[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Rules and Regulations]
[Pages 67819-67823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25629]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OR-04-002; FRL-7835-2]


Approval and Promulgation of State Implementation Plans: Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA approves numerous revisions to the Oregon State 
Implementation Plan (SIP) in the State of Oregon Administrative Rules 
(OAR) relating to the inspection and maintenance (I/M) of motor 
vehicles. These revisions were submitted to EPA by the Director of the 
Oregon Department of Environmental Quality (ODEQ) on November 5, 1999, 
September 15, 2000, November 27, 2000, January 10, 2003, and April 22, 
2004.
    The revisions were submitted in accordance with the requirements of 
section 110 of the Clean Air Act (hereinafter CAA or Act).
    EPA is also approving the re-numbering of the Motor Vehicle section 
of the Oregon Administrative Rules. Two non-SIP related rules are also 
removed from the SIP in this action.

DATES: This direct final rule will be effective on January 21, 2005, 
without further notice, unless EPA receives comment by December 22, 
2004. If comments are received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. OR-04-002, 
by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#386a090859514a5b5755785d4859165f574e"><span class="__cf_email__" data-cfemail="6d3f5c5d0c041f0e02002d081d0c430a021b">[email protected]</span></a>.
    <bullet> Fax: (206)-553-0110.
    <bullet> Mail: Office of Air, Waste, and Toxics, Environmental 
Protection Agency, Mail code: OAWT-107, 1200 Sixth Ave., Seattle, 
Washington 98101.
    <bullet> Hand Delivery: Environmental Protection Agency, Office of 
Air, Waste, and Toxics, OAWT-107, 9th Floor, 1200 Sixth Ave., Seattle, 
Washington 98101. Such deliveries are only accepted during normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. OR-04-002. 
EPA's policy is that all comments received will be included in the 
public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov, or 
e-mail. The federal regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses. For 
additional instructions on submitting comments, go to A. General 
Information of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: Publicly available docket materials are available in hard 
copy at the Office of Air, Waste, and Toxics, EPA Region 10, Mail code: 
OAQ-107, 1200 Sixth Ave., Seattle, Washington 98101; open from 8 a.m.--
4:30 p.m. Monday through Friday, excluding legal holidays. The 
telephone number is (206) 553-1463.

FOR FURTHER INFORMATION CONTACT: Wayne Elson, Office of Air, Waste and 
Toxics, EPA Region 10, Mail code: OAWT-107, 1200 Sixth Avenue, Seattle 
WA 98101, telephone number: (206) 553-1463, or e-mail address: 
<a href="/cdn-cgi/l/email-protection#3c59504f5352124b5d4552597c594c5d125b534a"><span class="__cf_email__" data-cfemail="395c554a5657174e5840575c795c4958175e564f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

    The information in this section is organized as follows:

A. What Should I Consider as I Prepare My Comments for EPA?
B. What SIP Amendments Is EPA Approving?
C. What Are I/M Programs?
D. What Changes Have Been Made to Oregon's I/M Program That EPA Is 
Approving?
E. What Is the Enhanced Test Waiver and Why Is It Needed?
F. What Is a Qualified Household for the Enhanced Test Waiver?
G. Will This Waiver Affect Air Quality?
H. What Is On-Board Diagnostic (OBD) Testing?
I. What Is On-Site Vehicle Testing?
J. What Is Clean-Screen Testing?
K. What Is the Self-Service Test?
L. Are Clean Screen Testing and Self-Service Testing Required Tests?
M. Why Is EPA Taking No Action on Clean Screen Testing and the Self 
Service Test?
N. How Will These Approvals Change Ongoing Air Quality Planning in 
Oregon?

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit this information to EPA through regulations.gov or e-mail. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark 
the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 Code of 
Federal Regulations (CFR) part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    <bullet> Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
    <bullet> Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a CFR part or 
section number.
    <bullet> Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
    <bullet> Describe any assumptions and provide any technical 
information and/or data that you used.
    <bullet> If you estimate potential costs or burdens, explain how 
you arrived at

[[Page 67820]]

your estimate in sufficient detail to allow for it to be reproduced.
    <bullet> Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    <bullet> Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
    <bullet> Make sure to submit your comments by the comment period 
deadline identified.

