[Federal Register Volume 68, Number 203 (Tuesday, October 21, 2003)]
[Rules and Regulations]
[Pages 60036-60042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26540]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[Docket  OR-02-002a; FRL-7568-7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Oregon; Klamath Falls PM-10 Nonattainment Area Redesignation 
to Attainment and Designation of Area for Air Quality Planning Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 4, 2002, the State of Oregon submitted a PM-10 
maintenance plan for Klamath Falls to EPA for approval and concurrently 
requested that EPA redesignate the Klamath Falls nonattainment area to 
attainment for the National Ambient Air Quality Standard (NAAQS) for 
particulate matter with an aerodynamic diameter of less than ten 
micrometers (PM-10). In this action, EPA is approving the maintenance 
plan and redesignating the Klamath Falls PM-10 nonattainment area to 
attainment.

DATES: This direct final rule will be effective December 22, 2003, 
unless EPA receives adverse comments by November 20, 2003. If relevant 
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: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Steven K. Body, Office of Air 
Quality, (OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle, 
Washington 98101. Electronic comments should be sent either to 
[email protected] or to http://www.regulations.gov, which is an 
alternative method for submitting electronic comments to EPA. To submit 
comments, please follow the detailed instructions described in the 
SUPPLEMENTARY INFORMATION section, Part VII, General Information.
    Copies of the documents relevant to this action are available for 
public

[[Page 60037]]

inspection during normal business hours at the United States 
Environmental Protection Agency, Region 10, Office of Air Quality, 1200 
Sixth Avenue, Seattle, WA.

FOR FURTHER INFORMATION CONTACT: Steven K. Body, State and Tribal 
Programs Unit, Office of Air Quality, (OAQ-107), EPA Region 10, 1200 
Sixth Avenue, Seattle, WA 98101, Telephone number: (206) 553-0782, or 
e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. Please note that if EPA 
receives relevant adverse comment on an amendment, paragraph or section 
of this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of a relevant adverse comment.

Table of Contents

I. What Is The Purpose of This Action?
II. Why Was Klamath Falls Designated Nonattainment?
III. How Can a Nonattainment Area be Redesignated to Attainment?
IV. Did the State Follow Appropriate Administrative Procedures 
Before Submitting All the Relevant Material to EPA?
V. Evaluation of the Redesignation Request and Maintenance Plan
    A. The Area Must Have Attained the PM-10 NAAQS
    B. The Area Must Have Met All Applicable Requirements Under 
Section 110 and Part D
    C. Clean Air Act (CAA) Section 110 Requirements
    D. Part D Requirements
    E. Section 172(c)(3)--Emissions Inventory
    F. Section 172(c)(5)--New Source Review (NSR)
    G. Section 172(c)(7)--Compliance With CAA Section 110(a)(2): Air 
Quality Monitoring Requirements
    H. The Area Must Have a Fully Approved SIP Under Section 110(k) 
of the CAA
    I. The Area Must Show the Improvement in Air Quality is Due to 
Permanent and Enforceable Emission Reductions
    J. The Area Must Have a Fully Approved Maintenance Plan Under 
CAA Section 175A
    K. Emissions Inventory--Attainment Year
    L. Demonstration of Maintenance
    M. Monitoring Network and Verification of Continued Attainment
    N. Contingency Plan
    O. Transportation Conformity
VI. Final Action
VII. General Information
VIII. Statutory and Executive Order Reviews

I. What Is the Purpose of This Action?

    EPA is approving the Klamath Falls PM-10 Maintenance Plan and 
redesignating the Klamath Falls PM-10 nonattainment area to attainment. 
Klamath Falls is a city in south central Oregon with a population of 
approximately 40,000. In the late 1980's Klamath Falls recorded some of 
the highest PM-10 concentrations in the country.

