
implemented within a specified period of time. Similarly, if Oregon's 
Voluntary Parking Ratio or the Public Education and Incentive programs 
fail to achieve emission reductions equal to the target set in the 
Maintenance Plan, ODEQ has furnished a commitment to adopt backup 
measures by a date certain. EPA finds that there is adequate assurance 
that the planned emission reductions will be achieved and they are 
therefore approved for credit in the Maintenance Plan. Additional 
regulations specific to Washington only and Oregon only are described 
below.

Washington

    The regulations EPA is approving now for the Vancouver, Washington, 
portion are found in the following. EPA is approving only those changes 
to SWAPCA's NSR rules that relate to the new maintenance area NSR 
provisions and EPA will be taking action on the remaining portions of 
the December 11, 1996, NSR submittal in a separate action.

--SWAPCA 400 ``General Regulations for Air Pollution Sources'' 400-030 
Definitions (except for the second sentence of subsections (14) and 
(49), and subsection (84)), -101 Sources Exempt from Registration 
Requirements, -109 Notice of Construction Application (except 
subsections (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i)), -110 New 
Source Review, -111 Requirements for Sources in a Maintenance Area, -
112 Requirements for new Sources in Nonattainment Areas, -113 
Requirements for New Sources in Attainment or Nonclassifiable Areas, -
114 Requirements for Replacement or Substantial Alteration of Emission 
Control Technology at an Existing Stationary Source, -116 Maintenance 
of Equipment, and -190 Requirements for Nonattainment Areas.
--SWAPCA 490 ``Emission Standards and Controls for Sources Emitting 
Volatile Organic Compounds'' 490-010 Policy and Purpose, -020 
Definitions, -025 General Applicability, -030 Registration and 
Reporting, -040 Requirements, -080 Exceptions and Alternative Methods, 
-090 New Source Review, -200 Petroleum Refinery Equipment Leaks, -201 
Petroleum Liquid Storage in External Floating Roof Tanks, -202 Leaks 
from Gasoline Transport Tanks and Vapor Collection Systems, -203 
Perchloroethylene Dry Cleaning Systems, -204 Graphic Arts Systems, -205 
Surface Coating of Miscellaneous Metal Parts and Products, -207 Surface 
Coating of Flatwood Paneling, -208 Aerospace Assembly and Component 
Coating.
--SWAPCA 491 ``Emission Standards and Controls for Sources Emitting 
Gasoline Vapors'' 491-010 Policy and Purpose, -015 Applicability, -020 
Definitions, -030 Registration, -040 Gasoline Vapor Control 
Requirements (Stage I and II), -050 Failures, Certification, Testing 
and Recordkeeping, -060 Severability.
--SWAPCA 493 ``VOC Area Source Rules'' 493-100 Consumer Products 
(Reserved), -200-010 Applicability, -020 Definitions, -030 Spray Paint 
Standards and Exemptions, -040 Requirements for Manufacture, Sale and 
Use of Spray Paint, -050 Recordkeeping and Reporting Requirements, -060 
Inspection and Testing Requirements, 493-300-010 Applicability, -020 
Definitions, -030 Standards, -040 Requirements for Manufacture, Sale 
and Use of Architectural Coatings, -050 Recordkeeping and Reporting 
Requirements, -060 Inspection and Testing Requirements, -400-010

[[Page 27207]]

Applicability, -020 Definitions, -030 Coating Standards and Exemptions, 
-040 Requirements for Manufacture and Sale of Coatings, -050 
Requirements for Motor Vehicle Refinishing in Vancouver AQMA, -060 
Recordkeeping and Reporting Requirments, -070 Inspection and Testing 
Requirements, -500-010 Applicability, -020 Compliance Extensions, -030 
Exemption From Disclosure to the Public, -040 Future Review.

    The amendments to SWAPCA 400, 490, and 491 became State-effective 
on November 21, 1996. The amendments to SWAPCA 493 became State-
effective on May 25, 1996.
    EPA also approves the Washington I/M SIP revision (WAC 173-422, 
sections -030, -050, -060, -070, -170, and -190), which was adopted by 
the State on November 9, 1996.

Oregon

    For the Portland, Oregon, portion, EPA approves the following 
regulations.

