[Federal Register Volume 66, Number 183 (Thursday, September 20, 2001)]
[Rules and Regulations]
[Pages 48349-48355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23218]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[OR-00-002a; FRL-7044-9]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to Oregon's State Implementation Plan (SIP) which were 
submitted on November 20, 2000. These revisions consist of the 1996 
carbon monoxide (CO) periodic emissions inventory for Klamath Falls, 
Oregon, and the Klamath Falls CO maintenance plan. Oregon concurrently 
requested redesignation of Klamath Falls from nonattainment to 
attainment for CO. EPA is approving the State's request because it 
meets all of the Clean Air Act (ACT) requirements for redesignation.

DATES: This direct final rule will be effective on November 19, 2001 
without further notice, unless EPA receives adverse comment by October 
22, 2001. If adverse comments are received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

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

FOR FURTHER INFORMATION CONTACT: Connie Robinson, Office of Air Quality 
(OAQ-107), EPA, Seattle, Washington, (206) 553-1086.

[[Page 48350]]


SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, we mean the Environmental Protection Agency 
(EPA). This supplementary information is organized as follows:

I. Background Information
    A. What action is EPA taking?
    B. What is a State Implementation Plan?
    C. Why was this SIP revision and redesignation request 
submitted?
II. Basis for EPA's Action
    A. What Criteria did EPA use to Review the Maintenance Plan and 
Redesignation request?
    B. How does the State Show that the Area Has Attained the CO 
NAAQS?
    C. Does the Area have a fully approved SIP under section 110(k) 
of the Act and has the area met all the relevant requirements under 
section 110 and part D of the Act?
    D. Are the Improvements in Air Quality Permanent and 
Enforceable?
    E. Has the State Submitted a Fully Approved Maintenance Plan 
pursuant to section 175A of the Act?
    F. Did the State provide adequate attainment year and 
maintenance year emissions inventories?
Table 1  1996 CO Attainment Year Actual Emissions and 2011 CO 
Maintenance Year Projected Emissions (Pounds CO/Winter Day)
    G. How will this action affect the oxygenated fuels program in 
Klamath Falls?
    H. How will the State continue to verify attainment?
    I. What contingency measures does the State provide?
    J. How will the State provide for subsequent maintenance plan 
revisions?
    K. How does this action affect Transportation Conformity in 
Klamath Falls?
Table 2  Klamath Falls Urban Growth Boundary Emissions Budget 
Through 2015 (Pounds CO/Winter Day)
    L. How does this action affect specific rules?
III. Final Action
IV. Administrative Requirements

I. Background Information

A. What Action Is EPA Taking?

    Today's rulemaking 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 Act 
requirements and EPA regulations.
    First, EPA approves the 1996 periodic CO emissions inventory for 
Klamath Falls. The 1996 inventory establishes a baseline of emissions 
that EPA considers comprehensive and accurate and provides the 
foundation for air quality planning in the Klamath Falls, Oregon 
nonattainment area.
    Second, EPA approves the CO maintenance plan for the Klamath Falls 
nonattainment area into the Oregon SIP.
    Third, EPA redesignates Klamath Falls 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 (NAAQS) for CO for at least ten 
years beyond this redesignation, as required by the Act.

B. What Is a State Implementation Plan?

    Section 110 of the Act requires states to develop air pollution 
regulations and control strategies to ensure that State air quality 
meets the NAAQS established by the EPA. These ambient standards are 
established under section 109 of the Act and they address six criteria 
pollutants: CO, nitrogen dioxide, ozone, lead, particulate matter and 
sulfur dioxide.
    Each State must submit these regulations and control strategies to 
us for approval and incorporation into the Federally enforceable SIP. 
Each State has a SIP designed to protect its air quality. These SIPs 
can be extensive, containing regulations, enforceable emission limits, 
emission inventories, monitoring networks, and modeling demonstrations.
    Oregon submitted their original section 110 SIP on January 25, 1972 
and it was approved by EPA soon thereafter. Other SIP revisions have 
been submitted over the intervening years and likewise have been 
approved. The Klamath Falls CO SIP revisions and redesignation request 
submitted on November 20, 2000, are the subject of today's action.

