Approval and Promulgation of State Implementation Plans; Oregon

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OR-40-1-6396a, OR-41-1-6397a, OR44-1-6543a; FRL-5023-5]

Approval and Promulgation of State Implementation Plans; Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA approves the State Implementation Plan (SIP) revision

submitted by the State of Oregon. This revision establishes and

requires the implementation of a basic motor vehicle inspection and

maintenance (I/M) program in the Portland Metropolitan Service district

and the Medford-Ashland Air Quality Maintenance Area. The intended

effect of this action is approval of a basic motor vehicle I/M program.

This action is being taken under section 110 of the Clean Air Act.

DATES: This final rule will be effective on November 8, 1994, unless

adverse or critical comments are received by October 11, 1994. 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 & Radiation Branch (AT-082), EPA, 1200 Sixth Avenue,

Seattle, Washington 98101.

Documents which are incorporated by reference are available for

public inspection at the Air and Radiation Docket and Information

Center, Environmental Protection Agency, 401 M Street, SW., Washington,

DC 20460. Copies of material submitted to EPA may be examined during

normal business hours at the following locations: EPA, Region 10, Air &

Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington

98101, and the Oregon Department of Environmental Quality, Vehicle

Inspection Program, 1301 SE., Morrison Street, Portland, Oregon 97214.

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

Branch (AT-082), 1200 Sixth Avenue, Seattle, Washington 98101, (206)

553-1814.

SUPPLEMENTARY INFORMATION:

I. Clean Air Act Requirements

The Clean Air Act, as amended in 1990 (CAAA or Act), requires

states to make changes to improve existing I/M programs or implement

new ones. Section 182(a)(2)(B) requires any ozone nonattainment area

which has been classified as ``marginal'' (pursuant to section 181(a)

of the Act) or worse with an existing I/M program that was part of a

SIP, or any area that was required by the 1977 Amendments to the Act to

have an I/M program, to immediately submit a SIP revision to bring the

program up to the level required in past EPA guidance or to what had

been committed to previously in the SIP whichever was more stringent.

All carbon monoxide (CO) nonattainment areas were also subject to this

requirement to improve existing or previously required programs to this

level.

In addition, Congress directed the EPA in section 182(a)(2)(B) to

publish updated guidance for state I/M programs, taking into

consideration findings of the Administrator's audits and investigations

of these programs. The states were to incorporate this guidance into

the SIP for all areas required by the Act to have an I/M program.

On November 5, 1992 (57 FR 52950), the EPA published a final

regulation establishing the I/M requirements, pursuant to sections 182

and 187 of the Act. The I/M regulation was codified at 40 CFR part 51,

subpart S, and requires states to submit an I/M SIP revision which

includes all necessary legal authority and the items specified in 40

CFR 51.372 (a)(1) through (a)(8) by November 15, 1993. The State of

Oregon has met these requirements.

The EPA has designated two areas as CO nonattainment in the State

of Oregon, one of which is also an ozone nonattainment area. The

Portland CO nonattainment area classified as Moderate less than or

equal to 12.7 ppm contains portions of the following three counties:

Clackamas, Multnomah, and Washington. The Portland ozone nonattainment

area classified as Marginal consists of the Air Quality Maintenance

Area. The Medford CO nonattainment area classified as Moderate less

than or equal to 12.7 ppm contains a portion of Jackson County. The

nonattainment designations for CO and ozone were published in the

Federal Register (FR) on November 6, 1991, and November 30, 1992, and

have been codified in the Code of Federal Regulations (CFR). See 56 FR

56694 (November 6, 1991) and 57 FR 56762 (November 30, 1992), codified

at 40 CFR 81.300 through 81.437. Based on these nonattainment

designations, basic I/M programs are required in both the Portland and

Medford areas.

By this action, the EPA is approving this submittal. The EPA has

reviewed the State submittal against the statutory requirements and for

consistency with the EPA regulations. EPA summarizes the requirements

of the Federal I/M regulations as found in 40 CFR 51.350 through 51.373

and its analysis of the State submittal below. Parties desiring

additional details on the Federal I/M regulation are referred to the

November 5, 1992 Federal Register document (57 FR 52950) or 40 CFR

51.350 through 51.373.

