Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Oregon

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[OR 56-7271; FRL-5837-1]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes; State of Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA invites public comment on its proposed redesignation of

the Portland, Oregon, carbon monoxide (CO) nonattainment area, which is

located in parts of Multnomah, Washington, and Clackamas Counties in

the State of Oregon, from nonattainment to attainment. EPA further

proposes to approve the CO Maintenance Plan as a revision to the Oregon

Department of Environmental Quality's (Oregon's) State Implementation

Plan (SIP) which was submitted with Oregon's redesignation request.

Under the Clean Air Act as amended in 1990 (CAA), designations can be

revised if the State demonstrates full compliance with the

redesignation requirements set forth in section 107(d)(3)(E) of the

CAA.

EPA is proposing to approve the submitted Maintenance Plan as

meeting the requirements of section 175A of the CAA; the 1990 base year

emissions inventory as meeting the requirements of section 187(a)(1) of

the CAA; and the 1991 attainment year (periodic) emissions inventories

as meeting the requirements of section 187(a)(5) of the CAA.

DATES: Comments must be received in writing and postmarked on or before

July 9, 1997.

ADDRESSES: Written comments should be addressed to Montel Livingston,

SIP Manager, Office of Air Quality, M/S OAQ-107, EPA Region 10, 1200

Sixth Avenue, Seattle, Washington 98101. Copies of Oregon's submittals

are available for public review during normal business hours at the

following locations: EPA, Region 10, Office of Air Quality, M/S OAQ-

107, 1200 Sixth Avenue, Seattle, Washington 98101; and the Oregon

Department of Environmental Quality, 811 SW Sixth Avenue, Portland,

Oregon 97204-1390, telephone (503) 229-5696.

FOR FURTHER INFORMATION CONTACT: William M. Hedgebeth of the EPA Region

10 Office of Air Quality at (206) 553-7369.

SUPPLEMENTARY INFORMATION:

I. Background

On March 15, 1991, the Governor of Oregon recommended that the

Portland portion of the Portland-Vancouver Air Quality Maintenance Area

be designated as nonattainment for CO as required by section

107(d)(1)(A) of the 1990 Clean Air Act Amendments (CAAA) (Public Law

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

was designated nonattainment and classified as ``moderate'' with a

design value less than or equal to 12.7 parts per million (ppm) under

the provisions outlined in sections 186 and 187 of the CAA. (See 56 FR

56694, November 6, 1991, codified at 40 CFR 81.338). On September 29,

1995, EPA approved the separation of the Portland-Vancouver CO

nonattainment area into two distinct nonattainment areas, effective

November 28, 1995. Because the Portland area had a design value of 9.8

ppm (based on 1988-1989 data), the area was considered moderate. The

CAA established an attainment date of December 31, 1995, for all

moderate CO areas. The Portland area has ambient monitoring data

showing attainment of the CO National Ambient Air Quality Standard

(NAAQS) since 1989. On August 30, 1996, Oregon submitted a CO

redesignation request and a CO Maintenance Plan for the Portland area.

Oregon submitted evidence that public hearings were held on May 22,

1996, in

[[Page 31399]]

Portland, Oregon, and on May 23, 1996, in Tigard, Oregon.

II. Evaluation Criteria

Section 107(d)(3)(E) of the CAAA provides five specific

requirements that an area must meet in order to be redesignated from

nonattainment to attainment.

1. The area must have attained the applicable NAAQS;

2. The area must have a fully approved SIP under section 110(k) of

the CAA;

3. The air quality improvement must be permanent and enforceable;

4. The area must have a fully approved Maintenance Plan pursuant to

section 175A of the CAA; and

5. The area must meet all applicable requirements under section 110

and Part D of the CAA.

III. Review of State Submittal

On September 18, 1996, EPA Region 10 determined that the

information received from Oregon constituted a complete redesignation

request under the general completeness criteria of 40 CFR part 51,

appendix V, 2.1 and 2.2. The Oregon redesignation request for the

Portland area meets the five requirements of section 107(d)(3)(E),

noted above. The following is a brief description of how Oregon

fulfilled each of these requirements.

