Approval and Promulgation of State Implementation Plans and Redesignation of Areas for Air Quality; Planning Purposes: States of Washington and Oregon

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WA 63-7138; WA58-7133; OR57-7272; FRL-5824-1]

Approval and Promulgation of State Implementation Plans and

Redesignation of Areas for Air Quality; Planning Purposes: States of

Washington and Oregon

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is redesignating the

Portland/Vancouver (Pdx/Van) interstate nonattainment area to

attainment for the ozone (O3) air quality standard and

approving a Maintenance Plan that will insure that the area remains in

attainment. Under the Clean Air Act, as amended in 1990 (the CAA),

designations can be revised if sufficient data are available to warrant

such revisions and the request to redesignate shows that all of the

requirements of section 107(d)(E)(3) of the CAA have been met. EPA is

approving the Washington and Oregon Maintenance Plans and other

redesignation submittals because they meet the Maintenance Plan and

redesignation requirements, and will ensure that the area remains in

attainment. The approved Maintenance Plans will become a federally

enforceable part of the Oregon and Washington State Implementation

Plans (SIPs). In this action, EPA is also approving the Washington and

Oregon 1990 baseline emission inventories for this area, revisions to

the approved Inspection and Maintenance (I/M) SIPs of both States, and

a number of other O3 supporting revisions to both SIPs.

DATES: June 18, 1997.

ADDRESSES: Copies of the States' redesignation requests and other

information supporting this action are available for inspection during

normal business hours at the following locations: EPA, Office of Air

Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 98101, and at

the States' offices: Washington Department of Ecology, P.O. Box 47600,

Olympia, WA 98504-7600, and Oregon Department of Environmental Quality,

811 SW Sixth Avenue, Portland, OR 97204-1390.

Documents which are incorporated by reference are available for

public inspection at the Air and Radiation Docket and Information

Center, EPA, 401 M Street, SW, Washington, D.C. 20460, as well as the

above addresses.

FOR FURTHER INFORMATION CONTACT: Sue Ennes, Office of Air Quality (OAQ-

107), EPA, Seattle, Washington, (206) 553-6249.

SUPPLEMENTARY INFORMATION:

I. Background

The Oregon Department of Environmental Quality (ODEQ) and the

Washington Department of Ecology (WDOE) submitted Maintenance Plans and

requested redesignation of the Pdx/Van interstate nonattainment area

from nonattainment to attainment for O3. The SIP revision

requests were submitted by the WDOE on June 13, 1996, and by ODEQ on

August 30, 1996. No tribal lands are within the Maintenance Plan area

nor have any tribal lands been identified as being affected by the

Maintenance Plans.

The Pdx/Van air quality maintenance area (AQMA) was designated an

interstate O3 nonattainment area in 1978 under the 1977 CAA.

On November 15, 1990, the CAA Amendments of 1990 were enacted (Pub. L.

101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). Under

section 181(a)(1) of the CAA, the area was further classified as a

``marginal'' O3 nonattainment area, and an attainment

deadline of November 15, 1993, was established. This interstate

nonattainment area consists of the southern portion of Clark County,

Washington, and portions of Multnomah, Clackamas, and Washington

Counties in Oregon.

The AQMA has ambient monitoring data that show no violations of the

O3 national ambient air quality standards (NAAQS) during the

period of 1991 to the present. The WDOE and ODEQ provided these

monitoring data and modeling and emissions data to support their

redesignation request. On March 7, 1997, EPA proposed to approve the

WDOE's and ODEQ's requested redesignation. In its notice of proposed

approval and redesignation, EPA reviewed in detail the submittals it

was considering as the basis for its proposed actions.

II. Response To Comments

The following comments were received during the public comment

period ending April 7, 1997. EPA's response follows each comment.

(1) Comment: The commenter asserted that, while the Maintenance

Plan for Clark County relies heavily on expanding the automobile

inspection area, there are no data on hand to support a theory that

auto emissions from that expanded area are significant contributors to

high ozone events.

