[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Proposed Rules]
[Pages 24844-24848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10652]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2008-0155; FRL-9144-8 ]


Approval and Promulgation of State Implementation Plans: Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve State Implementation Plan 
(SIP) revisions submitted by the State of Oregon, Department of 
Environmental Quality (ODEQ). These revisions pertain to the Clean Air 
Act (CAA) section 110(a)(1) maintenance plans prepared by ODEQ to 
maintain the 8-hour national ambient air quality standard (NAAQS) for 
ozone in the Portland portion of the Portland/Vancouver Air Quality 
Maintenance Area (Pdx/Van AQMA) and the Salem-Keizer Area 
Transportation Study (SKATS) air quality area. The 110(a)(1) 
maintenance plans for this area meet CAA requirements and demonstrate 
that each of the above mentioned areas will be able to remain in 
attainment for the 1997 and 2008 8-hour ozone NAAQS through 2015. As 
SKATS appears to be significantly impacted by emissions from the 
Portland area, an approved plan for the Pdx/Van AQMA is one of the 
control strategies for SKATS air quality area. Therefore, EPA is 
proposing to approve the section 110(a)(1) plans for the Portland 
portion of the Pdx/Van AQMA and the SKATS area at the same time.
    Additionally, the EPA is proposing to approve SIP revisions 
submitted by ODEQ that phase out the State's Vehicle Inspection Program 
(VIP) enhanced BAR-31 test, and eliminate the Gas Cap Pressure Test and 
the Evaporative Purge Tests.

DATES: Written comments must be received on or before June 7, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-

[[Page 24845]]

OAR-2008-0155, by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Mail: Krishna Viswanathan, EPA, Office of Air, Waste, and Toxics 
(AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101.
    C. Hand Delivery: EPA, Region 10 Mailroom, 9th Floor, 1200 Sixth 
Avenue, Seattle, Washington 98101. Attention: Krishna Viswanathan, 
Office of Air Waste, and Toxics (AWT-107). 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. EPA-R10-OAR-
2008-0155. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at  http://www.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means the 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 the EPA 
without going through http://www.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, the 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 the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the 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.
    Docket: All documents in the electronic docket are listed in the  
http://www.regulations.govindex. Although listed in the index, some 
information is not publicly available, i.e., 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 either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, 
Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Krishna Viswanathan, (206) 553-2684, 
or by e-mail at  <a href="/cdn-cgi/l/email-protection#4a187b7a671a3f2826232915092527272f243e390a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="c89af9f8e598bdaaa4a1ab978ba7a5a5ada6bcbb88adb8a9e6afa7be">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. Information is organized 
as follows:

Table of Contents

I. Background
II. Summary of SIP Revisions
    A. The Pdx/Van AQMA, SKATS, and Section 110(a)(1) Maintenance 
Plans for the 1997 8-Hour Ozone NAAQS
    B. Phasing Out of the State's VIP Enhanced BAR-31 Test, the 
Elimination of the Gas Cap Pressure Test and the Evaporative Purge 
Test
III. Proposed Action
IV. Oregon Notice Provision
V. Statutory and Executive Order Reviews