II. Why Was Klamath Falls Designated Nonattainment?

    On November 15, 1990, the Clean Air Act Amendments of 1990 were 
enacted (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
7671q). Under section 107(d)(1)(C) of the Clean Air Act (CAA), the 
Klamath Falls, Oregon, area was designated nonattainment for PM-10 by 
operation of law because the area had been designated a Group I 
planning area before November 15, 1990. Group I planning areas were 
identified on August 7, 1987. See 52 FR 29383. On October 31, 1990, EPA 
clarified the description of certain Group I planning areas, including 
the Klamath Falls area. See 55 FR 45799. These areas were called 
``initial PM-10 nonattainment areas.'' On March 15, 1991, EPA announced 
these areas and classified them as moderate PM-10 nonattainment areas. 
See 56 FR 11101.

III. How Can a Nonattainment Area Be Redesignated to Attainment?

    Nonattainment areas can be redesignated to attainment after the 
area has measured air quality data showing it has attained the NAAQS 
and when certain planning requirements are met. Section 107(d)(3)(E) of 
the CAA, and the General Preamble to Title I (57 FR 13498) provide the 
criteria for redesignation. These criteria are further clarified in a 
policy and guidance memorandum from John Calcagni, September 4, 1992, 
Procedures for Processing Requests to Redesignate Areas to Attainment. 
The criteria for redesignation are:
    (1) The Administrator determines that the area has attained the 
relevant national ambient air quality standard;
    (2) the Administrator has fully approved the applicable 
implementation plan for the area under section 110(k) of the Act;
    (3) the Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable implementation plan, 
applicable Federal air pollution control regulations, and other 
permanent and enforceable reductions;
    (4) the Administrator has fully approved a maintenance plan for the 
area as meeting the requirements of CAA section 175A; and
    (5) the State containing the area has meets all requirements 
applicable to the area under section 110 and part D of the CAA.
    Before an area can be redesignated to attainment, all applicable 
State Implementation Plan (SIP) elements must be fully approved. The 
following is a summary of EPA's analysis and conclusion regarding the 
maintenance plan of Klamath Falls and the State's redesignation 
request. Additional detail regarding EPA's review and analysis may be 
found in the technical support document which is located in the public 
docket for this action.

IV. Did the State Follow Appropriate Administrative Procedures Before 
Submitting All the Relevant Material to EPA?

    The CAA requires States to follow certain procedural requirements 
for submitting SIP revisions to EPA. Section 110(a)(2) of the CAA 
requires that each SIP revision be adopted by the State after 
reasonable notice and public hearing. The State then submits the SIP 
revision to EPA.
    The Oregon Department of Environmental Quality (ODEQ), which has 
regulatory authority for sources of air pollution in the Klamath Falls 
PM-10 nonattainment area, developed the PM-10 maintenance plan. On May 
20, 2002, ODEQ notified the public of the public hearing on the plan in 
the Herald and News, Klamath Falls, Oregon. On June 25, 2002, ODEQ held 
the public hearing at the Klamath Falls City Hall, Council Chambers. On 
October 4, 2002, the State of Oregon adopted A Plan for Maintaining the 
National Ambient Air Quality Standards for Particulate Matter (PM-10) 
In Klamath Falls Urban Growth Boundary Section 4.56 of the State 
Implementation Plan. On November 4, 2002, the State submitted the 
redesignation request and maintenance plan to EPA.
    The State meets the requirements for reasonable notice and public 
hearing under section 110(a)(2) of the CAA.

V. Evaluation of the Redesignation Request and Maintenance Plan

A. The Area Must Have Attained the PM-10 NAAQS

    Section 107(d)(3)(E)(i) of the CAA requires that the Administrator 
determine that the area has attained the applicable NAAQS. The primary 
24-hour NAAQS for Particulate Matter with an aerodynamic diameter equal 
to or less than 10 micrometers (PM-10) is 150 micrograms per cubic 
meter ([mu]g/m \3\) for