Response: EPA has reviewed the Vancouver portion of the Pdx/Van

O3 Redesignation Request/Maintenance Plan and believes that

the Southwest Air Pollution Control Authority (SWAPCA) has a reasonable

basis for deciding to expand the maintenance area. EPA notes that the

expansion of the automobile inspection testing into Northern Clark

County is only one of several parts of the Vancouver Maintenance Plan.

Emission reductions are also being obtained from the approximately

170,000 vehicles in southern Clark County by: switching to a more

sophisticated emission test procedure (known as ASM) (setting ASM

standards for exhaust emissions will result in an enhanced ability to

identify polluting vehicles); gasoline cap leak checks; stage I and II

vapor controls on gasoline vapors; application of the EPA national off-

road engine rule; Volatile Organic Compound (VOC) Area Source rules

targeting emissions from consumer products, architectural and

industrial maintenance coatings, and autobody refinishing; and phase-

out of open burning. Also, new industry or existing industry

modifications will continue to be subject to Best Available Control

Technology (BACT) and will still be subject to these controls under the

O3 Maintenance Plan.

SWAPCA has provided the following Census data to support the

expanded boundary portion of the Vancouver Maintenance Plan. The 1990

U.S. Census commuter statistics outlined below demonstrate North Clark

County motor vehicles are contributing to the air pollution problem:

--51.9% (5,046 citizens) of Battle Ground zipcode residents who are

employed commute to the City of Vancouver and Portland for their work;

--65.3% (1,162 citizens) of Brush Prairie zipcode residents who are

employed commute to the City of Vancouver and Portland for their work;

--58.4% (2,816) of Ridgefield zipcode residents who are employed

commute to the City of Vancouver and Portland for their work; and

--42.5% (2,185) of La Center zipcode residents who are employed commute

to the City of Vancouver and Portland for their work.

EPA also notes that SWAPCA's decision to expand the automobile

maintenance area was made after SWAPCA had followed the public

participation requirements that are established under State law and

meet the requirements of the CAA.

[[Page 27205]]

(2) Comment: The same commenter on the Vancouver Maintenance Plan

wrote that, when the vast amount of naturally occurring VOCs are taken

into account, it should be obvious that nitrogen oxides

(NOX) are the critical factor and that the large industrial

sources of that compound must be considered. Because the commenter

believes it would cost less to equip industrial sources with

NOX controls than to extend the auto test area for an equal

O3 reduction, the commenter believes that the Maintenance

Plan is designed to favor industry at public expense.

Response: Information provided by SWAPCA to EPA shows that cars

make up about 35% of the VOC emissions and over 50% of the

NOX emissions in the nonattainment area. The portion of

vehicle miles travelled (VMT) in the nonattainment area which comes

from North Clark County cars is 15%, which is substantial. SWAPCA

believes that targeting these emissions with an expansion of the I/M

program will reduce emissions by approximately 180 tons/year of VOCs

and 150 tons/year of NOX, and will result in an additional

30,000 vehicles being tested every two years.

The documentation utilized by SWAPCA supports its views that

additional NOX controls on industry are not as cost

effective as those being proposed in the Maintenance Plan ($2,500-

$7,000/ton for industrial NOX control versus $100-$2000/ton

for a vehicle inspection program.) The CAA also targets larger

industrial sources with new permitting requirements. Therefore,

industry will still be required to complete BACT for any new sources or

modification. Information submitted by SWAPCA also shows that emissions

from naturally occurring VOCs were taken into account and that

controlling NOX emissions was considered. SWAPCA anticipates

there will be NOX reductions from the improved vehicle

inspection program, from continuance of BACT for industrial sources,

and from the EPA non-road engine rule for nonroad sources.