II. Background

On November 15, 1993 the State of Oregon submitted to EPA a SIP

revision for a basic I/M program that had an adequate public notice and

public hearing (August 17, 1993) process and was adopted by the

Environmental Quality Commission (EQC) on November 1, 1993, becoming

effective on November 4, 1993. An additional I/M revision was adopted

by the EQC on June 3, 1994, and received by EPA on June 14, 1994. Prior

to the EQC's signature, the State provided adequate public notice

(March 7, 1994) and public hearing (April 5, 1994) on the I/M SIP

revision. The June 3, 1994 submittal supplements the November 15, 1993

SIP revision.

The November 15, 1993 and June 3, 1994 SIP revisions were reviewed

by EPA to determine completeness shortly after submittal, in accordance

with the completeness criteria set out at 40 CFR part 51, appendix V.

The submittals were found to be complete and letters dated April 11,

1994 and June 16, 1994 respectively, were forwarded to the Director of

the Oregon Department of Environmental Quality (ODEQ) indicating the

completeness of the submittal.

III. State Submittal

The State submittal provides for the upgrading of the existing I/M

program to an EPA approved basic I/M program in the Portland and

Medford areas beginning on July 1, 1994. Oregon will be implementing

biennial, test-only I/M programs which meet the requirements of EPA's

performance standard and other requirements contained in the Federal I/

M rule in the applicable nonattainment counties. Testing will be

performed by ODEQ. Other aspects of the Oregon I/M program include:

testing of 20 year old vehicles in Medford and testing of 1975 and

later vehicles in Portland, a test fee to ensure the State has adequate

resources to implement the program, enforcement by registration denial,

a repair effectiveness program, commitment to testing convenience,

quality assurance, data collection, zero waiver rate, reporting, test

equipment and test procedure specifications, commitment to ongoing

public information and consumer protection programs, inspector training

and certification, and penalties against inspector incompetence. An

analysis of how the Oregon I/M program meets the Federal SIP

requirements by section of the Federal I/M rule is provided below.

A. Applicability

The SIP needs to describe the applicable areas in detail and,

consistent with 40 CFR 51.372, needs to include the legal authority or

rules necessary to establish program boundaries.

Portland's I/M program, specified in Oregon's Revised Statutes

(ORS) 815.300, is to be implemented in the Metropolitan Service

District, incorporating portions of Clackamas, Multnomah and Washington

Counties. The Medford I/M program described in Oregon's Administrative

Rule (OAR) 340-24-301 is to be implemented in the Air Quality

Maintenance Area which includes approximately 85 percent of the

population of Jackson County. The legal authority for Oregon's EQC to

establish geographic boundaries can be found in ORS 468A.390 and

815.300.

B. Basic I/M Performance Standard

The I/M programs provided for in the SIP are required to meet a

performance standard for basic I/M for the pollutants that caused the

affected area to come under I/M requirements. The performance standard

sets an emission reduction target that must be met by a program in

order for the SIP to be approvable. The SIP must also provide that the

program will meet the performance standard in actual operation, with

provisions for appropriate adjustments if the standard is not met.

The State has submitted a modeling demonstration using the EPA

computer model MOBILE 5a showing that the basic performance standard is

met in both Portland and Medford.

C. Network Type

The SIP needs to include a description of the network to be

employed, the required legal authority, and, in the case of areas

making claims for case-by-case equivalency, the required demonstration.

Oregon has chosen to implement centralized, test-only basic I/M,

programs which are managed and operated by the ODEQ. The Oregon I/M

programs, in both Portland and Medford, operate fleet self-testing

programs with oversight by ODEQ employees.

Legal authority which is contained in ORS 468A.350 though 468A.415

and OAR 340-24-100 through 340-24-355 authorizes the State to implement

this program.

D. Adequate Tools and Resources

The SIP needs to include a description of the resources that will

be used for program operation, which includes: (1) A detailed budget

plan which describes the source of funds for personnel, program

administration, program enforcement, purchase of necessary equipment,

and any other requirements discussed throughout, for the period prior

to the next biennial self-evaluation required in Federal I/M rule; and

(2) a description of personnel resources, the number of personnel

dedicated to overt and covert auditing, data analysis, program

administration, enforcement, and other necessary functions and the

training attendant to each function.

