[Federal Register Volume 65, Number 170 (Thursday, August 31, 2000)]
[Rules and Regulations]
[Pages 52932-52938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22054]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[Docket OR-84-7299a; FRL-6858-1]


Approval and Promulgation of Implementation Plans; Oregon

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) is approving the 
revisions to Oregon's State Implementation Plan which were submitted on 
November 10, 1999. These revisions consist of: approval of the 1993 
carbon monoxide periodic emissions inventory for Grants Pass, Oregon; 
approval of the Grants Pass carbon monoxide maintenance plan; and 
redesignation of Grants Pass from nonattainment to attainment for 
carbon monoxide.

DATES: This direct final rule is effective on October 30, 2000 without 
further notice, unless EPA receives adverse comment by October 2, 2000. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Written comments should be addressed to: Debra Suzuki, EPA, 
Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 
98101.
    Copies of the State's 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 State of Oregon Department of 
Environmental Quality, 811 SW Sixth Avenue, Portland, Oregon 97204-
1390.

FOR FURTHER INFORMATION CONTACT: Debra Suzuki, Office of Air Quality 
(OAQ-107), EPA, Seattle, Washington, (206) 553-0985.

SUPPLEMENTARY INFORMATION:

Table of Contents

    I. Supplementary Information
    1. What is the purpose of this rule making?
    2. What is a State Implementation Plan?
    3. What National Ambient Air Quality Standards are considered in 
today's rulemaking?
    4. What is the background information for this SIP action?
    5. What criteria did EPA use to evaluate the State's submittal?
    6. In summary, what are the results of EPA's evaluation?
    7. Has Grants Pass attained the carbon monoxide NAAQS?
    8. Does Grants Pass have a fully approved SIP?
    9. How does this action affect Transportation Conformity?
    Table 1--Central Business District Transportation Emissions 
Budget Through 2015 (pounds CO/Winter Day)
    10. Has the State provided an adequate emissions inventory?
    11. Is the improvement in air quality in Grants Pass due to 
permanent and enforceable measures?
    12. Does the State provide a fully approvable maintenance plan?
    13. Did the State provide adequate attainment and maintenance 
year emissions inventories?
    Table 2--1993 CO Attainment Year and Recent Actual Emissions for 
the Grants Pass Nonattainment Area (CO tons/year)
    Table 3--Projected Maintenance Year Emissions for the Grants 
Pass Nonattainment Area (CO tons/year)
    14. Has the State successfully demonstrated maintenance and 
provided a projected emissions inventory?
    15. How will this action affect the oxygenated fuels program in 
Grants Pass?
    16. How will the State continue to verify attainment?
    17. What contingency measures does the State provide?
    18. How will the State provide for subsequent maintenance plan 
revisions?
    19. How does this action affect specific rules?
    20. In conclusion, what is EPA approving and why?
III. Final Action
IV. Administrative Requirements

I. Supplementary Information

1. What Is the Purpose of This Rule Making?

    Today's rule making announces three actions being taken by EPA 
related to air quality in the State of Oregon. These actions are taken 
at the request of the Governor of Oregon in response to Clean Air Act 
(Act) requirements and EPA regulations.
    First, EPA approves the 1993 periodic carbon dioxide emissions 
inventory for Grants Pass. The 1993 inventory establishes a baseline 
characterization of emissions that EPA considers comprehensive and 
accurate. It provides the foundation for air quality planning in Grants 
Pass.
    Second, EPA approves the carbon monoxide maintenance plan for the 
Grants Pass nonattainment area into the Oregon State Implementation 
Plan (SIP).
    Third, EPA redesignates Grants Pass from nonattainment to 
attainment for carbon monoxide. This redesignation is based on 
validated monitoring data and projections made in the maintenance 
plan's demonstration. EPA believes the area will continue to meet the 
National Ambient Air Quality Standards for CO for at least ten years 
beyond this redesignation, as required by the Act.