[[Page 60038]]

a 24-hour period (midnight to midnight), not to be exceeded more than 
once per year averaged over three calendar years. The annual NAAQS for 
PM-10 is 50 [mu]g/m \3\ annual arithmetic average, averaged over three 
calendar years. PM-10 in the ambient air is measured by a reference 
method based on 40 CFR part 50, appendix J. EPA considers an area as 
attaining the PM-10 NAAQS when all of the PM-10 monitors in the area 
have an exceedance rate of 1.0 or less averaged over three calendar 
years. (See 40 CFR 50.6 and 40 CFR part 50, appendix J.) In addition, 
the area must continue to show attainment through the date that EPA 
promulgates redesignation to attainment.
    Oregon's redesignation request for the Klamath Falls PM-10 area is 
based on valid ambient air quality data. Ambient air quality monitoring 
data for calendar years 1992 through 2002 show there have been no 
exceedances of the PM-10 standard since 1992. These data were collected 
and analyzed as required (see 40 CFR 50.6 and 40 CFR part 50, appendix 
J) and have been stored in EPA's Air Quality System (AQS). These data 
have met minimum quality assurance requirements and have been certified 
by the State as being valid before being included in AQS. The Klamath 
Falls area has not violated the PM-10 standard since 1992 and continues 
to demonstrate attainment through calendar year 2002.

B. The Area Must Have Met All Applicable Requirements Under Section 110 
and Part D

    Section 107(d)(3)(E)(v) of the CAA requires that an area must meet 
all applicable requirements under section 110 and Part D of the CAA. 
EPA interprets this to mean the State must meet all requirements that 
applied to the area prior to, and at the time of, the submission of a 
complete redesignation request. Below is a summary of how Oregon meets 
these requirements.

C. Clean Air Act (CAA) Section 110 Requirements

    On January 25, 1972, Oregon submitted the SIP to EPA. EPA approved 
the SIP on May 31, 1972. See 37 FR 10888. For purposes of 
redesignation, the Oregon SIP, including the Klamath Falls PM-10 SIP, 
were reviewed to ensure that the SIP satisfies the CAA requirements of 
section 110(a)(2). See 40 CFR 52.1970 for a complete listing of 
subsequent Oregon SIP submittals and EPA approvals.

D. Part D Requirements

    Part D provides general requirements applicable to all areas 
designated nonattainment. The general requirements are followed by a 
series of subparts specific to each pollutant. All PM-10 nonattainment 
areas must meet the applicable general provisions of subpart 1 (section 
172) as well as the specific PM-10 provisions in subpart 4, 
``Additional Provisions for Particulate Matter Nonattainment Areas.''

E. Section 172(c)(3)--Emissions Inventory

    Section 172(c)(3) of the CAA requires a comprehensive, accurate, 
current inventory of actual emissions from all sources in the Klamath 
Falls PM-10 nonattainment area.
    Oregon included in the proposed Klamath Falls maintenance plan an 
emission inventory for calendar year 1996. This year corresponds to the 
year used in calculating the design value (discussed below) which is at 
a level well below the standard. This inventory thus represents 
emissions that are at a level to protect the standard. The inventory is 
comprehensive, accurate and current and meets the requirements of 
section 172(c)(3) of the CAA.

F. Section 172(c)(5)--New Source Review (NSR)

    The Clean Air Act Amendments of 1990 contained revisions to the new 
source review (NSR) program requirements for the construction and 
operation of new and modified major stationary sources located in 
nonattainment areas. The Act requires states to amend their SIPs to 
reflect these revisions, but does not require submittal of this element 
along with the other SIP elements. The Act established June 30, 1992 as 
the submittal date for the revised NSR programs. See section 189(a) of 
the Act. The General Preamble calls for states to implement their 
existing NSR programs during the interval preceding our formal approval 
of their revised NSR programs.
    In Klamath Falls, the requirements of the Part D NSR program will 
be replaced by the Prevention of Significant Deterioration (PSD) 
program and the maintenance area NSR program upon the effective date of 
redesignation. The Oregon Department of Environmental Quality rules for 
new source review that meet both attainment and nonattainment area 
requirements (provisions of OAR Chapter 340, Divisions 200, 202, 209, 
212, 216, 222, 224, 225, and 268), that were in effect on October 8, 
2002, were approved on January 22, 2003, (68 FR 2953) as meeting the 
requirements of title I, parts C and D of the Clean Air Act.
    Portions of Divisions 222, 224, and 225 were revised as part of the 
Grants Pass PM-10 Maintenance Plan and the Klamath Falls Maintenance 
Plan development effort. These rule revisions were approved by EPA on 
January 22, 2003 (68 FR 2953).
    Section 0040(3)(b) of Division 204, effective October 8, 2002, is 
approved in this action. This section is revised to add Klamath Falls 
to the PM-10 Maintenance Area list.

