[Federal Register Volume 62, Number 96 (Monday, May 19, 1997)]
[Rules and Regulations]
[Pages 27204-27209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12919]
[[Page 27204]]
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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