B. What SIP Amendments Is EPA Approving?

    The following table outlines the submittals EPA received and is 
approving in this action:

------------------------------------------------------------------------
   Date of submittal to EPA                  Items revised
------------------------------------------------------------------------
11-5-1999....................  --Renumbering of the Motor Vehicles Rule
                                from Division 24 to Division 256 of the
                                OAR.
9-15-2000....................  Submitted rule changes were superceded by
                                rule revisions in later submittals
                                listed below.
11-27-2000...................  --OAR 340-256-0355 Emissions Control Test
                                Method for OBD Test Program.
                               --OAR 340-256-0440 Criteria for
                                Qualifications of Persons Eligible to
                                Inspect Motor Vehicles and Motor Vehicle
                                Pollution Control Systems and Execute
                                Certificates.
                               --OAR 340-256-0465 Test Equipment
                                Licensing Criteria for OBD Test Program.
1-10-2003....................  --OAR 340-256-0356 Emissions Control Test
                                Method for On-Site Vehicle Testing for
                                Automobile Dealerships.
4-22-2004....................  --OAR 340-256-0010 Definitions.
                               --OAR 340-256-0300 Scope.
                               --SIP Volume 2, Section 5.4 Motor Vehicle
                                Inspection and Maintenance.
------------------------------------------------------------------------

    The SIP revisions cover the addition of new rules and revisions to 
existing rules for I/M requirements in Division 256 Motor Vehicles 
(formerly Division 024). The submittal dated September 15, 2000 
contained rules that were subsequently revised in later ODEQ 
submittals. Only the current version of each rule is being approved.
    In addition to the rule revisions submitted by ODEQ, EPA is also 
approving rule renumbering for the Motor Vehicle Division 256 of the 
OAR. On November 5, 1999, ODEQ submitted a complete rule renumbering to 
EPA for approval into the SIP, with an effective date under State law 
of October 14, 1999. EPA approved portions of this submittal, but did 
not take action on Division 256 Motor Vehicles since the rules in this 
division had been subsequently revised by ODEQ. The rule renumbering is 
non-substantive.
    EPA is removing the old rules (formerly Division 024) from the 
current SIP that are replaced and approved under the renumbering.
    EPA is removing previously approved rules relating to noise 
emissions from the SIP in this action. These noise emissions rules were 
incorrectly approved into the SIP under a previous action. EPA also is 
removing the fee schedule for motor vehicle inspections.
    Excess emissions rule revisions by the Lane Regional Air Pollution 
Authority (LRAPA) were submitted with the January 10, 2003 submittal. 
EPA is taking no action on the Excess Emissions Rules at this time.
    ODEQ submitted two new rules for testing methods which include 
Clean Screen and Self Service testing. The rules state the possibility 
of implementation of this testing, but procedures and methods for 
implementation have not been developed and are currently not in place. 
Therefore, EPA is taking no action on these rules at this time.
    The most salient aspects of approved rule changes include: revised 
rules for testing requirements based on vehicle model year, the 
introduction of the OBD test for 1996 and newer vehicles in the 
Portland and Medford area vehicle inspection programs, providing a 
waiver from the enhanced vehicle inspection testing requirements for 
vehicles owned by qualified households in the Portland vehicle 
inspection area, establishing an on-site vehicle testing program for 
used vehicles sold by auto dealers in the Portland and Medford areas, 
and revised rules for qualifications for testing personnel.

C. What Are I/M Programs?

    In local areas I/M programs are designed to reduce motor vehicle 
emissions by requiring that vehicles periodically pass a tailpipe 
emissions test or, depending on the model year, a check of the OBD 
system. Vehicles emissions are reduced when vehicles are repaired in 
order to pass these tests.