1. Attainment of the CO NAAQS

Quality-assured CO ambient air monitoring data shows that the

Portland area has met the CO NAAQS. The Oregon request to redesignate

the Portland CO nonattainment area to attainment is based on an

analysis of quality-assured CO air monitoring data which is relevant to

the Maintenance Plan and to the redesignation request. To attain the CO

NAAQS, an area must have complete quality-assured data showing no more

than one exceedance of the standard per year over at least two

consecutive years. The ambient air CO monitoring data for calendar year

1990 through calendar year 1995, relied upon by Oregon in its

redesignation request, shows no violations of the CO NAAQS in the

Portland area. The last exceedance of the CO NAAQS in the Portland CO

nonattainment area occurred on February 1, 1991. Because the area has

complete quality assured data showing no more than one exceedance of

the standard per year over at least two consecutive years, the area has

met the first statutory criterion of attainment of the CO NAAQS (40 CFR

50.8 and appendix C). Oregon has committed to continue monitoring in

this area in accordance with 40 CFR part 58. In addition, Oregon has

committed to conduct saturation studies every four years to identify

locations of peak CO concentrations and to periodically reassess

whether the CO monitoring network represents worst case concentrations.

2. Fully Approved SIP Under Section 110(k) of the CAA

With the exception of Oregon's 1990 base year emissions inventory,

which is proposed for approval herein, Oregon's CO SIP is fully

approved by EPA as meeting all the requirements of section 110(a)(2)(I)

of the CAA, including the requirements of Part D (relating to

nonattainment), which were due prior to the date of Oregon's

redesignation request.

The 1990 CAAA required that nonattainment areas meet specific new

requirements depending on the severity of the nonattainment

classification. Requirements for the Portland area included a vehicle

inspection and maintenance program, the preparation of a 1990 emissions

inventory with periodic updates, adoption of an oxygenated fuels

program, the development of contingency measures, and development of

conformity procedures. Each of these requirements added by the 1990

Amendments to the CAA is discussed in greater detail below. Final

approval of this redesignation request is contingent upon final action

by EPA to approve the 1990 base year emissions inventory, submitted by

Oregon on August 30, 1996, along with the redesignation request and

Maintenance Plan.

A. Emissions Inventories (Base Year and Periodic)

Under section 187(a)(1) of the CAA, States are required to submit,

by November 15, 1992, a base year CO inventory for moderate CO

nonattainment areas that represents actual emissions in the CO season.

Section 172(c)(3) of the CAA requires that nonattainment plan

provisions include a comprehensive, accurate, and current inventory of

actual emissions from all sources of relevant pollutants in the

nonattainment area. The base year for the inventory is 1990. Stationary

point, stationary area, on-road mobile, and non-road mobile sources of

CO are included in the inventory. This inventory addresses actual CO

emissions for the area during the peak CO season, which reflects the

months when peak CO air quality concentrations occur. In Portland, the

peak CO season is November 1 through the end of February. All required

sources were included in the inventory. Stationary sources with

emissions of 100 tons or greater per year were included in the point

source category. Stationary sources with emissions of 100 tons or

greater per year which are outside of the CO nonattainment area but

within 25 miles of the Portland CO nonattainment area boundary

(coincident with the Metro boundary) have also been included.

Stationary sources with emissions less than 100 tons per year were

included in the area source category. The following list presents a

summary of the 1990 CO peak season daily emissions estimates in tons

per winter day by source category: Point Sources: 64.40 tons per day;

Area Sources: 215.00 tons per day; Mobile On-Road Sources: 921.71 tons

per day; Mobile Non-Road Sources: 66.96 tons per day; Total Sources:

1268.07 tons per day. Available guidance for preparing emissions

inventories is provided in the General Preamble (57 FR 13498, April 16,

1992).

Section 187(a)(5) of the CAA also requires that States submit, for

moderate CO nonattainment areas, periodic inventories that represent

actual emissions; the first periodic inventory is due no later than

September 30, 1995, with subsequent periodic inventories submitted

every three years thereafter until the area is redesignated to

attainment. Oregon submitted an attainment year emissions inventory for

1991 which meets the requirements for the periodic inventory. This

inventory was developed in the same manner as the 1990 base year. CO

peak season daily emissions estimates in tons per winter day by source

category are: Point Sources: 57.97 tons per day; Area Sources: 205.50

tons per day; Mobile On-Road Sources: 906.11 tons per day; Mobile Non-

Road Sources: 67.55 tons per day; Total Sources: 1237.13 tons per day.

The following chart compares CO season daily emissions for 1990 and

1991:

Daily Emissions (Pounds Per Day)

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

Base year Attainment

Category 1990 year 1991

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Point Sources................................... 128,803 115,946

Area Sources.................................... 430,003 410,992

On-road Mobile Sources.......................... 1,843,414 1,812,224

Non-road Mobile Sources......................... 133,911 135,102

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Total..................................... 2,536,132 2,474,264

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EPA is proposing to approve the 1990 base year emissions inventory

and the 1991 attainment year (periodic) emissions inventory as meeting

the

[[Page 31400]]

requirements of sections 187(a)(1) and 187(a)(5) of the CAA. Oregon has

provided acceptable documentation of quality assurance and has clearly

identified the methodologies used in determining the emissions for each

source category. References from which emission and growth factors were

derived were clearly identified.