--OAR 340-028 ``New Source Review'' 340-020-0047 State of Oregon Clean 
Air Act Implementation Plan, -028-0110 Definitions, -1900 
Applicability, -1910 Procedural Requirements, -1920 Review of New 
Sources and Modifications for Compliance with Regulations, -1930 
Requirements for Sources in Nonattainment Areas, -1935 Requirements for 
Sources in Maintenance Areas, -1940 Prevention of Significant 
Deterioration Requirements for Sources in Attainment or Unclassified 
Areas, -1960 Baseline for Determining Credit for Offsets, -1970 
Requirements for Net Air Quality Benefit, -2000 Visibility Impact, -
030-0111 Emissions Offsets. State-effective date November 26, 1996.
--OAR 340-022 ``Stage II Vapor Recovery Regulations'' 022-0400 Purpose, 
-0401 Definitions, -0402 General Provisions, -0403 Compliance 
Schedules. State-effective date August 14, 1996.
--OAR 340-022 ``Area Source VOC Regulations'' 022-0700 Motor Vehicle 
Refinishing Applicability, -0710 Definitions, -0720 Coating Standards 
and Exemptions, -0730 Requirements for Manufacture and Sale of 
Coatings, -0740 Requirements for Motor Vehicle Refinishing in Portland 
AQMA, -0750 Recordkeeping and Reporting Requirements, -0760 Inspection 
and Testing Requirements, -0800 Consumer Products Applicability, -0810 
Definitions, -0820 Consumer Products Standards and Exemptions, -0830 
Requirements for Manufacture and Sale of Consumer Products, -0840 
Innovative Products, -0850 Recordkeeping and Reporting Requirements, -
0860 Inspection and Testing Requirements, -0900 Spray Paint 
Applicability, -0910 Definitions, -0920 Spray Paint Standards and 
Exemptions, -0930 Requirements for Manufacture, Sale and Use of Spray 
Paint, -0940 Recordkeeping and Reporting Requirements, -0950 Inspection 
and Testing Requirements, -1000 Architectural Coatings Applicability, -
1010 Definitions, -1020 Standards, -1030 Requirements for Manufacture, 
Sale and Use of Architectural Coating, -1040 Recordkeeping and 
Reporting Requirements, -1050 Inspection and Testing Requirements, -
1100 Area Source Common Provisions Applicability, -1110 Compliance 
Extensions, -1120 Exemption from Disclosure to the Public, -1130 Future 
Review. State-effective date August 14, 1996.

    EPA also approves the Industrial Emissions Management Program 
Regulations (OAR 340-030-0700 through -340-030-0740); Employee Commute 
Options Program Regulations (OAR 340-030-0800 through -340-030-1080); 
Voluntary Maximum Parking Ratios Program Regulations (OAR 340-030-1100 
through -340-030-1190). The above three amendments to the OAR became 
State-effective on August 14, 1996. The following three amendments 
became State-effective on August 19, 1996: Definitions of Boundaries 
(OAR 340-031-0500); Nonattainment Areas (OAR 340-031-0520); Maintenance 
Areas (OAR 340-031-0530).
    EPA approves the amendment to Oregon's Motor Vehicle Inspection and 
Maintenance Area Boundary (OAR 340-024-0301), effective August 12, 
1996. EPA approves the Oregon I/M revisions to OAR 340-24-0100, -0300, 
-0305, -0306, -0307, -0308, -0309, -0312, -0314 (with the exception of 
all language in (4)(a) referring to a ``sixth hill extrapolation''), -
0318, -0320, -0325, -0330, -0332, -0335, -0337, -0340, -0355, -0357, 
and -0360, State effective on November 26, 1996. EPA also approves the 
deletion of OAR 340-24-0310, -0315, and -0350, State effective on 
November 26, 1996.
    During EPA's review of a SIP revision involving Oregon's statutory 
authority, a problem was detected which affected the enforceability of 
point source permit limitations. Even though the SIP does not contain 
additional point source controls to attain the standard, existing and 
federally approved point source emission limitations are relied upon to 
maintain and demonstrate attainment with the O3 NAAQS. EPA 
determined that, because the five-day advance notice provision required 
by ORS.126(1) (1991) bars civil penalties from being imposed for 
certain permit violations, ORS 468 fails to provide the adequate 
enforcement authority the State must demonstrate to obtain SIP 
approval, as specified in Section 110 of the CAA and 40 CFR 51.230. 
Accordingly, the requirement to provide such notice would preclude 
federal approval of a O3 nonattainment area SIP revision. 
EPA notified Oregon of the deficiency. To correct the problem, the 
Governor of Oregon signed into law new legislation amending ORS 468.126 
on September 3, 1993. This amendment added paragraph 468.126(2)(e) 
which provides that the five-day advance notice required by ORS 
468.126(1) does not apply if the notice requirement will disqualify the 
State's program from federal approval or delegation. ODEQ responded to 
EPA's understanding of the application of 468.126(2)(e) and agreed 
that, if federal statutory requirements preclude the use of the five-
day advance notice provision, no advance notice will be required for 
violations of SIP requirements contained in permits.
    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 any SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989, (54 FR 2214-2225), as revised by 
a July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    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