2. What Is a State Implementation Plan?

    The Clean Air Act requires States to keep ambient concentrations of 
specific air pollutants below certain thresholds to provide an adequate 
margin of safety for public health and welfare. These maximum 
concentrations are established by EPA based on current science and are 
known as the National Ambient Air Quality Standards, or NAAQS. The 
State's commitments for attaining the NAAQS are outlined in its State 
Implementation Plan, or SIP. The SIP is a planning document that, when 
implemented, is designed to ensure the achievement of the NAAQS. Each 
State currently has a SIP in place, and the Act requires that SIP 
revisions be made periodically.
    A SIP includes the following: (1) inventories of emissions from 
point, area, and mobile sources; (2) statutes and regulations adopted 
by the state legislature and executive agencies; (3) air quality 
analyses that include demonstrations that adequate controls are in 
place to meet the NAAQS; (4) contingency measures to be undertaken if 
an area fails to attain or make reasonable progress toward attainment 
by the required date.
    The SIP must be presented to the public in a hearing and approved 
by the Governor of the State or appointed designee prior to submittal 
to EPA. The approved SIP serves as the State's commitment to actions 
that will reduce or eliminate air quality problems. Once approved by 
EPA, the SIP becomes part of the Code of Federal Regulations and is 
federally enforceable. Any subsequent changes must go through the 
formal SIP revision process specified in the Act.
    Oregon submitted their original section 110 SIP on January 25, 1972 
and it was approved by EPA soon thereafter.
    The Grants Pass CO maintenance plan and redesignation request was 
submitted as a revision to the SIP on November 10, 1999. This revision 
is the subject of today's action.

3. What National Ambient Air Quality Standards Are Considered in 
Today's Rulemaking?

    The standards considered in today's action are the primary and 
secondary carbon monoxide NAAQS. These standards were originally 
promulgated in 1985 and are as follows: (1) 9 parts

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per million (ppm) for an eight-hour average concentration not to be 
exceeded more than once per year; and (2) 35 ppm for a one-hour average 
concentration not to be exceeded more than once per year. (40 CFR 50.8)
    The Grants Pass nonattainment area has violated the eight-hour 
standard but never exceeded the one-hour standard. As a result, the 
discussion in this rulemaking refers to the eight-hour CO NAAQS only.

4. What Is the Background Information for This SIP Action?

    Grants Pass, OR was designated nonattainment for carbon monoxide on 
December 16, 1985. This designation was the result of ambient air 
quality monitoring data that showed violations of the CO NAAQS.
    The Grants Pass nonattainment area is a 36 square block area of 
downtown Grants Pass known as the Central Business District. For 
planning purposes, however, the entire area within the urban growth 
boundary is treated as the nonattainment area.
    In response to the requirements applicable at the time of 
designation, Oregon submitted an attainment plan to bring the area into 
attainment by 1990. This plan relied upon the construction of a third 
bridge over the Rogue River as its primary control measure. The plan 
showed that diverting motor vehicle traffic away from the Central 
Business District would bring the area into attainment by the deadline 
in the Act. EPA approved the SIP revision on January 15, 1988.
    Later, upon enactment of the 1990 Clean Air Act Amendments, a new 
classification scheme was created which established revised attainment 
dates and planning requirements according to the severity of 
nonattainment. Under this system, Grants Pass was classified as a 
moderate nonattainment area because it had a design value of 10.3 ppm 
based on 1988-89 ambient air monitoring data. The attainment deadline 
was revised and became December 31, 1995, or as expeditiously as 
practicable.
    The Grants Pass nonattainment area has shown attainment of the CO 
NAAQS since 1990. In compliance with requirements for moderate areas, 
Oregon submitted a maintenance plan and redesignation request to EPA on 
November 10, 1999. On December 16, 1999, EPA notified Oregon that this 
submittal constituted a complete redesignation request and maintenance 
plan under the general completeness criteria of 40 CFR part 51, 
appendix V, sections 2.1 and 2.2.

5. What Criteria Did EPA Use To Evaluate the State's Submittal?

    Section 107(d)(3)(E) of the Act lists specific requirements that an 
area must meet in order to be redesignated from nonattainment to 
attainment. They are as follows:
    1. The area must attain the applicable NAAQS;
    2. The area must have a fully approved SIP under section 110(k) of 
the Act and the area must meet all the relevant requirements under 
section 110 part D of the Act;
    3. The air quality improvement must be permanent and enforceable;
    4. The area must have a fully approved maintenance plan pursuant to 
section 175A of the Act.

6. In Summary, What Are the Results of EPA's Evaluation?

    EPA has found that the Oregon redesignation request for the Grants 
Pass, OR nonattainment area meets the requirements of section 
107(d)(3)(E), noted above. The following questions and answers provide 
a brief description of how each of these requirements is met. A 
Technical Support Document on file at the EPA Region 10 office, 
contains a more detailed analysis of this redesignation request.