(3) Comment: A commenter requested that EPA not approve the

Vancouver Maintenance Plan until SWAPCA modifies the emission inventory

contained in the plan and EPA revises its guidance dealing with

projection inventories contained in Section 3.2.3 of ``Emission

Inventory Requirements for Ozone State Implementation Plans.'' This

comment concerns SWAPCA's decision to not include future emissions from

certain major emitters in the Longview area, although prior

correspondence from EPA stated that those sources must be included

because they are within 25 miles of the boundary of the nonattainment

area. SWAPCA added them to the 1992 base inventory, but the commenter

asserts SWAPCA did not include projections of those emissions through

the 10 year maintenance period because it is not expressly required by

EPA's guidance. The commenter wrote that the Weyerhaueser and Longview

Fibre pulp mills in Longview, Washington, are the largest emitters of

NOx and VOCs in the area, and their emissions are growing as their new

expansions come on stream. In addition, the prevailing winds in the

summer blow directly from these plants toward Vancouver. The commenter

believes that it is a gross distortion of the projected inventories to

exclude them and it has resulted in the application of controls to

other much smaller emitters that are not equitable. The commenter also

requested that EPA postpone reclassification of the Pdx/Van area until

these changes are made.

Response: EPA believes the issue raised in this comment has been

appropriately addressed by SWAPCA in the Vancouver portion of the

O3 Maintenance Plan. Furthermore, EPA does not believe there

is any basis to delay action on these SIP revisions and

reclassification of this area until revision of the applicable

guidance.

For reclassification of the Pdx/Van area, a marginal O3

nonattainment area, EPA requires completion of an emission inventory.

The emission inventory approach is defined as calculating the emissions

within the nonattainment area plus industrial source emissions (greater

than 100 tons per year) that are within a 25 mile radius. The Longview

sources were included in the 1992 emission inventory for point sources

in Appendix D of the Vancouver portion of the O3 Maintenance

Plan.

EPA also requires that the Maintenance Plan project emissions to

demonstrate the NAAQS for O3 will be maintained for a 10

year period after redesignation. More detailed computer modeling

required to justify redesignation decisions in severe O3

nonattainment areas is not necessary to support redesignation of a

marginal area.

In deciding to not include the sources cited by the commenter in

the Maintenance Plan projections, SWAPCA reasonably relied on a

preliminary screening model to conclude that these sources contribute

between 1% to 10% of their emissions to the nonattainment area. SWAPCA

decided to wait for the results of ``future studies'' before

determining whether additional control measures are needed on these

sources to maintain healthy air in Clark County. In reference to the

wind direction issue, SWAPCA's information indicates that the closest

meteorological station to Vancouver is the Portland International

Airport. However, SWAPCA is concerned that the data from the Portland

International Airport are not representative of the entire Vancouver

area. A review of available windspeed data on high O3 days

by SWAPCA and ODEQ indicates wind speeds are not uniform throughout the

day in the Pdx/Van area. Also, winds travel at different speeds and

directions at different altitudes. Modeling of air pollution impacts

would need to consider these factors as well as the height of the

stacks and plumes from point sources. In the fall of 1996, a local

meteorological station was installed in Vancouver which will better

help SWAPCA to anticipate inversion conditions. In the Pdx/Van

Redesignation Request/Maintenance Plan, SWAPCA committed to completing

``future studies'' to estimate the contribution of emissions from these

sources to the Pdx/Van O3 area. Additional O3 and

NOx monitors have been purchased which were to be operational by May 1,

1997. As these data are collected and additional funding is obtained

for the modeling efforts, SWAPCA expects it will be possible to address

the issue raised by this comment using sound scientific data.

EPA also notes that, if the Weyerhaeuser and Longview Fibre pulp

mills in Longview expand, they will undergo Prevention of Significant

Deterioration (PSD) review which evaluates BACT and also will conduct

an ambient impact analysis to ensure that the NAAQS and PSD increment

will not be violated.

EPA will not agree to delay the approval of the Maintenance Plan

and the redesignation of this area to attainment. Under Title I of the

CAA, Congress established a system of state and federal cooperation.

