[Federal Register Volume 67, Number 142 (Wednesday, July 24, 2002)]
[Rules and Regulations]
[Pages 48388-48393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18584]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[Docket : OR-01-006a; FRL-7240-9]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes: OR; Medford Carbon Monoxide 
Nonattainment Area

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 May 31, 2001. These revisions consist of the 1993 carbon 
monoxide (CO) base/attainment year emissions inventory for Medford, 
Oregon, and the revised Medford CO maintenance plan. Oregon 
concurrently requested redesignation of

[[Page 48389]]

Medford from nonattainment to attainment for CO and EPA is approving 
the redesignation request.

DATES: This direct final rule will be effective on September 23, 2002, 
without further notice, unless EPA receives adverse comment by August 
23, 2002. 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, Region 10, 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, Region 10, 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, Region 10, Seattle, Washington, (206) 553-1086.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. Information is organized 
as follows:

I. Background Information
    A. What Is a State Implementation Plan?
    B. Why Was This SIP Revision and Redesignation Request 
Submitted?
    C. What Action Is EPA Taking?
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?
    G. How Will This Action Affect the Oxygenated Fuels Program in 
Medford?
    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 
Medford?
    L. How Does This Action Affect Specific Rules?
III. Final Action
IV. Administrative Requirements

I. Background Information

A. What Is a State Implementation Plan?

    Section 110 of the Clean Air Act as amended in 1990 (the Act) 
requires States to develop air pollution regulations and control 
strategies to ensure that State air quality meets the National Ambient 
Air Quality Standards (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 Medford CO SIP revisions and redesignation request 
submitted on May 31, 2001, are the subject of today's action.

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

    Oregon believes that the Medford, Oregon CO nonattainment area is 
eligible for redesignation to attainment because air quality data shows 
that it has not recorded a violation of the primary or secondary CO air 
quality standards since 1991. The Medford nonattainment area has shown 
attainment of the CO NAAQS since 1993 and the maintenance plan 
demonstrates that Medford will be able to remain in attainment for the 
next 10 years.

C. 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 requirements of 
the Act and EPA regulations.
    First, EPA approves the 1993 base/attainment year CO emissions 
inventory for Medford. The 1993 inventory establishes a baseline of 
emissions that EPA considers comprehensive and accurate and provides 
the foundation for air quality planning in the Medford, Oregon CO 
nonattainment area.
    Second, EPA approves the CO maintenance plan for the Medford 
nonattainment area into the Oregon SIP.
    Third, EPA redesignates Medford from nonattainment to attainment 
for CO. 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 NAAQS for CO for at least ten years 
beyond this redesignation, as required by the Act.

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 State 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 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 
Medford, Oregon CO 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 
Medford'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 at 
any monitoring site in the nonattainment area for at least two 
consecutive years. The redesignation of Medford is based on air quality 
data that shows that the CO standard was not violated from 1992 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 Medford, Oregon area has complete quality-assured monitoring data 
showing attainment

[[Page 48390]]

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?

    Yes. Medford 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 Medford nonattainment area for inclusion 
in the Oregon SIP include a 1990 emission inventory with periodic 
updates, an oxygenated fuels program, basic motor vehicle inspection/
maintenance (I/M) program, contingency measures, conformity procedures, 
and 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 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 1993 inventory that incorporated these changes would 
satisfy the requirement for a base/attainment year inventory and would 
also serve as the attainment year emissions inventory submitted with 
the maintenance plan. Today's action concurrently approves this 
required element of the 110 SIP as part of the Oregon SIP with the 
redesignation to attainment.

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

    Yes. Emissions reductions achieved through the implementation of 
control measures are enforceable. These measures are: (1) The Federal 
Motor Vehicle Control Program, establishing emission standards for new 
motor vehicles; (2) a basic I/M program, and (3) an oxygenated fuels 
program.
    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 contribute 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?

    Today's action by EPA approves the Medford CO maintenance plan. 
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. The 
Medford CO maintenance plan meets all of these requirements.

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 1993 as the attainment year. Since 
air monitoring recorded attainment of CO in 1993, this is an acceptable 
year for the attainment year inventory. This data was then used in 
calculations to demonstrate that the CO standard will be maintained in 
future years. ODEQ calculated inventories for the required maintenance 
year (2012) and three 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 CO. 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 1993 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 1993 attainment year levels. The following table 
summarizes the 1993 attainment year emissions, the 2015 maintenance 
year emissions, and 2015 emissions. The on-road mobile emissions are 
modeled for 1993 and 2015. Emissions for 2012 were calculated on the 
basis of a straight line interpolation between these two analysis 
years.