D. What Changes Have Been Made to Oregon's I/M Program That EPA Is 
Approving?

    Current SIP approved rules include the basic and enhanced test 
requirements. This approval adds the OBD test as a requirement for 
certain vehicles in the Portland Vehicle Inspection (VI) Area and 
Medford-Ashland Air Quality Maintenance Area (AQMA). The emission 
control test method for the OBD test and OBD test equipment licensing 
criteria are also included in these rule changes.
    This approval also includes a waiver from the enhanced vehicle test 
for qualified households in the Portland VI Area. Households eligible 
for the waiver would still be required to take the basic emissions 
test. Qualifications for the waiver are based on household income.
    EPA is also approving an on-site vehicle testing program for used 
vehicles sold by auto dealers in the Portland and Medford area. This is 
a voluntary program that allows on-site testing by ODEQ employees for 
manufacturer franchised auto dealers only.
    This approval also includes revisions made to the criteria for 
qualifications for persons eligible to inspect motor vehicles to 
include qualifications for administering testing for new vehicle tests 
and test methods.
    SIP Volume 2, Section 5.4 is a programmatic description of the 
Oregon I/M program including boundaries, performance standards, network 
type, tools, test frequency, quality control, waivers, and compliance, 
data collection, inspector training, and repair effectiveness. This 
description has been updated to reflect the changes to the program. EPA 
reviewed these changes and will approve this section.

E. What Is the Enhanced Test Waiver and Why Is It Needed?

    This provision allows the waiver of some households from the 
enhanced vehicle emissions test. The waiver program is only for the 
Portland VI Area. The waiver would be granted based on household 
income. These households would still be required to take the basic 
emissions test. This waiver benefits households by reducing vehicle 
repair costs to meet emission standards. In a two-year pilot program, 
repair costs to meet the enhanced vehicle tests were higher than the 
cost of repairs to comply with the basic emissions test.

[[Page 67821]]

F. What Is a Qualified Household for the Enhanced Test Waiver?

    A qualified household, under the enhanced test waiver program, has 
a net income of less than or equal to 1.3 times the Federal Poverty 
Guidelines for the year 2000. After the year 2000, the annual income 
requirement will be adjusted annually, using the Oregon Consumer Price 
Index for the Portland Metro Regional area.

G. Will This Waiver Affect Air Quality?

    In order to amend the SIP to include this provision, the ODEQ must 
demonstrate that the waiver program will not result in an exceedance of 
air quality standards. The information collected from a two-year pilot 
waiver program has shown that the number of vehicles granted waivers 
under this program would have a negligible effect on air quality.

H. What Is On-Board Diagnostic (OBD) Testing?

    OBD is a term describing a vehicle's on-board computer that 
monitors how certain vehicle components function. The OBD system alerts 
drivers of malfunctions in systems that affect exhaust emissions such 
as the oxygen sensor, exhaust gas re-circulation system, fuel system, 
catalytic converter, etc. The OBD system continuously monitors engine 
systems and detects problems early.
    If a vehicle's computer system detects a malfunction, the computer 
stores a code that can aid in diagnosis of vehicle problems that can 
affect air quality. During emissions testing, a computer checks for 
these stored trouble codes by downloading the vehicle's computer, and 
the dashboard malfunction light is also checked.

I. What Is On-Site Vehicle Testing?

    On-site testing is vehicle emissions testing that takes place at an 
auto dealer's location, instead of at a ODEQ vehicle testing facility. 
ODEQ will perform the on-site testing using a traveling van equipped 
with OBD testing equipment. The OBDII test will be given to 1996 and 
newer model year vehicles equipped with OBDII systems. If a vehicle 
fails the test, the vehicle must be repaired before being re-tested.
    Auto dealers may elect to take vehicles to ODEQ centralized testing 
locations if they decide not to participate in the on-site testing.