EPA is required to establish the NAAQS, i.e., the level at which air

quality is determined to be protective of human health. However, the

States take the primary lead in determining the measures necessary to

attain and maintain the NAAQS. These measures are incorporated into the

SIP. The CAA requires EPA to approve a SIP submission that meets the

requirements of the CAA. If the State fulfills its obligations in

developing a SIP that meets the requirements of the CAA, EPA has no

authority to supplement or revise that plan with a federal

implementation plan. Because the States have submitted a Maintenance

Plan that complies with the CAA, EPA must approve the

[[Page 27206]]

Maintenance Plan under section 110(k)(3). Furthermore, since the States

have met the redesignation requirements to demonstrate that the air

quality meets the NAAQS, EPA believes the air quality is sufficient to

protect the public health and, therefore, EPA cannot reject the

redesignation request on this basis. Since the States submitted

Maintenance Plans and Redesignation Requests that comply with the Act,

and there is no issue about whether the States have the authority to

implement the measures included in the submission, EPA has no basis for

modifying the State's selection of the measures in the Maintenance

Plan.

(4) Comment: The United Associated of Fitters and Apprentices,

Local #290 objected to the EPA approvals of the revisions to the Oregon

SIP because, under Oregon law, Local #290 has no legal standing to

represent the rights of their members in judicial proceedings involving

ODEQ permits. This comment asserts that EPA's delegation of CAA

enforcement, from EPA to Oregon ODEQ, ``is premised on ODEQ's allowing

individuals to exercise their constitutionally-granted representational

rights, for groups to which they belong, to appeal DEQ's decisions,

including but not limited to DEQ permits issued under the Clean Air

(and Clean Water) Acts.'' Because Local #290 believes that ODEQ does

not allow a group such as Local #290 to seek judicial review of a

permit issued by ODEQ, it vehemently objects to EPA granting any

further delegated authority to enforce the CAA and Clean Water Act.

Furthermore, Local 290 asks that EPA rescind any existing

delegations of CAA enforcement authority, unless and until ODEQ grants

groups in Oregon the legal standing to represent the rights of their

members in judicial proceedings involving ODEQ permits.

Response: This comment is not relevant to the actions EPA is taking

in this notice. Title I of the CAA, which establishes requirements for

SIPs and designation actions, contains no provisions governing judicial

review of permits issued by a State. EPA finds that ODEQ has met the

public participation requirements of Title I of the CAA. Therefore, EPA

does not agree to delay its actions on the SIP revisions that are the

subject of this notice or to delay its redesignation to attainment of

the Pdx/Van O3 area for the reason cited by the commenter.

However, EPA is pursuing the matter of Oregon's judicial review in the

context of Title V of the CAA, which requires that a State provide

judicial review of its actions. For purposes of ODEQ's Title V program,

which EPA has approved, EPA will evaluate whether State law meets the

requirements of the CAA.

III. Final Action

EPA is redesignating to attainment the Portland, Oregon; and

Vancouver, Washington, interstate O3 area because ODEQ and

WDOE have demonstrated compliance with the requirements of section

107(d)(3)(E) for redesignation. EPA is approving the Portland and

Vancouver O3 Maintenance Plans as meeting the requirements

of the CAA, including the requirements set forth in EPA regulations and

guidance.

EPA also is approving the 1990 O3 Emission Inventories,

changes to the New Source Review (NSR) programs, regulations

implementing the hybrid low enhanced I/M programs, an expanded vehicle

inspection boundary, minor Reasonably Available Control Technology

(RACT) rule changes (Vancouver only), Employee Commute Options rule

(Portland only), Voluntary Parking Ratio rule (Portland only), Plant

Site Emission Limits (PSEL) management rules (Portland only), and local

area source supporting rules.

EPA notes that, as part of its SIP submission, Oregon and

Washington included adequate backup plans for contingencies to ensure

continued attainment of the NAAQS and to meet the emission reduction

targets of the submittals approved today. For example, the contingency

plans for both states provide assurances that contingency measures will

be adopted within 12 months after a violation of the NAAQS occurs and

implemented within a specified period of time. Similarly, if Oregon's

Voluntary Parking Ratio or the Public Education and Incentive programs

fail to achieve emission reductions equal to the target set in the

Maintenance Plan, ODEQ has furnished a commitment to adopt backup

measures by a date certain. EPA finds that there is adequate assurance

that the planned emission reductions will be achieved and they are

therefore approved for credit in the Maintenance Plan. Additional

regulations specific to Washington only and Oregon only are described

below.