[[Page 27208]]

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 
Clean Air Act 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, the 
Administrator certifies 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 flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of State action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    Redesignation of an area to attainment under section 107(d)(3)(E) 
of the CAA does not impose any new requirements on small entities. 
Redesignation is an action that affects the status of a geographical 
area and does not impose any regulatory requirements on sources. The 
Administrator certifies that the approval of the redesignation request 
will not affect a substantial number of small entities.

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under Section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted on by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial 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 July 18, 1997. 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).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: April 30, 1997.
Chuck Clarke,
Regional Administrator.
    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)(120) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (120) The Oregon Department of Environmental Quality (ODEQ) and the 
Washington Department of Ecology (WDOE) submitted Maintenance Plans 
that demonstrate continued attainment of the NAAQS for O3 
and requested redesignation of the Pdx/Van interstate nonattainment 
area from nonattainment to attainment for O3. The SIP 
revision requests were submitted by the WDOE on June 13, 1996, and by 
ODEQ on August 30, 1996. A number of other O3 supporting 
revisions were included in this submittal, such as: the 1990 
O3 Emission Inventories; changes to the NSR programs; 
regulations implementing the hybrid low enhanced I/M programs; an 
expanded vehicle inspection boundary; minor RACT rule changes 
(Vancouver only); Employee Commute Options rule (Portland only); 
Voluntary Parking Ratio rule (Portland only); PSEL management rules 
(Portland only); and local area source supporting rules. 
    (i) Incorporation by reference.
    (A) Ozone Maintenance Plan and Redesignation Request for the 
Portland/Vancouver AQMA (Oregon Portion) effective August 14, 1996.
    (B) Oregon Inspection and Maintenance SIP revision to Section 5.4; 
OAR 340-024-0100, -0300, -0305, -0306, -0307, -0308, -0309, -0312 (with 
the exception of all language in (4) (a) referring to a ``sixth hill 
extrapolation''), -0314 , -0318, -0320, -0325, -0330, -0332, -0335, -
0337, -0340, -0355, -0357, and -0360, State effective on November 26, 
1996.
    (C) New Source Review: OAR 340-020-0047; OAR 340-028-0110, 1900 
through 1940, 1960, 1970, and 2000; OAR 340-030-0111, State effective 
on November 26, 1996.
    (D) Supporting Regulations approved as part of the Ozone non-
attainment redesignation package: OAR 340-022-0400, -0401, -0402, -
0403, -0700, -0710, -0720, -0730, -0740, -0750, -0760, -0800, -0810, -
0820, -0830, -0840, -0850, -0860, -0900, -0910, -0920, -0930, -0940, -
0950, -1000, -1010, -1020, -1030, -1040, -1050, -1100, -1110, -1120, -
1130, State effective on 8/14/96; OAR 340-024-0301, State effective on 
8/12/96; OAR 340-030-0700, -0710, -0720, -0730, -0740, -0800, -0810, -
0820, -0830, -0840, -0850, -0860, -0870, -0880, -0890, -0900, -0910, -
0920, -0930, -0940, -0950, -0960, -0970, -0980, -0990, -1000, -1010, -
1020, -1030, -1040, -1050, -1060, -1070, -1080, -1100, -1110, -1120, -
1130, -1140, -1150, -1160, -1170, -1180, -1190, State effective on 8/
14/96; and OAR 340-031-0500, -0520, -0530, State effective on 8/19/96.