C. Why Was This SIP Revision and Redesignation Request Submitted?

    Upon enactment of the 1990 Clean Air Act Amendments, a new 
classification scheme was created which established attainment dates 
and planning requirements according to the severity of nonattainment. 
The Klamath Falls nonattainment area was designated a moderate 
nonattainment area for CO on January 6, 1992. This designation was the 
result of 1988 and 1989 ambient air quality monitoring data that showed 
violations of the CO NAAQS. The attainment deadline became December 31, 
1995, or as expeditiously as practicable.
    Oregon believes that the Klamath Falls, Oregon area is now eligible 
for redesignation because air quality data shows that it has not 
recorded a violation of the primary or secondary CO air quality 
standards since 1990. The maintenance plan demonstrates that Klamath 
Falls will be able to remain in attainment for the next 10 years.

II. Basis for EPA's Action

A. What Criteria Did EPA Use To Review the Maintenance Plan and 
Redesignation Request?

    Section 107(d)(3)(E) of the Act states that EPA can redesignate an 
area to attainment if the following conditions are met:
    1. The area must attain the applicable NAAQS.
    2. The area must have a fully approved SIP under 110(k) of the Act 
and the area must meet all the relevant requirements under section 110 
and 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.
    EPA has found that the Oregon redesignation request for the Klamath 
Falls, Oregon nonattainment area meets the above requirements. A 
Technical Support Document on file at the EPA Region 10 office contains 
a detailed analysis and rationale in support of the redesignation of 
Klamath Fall's CO nonattainment area to attainment.

B. How Does the State Show That the Area Has Attained the CO NAAQS?

    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 Klamath Falls is 
based on air quality data that shows that the CO standard was not 
violated from 1990 through 1995, 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 Klamath Falls, Oregon area has ten 
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.

C. Does the Area Have a Fully Approved SIP Under Section 110(k) of the 
Act and Has the Area Met All the Relevant Requirements Under Section 
110 and Part D of the Act?

    Klamath Falls was classified as a nonattainment area with a design 
value less than 12.7 parts per million (ppm). Therefore, the 1990 
requirements applicable to the Klamath Falls nonattainment area for 
inclusion in the

[[Page 48351]]

Oregon SIP include the preparation of a 1990 emission inventory with 
periodic updates, adoption of an oxygenated fuels program, development 
of contingency measures, 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 previously approved all but one element of the 
Oregon SIP. Section 187(a) of the Act requires 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). Specifically, the 1990 emissions inventory 
was reviewed but not acted upon to allow for additional correction and 
revision. We later determined that a 1996 inventory that incorporated 
these changes would satisfy the requirement for a base year inventory 
and would also serve as the periodic emissions inventory submitted with 
the maintenance plan. Today's action approves this required element of 
the 110 SIP as part of the Oregon SIP concurrently with the 
redesignation to attainment.

D. Are the Improvements in Air Quality Permanent and Enforceable?

    Yes. EPA is approving Klamath Falls' maintenance 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) The Federal Motor Vehicle 
Control Program, establishing emission standards for new motor 
vehicles; and (2) an oxygenated fuels program. The Klamath Falls area 
initially attained the NAAQS in 1991 (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 2000.
    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. We believe 
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.

E. Has the State Submitted a Fully Approved Maintenance Plan Pursuant 
to Section 175A of the Act?

    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. With 
this action, EPA is approving the maintenance plan for the Klamath 
Falls area.

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

    Yes. ODEQ submitted comprehensive inventories of CO emissions from 
point, area and mobile sources using 1996 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 1996, this is an acceptable year for the 
attainment inventory.
    Based on the CO emissions in the attainment year (1996), ODEQ 
calculated inventories for the required maintenance year (2011) and 
four years beyond (2015). 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 
projections in the maintenance plan demonstrate that future emissions 
are not expected to exceed attainment year levels.
    Total CO emissions were projected from the 1996 attainment year out 
to 2015. These projected inventories were prepared according to EPA 
guidance. Because compliance with the 8-hour CO standard is linked to 
average daily emissions, emission estimates reflecting a typical winter 
season day (pounds of CO per day) were used for the maintenance 
demonstration. Oregon calculated these emissions without the 
implementation of the oxygenated fuels program. Oregon is requesting 
that the SIP requirement for an oxygenated fuels program be 
discontinued upon EPA's approval of the maintenance plan and 
redesignation. The projections show that CO emissions calculated 
without the implementation of the oxygenated fuels program are not 
expected to exceed 1996 attainment year levels. The following table 
summarizes the attainment year and maintenance year emissions.