G. Section 172(c)(7)--Compliance With CAA Section 110(a)(2): Air 
Quality Monitoring Requirements

    Once an area is redesignated, the state must continue to operate an 
appropriate air monitoring network in accord with 40 CFR part 58 to 
verify attainment status of the area.
    The State of Oregon has operated a PM-10 monitor in the Klamath 
Falls area since 1987 at the Peterson School Site. In the proposed 
Klamath Falls maintenance plan, the State of Oregon commits to 
continued operation of the PM-10 monitoring station.

H. The Area Must Have a Fully Approved SIP Under Section 110(k) of the 
CAA

    States containing initial moderate PM-10 nonattainment areas were 
required to submit, by November 15, 1991, a nonattainment area plan 
that implemented reasonably available control measures (RACM) by 
December 10, 1993, and demonstrate whether it was practicable to attain 
the PM-10 NAAQS by December 31, 1994. In order to qualify for 
redesignation, the SIP for the area must be fully approved under 
section 110(k) of the Act, and must satisfy all requirements that apply 
to the area. Oregon's CAA part D initial PM-10 plan for the Klamath 
Falls PM-10 nonattainment area was submitted on November 15, 1991. The 
State submitted additional information and provisions on September 20, 
1995. EPA approved the Klamath Falls PM-10 attainment plan on April 14, 
1997. See 62 FR 18047. Thus, the area has a fully approved 
nonattainment area SIP.

I. The Area Must Show the Improvement in Air Quality Is Due to 
Permanent and Enforceable Emission Reductions

    Section 107(d)(3)(E)(iii) of the CAA provides that for an area to 
be redesignated to attainment, the Administrator must determine that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable

[[Page 60039]]

implementation plan, implementation of applicable Federal air pollutant 
control regulations, and other permanent and enforceable reductions.
    The PM-10 emission reductions for the Klamath Falls area were 
achieved through a number of permanent and enforceable control measures 
including a mandatory woodstove certification program for all new stove 
sales, a mandatory woodstove and open burning ordinance, a ban on the 
sale and installation of uncertified woodstoves, and major source NSR. 
EPA approved these control measures as part of the part D SIP submittal 
on April 14, 1997. These control measures will continue into the 
maintenance period for the Klamath Falls area.
    The State has demonstrated that the air quality improvements in the 
Klamath Falls area are the result of permanent enforceable emission 
reductions and are not the result of either economic trends or 
meteorology. EPA concludes that the modeling demonstration shows the 
area will meet the NAAQS even under the worst case meteorological 
conditions.

J. The Area Must Have a Fully Approved Maintenance Plan Under CAA 
Section 175A

    Section 107(d)(3)(E)(iv) of the CAA provides that for an area to be 
redesignated to attainment, the Administrator must have fully approved 
a maintenance plan for the area meeting the requirements of section 
175A of the CAA. As described below, Oregon has complied with the core 
requirements necessary for an approved maintenance plan. Accordingly, 
today's action approves the maintenance plan for Klamath Falls, Oregon.

K. Emissions Inventory--Attainment Year

    The plan must contain an attainment year emissions inventory to 
identify the level of emissions in the area which is sufficient to 
attain the PM-10 NAAQS. This inventory is to be consistent with EPA's 
most recent guidance on emissions inventories for nonattainment areas 
available at the time and should represent emissions during the time 
period associated with the monitoring data showing attainment. The 
Klamath Falls maintenance plan contains an accurate, current, and 
comprehensive emission inventory for calendar year 1996. This year is 
consistent with the design value which was calculated for 1996.

