Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Proposed Rules 28783 

1EPA approved phasing out the enhanced test on 

December 19, 2011. (See 76 FR 78571). 

several other rulemakings affecting 

AHRI members (AHRI, EERE–2022–BT– 

STD–0014, No. 5 at p. 1). 

DOE has reviewed the requests and is 

extending the comment period to allow 

additional time for interested parties to 

submit comments. In light of the 

submitted requests, DOE believes that 

additional time is warranted, and is 

extending the comment period for 30 

additional days, as requested. Therefore, 

comments on this RFI will be accepted 

until June 20, 2022. 

Signing Authority 

This document of the Department of 

Energy was signed on May 5, 2022, by 

Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on May 6, 2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–10085 Filed 5–10–22; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0393; FRL–9756–01– 

R10] 

Air Plan Approval; OR; Vehicle 

Inspection Program and MedfordAshland PM10 Maintenance Plan 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Oregon state 

implementation plan (SIP) submitted by 

the State of Oregon (Oregon) on 

December 9, 2020 and December 22, 

2021. The revisions update the SIPapproved vehicle inspection program 

for the Portland and Medford areas. The 

EPA is proposing to approve the SIP 

submittal as consistent with Clean Air 

Act (Act or CAA) requirements. 

Additionally, EPA is proposing to make 

a technical correction to the MedfordAshland particulate matter (PM10) 

maintenance plan that incorrectly 

identified a street-sweeping 

commitment as a transportation control 

measure (TCM). 

DATES: Comments must be received on 

or before June 10, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2021–0393, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from https://

www.regulations.gov. EPA may publish 

any comment received to its public 

docket. Do not electronically submit any 

information you consider to be 

Confidential Business Information (CBI) 

or other information the disclosure of 

which is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Claudia Vaupel, (206) 553–6121, 

vauepl.claudia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to EPA. 

I. Background for This Action 

Section 110 of the CAA requires states 

to develop and submit to the EPA SIPs 

to ensure that state air quality meets 

National Ambient Air Quality Standards 

(NAAQS). Each federally approved SIP 

protects air quality primarily by 

addressing air pollution at its point of 

origin through air pollution regulations 

and control strategies. The EPAapproved SIP provisions and control 

strategies are federally enforceable. 

States revise the SIP as needed and 

submit revisions to the EPA for review 

and approval. 

II. The State’s Submittal 

On December 9, 2020 and December 

22, 2021, Oregon submitted a SIP 

revision for the vehicle inspection 

program (VIP) in the Portland and 

Medford areas. Table 1 of this document 

lists the rule revisions included in the 

scope of the state’s submissions. The 

SIP revision updates the rules to 

improve clarity, add requirements for 

the onboard diagnostics system, and 

remove references to the enhanced 

dynamometer test that is no longer 

required as of January 1, 2007.1

TABLE 1—RULE REVISIONS INCLUDED IN OREGON’S VIP SIP SUBMISSION

[Effective November 19, 2020] 

Rule No. OAR 340– Rule title 

256–0010 ....................... Definitions. 

256–0130 ....................... Visible Emissions: Motor Vehicle Fleet Operation. 

256–0200 ....................... Certification of Pollution Control Systems: County Designations. 

256–0300 ....................... Emission Control System Inspection: Scope. 

256–0310 ....................... Emission Control System Inspection: Government-Owned Vehicle, Permanent Fleet Vehicle and United States Government Vehicle Testing Requirements. 


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28784 Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Proposed Rules 

2 In a December 22, 2021 letter to EPA 

(supplemental submission), Oregon requested that 

OAR 340–256–0100 be deleted from the scope of 

the December 9, 2020 submission. DEQ intends to 

re-submit that provision in a future SIP submission. 

TABLE 1—RULE REVISIONS INCLUDED IN OREGON’S VIP SIP SUBMISSION—Continued 

[Effective November 19, 2020] 

Rule No. OAR 340– Rule title 

256–0330 ....................... Emission Control System Inspection: Department of Defense Personnel Participating in the Privately Owned Vehicle 

Import Control Program. 

256–0340 ....................... Emission Control System Inspection: Light Duty Motor Vehicle and Heavy Duty Gasoline Motor Vehicle Emission 

Control Test Method for Basic Program. 

256–0350 (repeal) .......... Emission Control System Inspection: Light Duty Motor Vehicle Emission Control Test Method for Enhanced Program. 

256–0355 ....................... Emission Control System Inspection: Emissions Control Test Method for OBD Test Program. 

256–0356 ....................... Emission Control System Inspection: Emissions Control Test Method for On-Site Vehicle Testing for Automobile 

Dealerships. 

256–0370 ....................... Emission Control System Inspection: Renewal of Registration for Light Duty Motor Vehicles and Heavy Duty Gasoline 

Motor Vehicles Temporarily Operating Outside of Oregon. 

256–0380 ....................... Emission Control System Inspection: Light Duty Motor Vehicle Emission Control Test Criteria for Basic Program. 

256–0390 ....................... Emission Control System Inspection: Heavy Duty Gasoline Motor Vehicle Emission Control Test Criteria. 

256–0400 ....................... Emission Control System Inspection: Light Duty Motor Vehicle Emission Control Standards for Basic Program. 

256–0410 (repeal) .......... Emission Control System Inspection: Light Duty Motor Vehicle Emission Control Standards for Enhanced Program. 

256–0420 ....................... Emission Control System Inspection: Heavy-Duty Gasoline Motor Vehicle Emission Control Standards. 