B. Oxygenated Gasoline

Motor vehicles are significant contributors of CO emissions. An

important measure toward reducing these emissions is the use of

cleaner-burning oxygenated gasoline. Extra oxygen, contained within the

oxygenate in the fuel, enhances fuel combustion and helps to offset

fuel-rich operating conditions, particularly during vehicle starting,

which are more prevalent in the winter.

Section 211(m) of the CAA requires that, for CO nonattainment areas

with a design value of 9.5 or greater ppm based on data for the 2-year

period of 1988 and 1989, a SIP revision be submitted for an oxygenated

fuel program for the area. The oxygenated fuel requirement must apply

to all fuel refiners or marketers who sell or dispense gasoline in the

Metropolitan Statistical Area (MSA) or in the Consolidated Metropolitan

Statistical Area (CMSA) in which the nonattainment area is located. The

Portland area has a design value above 9.5 ppm based on 1988 and 1989

data and, consequently, Oregon was subject to the requirement to adopt

an oxygenated fuel program for the Portland area.

Oregon submitted an oxygenated fuel SIP revision 1 for

the Portland CO nonattainment area to EPA on November 16, 1992. The

oxygenated gasoline program is one in which all oxygenated gasoline

must contain an average minimum oxygen content of 2.7 percent by weight

of oxygen. Under section 211(m)(4) of the CAA, EPA also issued

requirements for the labeling of gasoline pumps used to dispense

oxygenated gasoline, as well as guidelines on the establishment of an

appropriate control period. These labeling requirements and control

period guidelines may be found in the Federal Register, 57 FR 47849,

dated October 20, 1992. Oregon's oxygenated gasoline regulation

requires a 2.7 percent average oxygen content within a four-county

Control Area (Clackamas, Multnomah, Washington, and Yamhill Counties)

which includes the Portland CO nonattainment area. The regulation also

contains the necessary labeling regulations, enforcement procedures,

and oxygenate test methods. EPA approved Oregon's oxygenated fuel SIP

revision on February 15, 1994 (59 FR 7222).

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\1\ The Maintenance Plan being proposed for approval herein

relies on the continuation of oxygenated fuel in the Portland CO

nonattainment area for the ten years of the maintenance period after

redesignation of the Portland CO nonattainment area to attainment.

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C. Conformity

Under section 176(c) of the CAA, States are required to submit

revisions to their SIPs that include criteria and procedures to ensure

that federal actions conform to the air quality planning goals in the

applicable SIPs. The requirement to determine conformity applies to

transportation plans, programs and projects developed, funded or

approved under Title 23 U.S.C. or the Federal Transit Act

(``transportation conformity''), as well as all other federal actions

(``general conformity''). Congress provided for the State revisions to

be submitted one year after the date of promulgation of final EPA

conformity regulations. EPA promulgated final transportation conformity

regulations on November 24, 1993 (58 FR 62188) and final general

conformity regulations on November 30, 1993 (58 FR 63214). These

conformity rules require that the States adopt both transportation and

general conformity provisions in their SIPs for areas designated

nonattainment or subject to a Maintenance Plan approved under CAA

section 175A. Pursuant to 40 CFR 51.396 of the transportation

conformity rule, Oregon was required to submit a SIP revision

containing transportation conformity criteria and procedures consistent

with those established in the federal rule by November 25, 1994.

Similarly, pursuant to 40 CFR 51.851 of the general conformity rule,

Oregon was required to submit a SIP revision containing general

conformity criteria and procedures consistent with those established in

the federal rule by December 1, 1994. Oregon submitted its

transportation conformity SIP revision to EPA on April 14, 1995. EPA

approved this SIP revision on May 16, 1996. Oregon submitted its

general conformity SIP revision to EPA on September 27, 1995, but it

has not yet been approved by EPA.

Although this redesignation request was submitted to EPA after the

due date for the SIP revisions for general conformity rules, EPA

believes it is reasonable to interpret the conformity requirements as

not being applicable requirements for purposes of evaluating the

redesignation request under section 107(d). The rationale for this is

based on a combination of two factors. First, the requirement to submit

SIP revisions to comply with the conformity provisions of the CAA

continues to apply to areas after redesignation to attainment.

