46208 Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[OR 56–7271; FRL–5884–4]

Approval and Promulgation of State

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes: State of Oregon

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is redesignating the

Portland, Oregon nonattainment area to

attainment for the carbon monoxide

(CO) national ambient air quality

standard (NAAQS) and approving a

maintenance plan that will insure that

the area remains in attainment. Under

the Clean Air Act (CAA) as amended in

1990, designations can be revised if

sufficient data is available to warrant

such revisions. In this action, EPA is

approving the Oregon Department of

Environmental Quality’s (DEQ’s) request

because it meets the redesignation

requirements set forth in the CAA. As

part of this action, EPA is approving two

related State Implementation Plan (SIP)

revisions: the 1990 base year emissions

inventory, as meeting the requirements

of section 187(a)(1) of the CAA; and the

1991 attainment year emissions

inventory, as meeting the periodic

inventory requirements of section

187(a)(5) of the CAA.

DATES: This rule is effective as of

October 2, 1997.

ADDRESSES: Copies of Oregon’s

redesignation request 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 the Oregon

Department of Environmental Quality,

811 SW 6th Avenue, Portland, Oregon

97204–1390, telephone (503) 229–5696.

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:

William M. Hedgebeth, Office of Air

Quality (OAQ–107), EPA, Seattle,

Washington, (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) (Pub. L.

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 C.F.R. § 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

Portland, Oregon, and on May 23, 1996,

in Tigard, Oregon.

Oregon provided monitoring,

modeling, and emissions data to support

its redesignation request. The 1991 CO

attainment emissions inventory totals in

tons per day are: Point Sources: 57.97;

Area Sources: 205.50; On-road Mobile

Sources: 906.11; and Non-road Mobile

Sources: 67.55; Total Sources: 1237.13

tons per day. The emission budget

established through the year 2007 is as

follows:

PORTLAND CO TRANSPORTATION EMISSION BUDGETS

[Thousand pounds per winter day]

Year ................................................................................... 1991 1995 1997 2001 2003 2007

CO NONATTAINMENT AREA = METRO BOUNDARY

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

CCTMP Sub-Area

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

82nd Avenue Corridor Sub-Area

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

Oregon relied, in part, on the

existence of an approved Inspection and

Maintenance (I/M) program to attain the

CO NAAQS, and has implemented an

enhanced I/M program which will help

maintain the NAAQS during the tenyear maintenance period. Oregon also

relied on an oxygenated fuel program to

ensure attainment of the NAAQS,

although it is important to note that the

CO NAAQS was attained in Portland

prior to the implementation of the

oxygenated fuel program in 1992. The

oxygenated fuel program remains part of

the maintenance plan during the first

ten-year maintenance period.

A number of other measures have

been implemented that have also helped

improve air quality in the Portland CO

nonattainment area. The primary

permanent federal measure which has

contributed to this improvement for CO

has been the Federal Motor Vehicle

Control Program which has established

emission standards for new motor

vehicles. Additional measures

implemented by Oregon, Metro, and the

City of Portland which have contributed

to the improvement in CO are: major

New Source Review Program (lowest

achievable emission rate and offsets);

improved public transit; carpool

matching program and carpool parking

program in downtown Portland; traffic

flow improvements (ramp metering,

computerized signalization, on-street
Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations 46209

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.

It should also be noted that

improvements in the air quality in the

Portland metropolitan area were also

acknowleged by EPA when it

redesignated the Portland-Vancouver

ozone nonattainment area to attainment

on May 19, 1997 (See 62 FR 27204).

The Portland area initially attained

the NAAQS for CO in 1990 with

monitored attainment continuing

throughout the 1994–1995 CO season.

This was accomplished in spite of rapid

population growth in the Portland area

since 1991. In addition, Oregon

evaluated Portland area meteorological

patterns over the 1985-1994 period and

concluded that the recent compliance

with the CO standards was not

attributable to favorable meteorology.

II. Response To Comments

No comments were received on the

June 9, 1997, Notice of Proposed

Rulemaking in this matter.

III. Final Action

EPA is approving the Portland CO

Maintenance Plan and Oregon’s request

to redesignate the Portland area to

attainment of the CO standard because

Oregon’s submittal meets the

requirements of section 107(d)(3)(E) of

the CAA. This approval revises the SIP

for the Portland area and assures that

the CO standard will be maintained

through the year 2007. Because EPA is

approving the Maintenance Plan and

because the area meets CAA

requirements for redesignation to

attainment, the Portland area will be

designated as attaining the CO NAAQS.