Washington

The regulations EPA is approving now for the Vancouver, Washington,

portion are found in the following. EPA is approving only those changes

to SWAPCA's NSR rules that relate to the new maintenance area NSR

provisions and EPA will be taking action on the remaining portions of

the December 11, 1996, NSR submittal in a separate action.

--SWAPCA 400 ``General Regulations for Air Pollution Sources'' 400-030

Definitions (except for the second sentence of subsections (14) and

(49), and subsection (84)), -101 Sources Exempt from Registration

Requirements, -109 Notice of Construction Application (except

subsections (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i)), -110 New

Source Review, -111 Requirements for Sources in a Maintenance Area, -

112 Requirements for new Sources in Nonattainment Areas, -113

Requirements for New Sources in Attainment or Nonclassifiable Areas, -

114 Requirements for Replacement or Substantial Alteration of Emission

Control Technology at an Existing Stationary Source, -116 Maintenance

of Equipment, and -190 Requirements for Nonattainment Areas.

--SWAPCA 490 ``Emission Standards and Controls for Sources Emitting

Volatile Organic Compounds'' 490-010 Policy and Purpose, -020

Definitions, -025 General Applicability, -030 Registration and

Reporting, -040 Requirements, -080 Exceptions and Alternative Methods,

-090 New Source Review, -200 Petroleum Refinery Equipment Leaks, -201

Petroleum Liquid Storage in External Floating Roof Tanks, -202 Leaks

from Gasoline Transport Tanks and Vapor Collection Systems, -203

Perchloroethylene Dry Cleaning Systems, -204 Graphic Arts Systems, -205

Surface Coating of Miscellaneous Metal Parts and Products, -207 Surface

Coating of Flatwood Paneling, -208 Aerospace Assembly and Component

Coating.

--SWAPCA 491 ``Emission Standards and Controls for Sources Emitting

Gasoline Vapors'' 491-010 Policy and Purpose, -015 Applicability, -020

Definitions, -030 Registration, -040 Gasoline Vapor Control

Requirements (Stage I and II), -050 Failures, Certification, Testing

and Recordkeeping, -060 Severability.

--SWAPCA 493 ``VOC Area Source Rules'' 493-100 Consumer Products

(Reserved), -200-010 Applicability, -020 Definitions, -030 Spray Paint

Standards and Exemptions, -040 Requirements for Manufacture, Sale and

Use of Spray Paint, -050 Recordkeeping and Reporting Requirements, -060

Inspection and Testing Requirements, 493-300-010 Applicability, -020

Definitions, -030 Standards, -040 Requirements for Manufacture, Sale

and Use of Architectural Coatings, -050 Recordkeeping and Reporting

Requirements, -060 Inspection and Testing Requirements, -400-010

[[Page 27207]]

Applicability, -020 Definitions, -030 Coating Standards and Exemptions,

-040 Requirements for Manufacture and Sale of Coatings, -050

Requirements for Motor Vehicle Refinishing in Vancouver AQMA, -060

Recordkeeping and Reporting Requirments, -070 Inspection and Testing

Requirements, -500-010 Applicability, -020 Compliance Extensions, -030

Exemption From Disclosure to the Public, -040 Future Review.

The amendments to SWAPCA 400, 490, and 491 became State-effective

on November 21, 1996. The amendments to SWAPCA 493 became State-

effective on May 25, 1996.

EPA also approves the Washington I/M SIP revision (WAC 173-422,

sections -030, -050, -060, -070, -170, and -190), which was adopted by

the State on November 9, 1996.

Oregon

For the Portland, Oregon, portion, EPA approves the following

regulations.