256–0440 ....................... Emission Control System Inspection: Criteria for Qualifications of Persons Eligible to Inspect Motor Vehicles and 

Motor Vehicle Pollution Control Systems and Execute Certificates. 

256–0450 ....................... Emission Control System Inspection: Gas Analytical System Licensing Criteria for Basic Program. 

256–0460 (repeal) .......... Emission Control System Inspection: Gas Analytical System Licensing Criteria for Enhanced Program. 

256–0465 ....................... Emission Control System Inspection: Test Equipment Licensing Criteria for OBD Test Program. 

256–0470 ....................... Emission Control System Inspection: Agreement With Independent Contractor; Qualifications of Contractor; Agreement Provisions. 

III. EPA’s Evaluation 

VIP Rule Revisions 

Oregon’s submission amends 

language in the VIP definitions (OAR 

340–256–0010) to improve clarity, 

including removing definitions that are 

no longer needed (crankcase emissions, 

electric vehicle, enhanced test, GPM, 

Medford-Ashland Air Quality 

Maintenance Area (AQMA), motorcycle, 

noise level, oxides of nitrogen, Portland 

Vehicle Inspection Area, propulsion 

exhaust noise, two-stroke cycle engine) 

and adding new definitions (emissions 

franchised, HC, imported vehicle, 

permanent fleet vehicle, vehicle 

identification number). The submission 

also provides clarifying language in the 

provision for visible emissions of motor 

vehicle fleet operation (OAR 340–256– 

0130), the certification of pollution 

control systems (OAR 340–256–0200), 

and several provisions for the emission 

control system inspection (OAR 340– 

256–0300, –0310, –0330, –0356, –0370, 

–0380, –0390, –0450, –0465, –0470).2

In addition to improving clarity in the 

emission control system inspection 

scope (OAR 340–256–0300), the 

submission removes references to the 

enhanced dynamometer test and adds 

requirements for the onboard 

diagnostics system (OAR 340–256–0340, 

–0355, –0400, –0420, –0440). EPA 

approved phasing out Oregon’s 

enhanced dynamometer test on 

December 19, 2011 (76 FR 78571). The 

action proposed will update the 

regulations in the federally approved 

SIP to be consistent with EPA’s 2011 

approval of the phase out of specified 

VIP requirements. 

Oregon’s submission also repealed 

three emission control system 

inspection provisions that were 

approved into the SIP (OAR–340–256– 

0350, –0410, –0460). These provisions 

provided requirements for the enhanced 

test program that was no longer required 

as of January 1, 2007. 

Medford-Ashland Technical Correction 

EPA is proposing to make a technical 

correction concerning the naming 

convention of a Jackson County street 

sweeping commitment for the Oregon, 

Medford-Ashland maintenance area. 

The street sweeping commitment was 

included in the Medford-Ashland 

Particulate Matter (PM10) Maintenance 

Plan (Medford-Ashland SIP) adopted by 

the Oregon Environmental Quality 

Commission on December 10, 2004 and 

submitted to EPA on March 10, 2005. 

Oregon incorrectly identified the street 

sweeping commitment in the MedfordAshland SIP as a ‘‘Transportation 

Control Measure’’ (TCM) and on June 

19, 2006, EPA took a direct final action 

to approve the Medford-Ashland SIP 

including the street sweeping 

commitment as a TCM (71 FR 35163). 

EPA erred in describing the street 

sweeping commitment as a TCM. 

A TCM is defined at 40 CFR 93.101 

as ‘‘any measure that is specifically 

identified and committed to in the 

applicable implementation plan . . . 

that is either one of the types listed in 

CAA section 108, or any other measure 

for the purpose of reducing emissions or 

concentrations of air pollutants from 

transportation sources by reducing 

vehicle use or changing traffic flow or 

congestion conditions.’’ Although the 

street sweeping commitment was 

included in the Medford-Ashland SIP, it 

clearly does not meet the regulatory 

definition of a TCM because road 

cleaning measures do not reduce vehicle 

use or change traffic flow or congestion 

conditions nor is it one of the types of 

TCMs listed in CAA section 108. 

Because the street sweeping 

commitment was erroneously identified 

as a TCM, the EPA proposes to correct 

the nomenclature used to describe the 

measure and clarify that the street 

sweeping commitment in the MedfordAshland SIP is not a TCM, within the 

meaning of 40 CFR 93.101, upon final 

action on this proposal. The EPA notes 

that the Medford-Ashland SIP was never 

required to include TCMs because 

former PM10 non-attainment areas are 

not required to include TCMs. This 

action, thus, clarifies that Oregon is not 

obliged to treat the street sweeping 

commitment in its SIP as a TCM. 

IV. Proposed Action 

EPA is proposing to approve the SIP 

revision submitted by Oregon on 

December 9, 2020 and December 22, 

2021. EPA is also proposing to correct 

the nomenclature in the MedfordAshland PM10 maintenance plan used to 


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Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Proposed Rules 28785 

describe the street sweeping control 

measure as a TCM. 

V. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final rule, regulatory text 

that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the provisions described in Section III of 

this preamble. Also, in this document, 

the EPA is proposing to remove, in a 

final EPA rule, regulatory text that 

includes incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is proposing to remove the 

incorporation by reference of OAR–340– 

256–0350, –0410, –0460 as described in 

Section III of this preamble. EPA has 

made, and will continue to make, these 

documents generally available through 

https://www.regulations.gov and at the 

EPA Region 10 Office (please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the EPA 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the CAA and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those already imposed by state 

law. For that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: May 4, 2022. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2022–10037 Filed 5–10–22; 8:45 am] 

BILLING CODE 6560–50–P 


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