10500 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Proposed Rules

procedure by submitting written

comments to the EPA Regional Office

listed in the ADDRESSES section of this

notice.

This revision is being proposed under

a procedure called parallel processing,

whereby EPA proposes rule-making

action concurrently with the State’s

procedures for amending its regulations.

If the proposed revision is substantially

changed in areas other than those

identified in this notice, EPA will

evaluate those changes and may publish

another notice of proposed rule-making.

If no substantial changes are made other

than those areas cited in this notice,

ODEQ will publish a Final Rule-making

Notice on the revisions. The final rulemaking action by EPA will occur only

after the SIP revision has been adopted

by ODEQ and submitted formally to

EPA for incorporation into the SIP.

Proposed Action

EPA is proposing to approve the

revisions to the State of Oregon

Implementation Plan submitted on

February 3, 1997, that establish RACT

requirements for PCC Structurals, Inc.

EPA is proposing this rule-making

action concurrently with the State’s

procedures for amending its regulations.

EPA will take final action on this

proposal after ODEQ submits its RACT

determination to EPA for approval.

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.

III. 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,

EPA 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

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

operating permits programs submitted

to satisfy the requirements of 40 CFR

Part 70. Because this action does not

impose any new requirements, it does

not have a significant impact on a

substantial number of small entities.

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

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).

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 on by the rule.

EPA has determined that the approval

action proposed 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.

The Administrator’s decision to

approve the SIP revision will be based

on whether it meets the requirements of

section 110(a)(2) (A)–(K) and part D of

the Clean Air Act, as amended, and EPA

regulations in 40 CFR Part 51.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Ozone, Reporting and

recordkeeping requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 27, 1997.

Charles E. Findley,

Acting Regional Administrator.

[FR Doc. 97–5873 Filed 3–6–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[OR64–7279b, OR36–1–6298b, OR46–1–

6802b; FRL–5696–9]

Approval and Promulgation of State

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes: Oregon

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

numerous amendments to the Oregon

Department of Environmental Quality’s

(ODEQ’s) rules for stationary sources,

including new source review and

prevention of significant deterioration

rules, as revisions to the Oregon State

Implementation Plan (SIP). These

revisions were submitted by the Director

of the ODEQ on May 20, 1988, January

20, 1989, September 14, 1989, October

13, 1989, November 15, 1991, August

26, 1992, November 16, 1992, May 28,

1993, November 15, 1993, December 14,

1993, November 14, 1994, June 1, 1995,

September 27, 1995, October 8, 1996,

and January 22, 1997, in accordance

with the requirements of section 110,

Part C and Part D, of the Clean Air Act.

EPA is also proposing to remove the

listings for total suspended particulates

nonattainment areas in 40 CFR Part 81.

In the Final Rules Section of this

Federal Register, the EPA is approving

the State’s SIP revisions and removing

the total suspended particulate

nonattainment area listings as a direct

final rule without prior proposal

because the Agency views these as

noncontroversial revisions and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Proposed Rules 10501

response to this proposed rule, no

further activity is contemplated in

relation to this rule. 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 this

proposed rule. The EPA will not

institute a second comment period on

this action.

DATES: Comments on this proposed rule

must be received in writing by April 7,

1997.

ADDRESSES: Written comments should

be addressed to Montel Livingston,

Environmental Protection Specialist,

U.S. Environmental Protection Agency,

Office of Air Quality (OAQ–107), 1200

Sixth Avenue, Seattle, Washington

98101

Copies of the documents relevant to

this proposed rule are available for

public inspection during normal

business hours at the following

locations: EPA, Region 10, Office of Air

Quality, 1200 Sixth Avenue, Seattle,

Washington 98101, and Oregon

Department of Environmental Quality,

811 S.W. Sixth Avenue, Portland,

Oregon 97204. Interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day.

FOR FURTHER INFORMATION CONTACT:

David C. Bray, Office of Air Quality

(OAQ–107), EPA, Region 10, Seattle,

Washington 98101, (206) 553–4253.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action which is located in the Rules

Section of this Federal Register.

Dated: February 19, 1997.

Jane S. Moore,

Acting Regional Administrator.

[FR Doc. 97–5641 Filed 3–6–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[WA63–7138; WA58–7133; OR57–7272;

FRL–5700–2]

Approval and Promulgation of

Implementation Plans and

Redesignation of Areas for Air Quality

Planning Purposes; States of

Washington and Oregon

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) invites public comment

on its proposed approval of revisions to

the Washington and Oregon State

Implementation Plans (SIPs), and EPA’s

proposed redesignation to attainment of

the Portland/Vancouver (Pdx/Van)

interstate ozone (O3) nonattainment

area. Under the Clean Air Act (CAA) as

amended in 1990, designations can be

revised if sufficient data are available to

warrant such revisions. EPA is

proposing to approve 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 SIPs. In this action, EPA is

also proposing to approve 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 revisions to

both SIPs.

DATES: Comments must be postmarked

on or before April 7, 1997.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, EPA, Office of Air Quality

(OAQ–107), 1200 Sixth Avenue, Seattle,

Washington 98101.

Copies of the States’ requests and

other information supporting this

proposed 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 State Department of

Ecology, P.O. Box 47600, Olympia, WA

98504–7600, and Oregon State

Department of Environmental Quality,

811 SW Sixth Avenue, Portland, OR

97204–1390.

FOR FURTHER INFORMATION CONTACT: Sue

Ennes, Office of Air Quality (OAQ–107),

EPA, Seattle, Washington, (206) 553–

6249.

SUPPLEMENTARY INFORMATION

EPA’s discussion of the proposed

approval is in the following order:

I. Background

II. Evaluation Criteria

III. Review of State Submittal

A. Attainment of the O3 National Ambient

Air Quality Standards (NAAQS)

B. The Area Has Met All Applicable

Requirements Under Section 110 and

Part D of the CAA

1. New Source Review (NSR)

2. Conformity

3. Emissions Inventory

4. Reasonably Available Control

Technologies (RACT) Requirements

5. Emission Statement

6. Vehicle Inspection and Maintenance

(I/M) Program

C. Section 107 (d)(3)(E)(iii), Permanent and

Enforceable Emission Reductions

D. Section 107 (d)(3)(E)(iv), Fully

Approved Maintenance Plan

1. Attainment Emission Inventory

2. Maintenance Demonstration

3. Verification of Continued Attainment

4. Contingency Plan

5. Subsequent Maintenance Plan Revisions

IV. Supporting Rules

A. NSR Changes For Maintenance Plan

1. SWAPCA 400 ‘‘General Regulations for

Air Pollution Sources’’

2. OAR Chapter 340 Division 28

‘‘Stationary Source Air Pollution Control

and Permitting Procedures’’

B. SWAPCA 490 ‘‘Emission Standards and

Controls for Sources Emitting Volatile

Organic Compounds’’

C. SWAPCA 491 ‘‘Emission Standards and

Controls for Sources Emitting Gasoline

Vapors

D. SWAPCA 493 ‘‘VOC Area Source Rules’’

E. Inspection and Maintenance (I/M)

1. Oregon I/M Submittal

12. Washington I/M Submittal

F. Oregon Miscellaneous O3 Supporting

Rules

1. Background

2. Discussion

V. Proposed Action

VI. Interim Implementation Policy (IIP)

Impact

VII. Administrative Review

A. Executive Order 12866

B. Regulatory Flexibility Act

C. Unfunded Mandates

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 1990

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