7. Has Grants Pass Attained the Carbon Monoxide NAAQS?

    Yes. To attain the CO NAAQS, an area must have complete quality 
assured data showing no more than one exceedance of the standard per 
year for at least two consecutive years. The redesignation of Grants 
Pass is based on air quality data that shows that the CO standard was 
not violated from 1989 through 1993, or since. These data were 
collected by the Oregon Department of Environmental Quality (ODEQ) in 
accordance with 40 CFR 50.8, following EPA guidance on quality 
assurance and quality control and are entered in the EPA Aerometric 
Information and Retrieval System, or AIRS. Since the Grants Pass, OR 
area has five years of complete quality-assured monitoring data showing 
attainment with no violations, the area has met the statutory criterion 
for attainment of the CO NAAQS. ODEQ has committed to continue 
monitoring in this area in accordance with 40 CFR part 58.

8. Does Grants Pass Have a Fully Approved SIP?

    Yes. Section 107(d)(3)(E)(ii) of the Act states that EPA may not 
approve redesignation of a nonattainment area to attainment unless EPA 
has fully approved all of the SIP requirements that were due under the 
1990 amendments. The 1990 Clean Air Act requires that nonattainment 
areas achieve specific new requirements depending on the severity of 
the nonattainment classification.
    As noted earlier, Grants Pass was classified as a nonattainment 
area with a design value less than 12.7 ppm. Therefore, the 1990 
requirements applicable to the Grants Pass nonattainment area include 
the preparation of a 1990 emission inventory with periodic updates, 
adoption of an oxygenated fuels program, the development of contingency 
measures, adoption of an enhanced inspection and maintenance plan, a 
forecast of vehicle miles traveled, development of conformity 
procedures, and the establishment of a permit program for new or 
modified major stationary sources.
    For the purposes of evaluating the request for redesignation to 
attainment, EPA has approved all but one element of the CO attainment 
SIP. Specifically, the 1990 emissions inventory was reviewed but not 
acted upon to allow for additional correction and revision. EPA later 
determined that a 1993 inventory that incorporated these changes would 
satisfy the requirement for a 1990 base year. This is discussed in 
further detail below.
    A 1993 periodic emissions inventory was submitted with the 
maintenance plan and fulfills the requirement for a base year 
inventory. Today's action concurrently approves this required element 
of the 110 SIP with the redesignation to attainment.

9. How Does This Action Affect Transportation Conformity in Grants 
Pass?

    Under section 176(c) of the Act, transportation plans, programs, 
and projects in nonattainment or maintenance areas that are funded or 
approved under 23 U.S.C. or the Federal Transit Act, must conform to 
the applicable SIPs.
    For transportation conformity and regional emissions analysis 
purposes, an emissions budget has been established for on-road motor 
vehicle emissions in the Grants Pass Central Business District. The 
transportation emissions budget numbers for the plan are shown in Table 
1.

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     Table 1.--Central Business District Transportation Emissions Budget Through 2015 (pounds CO/Winter Day)
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                                Year                                   1993     2000     2005     2010     2015
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Budget.............................................................    4,626    4,404    4,245    4,087    3,929
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10. Has the State Provided An Adequate Emissions Inventory?

    Yes. Section 187(a) of the Act required moderate CO areas to submit 
a comprehensive, accurate, and current inventory of actual emissions 
from all sources as described in the nonattainment area provision 
section 172(c)(3). Oregon submitted a 1990 emissions inventory on 
November 15, 1992. The 1990 inventory was reviewed by EPA but never 
formally approved.
    In lieu of an inventory revision, EPA advised Oregon to incorporate 
comments into the 1993 periodic inventory and use this as the new base 
year. The 1993 periodic emissions inventory was submitted on November 
10, 1999 with the maintenance plan and redesignation request being 
considered in today's action.
    EPA believes this inventory meets all applicable requirements and 
approves it as part of the Oregon SIP.

11. Is the Improvement in Air Quality in Grants Pass Due to Permanent 
and Enforceable Measures?

    Yes. EPA approved Grants Pass' attainment plan as meeting the 
requirements of the 1990 amendments. Emissions reductions achieved 
through the implementation of control measures contained in that SIP 
are enforceable. These measures are: (1) a bridge over the Rogue River; 
(2) the Federal Motor Vehicle Control Program, establishing emission 
standards for new motor vehicles; and (3) an oxygenated fuels program. 
As discussed above, the Grants Pass area initially attained the NAAQS 
in 1990 (prior to the implementation of the oxygenated fuels program in 
November 1992) and the plan cites monitoring data in AIRS which shows 
continued attainment through 1998.
    ODEQ has demonstrated that actual enforceable emission reductions 
are responsible for the air quality improvement and that the CO 
emissions in the base year are not artificially low due to a local 
economic downturn or unusual or extreme weather patterns. EPA believes 
the combination of certain existing EPA-approved SIP and federal 
measures contributed to permanent and enforceable reductions in ambient 
CO levels that have allowed the area to attain the NAAQS.

