[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79655-79661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30825]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R10-OAR-2007-0915; FRL-8747-7]


Approval and Promulgation of State Implementation Plans: Oregon; 
Salem Carbon Monoxide Nonattainment Area; Designation of Areas for Air 
Quality Planning Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve a redesignation 
request and a State Implementation Plan (SIP) revision submitted by the 
State of Oregon. On August 9, 2007 the State of Oregon submitted a 
request to EPA that the Salem carbon monoxide (CO) nonattainment area 
be redesignated to attainment for the CO National Ambient Air Quality 
Standard (NAAQS) and concurrently submitted a maintenance plan that 
provides for continued attainment of the CO NAAQS. The Salem CO 
nonattainment area has not violated the 8-hour CO NAAQS since 1985.

DATES: This rule is effective on March 2, 2009, without further notice, 
unless EPA receives adverse comment by January 29, 2008. If EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2007-0915, by any of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Mail: Claudia Vergnani Vaupel, EPA Region 10, Office of 
Air, Waste and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, 
WA 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle, WA 98101. Attention: Claudia Vergnani Vaupel, 
Office of Air, Waste and Toxics, AWT-107. Such deliveries are only 
accepted during normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2007-0915. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the

[[Page 79656]]

Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Office of Air, Waste 
and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Claudia Vergnani Vaupel at telephone 
number: (206) 553-6121, e-mail address: [email protected], or the 
above EPA, Region 10 address.

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

Table of Contents

I. What Is the Purpose of This Action?
II. What Is the Background for This Action?
III. Redesignation and Maintenance Plan Requirements
    A. Requirements for Redesignation of Nonattainment Areas
    B. Maintenance Plan Requirements
    C. Conformity Requirements
IV. Evaluation of the Redesignation Request and Maintenance Plan
    A. Evaluation of Redesignation Requirements
    1. Has the Salem Nonattainment Area Attained the Applicable 
NAAQS?
    2. Does the Salem Nonattainment Area Have a Fully Approved SIP 
Under Section 110(k) of the Act?
    3. Has the State Demonstrated the Air Quality Improvement Is Due 
to Permanent and Enforceable Reductions?
    4. Has the State Met All Applicable Requirements Under Section 
110 and Part D of the Act?
    5. Does the Area Have a Fully Approved Maintenance Plan Pursuant 
to Section 175A of the Act?
    B. Evaluation of Maintenance Plan Requirements
    1. Does the State Have an Approved Attainment Emissions 
Inventory?
    2. Has the State Demonstrated the CO Standard Will Be 
Maintained?
    3. How Will the State Continue To Verify Attainment?
    4. What Contingency Plan Does the State Provide?
    C. Transportation and General Conformity
    1. How Is Transportation Conformity Demonstrated to a Limited 
Maintenance Plan?
    2. What Is the Adequacy Status of This Limited Maintenance Plan?
    3. Are the Requirements for General Conformity Altered Under 
This Limited Maintenance Plan?
V. Final Action
VI. Oregon Notice Provision
VII. Statutory and Executive Order Reviews

I. What Is the Purpose of This Action?

    EPA is taking direct final action to approve the State of Oregon's 
August 9, 2007 request to redesignate the Salem CO nonattainment area 
to attainment for the CO NAAQS and to approve the Salem area CO 
maintenance plan. The Salem CO nonattainment area is eligible for 
redesignation to attainment for the 8-hour CO NAAQS because the area 
has not violated the CO standard since 1985. The CO maintenance plan 
meets the requirements of the Clean Air Act (the Act) and demonstrates 
that the Salem area will be able to remain in attainment for CO for the 
next 10 years.

