41256 Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 

1The EPA approved phasing out the enhanced 

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

This final regulatory action will not 

have a significant economic impact on 

a small entity once it receives a grant 

because it will be able to meet the costs 

of compliance using the funds provided 

under this program. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Katherine Neas, 

Deputy Assistant Secretary, delegated the 

authority to perform the functions and duties 

of the Assistant Secretary for the Office of 

Special Education and Rehabilitative 

Services. 

[FR Doc. 2022–14852 Filed 7–8–22; 4:15 pm] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0393; FRL–9756–02– 

R10] 

Air Plan Approval; OR; Vehicle 

Inspection Program and MedfordAshland PM10 Maintenance Plan 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving 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 SIP-approved vehicle 

inspection program for the Portland and 

Medford areas. The EPA is approving 

the SIP submittal as consistent with 

Clean Air Act (Act or CAA) 

requirements. Additionally, the EPA is 

making a technical correction to the 

Medford-Ashland particulate matter 

(PM10) maintenance plan that 

incorrectly identified a street-sweeping 

commitment as a transportation control 

measure (TCM). 

DATES: This action is effective on 

August 11, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2021–0393. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Claudia Vaupel, (206) 553–6121, 

vaupel.claudia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

intended to refer to the EPA. 

I. Background 

On May 11, 2022, EPA proposed to 

approve Oregon’s SIP revision for the 

vehicle inspection program (VIP) in the 

Portland and Medford areas (87 FR 

28783). 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 EPA 

also proposed to correct the 

nomenclature used to describe the street 

sweeping commitment in the MedfordAshland SIP as a TCM. EPA clarified 

that the street sweeping commitment is 

not a TCM, within the meaning of 40 

CFR 93.101, and further clarified that 

Oregon is not obliged to treat the street 

sweeping commitment in its SIP as a 

TCM. An explanation of the CAA 

requirements, a detailed analysis of the 

submittal, and the EPA’s reasons for 

approval were provided in the notice of 

proposed rulemaking. The public 

comment period for this proposed 

rulemaking closed on June 10, 2022. 

The EPA received no comments during 

the public comment period. 

II. Final Action 

The EPA is approving the SIP revision 

submitted by Oregon on December 9, 

2020 and December 22, 2021. We are 

approving the following rule 

amendments (state effective November 

19, 2020): OAR 340–256–0010, –0100, 

–0130, –0200, –0300, –0310, –0330, 

–0340, –0355, –0356, –0370, –0380, 

–0390, –0400, –0420, –0440, –0450, 

–0465, –0470, –0350 (repeal), –0410 

(repeal), –0460 (repeal). The EPA is also 

correcting the nomenclature in the 

Medford-Ashland PM10 maintenance 

plan used to describe the street 

sweeping control measure as a TCM. 

III. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of certain 

provisions and removing certain 

provisions from incorporation by 

reference, as described in sections I and 

II of this preamble. The EPA has made, 

and will continue to make, these 

materials generally available through 

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). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 


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Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 41257 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference in the next 

update to the SIP compilation. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air Act and 

applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, the EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action merely approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this action: 

• 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 Clean Air Act; 

and 

• Does not provide the 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. 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 September 12, 

2022. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: June 30, 2022. 

Casey Sixkiller, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart MM—Oregon 

■ 2. In § 52.1970, amend Table 2 in 

paragraph (c) by revising the entries for 

‘‘256–0010’’, ‘‘256–0130’’, and ‘‘256– 

200’’ and under the heading ‘‘Emission 

Control System Inspection’’ entries 

‘‘256–0300’’ through ‘‘256–0470’’ to 

read as follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1

State citation Title/subject 

State 

effective 

date 

EPA approval 

date Explanations 

CHAPTER 340—DEPARTMENT OF ENVIRONMENTAL QUALITY 

*******

Division 

256— 

Motor Vehicles 

256–0010 ....... Definitions ....................................................... 11/19/2020 7/12/2022, [Insert Federal Register citation].

Visible Emissions 

*******

256–0130 ....... Motor Vehicle Fleet Operation ....................... 11/19/2020 7/12/2022, [Insert Federal Register citation].


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41258 Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 

TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval 

date Explanations 

Certification of Pollution Control Systems 

256–0200 ....... County Designations ...................................... 11/19/2020 7/12/2022, [Insert Federal Register citation].

Emission Control System Inspection 

256–0300 ....... Scope ............................................................. 11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0310 ....... Government-Owned Vehicle, Permanent 

Fleet Vehicle and United States Government Vehicle Testing Requirements.

11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0330 ....... Department of Defense Personnel Participating in the Privately Owned Vehicle Import Control Program.11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0340 ....... Light Duty Motor Vehicle and Heavy Duty 

Gasoline Motor Vehicle Emission Control 

Test Method for Basic Program.

11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0355 ....... Emissions Control Test Method for OBD Test 

Program.

11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0356 ....... Emissions Control Test Method for On-Site 

Vehicle Testing for Automobile Dealerships.

11/19/2020 7/12/2022, [Insert Federal Register citation]. 

256–0370 ....... Renewal of Registration for Light Duty Motor 

Vehicles and Heavy Duty Gasoline Motor 

Vehicles Temporarily Operating Outside of 

Oregon.

11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0380 ....... Light Duty Motor Vehicle Emission Control 

Test Criteria for Basic Program.

11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0390 ....... Heavy Duty Gasoline Motor Vehicle Emission 

Control Test Criteria.

11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0400 ....... Light Duty Motor Vehicle Emission Control 

Standards for Basic Program.

11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0420 ....... Heavy-Duty Gasoline Motor Vehicle Emission 

Control Standards.

11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0440 ....... Criteria for Qualifications of Persons Eligible 

to Inspect Motor Vehicles and Motor Vehicle Pollution Control Systems and Execute 

Certificates.

11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0450 ....... Gas Analytical System Licensing Criteria for 

Basic Program.

11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0465 ....... Test Equipment Licensing Criteria for OBD 

Test Program.

11/19/2020 7/12/2022, [Insert Federal Register citation].

256–0470 ....... Agreement With Independent Contractor; 

Qualifications of Contractor; Agreement 

Provisions.

11/19/2020 7/12/2022, [Insert Federal Register citation].

*******

1The EPA approves the requirements in Table 2 of this paragraph (c) only to the extent they apply to (1) pollutants for which NAAQS have 

been established (criteria pollutants) and precursors to those criteria pollutants as determined by the EPA for the applicable geographic area; 

and (2) any additional pollutants that are required to be regulated under Part C of Title I of the CAA, but only for the purposes of meeting or 

avoiding the requirements of Part C of Title I of the CAA. 

* * * * * 

[FR Doc. 2022–14390 Filed 7–11–22; 8:45 am] 

BILLING CODE 6560–50–P 


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