Therefore, Oregon remains obligated to adopt the general conformity

rules even after redesignation and would risk sanctions for failure to

do so. While redesignation of an area to attainment enables the area to

avoid further compliance with most requirements of section 110 and part

D, since those requirements are linked to the nonattainment status of

an area, the conformity requirements apply to both nonattainment and

maintenance areas. Second, EPA's federal conformity rules require the

performance of conformity analyses in the absence of State-adopted

rules. Therefore, a delay in adopting State rules does not relieve an

area from the obligation to implement conformity requirements.

Because areas are subject to the conformity requirements regardless

of whether they are redesignated to attainment and must implement

conformity under federal rules if State rules are not yet adopted, EPA

believes it is reasonable to view these requirements as not being

applicable requirements for purposes of evaluating a redesignation

request.

Therefore, on April 1, 1996, EPA modified its national policy

regarding the interpretation of the provisions of section 107(d)(3)(E)

concerning the applicable requirements for purposes of reviewing a

carbon monoxide redesignation request (61 FR 2918, January 30, 1996).

Under this new policy, for the reasons just discussed, EPA believes

that the CO redesignation request for the Portland area may be approved

notwithstanding the lack of approved State general conformity rules.

For transportation conformity purposes, the on-road emission totals

outlined in the chart below for each year will be designated as the

emissions budget for the Portland CO nonattainment/maintenance area.

Oregon has also developed emissions budgets for two Sub-Areas, the

Central City Transportation Management Plan (CCTMP) Sub-Area and the

82nd Avenue Corridor Sub-Area.

[[Page 31401]]

Portland CO Transportation Emission Budgets

[Thousand pounds per winter day]

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Year 1991 1995 1997 2001 2003 2007

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CO Nonattainment Area = Metro Boundary

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Budget............................ 1812 1217 1076 875 825 775

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CCTMP Sub-Area

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Budget............................ 191 123 107 84 78 70

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82nd Avenue Corridor Sub-Area

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Budget............................ 12 7 6 5 4 4

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D. Inspection and Maintenance

Section 187(a)(4) requires that the applicable CO implementation

plan include the vehicle inspection and maintenance (I/M) program

described in section 182(a)(2)(B). This requires that Oregon implement

at least a basic I/M program. Oregon submitted its basic I/M SIP

revision to EPA on November 15, 1993. EPA approved this SIP revision on

September 9, 1994. Oregon submitted an enhanced I/M SIP revision to EPA

on December 12, 1996. EPA approved this on April 30, 1997. See 62 FR

27204.

E. Contingency Measures

States containing CO nonattainment areas with design values of 12.7

ppm or less were required to submit, among other things, contingency

measures to satisfy the provisions under section 172(c)(9). These

provisions require contingency measures to be implemented in the event

that an area failed to reach attainment by the applicable attainment

date, December 31, 1995. The SIP revision for the contingency measures

portion of the Attainment Plan was submitted on November 15, 1993. The

contingency plan required that oxygenates be supplied at maximum

allowable oxygen contents (e.g., 3.5% ethanol and 2.7% methyl tertiary

butyl ether (MTBE)). A specified minimum average oxygen content of 2.9%

would have been required only if, in subsequent control seasons, the

project control area average oxygen content would be less than 3.1%

(based on reported oxygenate mix information submitted by the regulated

community). EPA approved this SIP revision on June 28, 1994 (59 FR

33202).

F. New Source Review

All moderate CO nonattainment areas with a design value of 12.7 ppm

or less were required to submit proposed Part D New Source Review (NSR)

programs no later than November 15, 1993, pursuant to sections 172(b),

172(c)(5), and 173 of the CAA. Oregon submitted revisions to the SIP on

November 16, 1992, to meet this requirement. Further revisions were

submitted on December 12, 1996. EPA approved these revisions to the SIP

on April 30, 1997. See 62 FR 27204.

3. Improvement in Air Quality Due to Permanent and Enforceable Measures

Once this action and the enhanced vehicle inspection and

maintenance program are approved, EPA will have completed its approval

of Oregon's CO SIP (attainment plan). Emission reductions achieved

through the implementation of the primary control measures contained in

that SIP are enforceable. The primary permanent and enforceable federal

measure has been the Federal Motor Vehicle Control Program which has

established emission standards for new motor vehicles. Permanent and

enforceable SIP measures which have helped improve air quality in the

Portland CO nonattainment area are: major New Source Review Program

(Lowest Achievable Emission Rate and offsets); basic vehicle inspection

and maintenance; improved public transit; carpool matching program and

carpool parking program in downtown Portland; traffic flow improvements

(ramp metering, computerized signalization, on-street parking limits);

