[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Rules and Regulations]
[Pages 78571-78573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32173]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2008-0155; A-1-FRL-9248-1]


Approval and Promulgation of State Implementation Plans: Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is approving State Implementation Plan (SIP) revisions 
submitted by the State of Oregon, Department of Environmental Quality 
(ODEQ). These revisions pertain to the Clean Air Act (CAA) section 
110(a) maintenance plans prepared by ODEQ, to maintain the 8-hour 
national ambient air quality standard (NAAQS) for ozone, in the 
Portland portion of the Portland/Vancouver Air Quality Maintenance Area 
(Pdx/Van AQMA), and the Salem-Keizer Area Transportation Study Air 
Quality Area (SKATS). The 110(a)(1) maintenance plans for these areas 
meet CAA requirements and demonstrate that each of the above mentioned 
areas will be able to remain in attainment for the 1997 and 2008 8-hour 
ozone NAAQS through 2015. As SKATS appears to be significantly impacted 
by emissions from the Portland area, an approved plan for the Pdx/Van 
AQMA is one of the control strategies for SKATS. Therefore, EPA is 
approving the section 110(a) plans for the Portland portion of the Pdx/
Van AQMA and SKATS at the same time.
    Additionally, the EPA is approving SIP revisions submitted by ODEQ 
that phase out the State's Vehicle Inspection Program (VIP) enhanced 
BAR-31 test, and eliminate the Gas Cap Pressure Test and the 
Evaporative Purge Tests.

DATES: This action is effective on January 18, 2012.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification Number: EPA-R10-OAR-2008-0155. All documents in 
the docket are listed on the http://www.regulations.gov Web site. 
Although listed in the index, some information may not be publicly 
available, i.e., Confidential Business Information 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 form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at EPA Region 10, Office of 
Air, Waste, and Toxics (AWT-107), 1200 Sixth Avenue, Seattle, 
Washington 98101. The EPA requests that you contact the person listed 
in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Region Office's official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Krishna Viswanathan, (206) 553-2684, 
or by email at [email protected].

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

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    On May 6, 2010 (75 FR 24844), EPA proposed to approve the State of 
Oregon's State Implementation Plan (SIP) revision that establishes a 
maintenance plan for ozone in the Portland portion of the Portland/
Vancouver Air Quality Maintenance Area (Pdx/Van AQMA) and the Salem-
Keizer Area Transportation Study Air Quality Area (SKATS). This plan 
provides measures that enable continued attainment of the 8-hour ozone 
NAAQS for at least 10 years after designation, and includes a 2002 
base-year emissions inventory. EPA also proposed approval of SIP 
revisions submitted by Oregon Department of Environmental Quality 
(ODEQ) that phase out the State's VIP enhanced BAR-31 test, and 
eliminate the Gas Cap Pressure Test and the Evaporative Purge Tests. No 
comments were received on the proposed approval of this plan. EPA is, 
accordingly, taking final action in this notice to approve the plan as 
discussed in the proposed action without change.

II. Final Action

    EPA is approving the section 110(a)(1) maintenance plan and 
supporting rules for Portland and Salem, Oregon submitted on May 22, 
2007, and described further in the Technical Support document, as 
revisions to the Oregon SIP. EPA is approving the maintenance plan and 
supporting rules for the Portland Portion of the Pdx/Van AQMA and 
SKATS. EPA is also taking final action to approve revisions to the 
Oregon SIP pertaining to motor vehicle testing provisions (Oregon SIP: 
Volume 2--section 5.4.7--Test Procedures and Standards and supporting 
rules). These revisions will not interfere with the attainment or 
maintenance of the current CO or ozone NAAQS and meet the requirements 
of section 110(a)(1) and section 110(l) of the CAA.
    EPA will retain the tables in 40 CFR part 81 that identify the 1-
hour ozone designation and classification status of each area as of the 
effective date of the 8-hour designations. (See 70 FR 44471.) 
Therefore, although the SKATS area is a State maintenance area for the 
1-hour ozone standard, 40 CFR part 81 will retain the nonattainment 
designation for the SKATS area. EPA believes that the CAA does not 
require a separate 110(l) analysis to replace 1-hour nonattainment NSR 
with PSD once an area has been redesignated to attainment for the 1997 
8-hour ozone standard, or has an approved 110(a)(1) maintenance plan 
for that standard. (See 75 FR 64677). In sum, EPA does not require

[[Page 78572]]

the continued application of 1-hour anti-backsliding nonattainment NSR 
in the SKATS area as long as Oregon interprets its SIP as applying PSD 
to this area.
    EPA is incorporating by reference the revisions submitted by the 
State to the Oregon Administrative Rules, Chapter 340 as identified 
below. Certain other provisions of the Oregon SIP are addressed and 
approved by this action but are not being incorporated by reference 
into 40 CFR Part 52 to avoid potential conflict with EPA's independent 
authorities. See also 68 FR 2891, 2900-2901 (January 22, 2003) for a 
discussion of Oregon's underlying statutory authority.