I. Background

    Section 110(a)(1) of the CAA requires, in part, that states submit 
to EPA plans to maintain any NAAQS promulgated by EPA. EPA interprets 
this provision to require that states with areas that were maintenance 
areas for the 1-hour ozone NAAQS but attainment for the 8-hour ozone 
NAAQS must submit a plan to demonstrate the continued maintenance of 
the 8-hour ozone NAAQS. EPA established June 15, 2007, three years 
after the effective date of the initial 8-hour ozone designations, as 
the deadline for submission of plans for these areas.
    On May 20, 2005, EPA issued guidance for States in preparing 
maintenance plans under section 110(a)(1) of the CAA for areas that are 
required to do so under 40 CFR 51.905(c) and (d). At a minimum, the 
maintenance plan should include the five following components:
    1. An attainment inventory, which is based on actual typical summer 
day emissions of volatile organic compounds (VOCs) and oxides of 
nitrogen (NO<INF>X</INF>) for a 10-year period from a base year chosen 
by the State;
    2. A maintenance demonstration which shows how the area will remain 
in compliance with the 8-hour ozone standard for 10 years after the 
effective date of designations (June 15, 2004);
    3. A commitment to continue to operate air quality monitors;
    4. A contingency plan that will ensure that a violation of the 8-
hour ozone NAAQS is promptly addressed; and
    5. An explanation of how the State will track the progress of the 
maintenance plan.
    On May 22, 2007, EPA received a request from the ODEQ to approve a 
SIP revision pertaining to the maintenance plan for the Portland 
portion of the Pdx/Van AQMA and SKATS, under section 110 of the CAA. 
This plan was developed by the ODEQ, in collaboration with the 
Southwest Clean Air Agency in Vancouver, Washington, and the Washington 
State Department of Ecology (Ecology).
    In 1979, SKATS was defined by EPA as a ``rural area'' for ozone 
plan development that appeared to be significantly impacted by 
emissions from Portland, a major urban area located approximately 40 
miles north of Salem (44 FR 20375). Oregon submitted an attainment Plan 
for SKATS which was approved by EPA on April 12, 1982 (47 FR 15587). 
Based on EPA's rural ozone policy (45 FR 42265), one of the controls 
strategies for ozone in the SKATS area, is an approved plan for the 
Portland portion of the Pdx/Van AQMA; therefore the two plans are 
considered concurrently in this action.
    On January 17, 2007, EPA received a request from Ecology to approve 
under section 110 of the CAA a SIP revision pertaining to the 
maintenance plan for the Vancouver portion of the Pdx/Van AQMA. As both 
these submissions from the States of Washington and Oregon pertain to 
the Pdx/Van AQMA, EPA intends to act on these submissions concurrently. 
This action addresses only the Portland portion of the Pdx/Van AQMA and 
SKATS.
    The EPA has also prepared a Technical Support Document (TSD) with 
more detailed information about the SIP revisions ODEQ has asked us to 
approve. The TSD is available for review as part of the docket for this 
action.

II. Summary of SIP Revisions

A. The Pdx/Van AQMA, SKATS, and Section 110(a)(1) Maintenance Plans for 
the 1997 8-Hour Ozone NAAQS

    ODEQ's 8-hour ozone maintenance plan addresses the five components 
of the section 110(a)(1) 8-hour ozone maintenance plan as outlined in 
EPA's May 20, 2005 guidance. Oregon has submitted its 8-hour ozone 
maintenance plan for approval and also submitted rules that support the 
maintenance for

[[Page 24846]]

approval and incorporation into the federally enforceable SIP.
1. Attainment Inventory
    An emissions inventory is an itemized list of emission estimates 
for sources of air pollution in a given area for a specified time 
period. ODEQ provided a comprehensive and current emissions inventory 
for NO<INF>X</INF> and VOCs. ODEQ used 2002 as the base year from which 
it projected emissions. The maintenance plan includes an explanation of 
the methodology used to determine emissions from point, area, and 
mobile sources. The inventory is based on emissions from a ``typical 
summer day.'' The term ``typical summer day'' refers to a weekday 
during the months when ozone concentrations are typically the highest.
2. Maintenance Demonstration
    With regard to demonstrating continued maintenance of the 8-hour 
ozone standard, ODEQ projects that the total emissions from the 
Portland and Salem areas will decrease overall during the 10-year 
maintenance period. EPA has reviewed ODEQ's emissions projections and 
maintenance demonstration and finds it to be adequate. ODEQ projected 
emissions for 2015, which is more than 10 years from the effective date 
of initial designations, as suggested in the EPA guidance for section 
110(a)(1) maintenance plans. In 2002, the total emissions from the 
Portland portion of the Pdx/Van AQMA were 958,531 lbs/day for VOCs and 
377,794 lbs/day for NO<INF>X</INF>. The projected 2015 emissions are 
1,005,171 lbs/day for VOCs and 261,375 lbs/day for NO<INF>X</INF>. For 
the Portland area, this amounts to 2015 VOCs increasing by about 5% 
from 2002 actual emissions, and 2015 NO<INF>X</INF> emissions 
decreasing by about 30% from 2002 levels. The greatest reduction in VOC 
and NO<INF>X</INF> emissions is from on-road and non-road mobile 
sources.
    For SKATS, the 2002 total emissions were 439,610 lbs/day of VOCs 
and 106,967 lbs/day of NO<INF>X</INF>. The 2015 projections for this 
area are 405,062 lbs/day of VOCs and 52,103 lbs/day of NO<INF>X</INF>. 
For SKATS, this summarizes to 2015 VOCs decreasing by about 8% from 
2002 actual emissions, and 2015 NO<INF>X</INF> emissions decreasing by 
about 51% from the 2002 levels. As such, the plan demonstrates that 
emissions are projected to decrease overall in both the Portland 
portion of the Pdx/Van AQMA and SKATS.
    It is important to note that the formation of ozone is dependent on 
a number of variables which cannot be estimated solely through 
emissions growth and reduction calculations. A few of these variables 
include weather and the transport of ozone precursors from outside the 
maintenance area. In order to demonstrate continued maintenance of the 
standards, a State may utilize more sophisticated tools such as air 
quality modeling to support their analysis; Oregon used air quality 
modeling to assess the comprehensive impacts of growth through 2015 on 
ozone levels in both areas. Results of modeling conducted by ODEQ and 
submitted to EPA demonstrate that the highest predicted design value 
for this area is 0.072 parts per million, which is below the 1997 and 
the 2008 ozone NAAQS and is therefore in compliance with both the 8-
hour ozone NAAQS.