City of Portland bicycle parking program; Downtown Portland Air Quality

Plan (1980 Updated Downtown Parking and Circulation Policy); and the

Downtown Portland Parking Offset Program. Also, the oxygenated fuel

program, from its implementation on November 1, 1992, has been and will

continue to be, fully enforceable. As discussed above, the Portland

area initially attained the NAAQS in 1990 with monitored attainment

throughout the 1994-1995 CO season. This indicates that the

improvements were due to the permanent and enforceable measures

contained in the CO SIP. These improvements were made in spite of rapid

population growth in the Portland area since 1991. Oregon has also

evaluated Portland area meteorological patterns over the 1985-1994

period and has concluded that recent compliance with CO standards is

not attributable to favorable meteorology.

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 CO 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

CO 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. Oregon 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.

[[Page 31402]]

Therefore, EPA is satisfied that Oregon has demonstrated that

actual enforceable emission reductions are responsible for the air

quality improvement and that the CO emissions in the base year are not

artificially low due to a local economic downturn. EPA finds that the

combination of certain existing EPA-approved SIP and federal measures

contribute to the permanence and enforceability of reduction in ambient

CO levels that have allowed the area to attain the NAAQS.

4. Fully Approved Maintenance Plan Under Section 175A

Section 175A of the CAA sets forth the elements of a Maintenance

Plan for areas seeking redesignation from nonattainment to attainment.

The plan must demonstrate continued attainment of the applicable NAAQS

for at least ten years after the Administrator approves a redesignation

to attainment. Eight years after the redesignation, the State must

submit a revised Maintenance Plan which demonstrates attainment for the

ten years following the initial ten-year period. To provide for the

possibility of future NAAQS violations, the Maintenance Plan must

contain contingency measures, with a schedule for implementation

adequate to assure prompt correction of any air quality problems. In

this notice, EPA is proposing to approve Oregon's Maintenance Plan for

the Portland area because EPA finds that Oregon's submittal meets the

requirements of section 175A.

A. Attainment Emissions Inventory

On August 30, 1996, Oregon submitted, as part of its redesignation

and Maintenance Plan approval request, a comprehensive 1991 Attainment

Year inventory of CO emissions for the Portland area. The inventory

includes emissions from area, stationary, and mobile sources using 1991

as the base year for calculations.

The Oregon submittal contains the detailed inventory data and

summaries by source category. The comprehensive base year emissions

inventory was submitted in the National Emission Data System format.

This inventory was prepared in accordance with EPA guidance.

Although the 1991 inventory can be considered representative of

attainment conditions because the NAAQS was not violated during 1991,

Oregon established CO emissions for the attainment year, 1991, as well

as for forecast years out to the year 2007. These estimates were

derived from Oregon's 1991 emissions inventory. The future emissions

estimates are based on assumptions about vehicle miles traveled and

economic growth, and on the continuation of the oxygenated fuel program

throughout the ten year Maintenance Plan period. Also included in these

estimates are, for point sources, production increases both from

existing and new facilities.

1991 CO Base Year Emissions Inventory, Portland Nonattainment Area

[Tons per day]

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Non-road On-road

Year Point Area mobile mobile Total

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1991........................................... 57.97 205.50 67.55 906.11 1237.13

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B. Demonstration of Maintenance

i. Projected Inventories. Total CO emissions were forecast from

1991 base year out to 2007. These projected inventories were prepared

in accordance with EPA guidance. Oregon conducted rollforward analysis

for three hotspot monitoring locations, which are the sites of three of

the four permanent CO monitors in the Portland CO nonattainment area.

Oregon has provided a complete description of the methodology employed,

selection of the background concentration, explanation of the CCTMP

Worst Case Scenario for the downtown area, calculations, and a summary

of the results. Oregon has included the following technical data:

allocation of parking for the CCTMP Worst Case Scenario; City of

Portland traffic counts; Oregon-conducted speed runs; and Mobile 5a

input and output data sheets. Oregon will continue to implement the

oxygenated fuel program in the Portland CO nonattainment area

throughout the ten year Maintenance Plan period. The projections show

that calculated CO emissions, with the oxygenated fuel program in place

and operational, are not expected to exceed the level of the base year

inventory during this time period. Therefore, it is anticipated that

the Portland area will maintain the CO standard throughout the

Maintenance Plan period.