EPA is also approving Oregon’s 1990

base year emissions inventory as

meeting the requirements of section

187(a)(1) of the CAA and is approving

Oregon’s 1991 attainment year

emissions inventory as meeting the

periodic inventory requirements of

section 187(a)(5) of the CAA.

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.

IV. Administrative Requirements

A. Executive Order 12866

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

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

Regional 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 Regional 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 the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective 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 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 CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by November 3, 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, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations.

40 CFR Part 81

Environmental protection, Air

pollution control.

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.
46210 Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations

Dated: August 11, 1997.

Chuck Findley,

Acting Regional Administrator.

PART 52—[AMENDED]

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

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)(122) to read as

follows:

§ 52.1970 Identification of plan.

* * * * *

(c) * * *

(122) On August 30, 1996, the

Director of the Oregon Department of

Environmental Quality submitted to the

Regional Administrator of EPA a

revision to the Carbon Monoxide State

Implementation Plan for the Portland

area containing a Maintenance Plan that

demonstrated continued attainment of

the NAAQS for carbon monoxide

through the year 2007.

(i) Incorporation by reference.

(A) Letter dated August 30, 1996, from

Oregon to EPA requesting the

redesignation of the Portland carbon

monoxide nonattainment area to

attainment and submitting the

Maintenance Plan; Revision to the State

Implementation Plan: Carbon Monoxide

Maintenance Plan and Redesignation

Request for the Portland Metro Area,

adopted July 12, 1996.

(B) Letter dated April 17, 1997, from

Oregon to EPA submitting replacement

pages to the Maintenance Plan and

appendices.

(ii) Additional material.

(A) Appendices to the Maintenance

Plan and Redesignation Request for

Portland (Metro) Area—State

Implementation Plan Revision for

Carbon Monoxide, dated July 12, 1996:

Appendix D2–1 (Volume 3), CO Air

Monitoring Network; Appendix D2–2

(Volume 3), Meteorological Analysis;

Appendix D2–3 (Volume 3), Review of

Bag Study Results Which Demonstrates

The DEQ Network of Sites Records

Higher CO Concentrations Than

Screened Intersections; Appendix D2–4

(Volume 3), Emission Inventory and

Forecast Portland (Metro) Area (Carbon

Monoxide); Appendix D2–4–1 (Volume

3), Base Year (1990) Emission Inventory

Portland (Metro) Area (Carbon

Monoxide); Appendix D2–4–2 (Volume

3), Attainment Year (1991) Emission

Inventory Portland (Metro) Area (Carbon

Monoxide); Appendix D2–4–3 (Volume

3), Regional Emission Forecast Portland

(Metro) Area; Appendix D2–4–4

(Volume 3), Subregional Emission

Inventories and Forecast Portland

(Metro) Area (Carbon Monoxide);

Appendix D2–4–5 (Volume 3), Metro

Model Assumptions, Link-Based

Emissions Calculation Methodology,

and Travel Demand Forecasting Model

Summary; Appendix D2–5 (Volume 3),

Conformity Process; Appendix D2–6

(Volume 3), Historical and Projected

Population and Households; Appendix

D2–7 (Volume 3), Metro Council

Resolution Concerning Portland CO

Maintenance Plan, Emission Budgets,

and Contingency Plan; Appendix D2–8

(Volume 3), CCTMP Zoning Codes

Incorporated Into the Portland Carbon

Monoxide Maintenance Plan; Appendix

D2–9 (Volume 3), Motor Vehicle

Inspection Program Changes; Appendix

D2–10 (Volume 3), Land-Use Measures

and TCM Substitution; Appendix D2–11

(Volume 3), New Source Review

Program Changes; Appendix D2–12

(Volume 3), Rollforward Analysis;

Appendix D2–13 (Volume 3), CCTMP

Zoning Codes Used as Supporting

Documentation in the Portland Carbon

Monoxide Maintenance Plan; Appendix

D2–14 (Volume 3), Miscellaneous

Oregon Administrative Rule

Amendments—Supporting Rules, OAR

Chapter 340, Section 340–020–0047

(State of Oregon Clean Air Act

Implementation Plan); and Sections

340–031–0520 and 340–031–0530

(Maintenance Area Designation).

PART 81—[AMENDED]

* * * * *

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. In § 81.338, the table for ‘‘OregonCarbon Monoxide’’ is amended by

revising the entry for the Portland area

to read as follows:

§ 81.338 Oregon.

* * * * *

OREGON-CARBON MONOXIDE

Designated area

Designation Classification

Date1 Type Date1 Type

* * * * * * *

Portland Area:

Portland Metro Service District Boundary:

Clackamas County (part) ................................................................ .......................... Attainment ........ .......................... ..........................