[[Page 27209]]

Subpart WW--Washington

    3. Section 52.2470 is amended by adding paragraph (c) (72) to read 
as follows:


Sec. 52.2470  Identification of plan.

* * * * *
    (c) * * *
    (73) The Washington Department of Ecology (WDOE) and the Oregon 
Department of Environmental Quality (ODEQ) submitted Maintenance Plans 
that demonstrate continued attainment of the NAAQS for O3 
and requested redesignation of the Pdx/Van interstate nonattainment 
area from nonattainment to attainment for O3. The SIP 
revision requests were submitted by the WDOE on June 13, 1996, and by 
ODEQ on August 30, 1996. A number of other O3 supporting 
revisions are included in this submittal they are: the 1990 
O3 Emission Inventories; changes to the NSR programs; 
regulations implementing the hybrid low enhanced I/M programs; an 
expanded vehicle inspection boundary; minor RACT rule changes 
(Vancouver only); Employee Commute Options rule (Portland only); 
Voluntary Parking Ratio rule (Portland only); PSEL management rules 
(Portland only); and local area source supporting rules.
    (i) Incorporation by reference.
    (A) Vancouver, Washington Ozone Maintenance Plan and Redesignation 
Request--state adopted June, 17, 1996.
    (B) Washington Inspection and Maintenance SIP revision WAC 173 422-
030, -050, -060, -070, -170, -190--State adopted November 9, 1996.
    (C) NSR: SWAPCA 400-030 (except for the second sentence of 
subsections (14) and (49), and subsection (84)), 101, 109 (except 
subsections (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i)), 110, 111, 112, 
113, 114, 116, and 190, effective November 21, 1996.
    (D) Supporting Rules.
    (1) SWAPCA 491-010, -015, -020, -030, -040, -050, -060,--State-
effective on November 1, 1996.
    (2) SWAPCA 490-010, -020, -025, -030, -040, -080, -090, -200, -201, 
-202, -203, -204, -205, -207, -208--State effective November 21, 1996.
    (3) SWAPCA 493-100, 493-200-010, -020, -030, -040, -050, -060, 493-
300-010, -020, -030, -040, -050, -060, 493-400-010, -020, -030, -040, -
050, -060, -070, 493-500-010, -020, -030, -040,--State effective May 
26, 1996.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

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

    2. In Sec. 81.338, the table entitled ``Oregon-Ozone'' is amended 
by revising the entry for the ``Portland-Vancouver AQMA Area'' to read 
as follows:


Sec. 81.338  Oregon.

* * * * *

                                                  Oregon--Ozone                                                 
----------------------------------------------------------------------------------------------------------------
                                                         Designation                     Classification         
               Designated area                ------------------------------------------------------------------
                                                  Date 1           Type           Date 1            Type        
----------------------------------------------------------------------------------------------------------------
Portland-Vancouver AQMA Area.................  ...........  Attainment.......  ...........  ....................
    Air Quality Maintenance Area                                                                                
        Clackamas County (part)                                                                                 
        Multnomah County (part)                                                                                 
        Washington County (part)                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------
 \1\This date is November 15, 1990, unless otherwise noted.                                                     
                                                                                                                
*      *      *      *      *      *                                                                            

    3. In Sec. 81.348 the table entitled, ``Washington-Ozone'' is 
amended by revising the entry for the ``Portland--Vancouver AQMA Area'' 
to read as follows:


Sec. 81.348  Washington.

* * * * *

                                                Washington--Ozone                                               
----------------------------------------------------------------------------------------------------------------
                                                         Designation                     Classification         
               Designated area                ------------------------------------------------------------------
                                                  Date 1           Type           Date 1            Type        
----------------------------------------------------------------------------------------------------------------
Portland-Vancouver AQMA Area.................  ...........  Attainment.......  ...........  ....................
    Clark County (part)                                                                                         
        Air Quality Maintenance Area                                                                            
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------
 \1\This date is November 15, 1990, unless otherwise noted.                                                     
                                                                                                                

*      *      *      *      *
[FR Doc. 97-12919 Filed 5-16-97; 8:45 am]
BILLING CODE 6560-50-P