Portland CO Nonattainment Area, CO Emissions Forecast Summary

[Thousand pounds CO per winter day]

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Non-road On-road

Year Point Area mobile mobile Total

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

1991........................................... 116 411 135 1812 2474

1995........................................... 124 382 146 1217 1868

1997........................................... 167 392 151 1076 1785

2001........................................... 171 405 160 875 1610

2003........................................... 173 417 163 825 1577

2007........................................... 178 447 169 775 1569

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

ii. Transportation Control Measures (TCMs). TCMs incorporated into

the Maintenance Plan fall into two categories: non-funding based TCMs

and funding based TCMs. The non-funding based TCMs reduce

transportation emissions through land-use requirements and regulatory

programs. The funding based TCMs reduce transportation emissions by

increasing the supply of transit, bicycle and pedestrian facilities.

The funding based TCMs were established in the financially constrained

transportation network of Metro's interim federal Regional

Transportation Plan (RTP), adopted July 1995, in accordance with the

requirements of the federal

[[Page 31403]]

Intermodal Surface Transportation Efficiency Act (ISTEA). This network

includes only projects that can be supported based on historical

funding level trends.

Under the Oregon Administrative Rule (OAR), the funding based TCMs

must receive priority funding in Metro's transportation planning

process and all TCMs identified in the Maintenance Plan must receive

timely implementation. If the TCMs do not receive priority funding and

timely implementation, a conformity determination cannot be made for

Metro's transportation plans and all regionally significant projects

will be held up until a conformity determination can be made. These

requirements are specified in Oregon's transportation conformity rules

(OAR 340-020-0710 through 340-020-1080). In general, ``priority

funding'' means that all State and local agencies with influence over

approvals or funding of the TCMs are giving maximum priority to

approval of funding of the TCMs over other projects within their

control. ``Timely implementation'' means that the TCMs are being

implemented consistent with the schedule established in the Maintenance

Plan. The determination of whether priority funding and timely

implementation have been achieved is made in the context of interagency

consultation as specified in the transportation conformity rules.

Identified TCMs may be substituted in whole, or in part, with other

TCMs providing equivalent emission reductions. Substitution occurs

through consultation with Metro's Transportation Policy Alternatives

Committee (TPAC) and Joint Policy Advisory Committee on Transportation

(JPACT). Such substitution requires public notice, EQC (Environmental

Quality Commission) approval and concurrence from EPA, but does not

require a revision to the SIP. Appendix D2-10 of the Maintenance Plan

identifies the requirements for TCM substitutions, which EPA is

proposing to approve as part of the Maintenance Plan. TCMs in the

Maintenance Plan are as follow:

a. Non-funding based Transportation Control Measures: (1) Metro

2040 Growth Concept, which changes typical growth patterns to be less

reliant on motor vehicle travel, thereby reducing motor vehicle

emissions; and (2) Central City Parking Requirements: key elements of

the Zoning Code Amendments \2\ \3\ related to CO air quality

projections are incorporated into the Maintenance Plan. These include

maximum parking ratios for new development, requirements for providing

structured parking to serve older historic buildings, and other

regulations on parking. The downtown parking lid will be transferred to

contingency status upon approval of the Maintenance Plan.

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\2\ The Portland City Council adopted the Central City

Transportation Management Plan (CCTMP), Plan and Policy, and other

supporting documents which include these Zoning Code Amendments, on

December 6, 1995. The CCTMP was adopted by Ordinance No. 169535,

Resolution 35472, and was effective on January 8, 1996.

\3\ The CCTMP is intended to advance a ``buildout'' vision of

the Central City Plan to the year 2010 and beyond. The chief

implementing mechanism is the Zoning Code Amendments. Although the

CCTMP eliminated the ceiling on downtown parking, it provided for

the expansion of the system of maximum parking ratios to the entire

area of the Central City.

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Code No. Code title

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1. Incorporated Amendments to City of Portland Chapter 33.510, Central

City Plan District

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33.510.261--33.510.261.E (33.510.261.E.1 Parking Site split by

(a)(1)-(2),b,E.2.a(1)-(2),b). subdistrict or parking sector

boundaries.

33.510.263--33.510.263.A Parking in the Core Area

(33.510.263.A.1.a-c(1)-(4),A.2-4.a-b(1) Growth Parking.

-(3),A.5-7.a-c).

33.510.263.B--(33.510.263.B.1.a-c (1)- Preservation Parking.

(2),B.2-4.a).

33.510.263.E--(33.510.263.E.1.a-b,E.3.a- Residential/Hotel Parking.

c).

33.510.263.F--33.510.263.F.2............ RX Zone Parking.

33.510.263.G--33.510.263.G.4--(33.510.26 All Parking Surface parking

3.G.4.a.(1)-(2),G.4.d(1)-(3)). lots.

