[Federal Register Volume 62, Number 169 (Tuesday, September 2, 1997)]
[Rules and Regulations]
[Pages 46208-46211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23227]



[[Page 46208]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[OR 56-7271; FRL-5884-4]


Approval and Promulgation of State Implementation Plans and 
Designation of Areas for Air Quality Planning Purposes: State of Oregon

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is redesignating the 
Portland, Oregon nonattainment area to attainment for the carbon 
monoxide (CO) national ambient air quality standard (NAAQS) and 
approving a maintenance plan that will insure that the area remains in 
attainment. Under the Clean Air Act (CAA) as amended in 1990, 
designations can be revised if sufficient data is available to warrant 
such revisions. In this action, EPA is approving the Oregon Department 
of Environmental Quality's (DEQ's) request because it meets the 
redesignation requirements set forth in the CAA. As part of this 
action, EPA is approving two related State Implementation Plan (SIP) 
revisions: the 1990 base year emissions inventory, as meeting the 
requirements of section 187(a)(1) of the CAA; and the 1991 attainment 
year emissions inventory, as meeting the periodic inventory 
requirements of section 187(a)(5) of the CAA.

DATES: This rule is effective as of October 2, 1997.

ADDRESSES: Copies of Oregon's redesignation request 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 
the Oregon Department of Environmental Quality, 811 SW 6th Avenue, 
Portland, Oregon 97204-1390, telephone (503) 229-5696.
    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: William M. Hedgebeth, Office of Air 
Quality (OAQ-107), EPA, Seattle, Washington, (206) 553-7369.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 15, 1991, the Governor of Oregon recommended that the 
Portland portion of the Portland-Vancouver Air Quality Maintenance Area 
be designated as nonattainment for CO as required by section 
107(d)(1)(A) of the 1990 Clean Air Act Amendments (CAAA) (Pub. L. 101-
549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671(q)). The area was 
designated nonattainment and classified as ``moderate'' with a design 
value less than or equal to 12.7 parts per million (ppm) under the 
provisions outlined in sections 186 and 187 of the CAA. (See 56 FR 
56694, November 6, 1991, codified at 40 C.F.R. Sec. 81.338). On 
September 29, 1995, EPA approved the separation of the Portland-
Vancouver CO nonattainment area into two distinct nonattainment areas, 
effective November 28, 1995. Because the Portland area had a design 
value of 9.8 ppm (based on 1988-1989 data), the area was considered 
moderate. The CAA established an attainment date of December 31, 1995, 
for all moderate CO areas. The Portland area has ambient monitoring 
data showing attainment of the CO National Ambient Air Quality Standard 
(NAAQS) since 1989. On August 30, 1996, Oregon submitted a CO 
redesignation request and a CO Maintenance Plan for the Portland area. 
Oregon submitted evidence that public hearings were held on May 22, 
1996, in Portland, Oregon, and on May 23, 1996, in Tigard, Oregon.
    Oregon provided monitoring, modeling, and emissions data to support 
its redesignation request. The 1991 CO attainment emissions inventory 
totals in tons per day are: Point Sources: 57.97; Area Sources: 205.50; 
On-road Mobile Sources: 906.11; and Non-road Mobile Sources: 67.55; 
Total Sources: 1237.13 tons per day. The emission budget established 
through the year 2007 is as follows:

                                   Portland CO Transportation Emission Budgets                                  
                                        [Thousand pounds per winter day]                                        
                                                                                                                
                                                                                                                
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Year..............................         1991         1995         1997         2001         2003         2007
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                                     CO NONATTAINMENT AREA = METRO BOUNDARY                                     
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Budget............................         1812         1217         1076          875          825          775
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                                                 CCTMP Sub-Area                                                 
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Budget............................          191          123          107           84           78           70
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                                         82nd Avenue Corridor Sub-Area                                          
                                                                                                                
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Budget............................           12            7            6            5            4            4
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    Oregon relied, in part, on the existence of an approved Inspection 
and Maintenance (I/M) program to attain the CO NAAQS, and has 
implemented an enhanced I/M program which will help maintain the NAAQS 
during the ten-year maintenance period. Oregon also relied on an 
oxygenated fuel program to ensure attainment of the NAAQS, although it 
is important to note that the CO NAAQS was attained in Portland prior 
to the implementation of the oxygenated fuel program in 1992. The 
oxygenated fuel program remains part of the maintenance plan during the 
first ten-year maintenance period.
    A number of other measures have been implemented that have also 
helped improve air quality in the Portland CO nonattainment area. The 
primary permanent federal measure which has contributed to this 
improvement for CO has been the Federal Motor Vehicle Control Program 
which has established emission standards for new motor vehicles. 
Additional measures implemented by Oregon, Metro, and the City of 
Portland which have contributed to the improvement in CO are: major New 
Source Review Program (lowest achievable emission rate and offsets); 
improved public transit; carpool matching program and carpool parking 
program in downtown Portland; traffic flow improvements (ramp metering, 
computerized signalization, on-street

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parking limits); City of Portland bicycle parking program; Downtown 
Portland Air Quality Plan (1980 Updated Downtown Parking and 
Circulation Policy); and the Downtown Portland Parking Offset Program.
    It should also be noted that improvements in the air quality in the 
Portland metropolitan area were also acknowleged by EPA when it 
redesignated the Portland-Vancouver ozone nonattainment area to 
attainment on May 19, 1997 (See 62 FR 27204).
    The Portland area initially attained the NAAQS for CO in 1990 with 
monitored attainment continuing throughout the 1994-1995 CO season. 
This was accomplished in spite of rapid population growth in the 
Portland area since 1991. In addition, Oregon evaluated Portland area 
meteorological patterns over the 1985-1994 period and concluded that 
the recent compliance with the CO standards was not attributable to 
favorable meteorology.