J. What Is Clean-Screen Testing?

    The clean screen test evaluates vehicle emissions while on the 
roadway to determine whether a vehicle has acceptable emissions. Clean 
screen testing may be administered using several methods. One technique 
would optically measure emissions using ultraviolet and infrared light 
beams directed across lane of traffic. Another technique would 
intercept a broadcast electronic OBD signal from a vehicle whose owner 
has volunteered for the program.
    The clean screening test would be administered just prior to 
registration expiration. Clean vehicles would be issued a certificate 
of compliance and would not be required to undergo the traditional 
vehicle inspection test at a testing facility.
    The clean-screen testing rule requires ODEQ to establish specific 
testing processes before implementing this type of testing. This 
testing program is developmental and the rule requires ODEQ develop 
documentation that this method would provide equal or greater accuracy 
in identifying vehicles that would pass or fail the required emission 
test.

K. What Is the Self-Service Test?

    The self-service testing would provide a testing method for the 
vehicle owner or owner's representative to perform the emissions test 
at a designated location. The test performed will be either a remote 
sensing optical quantification of tailpipe pollutants, a remote or 
computer connected OBD test, or other means as developed by ODEQ.
    The self-service test rule requires ODEQ to establish specific 
testing processes before implementing this type of testing. This 
testing program is developmental and the rule requires ODEQ develop 
documentation that this method would provide equal or greater accuracy 
in identifying vehicles that would pass or fail the required emission 
test.

L. Are Clean Screen Testing and Self-Service Testing Required Tests?

    No. Both testing options are voluntary, and, if implemented, would 
be offered as an alternative to the standard emissions testing at ODEQ 
testing facilities. Vehicle owners would still be able to have their 
vehicles tested at the ODEQ test centers.

M. Why Is EPA Taking No Action on Clean Screen Testing and the Self 
Service Test?

    EPA is taking no action on these rules at this time because 
procedures for these tests have not yet been developed, and the testing 
programs are not ready to implement on a wide scale. However, this does 
not prevent ODEQ from developing these testing programs and later 
submitting the procedures to EPA for approval into the SIP.

N. How Will These Approvals Change Ongoing Air Quality Planning in 
Oregon?

    ODEQ is proposing revisions to the Oregon SIP to maintain air 
quality in compliance with federal air quality standards for carbon 
monoxide and ozone. The I/M program is an important and integral part 
of the ongoing air quality control measures of the SIP. EPA approval 
will support and strengthen the I/M program.
    These rule changes provide additional vehicle testing options that 
could make vehicle testing more convenient. Improvements in customer 
service could increase participation in the I/M program.

II. Summary of Action

A. EPA Is Approving the Following Sections Into the SIP

    Chapter 340-256 Motor Vehicles Sections -0010, -0200, -0300, -0310, 
-0330, -0340, -0350, -0355, -0356, -0370, -0380, -0390, -0400, -0410, -
0420, -0440, -0450, -0460, -0465, and -0470 and SIP Volume 2, Section 
5.4.

B. EPA Is Removing the Following Old Sections From the Current SIP 
Because They Are Replaced by the Rules in Section A Above

    Chapter 340 Division 024 Sections -0100, -0300, -0301, -0305, -
0306, -0308, -0309, -0312, -0318, -0320, -0325, -0330, -0332, -0335, -
0340, -0355, -0357, and -0360 and SIP Volume 2, Section 5.4.

C. EPA Is Removing the Following Rules From the Current IBR'd SIP 
Because They Are Not Appropriate for Inclusion in the SIP

    Chapter 340 Division 024 Sections 0314 Motorcycle Noise Emission 
Control Test Method, 0337 Motor Vehicle Propulsion Exhaust Noise 
Standards, and 0307 Motor Vehicle Inspection Program Fee Schedule.

D. EPA Is Taking No Action at This Time on the Following Rules

    Lane Regional Air Pollution Authority Excess Emissions Rules, OAR 
340-256-0357 Emissions Control Test Method for Clean Screen Testing 
Program, and 340-356-0358 Emissions Control Test Method for Self-
Service Testing Program.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register

[[Page 67822]]

publication, EPA is publishing a separate document that will serve as 
the proposal to approve the SIP revision should adverse comments be 
filed. This rule will be effective January 21, 2005, without further 
notice unless the Agency receives adverse comments by December 22, 
2004.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule in the Federal Register informing the public 
that the rule will not take effect. All public comments received will 
then be addressed in a subsequent final rule based on the proposed 
rule. The EPA will not institute a second comment period on this 
action. Parties interested in commenting should do so at this time. If 
no such comments are received, the public is advised that this rule 
will be effective on January 21, 2005, and no further action will be 
taken on the proposed rule. Please note that if we receive adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, we may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