The I/M program as stipulated in ORS 468A.400 is funded solely by

collection of fees from vehicle owners at the time of passing the I/M

test. The current fee is $10 per certificate issued for ODEQ inspected

vehicles and $5 each from certificates issued by fleets. The ODEQ

operates the I/M program, including overseeing the construction of

testing facilities, purchasing of testing equipment, development of

testing procedures, actual testing of vehicles and oversight of program

operations. Currently, none of the vehicle testing operations (expect

self-inspecting fleet testing) is contracted to a source outside ODEQ.

The SIP narrative also describes the budget, staffing support, and

equipment needed to implement the program. The State expects to

dedicate approximately 55 full-time employees to support the program.

E. Test Frequency and Convenience

The SIP needs to include the test schedule in detail including the

test year selection scheme if testing is other than annual. Also, the

SIP needs to include the legal authority necessary to implement and

enforce the test frequency requirement and explain how the test

frequency will be integrated with the enforcement process.

The Oregon I/M program requires biennial inspections for all

subject motor vehicles (see ORS 468A.365). For new vehicles the first

test is required for reregistration two years after initial

registration. In addition all motor vehicles registered as government-

owned vehicles or gasoline powered heavy duty trucks are required to be

certified annually.

Since the inspection program has been operating in this manner

since 1975 for Portland and 1986 for Medford, no special vehicle

testing sequence scheme is required to accomplish a steady month-to-

month flow of vehicles. Short waiting times and short driving distances

relating to network design are satisfactorily addressed in the SIP. The

test stations are located such that approximately 85 percent of all

motorists are within five miles of a test facility and 95 percent are

within 12 miles of a facility. Monthly average waiting times range

between 5 minutes and 12 minutes varying with station location and time

of month.

Statutory authority for testing and registration of used vehicles

newly arriving into the I/M area is contained in ORS 803.400, 803.350

and 803.415.

F. Vehicle Coverage

The SIP needs to include a detailed description of the number and

types of vehicles to be covered by the program, and a plan for how

those vehicles are to be identified, including vehicles that are

routinely operated in the area but may not be registered in the area.

Also, the SIP needs to include a description of any special exemptions

which will be granted by the program, and an estimate of the percentage

and number of subject vehicles which will be impacted. Such exemptions

need to be accounted for in the emission reduction analysis. In

addition, the SIP needs to include the legal authority or rule

necessary to implement and enforce the vehicle coverage requirement.

The Portland program coverage includes all 1975 and newer model

year light-duty cars and trucks and heavy-duty gasoline powered trucks,

registered or required to be registered within the nonattainment areas

and fleets primarily operated within an I/M program area. The Medford

program covers the above vehicles 20 years old and newer. Vehicles will

be identified through the State of Oregon's Driver and Motor Vehicle

Services database.

ODEQ will not test rental car agencies and private and public

fleets that operate vehicles in the I/M areas, but whose fleets are not

registered in the I/M areas. ODEQ estimates the quantity of fleet

vehicles in this category to be approximately 10,000 vehicles. Federal

fleet vehicles garaged in I/M areas are required to be tested. However,

Federal vehicles registered to agencies based outside of the I/M

program areas, but which are routinely operated within the program area

will not be required to be tested. It is estimated that 100 Federal

vehicles fall into this category. In addition, vehicles owned by

Federal employees living outside the program areas, but working at

Federal facilities inside the program areas with employee parking

provided, will not be tested. It is estimated this will impact about

250 vehicles. ODEQ will accept a reduction in associated emissions

benefits in the Mobile 5A model. Private fleets and local government

fleets are allowed to test their own vehicles. However, test records

are tracked by the ODEQ and ODEQ employees visit fleet operations on a

periodic basis to insure proper test procedures are used and testing

equipment is properly calibrated. Fleet licenses can be removed if

fleet operation does not meet standards.

In addition, ODEQ has procedures for testing vehicles registered in

an Oregon I/M area but temporarily driven in an I/M area of another

state.