II. What Is the Background for This Action?

    The Salem CO nonattainment area is located in the central 
Willamette Valley of north western Oregon. On March 3, 1978, a 32 
square mile area within the city limits of Salem was designated by EPA 
as nonattainment for the CO NAAQS (43 FR 9028). EPA approved an 
expansion to the original nonattainment area on June 24, 1980 (45 FR 
42275). Although Oregon refers to the expanded nonattainment area as 
the Salem-Keizer Area Transportation Study or Salem-Keizer area, for 
purposes of this action, we are referring to the expanded nonattainment 
area as the Salem CO nonattainment area.
    On June 29, 1979, the State of Oregon submitted to EPA a control 
strategy for the Salem CO nonattainment area designed to bring about 
attainment of the CO NAAQS. In EPA's approval of the SIP revision, it 
was noted that over 99 percent of CO emissions in the Salem CO 
nonattainment area originated from mobile sources and the control 
strategy relied only on the Federal Motor Vehicle Emission Control 
Program to demonstrate attainment (45 FR 42275, June 24, 1980). Based 
on air quality monitoring data, the Salem CO nonattainment area 
achieved the CO NAAQS in 1987.
    Under section 107(d)(1)(C), any area that was designated 
nonattainment before the date of enactment of the Clean Air Act 
Amendments of 1990 was to retain the designation upon enactment by 
operation of law. CO nonattainment areas that had not violated the CO 
standard in either year for the two-year period 1988-1989 were to be 
designated nonattainment and identified as ``not classified'' 
nonattainment areas. Accordingly, on November 6, 1991, the Salem CO 
nonattainment area was designated nonattainment for the CO NAAQS by EPA 
and identified as ``not-classified'' (56 FR 56818).
    As vehicle emission standards have become more stringent, CO 
concentrations in the Salem area have continued to decline. In the last 
10 years, the highest design value (second highest 8-hour average CO 
concentration) measured in Salem in any calendar year by the approved 
monitoring network was 5.9 ppm, which is less than the 8-hour CO 
standard of 9.0 ppm. In order for the Salem CO nonattainment area to be 
redesignated to attainment, the State must submit to EPA for approval a 
redesignation request and a maintenance plan that ensures continued 
attainment of the CO NAAQS. A SIP revision containing these elements 
was submitted to EPA on August 9, 2007.

III. Redesignation and Maintenance Plan Requirements

    Nonattainment areas can be redesignated to attainment after the 
area has measured air quality data showing that it has attained the 
NAAQS and when certain planning requirements are met. EPA has reviewed 
the State's redesignation request and maintenance plan. EPA believes 
the submittal meets the requirements of section 107(d)(3)(E). The 
requirements for redesignation and maintenance plan approval are 
presented below and our evaluation of how the current submittal meets 
these requirements is presented in section IV.

A. Requirements for Redesignation of Nonattainment Areas

    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 has attained the applicable NAAQS.
    2. The area must have a fully approved implementation plan under 
section 110(k).
    3. The air quality improvement is due to permanent and enforceable 
reductions in emissions.

[[Page 79657]]

    4. The area must meet all relevant requirements under section 110 
and Part D of the Act.
    5. The area must have a fully approved maintenance plan pursuant to 
section 175A.

B. Maintenance Plan Requirements

    Section 175A of the Act defines the general framework of a 
maintenance plan, which must provide for maintenance (i.e., continued 
attainment) of the relevant NAAQS in the area for at least 10 years 
after redesignation. The following is a list of core provisions 
required in an approvable maintenance plan.
    1. The State must develop an attainment emissions inventory to 
identify the level of emissions in the area which is sufficient to 
attain the NAAQS.
    2. The State must demonstrate maintenance of the NAAQS.
    3. The State must verify continued attainment through operation of 
an appropriate air quality monitoring network.
    4. The maintenance plan must include contingency provisions to 
promptly correct any violation of the NAAQS that occurs after 
redesignation of the area.

C. Conformity Requirements

    Section 176(c) of the Act prohibits Federal entities from taking 
actions in nonattainment or maintenance areas which do not conform to 
the SIP for the attainment and maintenance of the NAAQS. EPA 
promulgated two sets of regulations to implement section 176(c), the 
transportation conformity rule and the general conformity rule (40 CFR 
parts 51 and 93). Under either conformity rule, an acceptable method of 
demonstrating that a Federal action conforms to the applicable SIP is 
to demonstrate that expected emissions from the planned action are 
consistent with the emissions budget for the area.

IV. Evaluation of the Redesignation Request and Maintenance Plan

    We have reviewed the redesignation request and maintenance plan for 
the Salem CO nonattainment area and conclude that the submittal meets 
the requirements of section 107(d)(3)(E), noted above. The following is 
our evaluation of how each of the requirements is met.