--OAR 340-028 ``New Source Review'' 340-020-0047 State of Oregon Clean

Air Act Implementation Plan, -028-0110 Definitions, -1900

Applicability, -1910 Procedural Requirements, -1920 Review of New

Sources and Modifications for Compliance with Regulations, -1930

Requirements for Sources in Nonattainment Areas, -1935 Requirements for

Sources in Maintenance Areas, -1940 Prevention of Significant

Deterioration Requirements for Sources in Attainment or Unclassified

Areas, -1960 Baseline for Determining Credit for Offsets, -1970

Requirements for Net Air Quality Benefit, -2000 Visibility Impact, -

030-0111 Emissions Offsets. State-effective date November 26, 1996.

--OAR 340-022 ``Stage II Vapor Recovery Regulations'' 022-0400 Purpose,

-0401 Definitions, -0402 General Provisions, -0403 Compliance

Schedules. State-effective date August 14, 1996.

--OAR 340-022 ``Area Source VOC Regulations'' 022-0700 Motor Vehicle

Refinishing Applicability, -0710 Definitions, -0720 Coating Standards

and Exemptions, -0730 Requirements for Manufacture and Sale of

Coatings, -0740 Requirements for Motor Vehicle Refinishing in Portland

AQMA, -0750 Recordkeeping and Reporting Requirements, -0760 Inspection

and Testing Requirements, -0800 Consumer Products Applicability, -0810

Definitions, -0820 Consumer Products Standards and Exemptions, -0830

Requirements for Manufacture and Sale of Consumer Products, -0840

Innovative Products, -0850 Recordkeeping and Reporting Requirements, -

0860 Inspection and Testing Requirements, -0900 Spray Paint

Applicability, -0910 Definitions, -0920 Spray Paint Standards and

Exemptions, -0930 Requirements for Manufacture, Sale and Use of Spray

Paint, -0940 Recordkeeping and Reporting Requirements, -0950 Inspection

and Testing Requirements, -1000 Architectural Coatings Applicability, -

1010 Definitions, -1020 Standards, -1030 Requirements for Manufacture,

Sale and Use of Architectural Coating, -1040 Recordkeeping and

Reporting Requirements, -1050 Inspection and Testing Requirements, -

1100 Area Source Common Provisions Applicability, -1110 Compliance

Extensions, -1120 Exemption from Disclosure to the Public, -1130 Future

Review. State-effective date August 14, 1996.

EPA also approves the Industrial Emissions Management Program

Regulations (OAR 340-030-0700 through -340-030-0740); Employee Commute

Options Program Regulations (OAR 340-030-0800 through -340-030-1080);

Voluntary Maximum Parking Ratios Program Regulations (OAR 340-030-1100

through -340-030-1190). The above three amendments to the OAR became

State-effective on August 14, 1996. The following three amendments

became State-effective on August 19, 1996: Definitions of Boundaries

(OAR 340-031-0500); Nonattainment Areas (OAR 340-031-0520); Maintenance

Areas (OAR 340-031-0530).

EPA approves the amendment to Oregon's Motor Vehicle Inspection and

Maintenance Area Boundary (OAR 340-024-0301), effective August 12,

1996. EPA approves the Oregon I/M revisions to OAR 340-24-0100, -0300,

-0305, -0306, -0307, -0308, -0309, -0312, -0314 (with the exception of

all language in (4)(a) referring to a ``sixth hill extrapolation''), -

0318, -0320, -0325, -0330, -0332, -0335, -0337, -0340, -0355, -0357,

and -0360, State effective on November 26, 1996. EPA also approves the

deletion of OAR 340-24-0310, -0315, and -0350, State effective on

November 26, 1996.

During EPA's review of a SIP revision involving Oregon's statutory

authority, a problem was detected which affected the enforceability of

point source permit limitations. Even though the SIP does not contain

additional point source controls to attain the standard, existing and

federally approved point source emission limitations are relied upon to

maintain and demonstrate attainment with the O3 NAAQS. EPA

determined that, because the five-day advance notice provision required

by ORS.126(1) (1991) bars civil penalties from being imposed for

certain permit violations, ORS 468 fails to provide the adequate

enforcement authority the State must demonstrate to obtain SIP

approval, as specified in Section 110 of the CAA and 40 CFR 51.230.