G. Test Procedures and Standards

The SIP needs to include a description of each test procedure used.

The SIP also needs to include the rule, ordinance or law describing and

establishing the test procedures.

The authority to establish test procedures and standards is

contained in ORS 468A.365. The test procedures and test standards are

specified in OAR 340-24-309 through 340-24-355. In the Portland I/M

area all 1975 model and newer vehicles are subject to a two speed idle

test. In Medford all 20 year old vehicles are subject to a two speed

idle test. Vehicles 1981 and newer are required to pass both an idle

and 2500 rpm emissions standards for CO and hydrocarbon. Subject

vehicles with model years older than 1981 are not judged at the 2500

rpm test point. All tested vehicles are given a second chance idle

test.

H. Test Equipment

The SIP needs to include written technical specifications for all

test equipment used in the program and shall address each of the

requirements in 40 CFR 51.358 of the Federal I/M rule. The

specifications need to describe the emission analysis process, the

necessary test equipment, the required features, and written acceptance

testing criteria and procedures.

The Oregon I/M SIP commits to meeting the California BAR 90

accuracy standards. The Oregon SIP addresses the requirements in 40 CFR

51.358 and includes descriptions of performance features and functional

characteristics of the computerized test systems. The necessary test

equipment, required features, and acceptance testing criteria are also

contained in the SIP.

I. Quality Control

The SIP needs to include a description of quality control and

recordkeeping procedures. The SIP needs to include the procedures

manual, rule, and ordinance or law describing and establishing the

procedures of quality control and requirements.

The Oregon I/M SIP narrative contains descriptions and requirements

establishing the quality control procedures in accordance with the

Federal I/M rule. These requirements will help ensure that equipment

calibrations are properly performed and recorded as well as maintaining

compliance document security.

J. Waivers and Compliance Via Diagnostic Inspection

The SIP needs to include a maximum waiver rate expressed as a

percentage of initially failed vehicles. This waiver rate needs to be

used for estimating emission reduction benefits in the modeling

analysis. Also, the state needs to take corrective action if the waiver

rate exceeds that estimated in the SIP or revise the SIP and the

emission reductions claimed accordingly. In addition, the SIP needs to

describe the waiver criteria and procedures, including cost limits,

quality assurance methods and measures, and administration. Lastly, the

SIP shall include the necessary legal authority, ordinance, or rules to

issue waivers, set and adjust cost limits as required, and carry out

any other functions necessary to administer the waiver system,

including enforcement of the waiver provisions.

The Oregon I/M program does not allow vehicles to by-pass the test

with waivers. All vehicles must be repaired and meet testing standards

before a certificate is issued and registration can be accomplished.

K. Motorist Compliance Enforcement

The SIP needs to provide information concerning the enforcement

process, including: (1) A description of the existing compliance

mechanism if it is to be used in the future and the demonstration that

it is as effective or more effective than registration-denial

enforcement; (2) an identification of the agencies responsible for

performing each of the applicable activities in this section; (3) a

description of and accounting for all classes of exempt vehicles; and

(4) a description of the plan for testing fleet vehicles, rental car

fleets, leased vehicles, and any other special classes of subject

vehicles, e.g. those operated in (but not necessarily registered in)

the program area. Also, the SIP needs to include a determination of the

current compliance rate based on a study of the system that includes an

estimate of compliance losses due to loopholes, counterfeiting, and

unregistered vehicles. Estimates of the effect of closing such

loopholes and otherwise improving the enforcement mechanism need to be

supported with detailed analyses. In addition, the SIP needs to include

the legal authority to implement and enforce the program. Lastly, the

SIP needs to include a commitment to an enforcement level to be used

for modeling purposes and to be maintained, at a minimum, in practice.

The motorist compliance enforcement program will be implemented, in

part, by the Oregon Drivers and Motor Vehicle Services Branch (DMV),

which will take the lead in ensuring that owners of all subject

vehicles are denied registration unless they provide valid proof of

having received a certificate indicating they passed an emissions test.

State and local police agencies have the authority to cite motorists

with expired registration tags.