A. Evaluation of Redesignation Requirements

1. Has the Salem Nonattainment Area Attained the Applicable NAAQS?
    The 8-hour CO NAAQS is 9 parts per million (10 milligrams per cubic 
meter) for an 8-hour average, not to be exceeded more than once per 
year. An area seeking redesignation to attainment must show attainment 
of the CO NAAQS for at least two consecutive calendar years. States 
must demonstrate that an area has attained the CO NAAQS through 
complete quality-assured data. The redesignation request for the Salem 
CO nonattainment area is based on air quality data that shows the CO 
standard was not violated for the 20-year period from 1986 through 
2006. These data were collected by the Oregon Department of 
Environmental Quality (ODEQ) in accordance with 40 CFR 50.8 and entered 
in EPA's Air Quality System. Since 2006, ODEQ has continued to verify 
attainment in the Salem area by conducting a triennial review of Marion 
and Polk County CO emissions from the statewide emissions inventory and 
tracking CO measurements in other areas of the state. Because the Salem 
area has complete quality-assured monitoring data and emissions 
inventory data showing attainment with no violations after 1986, EPA 
concludes that the area has attained the NAAQS for CO.
2. Does the Salem Nonattainment Area Have a Fully Approved SIP Under 
Section 110(k) of the Act?
    Section 110(k) contains the requirements for EPA action on plan 
submissions. In order to qualify for redesignation, the SIP for the 
area must be fully approved under section 110(k) of the Act. Based on 
the approval into the SIP of provisions under the pre-1990 Act (37 FR 
10888, May 31, 1972 and 45 FR 42275, June 24, 1980) and documentation 
that has been provided in this SIP submission, we conclude that Oregon 
has a fully approved SIP for the Salem CO nonattainment area under 
section 110(k).
3. Has the State Demonstrated the Air Quality Improvement Is Due to 
Permanent and Enforceable Reductions?
    The State must be able to reasonably attribute the improvement in 
air quality to permanent and enforceable emission reductions resulting 
from implementation of the applicable implementation plan, applicable 
Federal air pollutant control regulations, and other permanent and 
enforceable reductions.
    The State attributes the reductions in CO emissions in the Salem 
area primarily to the Federal Motor Vehicle Emission Control Program 
and fleet turnover, the control measures relied on in the CO attainment 
plan. Although emissions inventories reveal that the highest wintertime 
emissions in the Salem area are currently from woodstoves and 
fireplaces, the State explained in its submittal that these sources are 
widely distributed throughout the area and contribute to low-level CO 
concentrations. Due to the tendency of mobile on-road sources to 
assemble spatially, mobile on-road sources continue to be the most 
likely to produce the highest CO concentrations in the Salem area.
    We have evaluated the control measures used and the attainment 
emission inventory and conclude that emissions reductions in the 
attainment year are not the result of short term economic slow downs or 
unusual meteorological conditions. In its submittal, the State has 
demonstrated that emissions reductions from the Federal Motor Vehicle 
Emission Standards and fleet turnover will continue into the 
maintenance period. We conclude that the improvement in air quality in 
the Salem CO nonattainment area has resulted from emission reductions 
that are permanent and enforceable.
4. Has the State Met All Applicable Requirements Under Section 110 and 
Part D of the Act?
    Section 107(d)(3)(E)(v) requires that an area must meet all 
applicable requirements under section 110 and Part D of the Act. EPA 
interprets this requirement to mean that the State must meet all 
requirements that applied to the area prior to, or at the time of, the 
submission of a complete redesignation request. The following is a 
summary of how the Salem area meets these requirements.
a. Section 110 Requirements
    Section 110(a)(2) of the Act contains general requirements for 
nonattainment plans. On May 31, 1972, EPA approved the original Oregon 
SIP as meeting the requirements of section 110(a)(2) of the Act (37 FR 
10888). For the purpose of this redesignation, EPA review of the Oregon 
SIP shows that the State has satisfied all requirements under section 
110(a)(2) of the Act. Further, in 40 CFR 52.1972, EPA has approved 
Oregon's plan for the attainment and maintenance of the national 
standards under section 110.
b. Part D Requirements
    Part D contains general requirements applicable to all areas 
designated nonattainment. On June 24, 1980, EPA approved the State of 
Oregon's Part D plan for the Salem CO nonattainment area (45 FR 42275). 
Following enactment of the Clean Air Act Amendments of 1990, the Salem 
CO

