Approval and Promulgation of State Implementation Plans; Oregon

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OR-29-1-6248; FRL-4833-6]

Approval and Promulgation of State Implementation Plans; Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the state of Oregon. This revision establishes and

requires the implementation of an oxygenated gasoline program in the

Clackamas, Jackson, Multnomah, Washington and Yamhill counties, and an

eleven by twelve mile area surrounding Klamath Falls and a nine mile by

nine mile area surrounding Grants Pass. This SIP revision was submitted

to satisfy the requirement of section 211(m) of the Clean Air Act, as

amended (CAA), which requires all carbon monoxide nonattainment areas

with a design value of 9.5 parts per million (ppm) or greater based

generally on 1988 and 1989 air quality monitoring data to implement an

oxygenated gasoline program. The intended effect of this action is to

approve the oxygenated gasoline program. This action is being taken

under Section 110 of the CAA.

EFFECTIVE DATE: This rule will become effective on March 17, 1994.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at: Air

and Radiation Branch (Docket # OR-29-1-6248), United States

Environmental Protection Agency, 1200 Sixth Avenue, Seattle, Washington

98101; Department of Environmental Quality, Vehicle Inspection Program,

1301 SE Morrison St., Portland, Oregon 97214; and Jerry Kurtzweg ANR-

443, United States Environmental Protection Agency, 401 M Street, SW.,

Washington, DC 20460.

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

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

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

SUPPLEMENTARY INFORMATION:

On October 20, 1993 (58 FR 54086-54089), EPA published a notice of

proposed rulemaking (NPR) for the state of Oregon. The NPR proposed

approval of an oxygenated gasoline program. The formal SIP revision was

submitted by the state of Oregon on November 16, 1992. The revision

included revisions to Oregon's Administrative Rules (OAR) 340-20-136

and 340-22-440 through 340-22-640, adopted as part of the state of

Oregon Clean Air Act Implementation Plan through OAR 340-20-047. These

regulatory revisions were adopted by the Oregon Environmental Quality

Commission on October 16, 1992 and went into effect on November 1,

1992. A more detailed analysis of the state submittal was prepared as

part of the NPR action and is contained in a Technical Support document

(TSD) dated July 1, 1993, which is available from the Region 10 office

listed in the Addresses section of this document.

Other specific requirements of the oxygenated gasoline program and

the rationale for EPA's proposed action are explained in the NPR and

will not be restated here. No substantial public comments were received

on the NPR.

I. Final Action

EPA is approving the amendments to Oregon's Administrative Rules

(OAR) 340-20-136 and 340-22-440 through 340-22-640, and adopted as part

of the state of Oregon Clean Air Act Implementation Plan through OAR

340-20-047.

II. Administrative Review

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 3 action for signature

by the Acting 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. On January 6, 1989, the

Office of Management and Budget (OMB) waived Table 2 and Table 3

revisions from the requirements of section 3 of Executive Order 12291

for a period of two years (54 FR at 2222). 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 is continues in effect under Executive Order

12866, which superseded Executive Order 12291 on September 30, 1993.

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 [insert date 60 days from

date of publication]. 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))

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Ozone, Incorporation by reference, Intergovernmental

relations, Reporting and recordkeeping requirements, 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: January 21, 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 follows:

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

Subpart MM--Oregon

2. Section 52.1970 is amended by adding paragraph (c) (104) to read

as follows:

Sec. 52.1970 Identification of plan.

* * * * *

(c) * * *

(104) On November 16, 1992, the Oregon State Department of

Environmental Quality submitted the formal SIP revision to Oregon's

Administrative Rules (OAR) 340-20-136 and 340-22-440 through 340-22-

640, adopted as part of the state of Oregon Clean Air Act

Implementation Plan through OAR 340-20-047. This revision establishes

and requires the implementation of an oxygenated gasoline program in

the Clackamas, Jackson, Multnomah, Washington and Yamhill counties, and

an eleven by twelve mile area surrounding Klamath Falls and a nine mile

by nine mile area surrounding Grants Pass.

(i) Incorporation by reference.

(A) The November 16, 1992 letter from the Director of the Oregon

State Department of Environmental Quality to EPA Region 10 submitting

revisions to the Oregon SIP.

(B) Revisions to the Oregon SIP: Rules on Oxygenated Fuels, OAR

340-20-136 and 340-22-440 through 340-22-640, adopted as part of the

State of Oregon Clean Air Act Implementation Plan through OAR 340-20-

047, effective November 1, 1992.

[FR Doc. 94-3524 Filed 2-14-94; 8:45 am]

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