II. Response To Comments

    No comments were received on the June 9, 1997, Notice of Proposed 
Rulemaking in this matter.

III. Final Action

    EPA is approving the Portland CO Maintenance Plan and Oregon's 
request to redesignate the Portland area to attainment of the CO 
standard because Oregon's submittal meets the requirements of section 
107(d)(3)(E) of the CAA. This approval revises the SIP for the Portland 
area and assures that the CO standard will be maintained through the 
year 2007. Because EPA is approving the Maintenance Plan and because 
the area meets CAA requirements for redesignation to attainment, the 
Portland area will be designated as attaining the CO NAAQS. EPA is also 
approving Oregon's 1990 base year emissions inventory as meeting the 
requirements of section 187(a)(1) of the CAA and is approving Oregon's 
1991 attainment year emissions inventory as meeting the periodic 
inventory requirements of section 187(a)(5) of the CAA.
    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.

IV. Administrative Requirements

A. Executive Order 12866

    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 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 Regional 
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 
Regional 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 
the 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 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 3, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations.

40 CFR Part 81

    Environmental protection, Air pollution control.

    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.


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    Dated: August 11, 1997.
Chuck Findley,
Acting Regional Administrator.

PART 52--[AMENDED]

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


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (122) On August 30, 1996, the Director of the Oregon Department of 
Environmental Quality submitted to the Regional Administrator of EPA a 
revision to the Carbon Monoxide State Implementation Plan for the 
Portland area containing a Maintenance Plan that demonstrated continued 
attainment of the NAAQS for carbon monoxide through the year 2007.
    (i) Incorporation by reference.
    (A) Letter dated August 30, 1996, from Oregon to EPA requesting the 
redesignation of the Portland carbon monoxide nonattainment area to 
attainment and submitting the Maintenance Plan; Revision to the State 
Implementation Plan: Carbon Monoxide Maintenance Plan and Redesignation 
Request for the Portland Metro Area, adopted July 12, 1996.
    (B) Letter dated April 17, 1997, from Oregon to EPA submitting 
replacement pages to the Maintenance Plan and appendices.
    (ii) Additional material.
    (A) Appendices to the Maintenance Plan and Redesignation Request 
for Portland (Metro) Area--State Implementation Plan Revision for 
Carbon Monoxide, dated July 12, 1996: Appendix D2-1 (Volume 3), CO Air 
Monitoring Network; Appendix D2-2 (Volume 3), Meteorological Analysis; 
Appendix D2-3 (Volume 3), Review of Bag Study Results Which 
Demonstrates The DEQ Network of Sites Records Higher CO Concentrations 
Than Screened Intersections; Appendix D2-4 (Volume 3), Emission 
Inventory and Forecast Portland (Metro) Area (Carbon Monoxide); 
Appendix D2-4-1 (Volume 3), Base Year (1990) Emission Inventory 
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-2 (Volume 3), 
Attainment Year (1991) Emission Inventory Portland (Metro) Area (Carbon 
Monoxide); Appendix D2-4-3 (Volume 3), Regional Emission Forecast 
Portland (Metro) Area; Appendix D2-4-4 (Volume 3), Subregional Emission 
Inventories and Forecast Portland (Metro) Area (Carbon Monoxide); 
Appendix D2-4-5 (Volume 3), Metro Model Assumptions, Link-Based 
Emissions Calculation Methodology, and Travel Demand Forecasting Model 
Summary; Appendix D2-5 (Volume 3), Conformity Process; Appendix D2-6 
(Volume 3), Historical and Projected Population and Households; 
Appendix D2-7 (Volume 3), Metro Council Resolution Concerning Portland 
CO Maintenance Plan, Emission Budgets, and Contingency Plan; Appendix 
D2-8 (Volume 3), CCTMP Zoning Codes Incorporated Into the Portland 
Carbon Monoxide Maintenance Plan; Appendix D2-9 (Volume 3), Motor 
Vehicle Inspection Program Changes; Appendix D2-10 (Volume 3), Land-Use 
Measures and TCM Substitution; Appendix D2-11 (Volume 3), New Source 
Review Program Changes; Appendix D2-12 (Volume 3), Rollforward 
Analysis; Appendix D2-13 (Volume 3), CCTMP Zoning Codes Used as 
Supporting Documentation in the Portland Carbon Monoxide Maintenance 
Plan; Appendix D2-14 (Volume 3), Miscellaneous Oregon Administrative 
Rule Amendments--Supporting Rules, OAR Chapter 340, Section 340-020-
0047 (State of Oregon Clean Air Act Implementation Plan); and Sections 
340-031-0520 and 340-031-0530 (Maintenance Area Designation).

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 for ``Oregon-Carbon Monoxide'' is 
amended by revising the entry for the Portland area to read as follows:


Sec. 81.338  Oregon.

* * * * *

                                             Oregon-Carbon Monoxide                                             
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                                               Designation                             Classification           
       Designated area        ----------------------------------------------------------------------------------
                                      Date\1\                Type                 Date\1\              Type     
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
Portland Area:                                                                                                  
Portland Metro Service                                                                                          
 District Boundary:                                                                                             
    Clackamas County (part)..  ....................  Attainment..........  ....................  ...............
    Multnomah County (part)..  ....................  Attainment..........  ....................  ...............
    Washington County (part).  ....................  Attainment..........  ....................  ...............
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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\1\ This date is November 15, 1990, unless otherwise noted.                                                     


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[FR Doc. 97-23227 Filed 8-29-97; 8:45 am]
BILLING CODE 6560-50-P