[[Page 79658]]

nonattainment area was designated nonattainment for the CO NAAQS by 
operation of law. Because the area had not violated the CO standard in 
either year for the two-year period 1988-1989, it was identified as a 
``not classified'' nonattainment area (56 FR 56818, November 6, 1991). 
Before the Salem ``not classified'' CO nonattainment area may be 
redesignated to attainment, the State must have fulfilled the 
applicable requirements of Part D. Under Part D, an area's 
classification indicates the requirements to which it is subject. 
Subpart 1 of Part D sets forth the basic nonattainment requirements 
applicable to all nonattainment areas, whether classified or 
nonclassifiable.
    The relevant subpart 1 requirements are contained in sections 
172(c) and 176. The General Preamble provides EPA's interpretation of 
the requirements for ``not classified'' CO areas (57 FR 13535). The 
General Preamble reads: ``Although it seems clear that the CO-specific 
requirements of subpart 3 of Part D do not apply to CO ``not 
classified'' areas, the 1990 Clean Air Act Amendments are silent as to 
how the requirements of subpart 1 of Part D, which contains general SIP 
planning requirements for all designated nonattainment areas, should be 
interpreted for such CO areas. Nevertheless, because these areas are 
designated nonattainment, some aspects of subpart 1 necessarily 
apply.''
    The General Preamble provides that for ``not classified'' CO 
nonattainment areas, the applicable requirements of section 172 are: 
Section 172(c)(3)--Emissions Inventory; section 172(c)(5) New Source 
Review (NSR); and section 172(c)(7)--Compliance with section 110(a)(2) 
Air Quality Monitoring Requirements.
[1] Section 172(c)(3)--Emissions Inventory
    Section 172(c)(3) of the Act requires a comprehensive, accurate, 
current inventory of all actual emissions from all sources in the Salem 
CO nonattainment area. Oregon's submittal provided an emission 
inventory for the Salem CO maintenance plan for the 1999 attainment 
year. The State explained that it considers the use of the 1999 
emissions inventory to be as good as, or more conservative than, the 
use of a more recent year because 1999 represents the year with the 
highest design value in the last 10-year period. Additionally, the 
State provided a fleet-average emission factor analysis showing that CO 
emission rates from on-road motor vehicles will continue to decline 
well below the 1999 rates. The State explained that the tendency of 
mobile on-road sources to assemble spatially makes this source the most 
likely to produce the highest CO concentrations in the Salem area. We 
have reviewed the emission inventory and determined that it meets the 
emission inventory obligation and that it represents emissions in the 
area that provide for attainment with a 1998-1999 design value of 5.9 
ppm CO.
[2] Section 172(c)(5)--New Source Review
    The Act requires all nonattainment areas to meet several 
requirements regarding NSR. The State must have an approved NSR program 
that meets the requirements of section 172(c)(5). EPA evaluated and 
initially approved the ODEQ NSR program on August 13, 1982 (47 FR 
35191), as being equivalent or more stringent than EPA's regulations on 
a program basis. EPA most recently approved the ODEQ NSR program, on 
January 22, 2003 (68 FR 2891) and revisions on June 19, 2006 (71 FR 
35163).
    In the Salem CO nonattainment area, the requirements of the Part D 
NSR program will be replaced by the Prevention of Significant 
Deterioration (PSD) program upon the effective date of this 
redesignation. We fully approved Oregon's PSD program on January 22, 
2003 (68 FR 2891) and revisions on June 19, 2006 (71 FR 35163). See 
Oregon Administrative Rules Chapter 340, Divisions 200, 202, 209, 212, 
216, 222, 224, 225 and 268.
[3] Section 172(c)(7)--Compliance With Section 110(a)(2): Air Quality 
Monitoring Requirements
    According to the General Preamble of April 16, 1992, ``not 
classified'' CO nonattainment areas should meet the ``applicable'' air 
quality monitoring requirements of section 110(a)(2) of the Act. EPA 
previously approved Oregon's SIP for monitoring on December 5, 1980 (45 
FR 80559). Most recently, EPA approved Oregon's monitoring network for 
all pollutants, including CO, on November 16, 2007.
5. Does the Area Have a Fully Approved Maintenance Plan Pursuant to 
Section 175A of the Act?
    For an area to be redesignated to attainment, the area must have a 
fully approved maintenance plan meeting the requirements of section 
175A of the Act. The plan must demonstrate continued attainment of the 
applicable NAAQS for at least 10 years after redesignation to 
attainment. In this action, we are approving the maintenance plan 
submitted by the State on August 9, 2007. We evaluate the plan in the 
following section and conclude that the requirements for an approvable 
maintenance plan under the Act have been met.