III. 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 action:
     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 February 17, 2012. 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. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: November 9, 2011.
Dennis J. McLerran,
Regional Administrator, Region 10.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
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)(152) to read as 
follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *
    (152) On August 9, 2005, and May 22, 2007, the Oregon Department of 
Environmental Quality submitted revisions to the Oregon State 
Implementation Plan. The revisions provide an ozone maintenance plan 
under section 110(a)(1) of the CAA for the Portland portion of the 
Portland-Vancouver Air Quality Maintenance Area and the Salem-Keizer 
Area Transportation Study Air Quality Area, and phase out of the 
State's VIP enhanced BAR-31 test, the elimination of the Gas Cap 
Pressure Test and the Evaporative Purge Test. The State's maintenance 
plan revisions meet the requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective April 12, 2007:
    (1) Division 200, General Air Pollution Procedures and Definitions: 
Rule 0025, Abbreviations and Acronyms;
    (2) Division 202, Ambient Air Quality Standards and PSD Increments: 
Rule 0090, Ozone;
    (3) Division 204, Designation of Air Quality Areas: Rule 0010, 
Definitions; Rule 0030, Designation of Nonattainment Areas, the 
undesignated introductory text, (2); Rule 0040, Designation of 
Maintenance Areas, the undesignated introductory text, (2);
    (4) Division 224, Major New Source Review: Rule 0050, Requirements 
for Sources in Nonattainment Areas; Rule 0060, Requirements for Sources 
in Maintenance Areas;
    (5) Division 225, Air Quality Analysis Requirements; Rule 0090, 
Requirements for Demonstrating a Net Air Quality Benefit;
    (6) Division 232, Emission Standards for VOC Point Sources: Rule 
0010, Introduction; Rule 0020, Applicability;

[[Page 78573]]

    (7) Division 242, Rules Applicable to the Portland Area, Employee 
Commute Options Program: Rule 0010, What is the Employee Commute 
Options Program?; Rule 0020, Who is Subject to ECO?; Rule 0030, What 
Does ECO require?; Rule 0040, How Does the Department Enforce ECO?; 
Rule 0050, Definitions of Terms Used in These Rules; Rule 0070, What 
are the Major Requirements of ECO?; Rule 0080, What are the 
Registration Requirements?; Rule 0090, What are the Requirements for an 
Employee Survey?; Rule 0110, What if an Employer Does Not Meet the 
Target Auto Trip Rate?; Rule 0120, How Will Employers Demonstrate 
Progress Toward the Target Auto Trip Rate?; Rule 0160, What Should Be 
Included in an Auto Trip Reduction Plan?; Rule 0180, What is a Good 
Faith Effort?; Rule 0190, How Does the ECO Program Affect New 
Employees, Expanding Employers and Employers Relocating within the 
Portland AQMA?; Rule 0200, Can a New or Relocating Employer Comply with 
ECO Through Restricted Parking Ratios?; Rule 0210, Can an Existing 
Employer Comply with ECO Through Restricted Parking Ratios?; Rule 0220, 
What if an Employer Has More Than One Work Site Within the Portland 
AQMA?; Rule 0240, Are There Alternatives to Trip Reduction?; Rule 0260, 
Can Employers Get Credit for Existing Trip Reduction Programs?; Rule 
0270, Are Exemptions Allowed if an Employer is Unable to Reduce Trips 
or Take Advantage of Alternate Compliance Options?; Rule 0280, 
Participation in the Industrial Emission Management Program; Rule 0290, 
What Kind of Records Must be Kept and for How Long?;
    (8) Division 242, Rules Applicable to the Portland Area, Industrial 
Emission Management Program: Rule 0400, Applicability; Rule 0410, 
Definition of Terms; Rule 0420, Unused PSEL Donation Program; Rule 
0430, Industrial Growth Allowances; Rule 0440, Industrial Growth 
Allowance Allocation.
    (B) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective July 12, 2005;
    (1) Division 256, Motor Vehicles, Rule 0010, Definitions;
    (2) Division 256, Motor Vehicles, Visible Emissions: Rule 0100, 
Visible Emissions--General Requirements, Exclusions; Rule 0130, Motor 
Vehicle Fleet Operation;
    (3) Division 256, Motor Vehicles, Emission Control System 
Inspection: Rule 0300, Scope; Rule 0310, Government-Owned Vehicle, 
Permanent Fleet Vehicle and United States Government Vehicle Testing 
Requirements; Rule 0340, Light Duty Motor Vehicle and Heavy Duty 
Gasoline Motor Vehicle Emission Control Test Method for Basic Program; 
Rule 0350, Light Duty Motor Vehicle Emission Control Test Method for 
Enhanced Program; Rule 0380, Light Duty Motor Vehicle Emission Control 
Test Criteria for Basic Program; Rule 0390, Heavy Duty Gasoline Motor 
Vehicle Emission Control Test Criteria.
    (ii) Additional material.
    (A) SIP Volume 2 Section 5.4.7: Test Procedures and Standards, as 
effective July 12, 2005.

0
3. Section 52.1973 is amended by revising paragraph (d) to read as 
follows:


Sec.  52.1973  Approval of plans.

* * * * *
    (d) Ozone. (1) EPA approves as a revision to the Oregon State 
Implementation Plan, the section 110(a)(1) ozone maintenance plans for 
Portland and Salem, submitted to EPA on May 22, 2007.
    (2) [Reserved]
* * * * *
[FR Doc. 2011-32173 Filed 12-16-11; 8:45 am]
BILLING CODE 6560-50-P