Accordingly, the requirement to provide such notice would preclude

federal approval of a O3 nonattainment area SIP revision.

EPA notified Oregon of the deficiency. To correct the problem, the

Governor of Oregon signed into law new legislation amending ORS 468.126

on September 3, 1993. This amendment added paragraph 468.126(2)(e)

which provides that the five-day advance notice required by ORS

468.126(1) does not apply if the notice requirement will disqualify the

State's program from federal approval or delegation. ODEQ responded to

EPA's understanding of the application of 468.126(2)(e) and agreed

that, if federal statutory requirements preclude the use of the five-

day advance notice provision, no advance notice will be required for

violations of SIP requirements contained in permits.

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 any SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989, (54 FR 2214-2225), as revised by

a July 10, 1995, memorandum from Mary Nichols, Assistant Administrator

for Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

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

[[Page 27208]]

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

Clean Air Act 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, the

Administrator certifies 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 flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of State action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

Redesignation of an area to attainment under section 107(d)(3)(E)

of the CAA does not impose any new requirements on small entities.

Redesignation is an action that affects the status of a geographical

area and does not impose any regulatory requirements on sources. The

Administrator certifies that the approval of the redesignation request

will not affect a substantial number of small entities.

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under Section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted on by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives, and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial 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 July 18, 1997. 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).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and recordkeeping requirements, Volatile

organic compounds.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: April 30, 1997.

Chuck Clarke,

Regional Administrator.

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)(120) to read

as follows:

Sec. 52.1970 Identification of plan.

* * * * *

(c) * * *

(120) The Oregon Department of Environmental Quality (ODEQ) and the

Washington Department of Ecology (WDOE) submitted Maintenance Plans

that demonstrate continued attainment of the NAAQS for O3

and requested redesignation of the Pdx/Van interstate nonattainment

area from nonattainment to attainment for O3. The SIP

revision requests were submitted by the WDOE on June 13, 1996, and by

ODEQ on August 30, 1996. A number of other O3 supporting

revisions were included in this submittal, such as: the 1990

O3 Emission Inventories; changes to the NSR programs;

regulations implementing the hybrid low enhanced I/M programs; an

expanded vehicle inspection boundary; minor RACT rule changes

(Vancouver only); Employee Commute Options rule (Portland only);

Voluntary Parking Ratio rule (Portland only); PSEL management rules

(Portland only); and local area source supporting rules.

(i) Incorporation by reference.

(A) Ozone Maintenance Plan and Redesignation Request for the

Portland/Vancouver AQMA (Oregon Portion) effective August 14, 1996.

(B) Oregon Inspection and Maintenance SIP revision to Section 5.4;

OAR 340-024-0100, -0300, -0305, -0306, -0307, -0308, -0309, -0312 (with

the exception of all language in (4) (a) referring to a ``sixth hill

extrapolation''), -0314 , -0318, -0320, -0325, -0330, -0332, -0335, -

0337, -0340, -0355, -0357, and -0360, State effective on November 26,

1996.

(C) New Source Review: OAR 340-020-0047; OAR 340-028-0110, 1900

through 1940, 1960, 1970, and 2000; OAR 340-030-0111, State effective

on November 26, 1996.

(D) Supporting Regulations approved as part of the Ozone non-

attainment redesignation package: OAR 340-022-0400, -0401, -0402, -

0403, -0700, -0710, -0720, -0730, -0740, -0750, -0760, -0800, -0810, -

0820, -0830, -0840, -0850, -0860, -0900, -0910, -0920, -0930, -0940, -

0950, -1000, -1010, -1020, -1030, -1040, -1050, -1100, -1110, -1120, -

1130, State effective on 8/14/96; OAR 340-024-0301, State effective on

8/12/96; OAR 340-030-0700, -0710, -0720, -0730, -0740, -0800, -0810, -

0820, -0830, -0840, -0850, -0860, -0870, -0880, -0890, -0900, -0910, -

0920, -0930, -0940, -0950, -0960, -0970, -0980, -0990, -1000, -1010, -

1020, -1030, -1040, -1050, -1060, -1070, -1080, -1100, -1110, -1120, -

1130, -1140, -1150, -1160, -1170, -1180, -1190, State effective on 8/

14/96; and OAR 340-031-0500, -0520, -0530, State effective on 8/19/96.