B. Evaluation of Maintenance Plan Requirements

    EPA must fully approve a maintenance plan that meets the 
requirements of section 175A of the Act. Section 175A defines the 
general framework of a maintenance plan, which must provide for 
maintenance, i.e., continued attainment, of the relevant NAAQS in the 
area for at least 10 years after redesignation. In addition, areas that 
can demonstrate CO design values at or below 7.65 ppm (85 percent of 
exceedance levels of the CO NAAQS) for 8 consecutive quarters may use a 
limited maintenance plan option.
    The 8-hour CO design value for the Salem area is 5.9 ppm and the 
State of Oregon has opted to develop a limited maintenance plan to keep 
the area in attainment for the next 10 years. The following is our 
evaluation of how the maintenance requirements are met.
1. Does the State Have an Approved Attainment Emissions Inventory?
    The maintenance plan must contain an attainment emissions inventory 
to identify a level of emissions in the area which is sufficient to 
attain the CO NAAQS. This inventory is to be consistent with EPA's most 
recent guidance on emissions inventories for nonattainment areas and 
should represent emissions during the time period associated with the 
monitoring data showing attainment. The inventory should be based on 
actual ``typical winter day'' emissions of CO. Areas meeting the 
criteria for a limited maintenance plan are not required to provide a 
future-year emission inventory.
    The Salem CO maintenance plan contains an attainment emissions 
inventory for the year 1999. The State explained that it considers the 
1999 attainment year to be as good as, or more conservative than, the 
use of a more recent year because it represents the year with the 
highest design value in the last 10-year period. In addition, the State 
provided an emission factor analysis of on-road motor vehicles, the 
source considered to be the most likely to produce the highest CO 
concentrations, showing that CO emission rates from on-road motor 
vehicles will continue to decline well below the 1999 rates.
    We have reviewed the 1999 emission inventory and determined that it 
is consistent with EPA's most recent guidance on maintenance plan 
emission

[[Page 79659]]

inventories. The 1999 attainment year coincides with a period in which 
a design value of 5.9 ppm CO was calculated. Therefore, this inventory 
represents emissions during an attainment year and meets the 
maintenance plan emission inventory requirement. The table below shows 
the pounds of CO emitted per winter day in 1999 by source category.

         Summary of 1999 Seasonal CO Emissions in the Salem Area
------------------------------------------------------------------------
                                                           Seasonal day
                  Main source category                     CO emissions
                                                             (lb/day)
------------------------------------------------------------------------
Stationary Point........................................          57,168
Stationary Area.........................................         239,142
Mobile Non-Road.........................................          19,820
Mobile On-Road..........................................         197,400
                                                         ---------------
    Total All Sources...................................         513,530
------------------------------------------------------------------------