L. Demonstration of Maintenance

    EPA policy contained in the September 4, 1992, Calcagni memo, 
requires that the maintenance plan contain the same level of air 
quality modeling to demonstrate maintenance that was used in the 
original attainment plan to demonstrate attainment. The Klamath Falls 
attainment plan approved by EPA on April 14, 1997, contained simple 
proportional modeling. This approach was acceptable because Klamath 
Falls is a simple air shed and residential wood combustion is a primary 
source of emissions contributing to the measured violations. EPA agreed 
with Oregon that simple proportional modeling of emissions from 1996 to 
the maintenance year of 2015 and the use of the 1996 design value would 
be an adequate approach for the maintenance demonstration. Oregon 
projected emissions for the Klamath Falls area to 2015 using 
appropriate growth factors for population and industrial growth. The 
increase in emissions from 1996 to 2015 was used to predict both worst 
case 24-hour PM-10 and annual PM-10 concentrations.
    The 24-hour 1996 design value is 95.2 [mu]g/m \3\, based on 
measured air quality. The 1996 annual design value is 21.0 [mu]g/m \3\. 
Using the 1996 emission inventory, growth projections to 2015, and an 
additional 10% increment above the projected growth in motor vehicle 
emissions in 2015, the projected PM-10 levels will be 112.4 [mu]g/m 
\3\, worst case 24-hour concentration, and 25.3 [mu]g/m \3\, annual 
average concentration. These PM-10 concentrations are below the level 
of the 24-hour and annual standards and therefore maintenance is 
demonstrated.

M. Monitoring Network and Verification of Continued Attainment

    Continued ambient monitoring of an area is required over the 
maintenance period. Section 4.56.4.5 of the Klamath Falls maintenance 
plan provides for adequate ambient monitoring to be continued in the 
area for the maintenance period.

N. Contingency Plan

    Section 175A of the Act requires that a maintenance plan include 
contingency provisions, as necessary, to correct any violation of the 
NAAQS that occurs after redesignation. At a minimum, the contingency 
provisions must include a commitment that the State implement all 
measures contained in the nonattainment SIP prior to redesignation.
    The Klamath Falls maintenance plan continues implementation of the 
control measures contained in the nonattainment area SIP, with the 
exception of the nonattainment area major new source review. Major new 
source review will continue through the PSD program. Thus, the State 
has met the minimum requirement.
    In addition to the minimum requirements, the Klamath Falls 
maintenance plan contains a contingency plan that consists of two 
phases. Phase I is triggered if PM-10 concentrations equal or exceed 
90% of the level of either the 24-hour or annual standards. Phase I 
would require a review of various residential and outdoor burning 
requirements and alternative burning practices. Phase 2 of the 
contingency plan would require the implementation of strategies 
identified in Phase I as well as nonattainment permitting requirements 
for all new or modified major sources.

O. Transportation Conformity

    Section 176(c)(2)(A) of the CAA requires regional transportation 
plans to be consistent with the motor vehicle emissions budget (MVEB) 
contained in the applicable air quality plans for the Klamath Falls 
area. Unless EPA receives adverse comments on the MVEB for Klamath 
Falls, the motor vehicle emissions budget is deemed adequate to 
maintain the PM-10 standards through the maintenance year of 2015. The 
Oregon Department of Transportation, and the U.S. Department of 
Transportation are required to use the MVEB in this maintenance plan 
for future transportation conformity determinations.
    The MVEBs to protect for both the 24-hour and annual National 
Ambient Air Quality Standards for PM-10 are proposed for approval for 
Klamath Falls as follows:

           Klamath Falls PM10 Motor Vehicle Emissions Budgets
                         [pounds per winter day]
------------------------------------------------------------------------
                  Year                     2000    2005    2010    2015
------------------------------------------------------------------------
MVEB....................................   2949    3208    3466    3725
------------------------------------------------------------------------


           Klamath Falls PM10 Motor Vehicle Emissions Budgets
                             [tons per year]
------------------------------------------------------------------------
                  Year                     2000    2005    2010    2015
------------------------------------------------------------------------
MVEB....................................    548     596     644     692
------------------------------------------------------------------------

    Note that MVEBs for intervening years must be interpolated. In the 
case of Klamath Falls both the 24-hour and annual budgets must be 
satisfied in order to find that transportation plans conform. The TSD 
summarizes how the MVEBs meets the adequacy criteria

[[Page 60040]]

contained in the transportation conformity rule (40 CFR 93.118(e)(4)).