12. Does the State Provide a Fully Approvable Maintenance Plan?

    Yes. Section 175A sets forth the elements of a maintenance plan for 
areas seeking redesignation from nonattainment to attainment. The plan 
must demonstrate continued attainment of the applicable NAAQS for at 
least ten years after the Administrator approves a redesignation to 
attainment. Eight years after the redesignation, the State must submit 
a revised maintenance plan which demonstrates attainment for the ten 
years following the initial ten-year period. To provide for the 
possibility of future NAAQS violations, the maintenance plan must 
contain contingency measures, with a schedule for implementation 
adequate to assure prompt correction of any air quality problems.
    In this document, EPA is approving Oregon's maintenance plan for 
Grants Pass because EPA finds that it meets the requirements of section 
175A.

13. Did the State Provide Adequate Attainment and Maintenance Year 
Emissions Inventories?

    ODEQ submitted comprehensive inventories of CO emissions from 
point, area and mobile sources using 1993 as the attainment year. This 
data was then used in calculations to demonstrate that the CO standard 
will be maintained in future years.
    Since air monitoring recorded attainment levels of CO in 1993, this 
is an acceptable year for the attainment inventory. The 1993 emission 
inventory summaries by source category are listed in Table 2. Detailed 
inventory data is also contained in the docket for this action 
maintained by EPA.
    Based on the CO emissions in the attainment year (1993), ODEQ 
calculated inventories for the required maintenance year (2010) and 
five years beyond (2015), as shown in Table 3 below. Future emission 
estimates are based on forecast assumptions about growth of the 
regional economy and vehicle miles traveled.
    Mobile sources are the greatest source of carbon monoxide. Although 
vehicle use is expected to increase in the future, more stringent 
federal automobile standards and removal of older, less efficient cars 
over time will still result in an overall decline in CO emissions.
    The following tables summarize the projections in the maintenance 
plan and demonstrate that future emissions are not expected to exceed 
attainment year levels.

 Table 2.--1993 CO Attainment Year and Recent Actual Emissions for the Grants Pass Nonattainment Area (CO tons/
                                                      year)
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                           Year                              Mobile      Area     Non-road    Point      Total
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1993.....................................................      7,775      1,393        917        309     10,394
1994.....................................................      7,649      1,389        932        196     10,249
1995.....................................................      7,691      1,385        946        208     10,230
1996.....................................................      7,773      1,381        961        213     10,204
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      Table 3.--Projected Maintenance Year Emissions for the Grants Pass Nonattainment Area (CO tons/year)
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                           Year                              Mobile      Area     Non-road    Point      Total
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1997.....................................................      7,606      1,377        976        210     10,169
1998.....................................................      7,564      1,373        990        212     10,139
1999.....................................................      7,522      1,369      1,005        213     10,109
2000.....................................................      7,480      1,365      1,020        214     10,079

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2001.....................................................      7,438      1,361      1,034        215     10,048
2002.....................................................      7,396      1,357      1,049        217     10,018
2003.....................................................      7,354      1,353      1,064        218      9,988
2004.....................................................      7,311      ??361      1,078        219      8,970
2005.....................................................      7,269      1,344      1,093        220      9,927
2006.....................................................      7,227      1,340      1,108        222      9,897
2007.....................................................      7,185      1,336      1,122        223      9,867
2008.....................................................      7,143      1,332      1,137        224      9,836
2009.....................................................      7,101      1,328      1,152        226      9,806
2010.....................................................      7,059      1,324      1,166        227      9,776
2011.....................................................      7,016      1,320      1,181        232      9,749
2012.....................................................      6,974      1,316      1,195        233      9,719
2013.....................................................      6,932      1,312      1,210        234      9,689
2014.....................................................      6,890      1,308      1,225        236      9,658
2015.....................................................      6,848      1,304      1,239        237      9,658
----------------------------------------------------------------------------------------------------------------

14. Has the State Successfully Demonstrated Maintenance and Provided a 
Projected Emissions Inventory?

    Yes. Total CO emissions were projected from the 1993 attainment 
year out to 2015. These projected inventories were prepared according 
to EPA guidance. The projections show that when CO emissions are 
calculated without the implementation of the oxygenated fuels program, 
they are not expected to exceed 1993 attainment year levels.

