Approval and Promulgation of Air Quality Implementation Plans; Oregon

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OR-32-1-5935; FRL-4824-4]

Approval and Promulgation of Air Quality Implementation Plans;

Oregon

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a

revision to the Oregon State Implementation Plan (SIP) for the

attainment of National Ambient Air Quality Standards for carbon

monoxide in the Portland and Medford-Ashland nonattainment areas. This

revision provides for the adoption and implementation of a vehicle

inspection/maintenance (I/M) program meeting all requirements of EPA

regulations, published in the Federal Register on November 5, 1992,

concerning vehicle I/M programs.

EFFECTIVE DATE: This action will become effective on March 21, 1994,

unless notice is received by February 18, 1994, that someone wishes to

submit adverse or critical comments. If the effective date is delayed,

timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Montel Livingston,

SIP Manager, Air and Radiation Branch (AT-082), United States

Environmental Protection Agency, 1200 6th Avenue, Seattle, Washington

98101.

Copies of the documents relevant to this action are available for

public inspection during normal business hours at: Air and Radiation

Branch (Docket #OR32-1-5935), United States Environmental Protection

Agency, 1200 Sixth Avenue (AT-082), Seattle, Washington 98101, and

Department of Environmental Quality, Vehicle Inspection Program, 1301

SE., Morrison Street, Portland, Oregon 97214.

FOR FURTHER INFORMATION CONTACT: Christi Lee, Air and Radiation Branch

(AT-082), United States Environmental Protection Agency, 1200 Sixth

Avenue, Seattle, Washington 98101, (206) 553-1814.

SUPPLEMENTARY INFORMATION:

Clean Air Act Requirements

The Clean Air Act as amended in 1990 (CAA or Act) requires states

to make changes to improve existing I/M programs or implement new ones.

Carbon monoxide (CO) areas with moderate area designation are required

to implement the vehicle inspection and maintenance program described

in section 182(a)(2)(B).

EPA was also directed to publish updated guidance for state I/M

programs, taking into consideration findings of the Administrator's

audits and investigations of these programs. All areas required by the

Act to have an I/M program were to incorporate this guidance into the

SIP. CO nonattainment areas with design classifications of 12.7 ppm and

below were required to meet EPA guidance for ``basic'' I/M programs.

These areas were required to submit a SIP revision to incorporate a

basic I/M program by November 15, 1992.

In Oregon a basic I/M program is required in the following

urbanized areas: Portland and Medford-Ashland Oregon.

Basis for Approval

EPA believes an approval of the committal SIP is appropriate in

this case because the state could not be expected to begin developing

an I/M program meeting the requirements of the Act and the I/M

regulation until the I/M regulation was adopted as a final rule, which

occurred on November 5, 1992. EPA does believe that states can adopt

revised I/M program plans within one year of EPA's final rule. Oregon

submitted an I/M SIP on November 15, 1993 which contains all of the

elements in the implementation schedule, including authorizing

legislation and implementing regulations. The 1993 submittal also

included an analysis of the program using the most current EPA mobile

source emission model demonstrating that the program meets the

applicable performance standard, among other features.

I/M Regulation Requirements

Requirements for I/M programs were published in the Federal

Register on November 5, 1992, under subpart S, part 51, title 40, Code

of Federal Regulations (I/M Regulation). The I/M Regulation required

each state that must implement an I/M program to submit by November 15,

1992, a SIP revision including two elements, a commitment from the

Governor or his designee to the timely adoption and implementation of

an I/M program meeting all requirements of the I/M regulation, and a

schedule of implementation.

State Submittals

Oregon submitted a committal SIP to EPA on May 14, 1993. A public

hearing on this submittal was held by the Oregon Department of

Environmental Quality (DEQ) on April 20, 1993. EPA deemed the committal

SIP complete on May 14, 1993. The submittal includes a commitment to

the timely adoption and implementation of an I/M program meeting all

requirements of the I/M regulation and the Act, and a schedule of

implementation.

Statement of Approvability

Under the authority of the Governor's designee, the state of

Oregon's DEQ submitted a SIP revision to satisfy the requirements of

the I/M regulation to the EPA on May 14, 1993. The Agency has reviewed

this submittal and is approving it under section 110(k)(4).

Regulatory Process

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and entities with jurisdiction over populations less than 50,000.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of

Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions

(54 FR 2222) from the requirements of section 3 of Executive Order

12291 for a period of two years. EPA has submitted a request for a

permanent waiver for Table 2 and Table 3 SIP revisions. OMB has agreed

to continue the waiver until such time as it rules on EPA's request.

This request continues in effect under Executive Order 12866 which

superseded Executive Order 12291 on September 30, 1993.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State Implementation Plan. Each request for revision to

the SIP shall be considered separately in light of specific technical,

economic and environmental factors and in relation to relevant

statutory and regulatory requirements.

Under 5 U.S.C. 605(b), I certify that this revision will not have a

significant economic impact on a substantial number of small entities

(see 46 FR 8709).

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. This action will be effective March 21, 1994,

unless, by February 18, 1994, notice is received that adverse or

critical comments will be received. If such notice is received, this

action will be withdrawn before the effective date by publishing two

subsequent notices. One notice will withdraw the final action and

another will begin a new rulemaking by announcing a proposal of the

action and establishing a comment period. If no such comments are

received, the public is advised that this action will be effective

March 21, 1994.

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 21, 1994. 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)) (see 42 U.S.C. 7607

(b)(2)).

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the state is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.SE.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Motor vehicle pollution, Nitrogen oxide, Ozone, Particulate matter,

Volatile organic compounds.

Note: Incorporation by reference of the Implementation Plan for

the State of Oregon was approved by the Director of the Office of

Federal Register on July 1, 1982.

Dated: December 29, 1993.

Jane S. Moore,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulation is

amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart MM--Oregon

2. Section 52.1970 is amended by adding paragraph (c)(103) to read

as follows:

Sec. 52.1970 Identification of plan.

* * * * *

(c)* * *

(103) On May 14, 1993, the Director of the Oregon Department of

Environmental Quality (ODEQ) submitted a committal state implementation

plan (SIP) for a basic inspection and maintenance (I/M) program for

Portland and Medford-Ashland CO nonattainment areas. On November 15,

1993, ODEQ submitted the basic I/M program.

(i) Incorporation by reference.

(A) May 14, 1993 letter from the Director of ODEQ to EPA Region 10

submitting a committal SIP for the I/M program.

(B) November 15, 1993 letter from the Director of ODEQ to EPA

Region 10 submitting the I/M program for moderate CO nonattainment

areas.

(C) OAR 340-24-309 through 350, ``Motor Vehicles,'' adopted on

October 29, 1993 and effective on November 4, 1993.

[FR Doc. 94-1132 Filed 1-18-94; 8:45 am]

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