Multnomah County (part) ................................................................ .......................... Attainment ........ .......................... ..........................

Washington County (part) ............................................................... .......................... Attainment ........ .......................... ..........................

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.
Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations 46211

* * * * *

[FR Doc. 97–23227 Filed 8–29–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5884–9]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of partial deletion of the

Unit Structure Property from the

Koppers Company, Inc., superfund site,

Morrisville, Wake County, North

Carolina, from the national priorities

list.

SUMMARY: The Environmental Protection

Agency (EPA) Region 4 announces the

deletion of the Unit Structure Property

portion of the Koppers Company, Inc.

Superfund Site from the National

Priorities List (NPL), (Appendix B of 40

CFR part 300 which is the National Oil

and Hazardous Substances Pollution

Contingency Plan (NCP)). EPA and the

State of North Carolina Department of

Environment, Health and Natural

Resources have determined that the

Unit Structure Property poses no

significant threat to public health or the

environment and, therefore, under the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) remedial measures are

not appropriate. This deletion does not

preclude future action under Superfund.

EFFECTIVE DATE: September 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Please contact Beverly T. Hudson,

Remedial Project Manager, U.S.

Environmental Protection Agency,

Region 4, North Site Management

Branch, 61 Forsyth Street, S.W., Atlanta,

Georgia 30303–3014, (404) 562–8816 or

1–800–435–9233.

SUPPLEMENTARY INFORMATION: The Site

affected by this partial deletion from the

NPL is: Koppers Company, Inc.

Superfund Site, Wake County,

Morrisville, North Carolina.

A Notice of Intent to Delete for this

Site was published on June 23, 1997 at

62 FR 33787. The closing date for

comments on the Notice of Intent to

Delete was July 23, 1997. EPA received

no written comments, and only one by

telephone which supported the partial

deletion action.

EPA identifies sites that appear to

present a significant risk to the public

health, welfare and the environment

and it maintains the NPL as the list of

those sites. Any site or portion thereof

deleted from the NPL remains eligible

for Fund-financed remedial actions in

the future. Section 300.425(e)(3) of the

NCP states that Fund-financed actions

may be taken at sites deleted from the

NPL. Deletion of a site from the NPL

does not affect responsible party

liability or impede Agency efforts to

recover costs associated with response

efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

waste, Hazardous substances,

Intergovernmental relations, Penalties,

Reporting and record keeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: August 14, 1997.

A. Stanley Meiburg,

Deputy Regional Administrator, U.S. EPA,

Region 4.

For reasons set out in the preamble,

40 CFR Part 300 is amended as follows:

PART 300—[AMENDED]

The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR

1991 Comp., p 351; E.O. 12580, 52 FR 2923;

3 CFR, 1987 Comp., p. 193.

Appendix B—[Amended]

2. Table 1 of Appendix B to part 300

is amended by revising the entry for

Koppers Co., Inc. (Morrisville Plant),

Morrisville, North Carolina to read as

follows:

Appendix B to Part 300—National

Priorities List

TABLE 1.—GENERAL SUPERFUND SECTION

State Site name City/county Notes

* * * * * * *

NC ........ Koppers Co., Inc. (Morrisville Plant) .......................................................................................................... Morrisville ........... P

* * * * * * *

P = Sites with parial deletion(s).

[FR Doc. 97–23093 Filed 8–29–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[PR No. 89–552; FCC 97–225]

Use of the 220–222 MHz Band by the

Private Land Mobile Radio Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In this Fourth Report and

Order, the Commission repeals the ‘‘40-

mile rule’’ for all nationwide and nonnationwide Phase I 220 MHz Service

licensees. The 40-mile rule provides

that no Phase I 220 MHz licensee may

be authorized to operate a station in a

particular service category within 40

miles of an existing system authorized

to that licensee in the same category

unless ‘‘the licensee can demonstrate

that the additional system is justified on

the basis of its communications

requirements.’’ This action is needed

because the 40-mile rule no longer

serves its original purpose and repeal of

the rule is expected to promote

competition among all commercial

mobile radio service providers.

EFFECTIVE DATE: October 2, 1997.

FOR FURTHER INFORMATION CONTACT: Eli

Johnson, 202–418–1310.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Fourth Report and Order

in PR Docket No. 89–552, FCC 97–225,

adopted June 23, 1997, and released

August 25, 1997. The complete text of

the Fourth Report and Order is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, N.W., Washington, D.C., and also

may be purchased from the