15. How Will This Action Affect the Oxygenated Fuels Program in Grants 
Pass?

    ODEQ's maintenance demonstration shows that the Grants Pass Urban 
Growth Boundary is expected to continue to meet the CO NAAQS through 
2015 without the oxygenated fuels program, while maintaining a safety 
margin. Therefore, EPA approves the State's request to discontinue the 
oxygenated fuels program. The oxygenated fuels program will not need to 
be implemented following redesignation unless a future violation of the 
standard triggers its use as a contingency measure.

16. How Will the State Continue To Verify Attainment?

    In accordance with 40 CFR part 50 and EPA's Redesignation Guidance, 
ODEQ has committed to analyze air quality data on an annual basis to 
verify continued attainment of the CO NAAQS. ODEQ will also conduct a 
comprehensive review of plan implementation and air quality status 
eight years after redesignation. The State will then submit a SIP 
revision that includes a full emissions inventory update and provides 
for the continued maintenance of the standard ten years beyond the 
initial ten year period.

17. What Contingency Measures Does the State Provide?

    Section 175(d) of the Act requires retention of all control 
measures contained in the SIP prior to redesignation as contingency 
measures in the CO maintenance plan.
    Since the oxygenated fuels program was a control measure contained 
in the SIP prior to redesignation, the SIP retains oxygenated fuels as 
the primary contingency measure in the maintenance plan.
    In the event of future violations, implementation of the oxygenated 
fuels program will be triggered. This contingency measure will require 
all gasoline blended for sale in Grants Pass to meet requirements 
identical to those of the current oxygenated gasoline program.
    This contingency measure will be triggered in the event of a 
quality assured violation of the NAAQS for CO at any permanent 
monitoring site in the nonattainment area. A violation will occur when 
any monitoring site records two eight-hour average CO concentrations 
that equal or exceed 9.5 ppm in a single calendar year.
    The oxygenated fuels program will be fully implemented no later 
than the next full winter season following the date when the 
contingency measure was activated. Implementation will continue 
throughout the balance of the CO maintenance period, or until such time 
that a reassessment of the ambient CO monitoring data establishes that 
the contingency measure is no longer needed.
    EPA is approving the conversion of the oxygenated fuels program 
from a control measure to a contingency measure for the Grants Pass 
area.

18. How Will the State Provide for Subsequent Maintenance Plan 
Revisions?

    In accordance with section 175A(b) of the Act, the state has agreed 
to submit a revised maintenance SIP eight years after the area is 
redesignated to attainment. That revised SIP must provide for 
maintenance of the standard for an additional ten years.
    The plan states that ODEQ will likely conduct its first revision of 
the plan in 2009. It will include a full emissions inventory update and 
projected emissions demonstrating continued attainment for ten 
additional years.

19. How Does This Action Affect Specific Rules?

    Upon the effective date of this action, Grants Pass will no longer 
be a nonattainment area, and will become a maintenance area. Therefore, 
OAR 340-204-0030, Designation of Nonattainment Areas, and OAR 340-204-
0040, Maintenance Areas, have been revised to reflect this change. 
Additionally, OAR 340-204-0090, Oxygenated Gasoline Control Areas, has 
been revised to discontinue the program in Grants Pass upon the 
effective date of this action. EPA is approving these rules as 
revisions to the SIP.
    ODEQ re-codified their rules last fall, so there is some 
discontinuity between the rule numbers of the rules EPA is approving, 
and the rule numbers currently in the SIP. Below is a list of the 
specific rules affected by this action, with the state effective date 
in parentheses.
A. The Rule Revisions EPA Is Incorporating by Reference Into the SIP
OAR 340-204-0030, Designation of Nonattainment Areas (10-22-99)
OAR 340-204-0040, Maintenance Areas (10-22-99)

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OAR 340-204-0090, Oxygenated Gasoline Control Areas (10-22-99)
B. The Rules EPA is Removing From the Current SIP
OAR 340-031-0520, Designation of Nonattainment Areas (8-19-96)
OAR 340-031-0530, Maintenance Areas (8-19-96)
OAR 340-022-0470, Oxygenated Gasoline Control Areas (11-4-93)

20. In Conclusion, What is EPA Approving and Why?

    EPA is approving the Grants Pass, Oregon CO maintenance plan and 
Oregon's request for redesignation to attainment because Oregon has 
demonstrated compliance with the requirements of section 107(d)(3)(E). 
The Agency believes that the redesignation requirements are effectively 
satisfied based on information provided by ODEQ and requirements 
contained in the Oregon SIP and maintenance plan.