33.510.264 33.510.264.A Parking in Lloyd District

(33.510.264.A.1.a-c (1)- Growth Parking.

(4),A.2.a,A.4.a).

33.510.264.B 33.510.264.B.1.a-c(1)- Preservation Parking.

(2),B.2.a-c,B.4.a c.

33.510.264.F........................... All Parking.

33.510.264.F (33.510.264.F.4.e.(1)-(3)). Surface parking lots.

33.510.265.............................. Parking in the Goose Hollow

Subdistrict and Central

Eastside Sectors 2 and 3.

33.510.265.A (33.510.265.A.1.a- Growth Parking.

c,A.2.a,A.4.a).

33.510.265.B (33.510.265.B.1.a-c(1)- Preservation Parking.

(4),B.2.a,b) (33.510.265.B.4.a-c).

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2. Incorporated Portion of New Chapter 33.808, Central City Parking

Review

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33.808.050.............................. Loss of Central City Parking

Review Status.

33.808.100 33.808.100.G................. General Approval Criteria for

Central City Parking Review.

33.808.100.J 33.808.100.J.2.a If the site is in the Core

33.808.100.M. Area.

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Map Number Map Title

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

3. Incorporated Maps

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510-8................................... Core and Parking Sectors--EPA.

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4. Incorporated Portion of CCTMP Administration Section

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

Code No. Code title

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

VI.D.1.a.(1)-(5)........................ Administrative Section:

Preservation Parking.

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[[Page 31404]]

b. Funding based Transportation Control Measures: (1) Increased

Transit Service, specifically regional increase in transit service

hours averaging 1.5 percent annually; completion of the Westside Light

Rail Transit facility; and completion of Light Rail Transit (LRT) in

the South/North corridor by the year 2007; and (2) Bicycle and

Pedestrian Facilities, including multimodal facilities, an RTP

Constrained Bicycle System, and Pedestrian facilities.

C. Verification of Continued Attainment

Oregon will analyze on an annual basis the CO air quality

monitoring data to verify continued attainment of the CO NAAQS, in

accordance with 40 CFR Part 50 and EPA's Redesignation guidance. This

data, along with the previous year's data, will provide the necessary

information for determining whether the region continues to attain the

NAAQS.

Oregon will prepare updated emissions inventory summaries for 1996,

1999, 2001, 2003, and 2007. These updates will be submitted to EPA

Region 10 within 12 months following the end of the periodic emissions

inventory calendar year. In preparing the updates, Oregon will review

the emission factors, growth factors, rule effectiveness and rule

penetration factors, and other significant assumptions used to prepare

the emissions forecast. Oregon will verify the factors or adjust them

where more accurate information is available. New emission sources will

be included in the updates.

Oregon will compare each updated emissions summary to the emissions

forecast and the attainment inventories and evaluate any changes which

have occurred. If significant changes have occurred, Oregon will, in

consultation with EPA Region 10, determine if a more extensive periodic

emissions inventory is necessary. If a more extensive inventory is

necessary, it will be submitted to EPA within 23 months after the end

of the reporting period.

D. Contingency Plan

The level of CO emissions in the Portland area will largely

determine the area's ability to stay in compliance with the CO NAAQS in

the future. Despite Oregon's best efforts to demonstrate continued

compliance with the NAAQS, the ambient air pollutant concentrations may

exceed or violate the NAAQS. Section 175A(d) of the CAA requires that,

when violations of the NAAQS occur, Oregon implement all measures with

respect to the control of CO which were contained in the SIP for the

area before redesignation of the area as an attainment area. Therefore,

Oregon has provided contingency measures in the Maintenance Plan with a

schedule for implementation in the event of future exceedances or

violations of the CO NAAQS. The plan contains triggering mechanisms to

determine when contingency measures are needed.

Oregon has developed a contingency plan which utilizes actual

validated CO monitoring results to trigger activation of the CO

contingency measures. A two-tiered level of escalating response and

contingencies for the Portland CO Contingency Plan, based on risk of

violation and actual violation, is proposed as follows:

If monitored (8-hour average) CO levels at a site within the

Central City registers a second high concentration equaling or

exceeding 90 percent of the NAAQS level (8.1 ppm or greater) during a

calendar year period, Oregon will identify a planning group to

recommend a strategy for implementation to forestall violations of the

NAAQS. Within six months of the validated 90 percent second high CO

concentration, the planning group will determine a schedule of selected

strategies to either prevent or correct any violation of the 8-hour

NAAQS for CO. The contingency strategies to be considered will include,

but not be limited to: (1) Increased parking pricing in the Central

City; (2) increased funding for transit; (3) congestion pricing on

major regional transportation corridors; (4) a trip reduction program;

(5) regional mandatory parking ratios; and (6) accelerated

implementation of bicycle and pedestrian networks.