2. Has the State Demonstrated the CO Standard Will Be Maintained?
    The Salem CO maintenance plan was developed using the limited 
maintenance plan option, which is available to ``not classified'' CO 
areas that can demonstrate design values at or below 7.65 ppm (85 
percent of exceedance levels of the CO NAAQS) for 8 consecutive 
quarters. For areas using the limited maintenance plan option, the 
maintenance plan demonstration requirement is considered to be 
satisfied because EPA believes if the area begins the maintenance 
period at or below 85 percent of exceedance levels, the air quality 
along with the continued applicability of PSD requirements, any control 
measures already in the SIP, and Federal measures, should provide 
adequate assurance of maintenance over the initial 10-year maintenance 
period. There is no requirement to project emissions over the 
maintenance period.
    The CO design value for 1998-1999 for the Salem area is 5.9 ppm, 
which is below the limited maintenance plan requirement of 7.65 ppm. 
Therefore, the Salem area has adequately demonstrated that it will 
maintain the CO NAAQS 10 years into the future.
3. How Will the State Continue To Verify Attainment?
    To verify the attainment status of the area over the maintenance 
period, the maintenance plan should contain provisions for continued 
operation of an appropriate, EPA-approved monitoring network in 
accordance with 50 CFR part 58. The State of Oregon has an approved 
monitoring network that includes the Salem area. The monitoring network 
was most recently approved by EPA on November 16, 2007. In the 2006 
Ambient Air Monitoring Network Assessment, EPA approved ODEQ's request 
to discontinue CO monitoring at Salem because recent monitoring data 
indicated that 8-hour averages were about one-half of the CO standard. 
ODEQ will track CO measurements in other areas of the state where 
monitors remain. If ambient CO levels rise significantly, ODEQ will 
resume monitoring in the Salem area. In addition, ODEQ will continue to 
verify attainment in the Salem area by conducting a triennial review of 
Marion and Polk County CO emissions from the statewide emissions 
inventory.
4. What Contingency Plan Does the State Provide?
    Section 175A(d) of the Act requires that a maintenance plan include 
contingency provisions, as necessary, to promptly correct any violation 
of the NAAQS which may occur after redesignation of the area to 
attainment. The Salem CO maintenance plan requires ODEQ to resume 
ambient CO monitoring directly in the Salem area if a significant 
increase in CO emissions is shown as described above. If a violation of 
the standard occurs, the plan contains a contingency measure that 
requires new and expanding industries to install lowest achievable 
emission rate controls and for ODEQ to investigate and take necessary 
corrective action to bring the area into compliance. EPA believes that 
the contingency measures in the Salem CO maintenance plan meet the 
contingency provision requirements of 175A(d).

C. Transportation and General Conformity

1. How Is Transportation Conformity Demonstrated to a Limited 
Maintenance Plan?
    Under the limited maintenance plan option, emissions budgets are 
treated as essentially not constraining for the maintenance period 
because it is unreasonable to expect that qualifying areas would 
experience so much growth in that period that a NAAQS violation would 
result. For transportation conformity purposes, EPA would conclude that 
emissions in these areas need not be capped for the maintenance period 
and therefore a regional emissions analysis would not be required.
    While areas with maintenance plans approved under the limited 
maintenance plan option are not subject to the budget test, the areas 
remain subject to other transportation conformity requirements of 40 
CFR part 93, subpart A. Thus, the metropolitan planning organization 
(MPO) in the area or the State must document and ensure that:
    a. Transportation plans and projects provide for timely 
implementation of SIP transportation control measures in accordance 
with 40 CFR 93.113;
    b. Transportation plans and projects comply with the fiscal 
constraint element per 40 CFR 93.108;
    c. The MPO's interagency consultation procedures meet applicable 
requirements of 40 CFR 93.105;
    d. Conformity of transportation plans is determined no less 
frequently than every four years, and conformity of plan amendments and 
transportation projects is demonstrated in accordance with the timing 
requirements specified in 40 CFR 93.104;
    e. The latest planning assumptions and emissions model are used as 
set forth in 40 CFR 93.110 and 40 CFR 93.111;
    f. Projects do not cause or contribute to any new localized carbon 
monoxide or particulate matter violations, in accordance with 
procedures specified in 40 CFR 93.123; and
    g. Project sponsors and/or operators provide written commitments as 
specified in 40 CFR 93.125.
2. What Is the Adequacy Status of This Limited Maintenance Plan?
    On October 7, 2008, EPA posted a proposal to find the Salem limited 
maintenance plan Motor Vehicle Emissions Budget adequate for 
transportation conformity purposes on EPA's conformity Web site: http://www.epa.gov/oms/traq. As stated above, limited maintenance plan 
budgets are unconstrained and consequently, the adequacy review period 
for these maintenance plans serves to allow the public to comment on 
whether limited maintenance is appropriate for these areas. Interested 
parties may comment on the adequacy and approval of the limited 
maintenance plans by submitting their comments on the proposed rule 
published concurrently with this direct final rule. The comment period 
for the adequacy posting for the Salem limited maintenance plan ended 
on November 6, 2008. EPA did not receive any comments on this posting.
3. Are the Requirements for General Conformity Altered Under This 
Limited Maintenance Plan?
    Although the requirements to perform a regional emissions analysis 
and budget test under the transportation conformity rule are altered 
under a limited maintenance plan, the

[[Page 79660]]

requirements for general conformity are not changed. Subpart B General 
Conformity Rules for Federal actions still apply.