[[Page 27209]]

Subpart WW--Washington

3. Section 52.2470 is amended by adding paragraph (c) (72) to read

as follows:

Sec. 52.2470 Identification of plan.

* * * * *

(c) * * *

(73) The Washington Department of Ecology (WDOE) and the Oregon

Department of Environmental Quality (ODEQ) submitted Maintenance Plans

that demonstrate continued attainment of the NAAQS for O3

and requested redesignation of the Pdx/Van interstate nonattainment

area from nonattainment to attainment for O3. The SIP

revision requests were submitted by the WDOE on June 13, 1996, and by

ODEQ on August 30, 1996. A number of other O3 supporting

revisions are included in this submittal they are: the 1990

O3 Emission Inventories; changes to the NSR programs;

regulations implementing the hybrid low enhanced I/M programs; an

expanded vehicle inspection boundary; minor RACT rule changes

(Vancouver only); Employee Commute Options rule (Portland only);

Voluntary Parking Ratio rule (Portland only); PSEL management rules

(Portland only); and local area source supporting rules.

(i) Incorporation by reference.

(A) Vancouver, Washington Ozone Maintenance Plan and Redesignation

Request--state adopted June, 17, 1996.

(B) Washington Inspection and Maintenance SIP revision WAC 173 422-

030, -050, -060, -070, -170, -190--State adopted November 9, 1996.

(C) NSR: SWAPCA 400-030 (except for the second sentence of

subsections (14) and (49), and subsection (84)), 101, 109 (except

subsections (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i)), 110, 111, 112,

113, 114, 116, and 190, effective November 21, 1996.

(D) Supporting Rules.

(1) SWAPCA 491-010, -015, -020, -030, -040, -050, -060,--State-

effective on November 1, 1996.

(2) SWAPCA 490-010, -020, -025, -030, -040, -080, -090, -200, -201,

-202, -203, -204, -205, -207, -208--State effective November 21, 1996.

(3) SWAPCA 493-100, 493-200-010, -020, -030, -040, -050, -060, 493-

300-010, -020, -030, -040, -050, -060, 493-400-010, -020, -030, -040, -

050, -060, -070, 493-500-010, -020, -030, -040,--State effective May

26, 1996.

PART 81--[AMENDED]

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

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

2. In Sec. 81.338, the table entitled ``Oregon-Ozone'' is amended

by revising the entry for the ``Portland-Vancouver AQMA Area'' to read

as follows:

Sec. 81.338 Oregon.

* * * * *

Oregon--Ozone

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

Designation Classification

Designated area ------------------------------------------------------------------

Date 1 Type Date 1 Type

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

Portland-Vancouver AQMA Area................. ........... Attainment....... ........... ....................

Air Quality Maintenance Area

Clackamas County (part)

Multnomah County (part)

Washington County (part)

* * * * * *

*

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

\1\This date is November 15, 1990, unless otherwise noted.

* * * * * *

3. In Sec. 81.348 the table entitled, ``Washington-Ozone'' is

amended by revising the entry for the ``Portland--Vancouver AQMA Area''

to read as follows:

Sec. 81.348 Washington.

* * * * *

Washington--Ozone

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

Designation Classification

Designated area ------------------------------------------------------------------

Date 1 Type Date 1 Type

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

Portland-Vancouver AQMA Area................. ........... Attainment....... ........... ....................

Clark County (part)

Air Quality Maintenance Area

* * * * * *

*

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

\1\This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 97-12919 Filed 5-16-97; 8:45 am]

BILLING CODE 6560-50-P