III. Final Action

    EPA is approving the following revisions to the Oregon State 
Implementation Plan: (1) the 1993 carbon monoxide periodic emissions 
inventory for Grants Pass, Oregon; (2) the Grants Pass carbon monoxide 
maintenance plan; and (3) redesignation of Grants Pass from 
nonattainment to attainment for carbon monoxide.
    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

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

C. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly affects or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
13084 requires EPA to provide to the Office of Management and Budget, 
in a separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

D. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132, because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

E. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This rule will not have a significant impact on a substantial 
number of small entities because 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. Additionally, 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. Therefore, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the

[[Page 52937]]

Federal-State relationship under the Clean Air Act, preparation of 
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).

F. Unfunded Mandates

    Under sections 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.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective October 30, 2000 unless EPA 
receives adverse written comments by October 2, 2000.

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. 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 October 30, 2000. 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).)

J. Oregon Notice Provision

    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. EPA determined that, because the five-
day advance notice provision required by ORS 468.126(1) (1991) bars 
civil penalties from being imposed for certain permit violations, ORS 
468 fails to provide the adequate enforcement authority that a state 
must demonstrate to obtain SIP approval, as specified in section 110 of 
the Clean Air Act and 40 CFR 51.230. Accordingly, the requirement to 
provide such notice would preclude federal approval of a section 110 
SIP revision.
    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 ORS 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 a state program from federal approval or 
delegation. ODEQ responded to EPA's understanding of the application of 
ORS 468.126(2)(e) and agreed that, because 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.

K. Oregon Audit Privilege

    Another enforcement issue concerns Oregon's audit privilege and 
immunity law. Nothing in this action should be construed as making any 
determination or expressing any position regarding Oregon's Audit 
Privilege Act, ORS 468.963 enacted in 1993, or its impact upon any 
approved provision in the SIP, including the revision at issue here. 
The action taken herein does not express or imply any viewpoint on the 
question of whether there are legal deficiencies in this or any other 
Clean Air Act Program resulting from the effect of Oregon's audit 
privilege and immunity law. A state audit privilege and immunity law 
can affect only state enforcement and cannot have any impact on federal 
enforcement authorities. EPA may at any time invoke its authority under 
the Clean Air Act, including, for example, sections 113, 167, 205, 211 
or 213, to enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the Clean Air Act is likewise 
unaffected by a state audit privilege or immunity law.

    Authority: 42 U.S.C. 7401 et seq.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: August 17, 2000.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.

    Parts 52 and 81, chapter I, title 40 of the Code of Federal 
Regulations are amended as follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

[[Page 52938]]

Subpart MM--Oregon

    2. Section 52.1970 is amended by adding paragraph (c) (133) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (133) On November 10, 1999, the Oregon Department of Environmental 
Quality requested the redesignation of Grants Pass to attainment for 
carbon monoxide. The State's maintenance plan and base year emissions 
inventory are complete and the redesignation satisfies all the 
requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule (OAR) 340-204-0030, OAR 340-204-
0040, and OAR 340-204-0090, as effective October 22, 1999.
    (B) Remove without replacement the following provisions from the 
current incorporation by reference of the State Implementation Plan: 
OAR 340-031-0520 and OAR 340-031-0530, as effective August 19, 1996 and 
OAR 340-022-0470, as effective November 4, 1993.

PART 81--[AMENDED]

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

    Authority: 42 U.S.C. 7401 et seq.

    2. In Sec. 81.338, the table entitled ``Oregon--Carbon Monoxide'' 
is amended by revising the entry for ``Grants Pass Area, Josephine 
County (part)'' to read as follows:
* * * * *

                                             Oregon--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                                Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                         Date1               Type                Date1               Type
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Grants Pass Area:
Josephine County (part) Central   October 30, 2000..  Attainment........
 Business District.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

* * * * * * *
[FR Doc. 00-22054 Filed 8-30-00; 8:45 am]
BILLING CODE 6560-50-P