V. Final Action

    EPA is taking direct final action to approve the Salem CO 
maintenance plan and redesignate the Salem CO nonattainment area to 
attainment. This action is based on our evaluation of ODEQ's August 9, 
2007 submittal. We conclude that the Clean Air Act requirements are 
effectively satisfied and we believe the area will continue to meet the 
NAAQS for CO for at least ten years beyond this redesignation, as 
required by the Act.
    EPA is incorporating by reference the revisions submitted by the 
State to the Oregon Administrative Rules, Chapter 340, Division 204, 
Sections: 0030 (1) and (2), and 0040 [except (2)(c)], as effective June 
28, 2007. EPA is taking no action on Chapter 340, Division 200, Section 
0040, State of Oregon Clean Air Act Implementation Plan, because this 
section describes the State's procedures for adopting its SIP and 
incorporates by reference all of the revisions adopted by the 
Environmental Quality Council for approval into the Oregon SIP (as a 
matter of state law). This is not what is actually approved by EPA as 
the Federally-enforceable SIP for Oregon, so we are therefore taking no 
action on it. Previously, 340-200-0040 had been approved by EPA into 
the SIP in error and we are revising Sec.  52.1970(c)(145)(i)(A) to 
correct this error.

VI. Oregon Notice Provision

    ORS 468.126, prohibits ODEQ from imposing a penalty for violation 
of an air, water or solid waste permit unless the source has been 
provided five days' advanced written notice of the violation and has 
not come into compliance or submitted a compliance schedule within that 
five-day period. By its terms, the statute does not apply to Oregon's 
Title V program or to any program if application of the notice 
provision would disqualify the program from federal delegation. Oregon 
has previously confirmed that, because application of the notice 
provision would preclude EPA approval of the Oregon SIP, no advance 
notice is required for violation of SIP requirements.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 March 2, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

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

    Dated: November 21, 2008.
Elin D. Miller,
Regional Administrator, EPA 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.

[[Page 79661]]

Subpart MM--Oregon

0
2. Section 52.1970 is amended by revising paragraph (c)(145)(i)(A) and 
adding paragraph (c)(149) to read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *
    (145) * * *
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules, Chapter 340: 240-0090 and 240-
0440, as effective December 15, 2004.
* * * * *
    (149) On August 9, 2007, the Oregon Department of Environmental 
Quality submitted a CO maintenance plan and requested redesignation of 
the Salem CO nonattainment area to attainment for CO. The State's 
maintenance plan and the redesignation request meet the requirements of 
the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following revised sections of Oregon Administrative Rule 
340: 204-0030 Designation of Nonattainment Areas (1) and (2) and 204-
0040 Designation of Maintenance Areas (except (2)(c)), as effective 
June 28, 2007.

0
3. Section 52.1973 is amended by adding paragraph (a)(2) to read as 
follows:


Sec.  52.1973  Approval of plans.

    (a) * * *
    (2) EPA approves as a revision to the Oregon State Implementation 
Plan, the Salem carbon monoxide maintenance plan submitted to EPA on 
August 9, 2007.
* * * * *

PART 81--[AMENDED]

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

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


0
5. In Sec.  81.338, the table entitled ``Oregon-Carbon Monoxide'' is 
amended by revising the entry for ``Salem Area'' to read as follows:


Sec.  81.338  Oregon.

* * * * *

                                                                 Oregon--Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Designation                                             Classification
            Designated area            -----------------------------------------------------------------------------------------------------------------
                                            Date\1\                       Type                       Date\1\                       Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
                                                        Attainment.............................
Salem Area:
    Salem Area Transportation Study             3/2/08
     Marion County (part).
    Polk County (part)................          3/2/08
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *
 [FR Doc. E8-30825 Filed 12-29-08; 8:45 am]
BILLING CODE 6560-50-P