The following vehicle types are exempt from the Oregon I/M program:

All vehicle model years 1974 and older (in Portland), all vehicle model

years older than 20 years (in Medford), electric vehicles, fixed load

vehicles, apportioned plate vehicles, motorcycles, snowmobiles, and

farm vehicles.

Current compliance rates are estimated at 95 percent in the

Portland I/M area and 90 percent in the Medford I/M area. The SIP

commits to a level of motorist enforcement necessary to ensure a

compliance rate of no less than 90 percent among subject vehicles in

the Portland area and no less than 80 percent in the Medford I/M area.

The legal authority to implement and enforce the program is included in

ORS 468A.365 and 468A.385.

L. Motorist Compliance Enforcement Program Oversight

The SIP needs to include a description of enforcement program

oversight and information management activities.

The ODEQ will periodically review the compliance rates of both the

Portland and Medford area I/M programs via parking lot surveys.

M. Quality Assurance

The SIP needs to include a description of the quality assurance

program, and written procedures manuals covering both overt and covert

performance audits, record audits, and equipment audits. This

requirement does not include materials or discussion of details of

enforcement strategies that would ultimately hamper the enforcement

process.

The Oregon I/M SIP includes a description of its quality assurance

program. The program includes operation and progress reports and overt

and covert audits of all emission inspectors and emission inspection.

Overt audits will be conducted by the inspection unit supervisors who

supervise the inspectors of the station to be audited. Covert vehicle

audits will be conducted by contracted labor as drivers and inspection

units supervisors will set-up vehicles and assemble audit trail

records. Remote inspector audits will be performed by the inspection

units supervisor who supervises that station or inspector. Procedures

and techniques for overt and covert performance, record, and equipment

audits will be given to auditors and updated as needed.

N. Enforcement Against Contractors, Stations and Inspectors

The SIP needs to include the penalty schedule and the legal

authority for establishing and imposing penalties, civil fines, license

suspension, and revocations. In the case of state constitutional

impediments to immediate suspension authority, the state Attorney

General shall furnish an official opinion for the SIP explaining the

constitutional impediment as well as relevant case law. Also, the SIP

needs to describe the administrative and judicial procedures and

responsibilities relevant to the enforcement process, including which

agencies, courts, and jurisdictions are involved; who will prosecute

and adjudicate cases; and other aspects of the enforcement of the

program requirements, the resources to be allocated to this function,

and the source of those funds. In states without immediate suspension

authority, the SIP needs to demonstrate that sufficient resources,

personnel, and systems are in place to meet the three day case

management requirement for violations that directly affect emission

reductions.

Oregon Revised Statute 815.320 ``Unlawful certification of

compliance with pollution control requirements; penalty'' describes

that the unlawful certification of compliance with pollution control

requirements is a class A misdemeanor. This statute would apply when an

inspector is found to have intentionally improperly passed a vehicle

that would not otherwise have been issued a Certificate of Compliance.

The maximum penalty for a Class A misdemeanors is a $2,500 fine and/or

a one year jail sentence. Additionally, Article 12 of the current

collective bargaining agreement between ODEQ and American Federation of

State, County and Municipal Employees Local 3336 (AFSCME) details the

process for disciplining and discharging State employed vehicle

emission inspectors. Oregon Administrative Rule 340-24-350 provides the

inspector's license may be suspended, revoked or removed if the

inspector fails to follow proper test procedures. This would include

removal from testing duties for up to six months. However, Article 52

of the ODEQ/AFSCME agreement requires that a State employed vehicle

emission inspector shall be given at least fifteen calendar days notice

before any permanent change of an inspector from one duty station to

another.

O. Data Analysis and Reporting

The SIP needs to describe the types of data to be collected. The

Oregon I/M SIP provides reporting summary data based upon program

activities taking place in the previous year. The report will provide

statistics for the testing program, the quality control program, the

quality assurance program, and the enforcement program. At a minimum,

Oregon commits to address all of the data elements listed in

Sec. 51.366 of the Federal I/M rule.

P. Inspector Training and Licensing or Certification

The SIP needs to include a description of the training program, the

written and hands-on tests, and the licensing or certification process.