VI. Final Action

    EPA is approving the Klamath Falls PM-10 maintenance plan and 
redesignating the Klamath Falls, Oregon PM-10 nonattainment area to 
attainment.

VII. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office, under 
Docket number OR-02-002. The official public file consists of the 
documents specifically referenced in this action, and other information 
related to this action. The official public rulemaking file is 
available for public viewing at the Office of Air Quality, (OAQ-107), 
EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. EPA requests that, 
if at all possible, you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. EPA's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    2. Copies of the State submission and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the Oregon Department of 
Environmental Quality, 811 SW. Sixth Avenue, Portland, Oregon 97204-
1390.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or on paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking OR-02-002'' in the subject line 
on the first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD-ROM you submit, and in any cover letter accompanying 
the disk or CD-ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    a. E-mail. You may send comments by electronic mail (e-mail) to 
[email protected], please including the text ``Public comment on 
proposed rulemaking OR-02-002'' in the subject line. EPA's e-mail 
system is not an ``anonymous access'' system. If you send an e-mail 
comment directly without going through Regulations.gov, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket.
    b. Regulations.gov. You may use Regulations.gov as an alternative 
method to submit electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the 
``go'' button. The list of current EPA actions available for comment 
will be listed. Please follow the online instructions for submitting 
comments. The system is an ``anonymous access'' system, which means EPA 
will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    c. Disk or CD-ROM. You may submit comments on a disk or CD-ROM that 
you mail to the mailing address identified in section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Steven K. Body, Office of Air 
Quality, (OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle, 
Washington 98101. Please include the text ``Public comment on proposed 
rulemaking OR-02-002'' in the subject line on the first page of your 
comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Steven K. 
Body, Office of Air Quality, (OAQ-107), EPA Region 10, 1200 Sixth 
Avenue, Seattle, Washington 98101. Such deliveries are only accepted 
during the Regional Office's normal hours of operation. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m. excluding Federal holidays.

C. How Should I Submit CBI to the EPA?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
to be CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD-ROM, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is CBI). EPA will not disclose information so 
marked except in accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD-ROM, mark the outside of the 
disk or CD-ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

[[Page 60041]]

VIII. Statutory and Executive Order Reviews

    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 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 (Pub. L. 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 6, 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 December 22, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: September 24, 2003.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations 
are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart MM--Oregon

0
2. Section 52.1970 is amended by adding paragraph (c)(140) to read as 
follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *
    (140) On November 4, 2002, the Oregon Department of Environmental 
Quality requested the redesignation of Klamath Falls to attainment for 
PM-10. The State's maintenance plan and the redesignation request meet 
the requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule 340-204-0040(3)(b) as effective 
October 8, 2002.

0
3. Section 52.1973 is added to subpart MM to read as follows:


Sec.  52.1973  Approval of plans.

    (a) Carbon Monoxide [Reserved]
    (b) Lead. [Reserved]
    (c) Nitrogen Dioxide. [Reserved]
    (d) Ozone. [Reserved]
    (e) Particulate Matter.
    (1) EPA approves as a revision to the Oregon State Implementation 
Plan, the Klamath Falls PM-10 maintenance plan submitted to EPA on 
November 4, 2002.
    (2) [Reserved]
    (f) Sulfur Dioxide. [Reserved]

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. In Sec.  81.338, the table entitled ``Oregon PM-10,'' the entry for 
Klamath Falls is revised to read as follows:


Sec.  81.338  Oregon.

* * * * *

[[Page 60042]]



                                                  Oregon--PM-10
----------------------------------------------------------------------------------------------------------------
                                                Designation                          Classification
          Designated area           ----------------------------------------------------------------------------
                                         Date             Type                  Date                 Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Klamath Falls (the Urban Growth         12/22/03  Attainment
 Boundary Area).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 03-26540 Filed 10-20-03; 8:45 am]
BILLING CODE 6560-50-P