[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15674]
[Federal Register: June 28, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OR-38-1-6335a; FRL-4998-8]
Approval and Promulgation of State Implementation Plan: Oregon
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
State of Oregon's contingency measure plan as a revision to Oregon's
State Implementation Plan (SIP) for carbon monoxide (CO). EPA's action
is based upon a revision request which was submitted by the state to
satisfy a requirement of the Clean Air Act Amendments (CAAA) for Grants
Pass, Medford, Portland, and Klamath Falls, Oregon.
DATES: This final rule will be effective on August 29, 1994 unless
adverse or critical comments are received by July 28, 1994. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to: Montel Livingston,
SIP Manager, EPA, Air & Radiation Branch (AT-082), Docket # OR-38-1-
6335, 1200 Sixth Avenue, Seattle, Washington 98101.
Documents which are incorporated by reference are available for
public inspection at the Air and Radiation Docket and Information
Center, EPA, 401 M Street, SW., Washington, DC 20460. Copies of
material submitted to EPA may be examined during normal business hours
at the following locations: EPA, Region 10, Air & Radiation Branch,
1200 Sixth Avenue (AT-082), Seattle, Washington 98101, and the Oregon
Department of Environmental Quality, 811 SW., Sixth Avenue, Portland,
Oregon 97204-1390.
FOR FURTHER INFORMATION CONTACT: Christi Lee, Air & Radiation Branch
(AT-082), EPA, Seattle, Washington 98101, (206) 553-1814.
SUPPLEMENTARY INFORMATION:
I. Background
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 fails to reach attainment by the applicable attainment
date, December 31, 1995. Contingency measures were due by November 15,
1993, as set by EPA under section 172(b) of the Act.
Contingency measures must be implemented within 12 months after the
finding of failure to attain the CO National Ambient Air Quality
Standards (NAAQS). Once triggered they must take effect without further
action by the state or EPA, therefore, all contingency measures must be
adopted and enforceable prior to submittal to EPA.
The CAAA does not specify how many contingency measures are needed
or the magnitude of emission reductions they must provide if an area
fails to attain the CO NAAQS. EPA believes that one appropriate choice
of contingency measures would be to provide for the implementation of
sufficient vehicle miles traveled (VMT) reductions or emissions
reductions to counteract the effect of one year's growth in VMT while
the state revises its SIP to incorporate all of the new requirement of
a serious CO area.
II. This Action
In this action, EPA is approving Oregon's SIP revision submitted to
EPA on November 15, 1993 for Grants Pass, Medford, Portland and Klamath
Falls, Oregon because it meets the applicable requirements of the Act.
The State of Oregon held public hearings in Grants Pass, Medford,
Portland and Klamath Falls on August 16, 17, and 18, 1993 respectively
to entertain public comment on the CO contingency measure SIP revision.
Following the public hearing, the plan was adopted by the Environmental
Quality Commission on October 29, 1993, and became effective on
November 4, 1993. The Oregon Department of Environmental Quality (ODEQ)
submitted the plan to EPA on November 15, 1993 as a proposed revision
to the SIP.
The SIP revision was reviewed by EPA to determine completeness
shortly after its submittal, in accordance with the completeness
criteria set out at 40 CFR part 51, appendix V (1991), as amended by 57
FR 42216 (August 26, 1991). The submittal was found to be complete and
a letter dated March 8, 1994 was forwarded to ODEQ's Director
indicating the completeness of the submittal.
Analysis of State Submission
Oregon's CO contingency plan requires oxygenates to 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 level of 2.9% would be required only if, in subsequent control
seasons, the projected control area average oxygen content would be
less than 3.1%. This projection will be based on reported oxygenate mix
information submitted by the regulated community.
If any of Oregon's four CO nonattainment areas fail to meet
applicable standards by the December 31, 1995 Clean Air Act (CAA)
deadline, or in any subsequent year prior to redesignation to
attainment, implementation of the contingency provision will be
formally triggered by written notification to ODEQ from the EPA, or by
written notification from ODEQ to affected fuel suppliers in order to
give as much lead time as possible to implement the CO contingency plan
for the 1996-97 CO season. Oxy-fuel suppliers will be provided at least
eight months to implement CO contingency plans from the time
notification is received from ODEQ or from EPA, whichever is sooner.