  Table 1.--1993 CO Attainment Year Actual Emissions, 2012 CO Maintenance Year Projected Emissions and 2015 CO
                                               Projected Emissions
                                             [Pounds CO/Winter Day]
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                      Year                          Mobile        Area       Non-road      Point        Total
----------------------------------------------------------------------------------------------------------------
1993 Attainment Year Actuals...................       57,342       19,656        6,536       28,517      112,051
2012 Maintenance Year Projected................       28,439       16,083        8,800       19,420       72,742
2015 Year Projected............................       22,244       16,165        9,186       20,153       67,748
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[[Page 48391]]

    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 Medford?

    ODEQ's maintenance demonstration shows that the Medford 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 except as a contingency 
measure in the maintenance plan. 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.

H. 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.

I. What Contingency Measures Does the State Provide?

    If the monitored CO level at any site registers a second high 8-
hour average of 8.1 ppm during a calendar year, the ODEQ will convene a 
planning group to review and recommend contingency strategies for 
implementation in order to prevent a violation. These strategies 
include but are not limited to improvements to parking and traffic 
circulation; aggressive signal retiming program; increased funding for 
transit; enhanced I/M program; and accelerated implementation of 
bicycle and pedestrian networks.
    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. The oxygenated fuels program was a 
control measure contained in the SIP prior to redesignation and is a 
primary contingency measure in the maintenance plan. This contingency 
measure will be reinstated 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. If triggered, this contingency 
measure would require all gasoline blended for sale in Medford to meet 
requirements identical to those of the current oxygenated gasoline 
program. 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 and EPA agrees to a revision.

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. 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 Medford?

    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 Medford UGB. The 
transportation emissions budget numbers for the plan are shown in Table 
2.

                              Table 2.--Medford UGB Transportation Emissions Budget
                                             [Pounds CO/Winter Day]
----------------------------------------------------------------------------------------------------------------
                             Year                                    2000             2015        2020 and after
----------------------------------------------------------------------------------------------------------------
Budget (1st 4 yrs I/M exempt)................................          63,860           26,963           32.640
----------------------------------------------------------------------------------------------------------------

    EPA found this motor vehicle emissions budget adequate for 
conformity purposes. See 67 FR 17686, April 11, 2002.

L. How Does This Action Affect Specific Rules?

    Upon the effective date of this action, Medford, Oregon will no 
longer be a nonattainment area and will become a maintenance area. 
Additionally, OAR 340-204-0090, Oxygenated Gasoline Control Areas, has 
been revised to discontinue the program in Medford upon the effective 
date of this action. EPA is approving this rule as a revision to the 
SIP and replacing the rule dated 10-25-00. Below are 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 340-204-0090, Oxygenated Gasoline Control Areas (3-27-01)

III. Final Action

    EPA is approving the following revisions to the Oregon SIP: the 
1993 CO base/attainment year emissions inventory for Medford, Oregon, 
and the Medford CO maintenance plan. EPA is also approving 
redesignation of Medford, Oregon from nonattainment to attainment for 
CO. EPA is approving the Medford 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). We believe 
that the redesignation requirements are effectively satisfied based on 
information provided by ODEQ and contained in the Oregon SIP and 
Medford Oregon CO maintenance plan.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the

[[Page 48392]]

Office of Management and Budget. For this reason, this action is also 
not subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This action merely approves state law as meeting 
Federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing 
requirements under state law and does not impose any additional 
enforceable duty beyond that required by state law, it does not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, 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 by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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 (64 
FR 43255, August 10, 1999). This action 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. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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).
    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 September 23, 2002. 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).)

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.

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.

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: June 25, 2002.
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:

[[Page 48393]]

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)(137) to read 
as follows:


Sec. 52.1970  Identification of plan.

* * * * *
    (c) * * *
    (137) On May 31, 2001, the Oregon Department of Environmental 
Quality requested the redesignation of Medford to attainment for carbon 
monoxide. The State's maintenance plan, base/attainment year emissions 
inventory, and the redesignation request meet the requirements of the 
Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules 340-204-0090, as effective March 
27, 2001.

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,'' 
the entry for Medford Area, Jackson County is revised to read as 
follows:
* * * * *


Sec. 81.338  Oregon.

* * * * *

                                                                 Oregon--Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Designation                                                 Classification
       Designated Area        --------------------------------------------------------------------------------------------------------------------------
                                                 Date\1\                               Type                     Date\1\                    Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
Medford Area:                  September 23, 2002........................  Attainment.................
    Jackson County (part)....
 
                    *                  *                  *                  *                  *                  *              *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 02-18584 Filed 7-23-02; 8:45 am]
BILLING CODE 6560-50-P