       Table 1.--1996 CO Attainment Year Actual Emissions and 2011 CO Maintenance Year Projected Emissions
                                             [Pounds CO/Winter Day]
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                      Year                          Mobile        Area       Non-road      Point        Total
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1996 Attainment Year Actuals...................       26,734       11,586        4,074        3,923       46,316
2011 Maintenance Year Projected................       24,102       12,409        4,861        3,671       45,044
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    Detailed inventory data for this action is contained in the docket 
maintained by EPA.

G. How Will This Action Affect the Oxygenated Fuels Program in Klamath 
Falls?

    ODEQ's maintenance demonstration shows that the Klamath Falls Urban 
Growth Boundary (UGB) 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 in 
accordance with the approved maintenance plan.

H. How Will the State Continue To Verify Attainment?

    In accordance with 40 CFR part 50 and EPA's Redesignation Guidance,

[[Page 48352]]

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.

I. What Contingency Measures Does the State Provide?

    Section 175A(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.
    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. This 
contingency measure will require all gasoline blended for sale in 
Klamath Falls to meet requirements identical to those of the current 
oxygenated gasoline program.
    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 
as 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 Klamath Falls 
area.

J. 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.

K. How Does This Action Affect Transportation Conformity in Klamath 
Falls?

    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. In short, a transportation plan is deemed to 
conform to the applicable SIP if the emissions resulting from 
implementation of that transportation plan are less than or equal to 
the motor vehicle emission level established in the SIP for the 
maintenance year and other analysis years.
    In this maintenance plan, procedures for estimating motor vehicle 
emissions are well documented. For transportation conformity and 
regional emissions analysis purposes, an emissions budget has been 
established for on-road motor vehicle emissions in the Klamath Falls 
UGB. The transportation emissions budget numbers for the plan are shown 
in Table 2.

                    Table 2.--Klamath Falls UGB Transportation Emissions Budget Through 2015
                                             [Pounds CO/Winter Day]
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                   Year                         1996          2000          2005          2010          2015
----------------------------------------------------------------------------------------------------------------
Budget....................................       26,734        26,362        26,116        25,498        24,880
----------------------------------------------------------------------------------------------------------------

L. How Does This Action Affect Specific Rules?

    Upon the effective date of this action, Klamath Falls 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 Klamath Falls 
upon the effective date of this action. EPA is approving these rules as 
revisions to the SIP and replacing the rules dated 10-22-99.
    Below is a list of the specific rule revisions affected by this 
action which EPA is incorporating by reference into the SIP, with the 
state effective date in parentheses.

OAR 340-204-0030, Designation of Nonattainment Areas (10-25-00)
OAR 340-204-0040, Maintenance Areas (10-25-00)
OAR 340-204-0090, Oxygenated Gasoline Control Areas (10-25-00)

III. Final Action

    EPA is approving the following revisions to the Oregon SIP: the 
1996 CO periodic emissions inventory for Klamath Falls, Oregon, and the 
Klamath Falls CO maintenance plan. EPA is also redesignating Klamath 
Falls, Oregon from nonattainment to attainment for CO. EPA is approving 
the Klamath Falls 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.
    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 will 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

[[Page 48353]]

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 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.

D. Executive Order 13175

    This final rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

E. Executive Order 13211

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

F. 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 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).

G. 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.

H. 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 November 19, 2001, unless EPA 
receives adverse written comments by October 22, 2001.

I. 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

[[Page 48354]]

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.

J. 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 November 19, 2001. 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).)

K. 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.

L. 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 21, 2001.
Charles E. Findley,
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.

Subpart MM--Oregon

    2. Section 52.1970 is amended by adding paragraph (c)(136) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (136) On November 20, 2000, the Oregon Department of Environmental 
Quality requested the redesignation of Klamath Falls 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 25, 2000.

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 ``Klamath Falls Area'' to read as 
follows:


Sec. 81.38  Oregon.

* * * * *

                                             Oregon--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                              Designation                             Classification
        Designated area        ---------------------------------------------------------------------------------
                                    Date \1\               Type              Date \1\               Type
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Klamath Falls Area, Klamath     November 19,      Attainment
 County (part) * * * Urban       2001.
 Growth Boundary.
 
*                  *                  *                  *                  *                  *              *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.


[[Page 48355]]

* * * * *
[FR Doc. 01-23218 Filed 9-19-01; 8:45 am]
BILLING CODE 6560-50-P