EPA's Evaluation of CAA 110(l) Considerations

    The maintenance demonstration discussed in the preceding section 
also meets section 110(l) requirements of the CAA which states ``Each 
revision to an implementation plan submitted by a State under this 
chapter shall be adopted by such State after reasonable notice and 
public hearing. The Administrator shall not approve a revision of a 
plan if the revision would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 7501 of this title), or any other applicable requirement of 
this chapter.'' ODEQ has submitted evidence to EPA that the State 
provided reasonable notice and public comments prior to State adoption 
and submission of this plan to the EPA.
    EPA concludes that this plan demonstrates maintenance of all 
applicable ozone NAAQS, namely the 2008 and 1997 8-hour standards. The 
Portland and SKATS areas are within the compliance levels for all 
criteria pollutants \1\, based on historical monitoring.
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    \1\ EPA's AirData Database--http://www.epa.gov/oar/data/reports.html.
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    Based on the VOC, NO<INF>X</INF>, and carbon monoxide (CO) 
emissions information submitted with this plan, EPA concludes that 
approval of the changes in this proposed plan will not cause an 
increase of direct or precursor emissions that will interfere with the 
Portland area's maintenance of any criteria pollutant NAAQS.
    SKATS is well within the compliance level for the remaining NAAQS 
\1\ based on actual monitoring and actions in this proposed SIP will 
not cause or contribute to higher levels of other criteria pollutants. 
Therefore, an approval of this plan revision will not interfere with 
any applicable requirement concerning attainment or maintenance of any 
NAAQS.
3. Ambient Air Quality Monitoring
    With regard to the ambient air monitoring component of the 
maintenance plan, ODEQ commits to continue operating air quality 
monitoring stations in accordance with 40 CFR part 58 throughout the 
maintenance period to verify maintenance of the 8-hour ozone standard, 
and will submit quality-assured ozone data to EPA through the Air 
Quality System.
4. Contingency Measures
    EPA interprets section 110(a)(1) of the CAA to require that the 
State develop a contingency plan that will ensure that any violation of 
a NAAQS is promptly corrected. The purposes of contingency measures, as 
outlined in ODEQ's maintenance plan, is to accordingly select and adopt 
one or more measures outlined in the maintenance plan so as to assure 
continued attainment in the event that a violation of the 1997 8-hour 
ozone NAAQS is measured. Violation of the 1997 8-hour ozone standard 
would trigger one or more of the control measures as outlined in the 
plan.
5. Verification of Continued Attainment
    ODEQ will continue to monitor ambient air quality ozone levels in 
the Portland portion of the Pdx/Van AQMA and SKATS as described in the 
Contingency Plan. ODEQ will update countywide emissions inventories 
every three years as required by the Consolidated Emissions and 
Reporting Rule (CERR) to update the National Emissions Inventory. If 
ambient ozone levels increase, ODEQ will compare CERR updates with the 
2002 and 2015 emissions inventories and evaluate the assumptions used 
in the 2015 emissions projections to determine whether emissions are 
increasing at a rate not anticipated in the maintenance plan.

EPA's Evaluation of Supporting Rules

    ODEQ submitted several rules that would create controls programs to 
support the emissions reductions and the maintenance demonstration. 
ODEQ submitted the following modified sections of the Oregon 
Administrative Rules (OAR) to EPA for approval and incorporation into 
the Oregon SIP. These sections include: General Air Pollution 
Procedures and Definition: OAR 340-200; Ambient Air Quality Standards 
and PSD Increments: OAR 340-202; Designation of Air Quality Areas: OAR 
340-204; Major New Source Review: OAR 340-224; Air Quality Analysis 
Requirements: OAR 340-225;

[[Page 24847]]

Emission Standards for VOC Point Sources: OAR 340-232; Rules Applicable 
to the Portland Area: OAR 340-242; Employee Commute Options Program 
(OAR 340-242-0010 through 0290); and Industrial Emission Management 
Program (OAR 340-242-0400 through 0440). After a review of the 
submissions, EPA is proposing to approve these changes to Oregon's 
rules and incorporate them into the federally approved SIP for Oregon.