III. Oregon Notice Provision

    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. EPA determined that, because the five-
day advance notice provision required by ORS 468.126(1) (1991) bars 
civil penalties from being imposed for certain permit violations, ORS 
468 fails to provide the adequate enforcement authority that a state 
must demonstrate to obtain SIP approval, as specified in section 110 of 
the Clean Air Act and 40 CFR 51.230. Accordingly, the requirement to 
provide such notice would preclude Federal approval of a section 110 
SIP revision.
    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 ORS 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 a state program from Federal approval or 
delegation. ODEQ responded to EPA's understanding of the application of 
ORS 468.126(2)(e) and agreed that, because 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.

IV. Scope of EPA Approval

    Oregon has not demonstrated authority to implement and enforce the 
Oregon Administrative Rules within ``Indian Country'' as defined in 18 
U.S.C. 1151.1 1 ``Indian country'' is defined under 18 U.S.C. 1151 as: 
(1) All land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation, (2) all dependent Indian communities within the borders of 
the United States, whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State, 
and (3) all Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same. Under 
this definition, EPA treats as reservations trust lands validly set 
aside for the use of a Tribe even if the trust lands have not been 
formally designated as a reservation. Therefore, this SIP approval does 
not extend to ``Indian Country'' in Oregon. See CAA sections 
110(a)(2)(A) (SIP shall include enforceable emission limits), 
110(a)(2)(E)(i) (State must have adequate authority under State law to 
carry out SIP), and 172(c)(6) (nonattainment SIPs shall include 
enforceable emission limits). This is consistent with EPA's previous 
approval of Oregon's PSD program, in which EPA specifically disapproved 
the program for sources within Indian Reservations in Oregon because 
the State had not shown it had authority to regulate such sources. See 
40 CFR 52.1987(c). It is also consistent with EPA's approval of 
Oregon's title V operating permits program. See 59 FR 61820, 61827 
(December 2, 1994) (interim approval does not extend to Indian 
Country); 60 FR 50106, 50106 (September 28, 1995) (full approval does 
not extend to Indian Country).

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small

[[Page 67823]]

Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 January 21, 2005. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    Dated: October 26, 2004.
Julie M. Hagensen,
Acting Regional Administrator, Region 10.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart MM--Oregon

0
2. Section 52.1970 is amended by adding paragraph (c) (142) to read as 
follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *
    (142) The Environmental Protection Agency (EPA) approves various 
amendments to the Oregon State Implementation Plan which are contained 
in four separate submittals to EPA, dated November 5, 1999, November 
27, 2000, January 10, 2003 and April 19, 2004 which include revisions 
to the inspection and maintenance program.
    (i) Incorporation by reference.
    (A) The following sections of the Oregon Administrative Rules 340: 
256-0200, 256-0310, 256-0330, 256-0340, 256-0350, 256-0370, 256-0380, 
256-0390, 256-0400, 256-0410, 256-0420, 256-0450, 256-0460, and 256-
0470, as effective October 14, 1999; 256-0355, 256-0440, and 256-0465, 
as effective October 25, 2000; 256-0356, as effective October 4, 2001; 
and 256-0010, 256-0300, as effective October 24, 2003.
    (B) Remove the following old sections of the Oregon Administrative 
Rules 340 from the current incorporation by reference: 024-100, 024-
300, 024-301, 024-305, 024-306, 024-307, 024-308, 024-309, 024-312, 
024-314, 024-318, 024-320, 024-325, 024-330, 024-332, 024-335, 024-337, 
024-340, 024-355, 024-357, and 024-360.
    (ii) Additional Material:
    (A) Oregon SIP Volume 2, Section 5.4, as effective October 24, 
2003.

[FR Doc. 04-25629 Filed 11-19-04; 8:45 am]
BILLING CODE 6560-50-U


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