If a violation of the CO NAAQS occurs, and is validated by Oregon,

the following contingency measures will automatically be implemented:

(1) New Source Review requirements for proposed major sources and major

modifications in the Maintenance Plan area (and the area of significant

air quality impact) will be modified. The requirement to install Best

Available Control Technology (BACT) will be replaced with a requirement

to install Lowest Achievable Emission Rate (LAER) technology. In

addition, the industrial growth allowance established in section

4.51.3.2.3 of the Oregon CO SIP will be eliminated. These requirements

will take effect upon validation of the violation. BACT and a growth

allowance may be reinstated if provided for in a new Maintenance Plan

adopted and approved by EPA; and (2) The downtown parking lid will be

reinstated. However, the reinstatement of the downtown parking lid will

be implemented only if the violation occurs in the downtown area

formerly under the parking lid requirement.

E. Additional Maintenance Plan Commitments

Oregon has incorporated the following commitments into the

Maintenance Plan: (1) Coordination with the Southwest Washington Air

Pollution Control Authority in Vancouver, Washington, on interstate air

quality issues; (2) Submittal of rules to implement the enhanced

vehicle inspection program before EPA approval of the Maintenance Plan

(refer to previous discussion on the I/M program); (3) Submittal of

revisions to the New Source Review regulations before EPA approval of

the Maintenance Plan (refer to previous discussion on NSR); (4)

Preparation of periodic emissions inventory updates for 1996, 1999,

2001, 2003, and 2007, and submittal of the updates to EPA within 12

months following the end of the periodic emissions inventory calendar

year; (5) Submittal of a backup emission reduction measure as a

revision to the SIP if the federal Low Emission Vehicle (fedLEV) is

delayed beyond 2001. This measure will be presented for adoption by the

Oregon Environmental Quality Commission by November 1, 1999; (6)

Preparation of reports on activity in the industrial growth allowance

program for the periods 1996-1997, 1998-2001, 2002-2003, and 2004-2007,

and submittal of those reports to EPA within 12 months following the

end of the activity period; and (7) Maintenance of documentation of

approved TCM substitutions.

F. Subsequent Maintenance Plan Revisions

In accordance with section 175A(b) of the CAA, Oregon has agreed to

submit a revised maintenance SIP by December 31, 2004. Oregon will

develop the next ten year Maintenance Plan (2007-2017) in coordination

and conjunction with Metro.

5. Meeting Applicable Requirements of Section 110 and Part D

In section III.2 above, EPA sets forth the basis for its conclusion

that Oregon has a fully approved SIP which meets the applicable

requirements of section 110 and Part D of the CAA.

IV. This Action

EPA is proposing to approve the Portland area CO Maintenance Plan

because it meets the requirements set forth in section 175A of the CAA.

In addition, EPA is proposing to redesignate the Portland CO

nonattainment area to attainment

[[Page 31405]]

because Oregon has demonstrated compliance with the requirements of

section 107(d)(3)(E) for redesignation. EPA is also proposing to

approve Oregon's 1990 base year and 1991 (periodic) emissions

inventories.

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.

V. Administrative Review

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.

The CO SIP is designed to satisfy the requirements of part D of the

CAA and to provide for attainment and maintenance of the CO NAAQS. This

proposed redesignation should not be interpreted as authorizing or

proposing to authorize Oregon to delete, alter, or rescind any of the

CO emission limitations and restrictions contained in the approved CO

SIP. Changes to CO SIP regulations rendering them less stringent than

those contained in the EPA approved plan cannot be made unless a

revised plan for attainment and maintenance is submitted to and

approved by EPA. Unauthorized relaxations, deletions, and changes could

result in both a finding of nonimplementation (section 179(a) of the

CAA) and in a SIP deficiency call made pursuant to sections

110(a)(2)(H) and 110(k)(2) of the CAA.

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. Secs. 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

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 CAA forbids EPA to base its actions

concerning SIPs on such grounds. Union Electric Co. v. U.S. EPA, 27

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

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

the 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 by the rule.

EPA has determined that the proposed action 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.

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

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Ozone.

40 CFR Part 81

Environmental protection, Air pollution control, National parks,

Wilderness areas.

Dated: May 27, 1997.

Chuck Clarke,

Regional Administrator.

[FR Doc. 97-14941 Filed 6-6-97; 8:45 am]

BILLING CODE 6560-50-P