The Oregon I/M SIP provides for the implementation of training,

certification, and refresher programs for emission inspectors. Training

will include all elements required by 51.367(a) of the EPA I/M rule.

All inspectors will be required to be certified to inspect vehicles in

the Oregon I/M program.

Q. Improving Repair Effectiveness

The SIP needs to include a description of the technical assistance

program to be implemented, a description of the procedures and criteria

to be used in meeting the performance monitoring requirements of this

section for enhanced I/M programs, and a description of the repair

technician training resources available in the community.

The Oregon SIP commits the program's engineering and supervisory

staff to continue to work with both motor vehicle owners and the

automotive service industry regarding their vehicles failing to meet

the exhaust emission levels. These direct contacts are normally either

by telephone or person-to-person. Customers with vehicles that present

unusual testing problems or situations are referred by the inspector

staff to the program's field supervisors. If the problems cannot be

resolved over the telephone, an appointment can be made to have a

vehicle brought into the program's Technical Center for further

testing.

IV. This Action

The EPA is approving the Oregon I/M SIP (Section 3.1, OAR 340-24-

300 through 340-24-355; and section 5.4) as meeting the requirements of

the CAAA and the Federal I/M rule. All required SIP items have been

adequately addressed as discussed in this Federal Register action.

V. Administrative Review

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 government entities with jurisdiction over populations of less than

50,000.

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).

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective November 8, 1994, by October 11, 1994, adverse or critical

comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective November 8, 1994.

The EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the provisions of the 1990 Clean Air

Act Amendments enacted on November 15, 1990. The EPA has determined

that this action conforms with those requirements.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. 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.

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), as revised by an October 4, 1993

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The OMB has exempted this regulatory action from

E.O. 12866 review.

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 November 8, 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), 42 U.S.C.

7607(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Reporting and recordkeeping requirements.

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: July 15, 1994.

Gerald A. Emison,

Acting Regional Administrator.

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

amended as follows:

PART 52--[AMENDED]

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

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

Subpart MM--Oregon

2. Section 52.1970 is amended by adding paragraph (c) (109) to read

as follows:

Sec. 52.1970 Identification of plan.

* * * * *

(c) * * *

(109) On October 27, 1993, the Director of ODEQ submitted OAR 340-

24-307, Motor Vehicle Inspection Program Fee Schedule, as an amendment

to the Oregon SIP. On November 15, 1993, the Director of ODEQ submitted

Section 3.1, OAR 340-24-309 through 340-24-350 and section 5.4, Motor

Vehicle Inspection and Maintenance Plan, as amendments to the Oregon

SIP. On June 14, 1994 EPA's Regional Administrator, Chuck Clarke,

received Section 3.1, OAR 340-24-309 through 340-24-355 and section

5.4, Motor Vehicle Inspection and Maintenance Plan, from the Director

of ODEQ as amendments to the Oregon SIP.

(i) Incorporation by reference.

(A) October 27, 1993 letter from the Director of ODEQ to the

Regional Administration of EPA submitting a revision to the Oregon SIP,

Motor Vehicle Inspection Program Fee Schedule.

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

Regional Administrator of EPA submitting revisions to the Oregon SIP,

Vehicle Inspection and Maintenance Program.

(C) June 13, 1994 letter from the Director of ODEQ to the Regional

Administrator of EPA submitting revisions to the Oregon SIP, Vehicle

Inspection and Maintenance Program.

(D) Oregon's Motor Vehicle Inspection Program Fee Schedule, OAR

340-24-307, adopted by the Environmental Quality Commission on January

29, 1993.

(E) Oregon's Vehicle Inspection and Maintenance Program, OAR 340-

24-309, 310, 315, 320, 330, 335, 340, 350, and Volume 2 Section 5.4,

Motor Vehicle Inspection and Maintenance Plan, adopted by the

Environmental Quality Commission on October 29, 1993.

(F) Oregon's Vehicle Inspection and Maintenance Program, Section

3.1, OAR 340-24-300 through 340-24-355, and Section 5.4, adopted by the

Environmental Quality Commission on June 3, 1994.

[FR Doc. 94-22242 Filed 9-8-94; 8:45 am]

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