1-Hour Ozone NAAQS Requirements That No Longer Apply in This Area

    Approval of two amendments to ODEQ's existing 1-hour maintenance 
plan has also been requested by the State of Oregon pursuant to 40 CFR 
51.905(e)(1). ODEQ has submitted a maintenance SIP for the 8-hour ozone 
NAAQS for these areas that meets the requirements of sections 110 and 
193 of the CAA. Therefore, EPA is concurrently proposing to approve 
these two amendments to the existing 1-hour ozone maintenance plan:
    (1) Removal of the obligation to submit a maintenance plan for the 
1-hour NAAQS eight years after approval of the initial 1-hour 
maintenance plan; and
    (2) Removal of the State's obligation to implement contingency 
measures upon a violation of the 1-hour NAAQS.

Oregon's SIP submittal meets the CAA requirements for SIP submittals 
with respect to these two changes.

B. Phasing Out of the State's VIP Enhanced BAR-31 Test, the Elimination 
of the Gas Cap Pressure Test and the Evaporative Purge Test

    On August 9, 2005, ODEQ submitted revisions to the Oregon State 
Implementation Plan: Volume 2--section 5.4.7--Test Procedures and 
Standards, pertaining to phasing out of the State's VIP enhanced BAR-31 
test, the elimination of the Gas Cap Pressure Test and the Evaporative 
Purge Test.
    The submitted revisions are supported by a demonstration that these 
changes will not affect the ability of the State of Oregon to meet all 
applicable NAAQS, especially CO and ozone. For CO, this requirement was 
addressed when the Portland CO Second 10-Year Maintenance Plan 
demonstrated continued maintenance of attainment of the CO standard 
through the year 2017, without the enhanced test. The CO maintenance 
plan was approved by the EPA on January 24, 2006 (71 FR 3768). For 
ozone, the submittal refers to the subsequently submitted section 
110(a)(1) maintenance plans for the Portland portion of the Pdx/Van 
AQMA and SKATS. Section 110(a)(1) maintenance plans for these areas 
demonstrate how the State of Oregon will maintain compliance with the 
1997 8-hour ozone NAAQS. The 110(a)(1) maintenance plans for both these 
areas meet the CAA requirements and demonstrate that the Portland 
portion of the Pdx/Van AQMA and the SKATS Air Quality Area will be able 
to remain in attainment for 1997 ozone NAAQS through 2015. The 
applicable NAAQS for ozone is the 2008 8-hour standard and the 
110(a)(1) maintenance plan includes technical information that shows 
the 2008 8-hour ozone NAAQS will also not be violated with all the 
revisions and changes proposed.

III. Proposed Action

    EPA is proposing to approve the section 110(a)(1) maintenance plan 
and supporting rules for Portland and Salem, OR submitted on May 22, 
2007 and described in this action and the TSD, as revisions to the 
Oregon SIP. EPA is proposing to approve the maintenance plan and 
supporting rules for the Portland portion of the Pdx/Van AQMA and the 
SKATS Air Quality Area because they meet the requirements of section 
110(a)(1) and section 110(l) of the CAA.
    Further, based on our review, we are proposing recommending a full 
approval of the revisions to the Oregon State Implementation Plan: 
Volume 2--section 5.4.7--Test Procedures and Standards and supporting 
rules.
    EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

IV. Oregon Notice Provision

    Oregon Revised Statute 468.126 prohibits ODEQ from imposing a 
penalty for violation of an air, water or solid waste permit unless the 
source has been provided five days' advanced written notice of the 
violation and has not come into compliance or submitted a compliance 
schedule within that five-day period. By its terms, the statute does 
not apply to Oregon's Title V program or to any program if application 
of the notice provision would disqualify the program from federal 
delegation. Oregon has previously confirmed that, because application 
of the notice provision would preclude EPA approval of the Oregon SIP, 
no advance notice is required for violation of SIP requirements.

V. 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 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 proposed 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 proposed action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,

[[Page 24848]]

Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: March 3, 2010.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2010-10652 Filed 5-5-10; 8:45 am]
BILLING CODE 6560-50-P


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