ODEQ would expect to notify suppliers no later than March 1 in order to
ensure that oxy-fuel is supplied for the entire winter CO season. EPA
is legally required to make such notification within six months of the
end of calendar year 1995. If a standard violation occurs during 1994,
the above implementation time frame could be accelerated by as much as
two full years.
After the CO contingency plan is triggered and oxygenates are being
supplied at maximum EPA approved levels, ODEQ will assess seasonal
oxygenate mix reports to project whether an average control area oxygen
content of 3.1% will be reached in subsequent control periods. If
ODEQ's projection indicates that the oxygen content will be less than
3.1%, a 2.9% mandatory average oxygen content to be achieved by all
Control Area Responsible Parties (CARs) and blender CARs, will be
implemented for future control periods. If mandated, a 2.9% oxygen
content level could be achieved by: (a) Using only ethanol as an
oxygenate; or (b) through an averaging program using MTBE or other
oxygenates and ethanol. An averaging program would require that at
least 25% of the total volume of fuel supplied to a control area be
oxygenated with ethanol to meet an oxygen content of 3.5%. The
remaining 75% of total volume could be oxygenated with MTBE or other
oxygenates at a 2.7% level to yield an average oxygen content over the
control period of 2.9%.
EPA recently promulgated regulations for reformulated gasoline that
control the oxygen content of gasoline under section 211(c)(1) of the
Act in certain ozone nonattainment areas, 59 FR 7716 (February 16,
1994). Since the reformulated gasoline program would not apply to the
gasoline marketed in the Oregon CO nonattainment areas at issue here,
EPA does not believe that Oregon's contingency measures to impose
controls on oxygen content beyond those statutorily required under
section 211(m) would be preempted under section 211(c)(4) of the Act.
In addition to the CO contingency plan, the revision contains
housekeeping changes to clarify and improve the organization of the
oxy-fuel regulations to minimize misinterpretation. EPA approves of
these changes.
III. Administrative Review
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, Part D of the CAA
do not create any new requirements, but simply approve requirements
that the state is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.SE.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42
U.S.C. 7410(a)(2).
Because EPA considers this action noncontroversial and routine, we
are approving it without prior proposal. The action will become
effective on August 29, 1994 unless adverse comments are received by
July 28, 1994. If the EPA receives adverse comments, the direct final
rule will be withdrawn and all public comments received will be
addressed in a subsequent final rule based on the proposed rule (please
see short informational notice published, simultaneously, in the
proposal section of this Federal Register).
Nothing is this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic and
environmental factors and in relation to relevant statutory and
regulatory requirements.
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future document will inform the general public of
these tables. On January 6, 1989 the Office of Management and Budget
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the
requirements of section 3 of Executive Order 12291 for two years. The
EPA has submitted a request for a permanent waiver for Table 2 and
Table 3 SIP revisions. The OMB has agreed to continue the waiver until
such time as it rules on EPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 29, 1994. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2), 42 U.S.C.
7607(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Ozone, Volatile organic
compounds.
NOTE: Incorporation by reference of the Implementation Plan for
the State of Oregon was approved by the Director of the Office of
Federal Register on July 1, 1982.
Dated: June 3, 1994.
Chuck Clarke,
Regional Administrator
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart MM--Oregon
2. Section 52.1970 is amended by adding paragraph (c) (105) to read
as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(105) On November 15, 1993, the Director of ODEQ submitted Oregon's
contingency measure plan as a revision to Oregon's SIP for carbon
monoxide (CO) for Grants Pass, Medford, Portland, and Klamath Falls,
Oregon.
(i) Incorporation by reference.(A) November 15, 1993 letter from
the Director of ODEQ to EPA Region 10 submitting amendments to the
Oregon SIP.
(B) Oregon Administrative Rules, Chapter 340-22-440 through 340-22-
650, Vol. 2, Sections 4.2, 4.9, 4.ll, Carbon Monoxide Control
Strategies, effective November 4, 1993.
* * * * *
[FR Doc. 94-15674 Filed 6-27-94; 8:45 am]
BILLING CODE 6560-50-F
