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Approval and Promulgation of Implementation Plans: Oregon
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 16, 1996 (Volume 61, Number 96)] [Rules and Regulations] [Page 24709-24712] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [OR47-11-7052a; FRL-5504-8] Approval and Promulgation of Implementation Plans: Oregon AGENCY: Environmental Protection Agency. ACTION: Direct final rule.
SUMMARY: Environmental Protection Agency (EPA) approves Oregon's Transportation conformity rules received on April 17, 1995, from the Oregon Department of Environmental Quality (ODEQ). The Clean Air Act (CAA or Act) requires the states to promulgate conformity rules to ensure that Federal actions conform to the appropriate State Implementation Plan (SIP). Conformity to a SIP is defined in the CAA, as amended in 1990, as meaning conformity to a SIP's purpose of eliminating or reducing the severity and number of violations of the national ambient air quality standards (NAAQS) and achieving expeditious attainment of such standards. The Federal agency responsible for the action is required to determine if its actions conform to the applicable SIP. DATES: This action is effective on July 15, 1996 unless adverse or critical comments are received by June 17, 1996. If the effective date is delayed, [[Page 24710]] timely notice will be published in the Federal Register. ADDRESSES: Written comments should be addressed to: Montel Livingston, SIP Manager, EPA Region 10, Office of Air Quality (OAQ-107), OR47-11- 7052, 1200 Sixth Avenue, Seattle, WA 98101. Documents which are incorporated by reference are available for public inspection at the Air and Radiation Docket and Information Center, Environmental Protection Agency, 401 M Street, SW, Washington, D.C. 20460. Copies of material submitted to EPA may be examined during normal business hours at the following locations: EPA Region 10, Office of Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, WA 98101, and the Oregon Department of Environmental Quality, 811 S.W. 6th Avenue, Portland, OR 97204. FOR FURTHER INFORMATION CONTACT: Wayne Elson, EPA Region 10, Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, WA 98101, (206) 553- 1463. SUPPLEMENTARY INFORMATION: I. Background The CAA section 176(c), as amended (42 U.S.C. 7401 et seq.), requires states to submit to EPA revisions to their implementation plans establishing transportation and general conformity criteria and procedures. EPA regulation requires the states to submit SIP revisions by November 25, 1994, and November 30, 1994. These conformity rules are to ensure that all Federal actions conform to the appropriate SIP developed pursuant to section 110 and part D of the CAA. Conformity to a SIP is defined in the CAA, as amended in 1990, as meaning conformity to a SIP's purpose of eliminating or reducing the severity and number of violations of the national ambient air quality standards (NAAQS) and achieving expeditious attainment of such standards, and that such activities will not:
- Cause or contribute to any new violation of any standard in any area,
- Increase the frequency or severity of any existing violation of any standard in any area, or
- Delay timely attainment of any standard or any required interim emission reductions or other milestones in any area. The CAA ties conformity to attainment and maintenance of the NAAQS. Thus, Federal actions must not adversely affect the timely attainment and maintenance of the NAAQS or emission reduction progress plans leading to attainment. The Federal agency responsible for the action is required to determine if its actions conform to the applicable SIP. The Oregon transportation conformity rule establishes the criteria and procedures governing the determination of conformity for all Federal actions in nonattainment or maintenance areas in the State of Oregon for Federal highway and transit actions. Therefore, the criteria and procedures established in this rule apply only in areas that are nonattainment or maintenance with respect to any of the criteria pollutants under the CAA: carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO<INF>2), ozone (O<INF>3), particulate matter (PM<INF>10), and sulfur dioxide (SO<INF>2). The rule covers direct and indirect emissions of criteria pollutants or their precursors that are reasonably foreseeable and caused by a Federal action. The Oregon submittal contains transportation conformity regulations that are consistent with the CAA requirements. These regulations are at least as stringent as the Federal regulations and in some cases are more stringent. Oregon's regulations establish procedural requirements including interagency consultation procedures. They also require the responsible agency to make their conformity determinations available for public review. Notice of draft and final conformity determinations must be provided directly to air quality regulatory agencies and to the public by publication in a local newspaper. The conformity determination examines the impacts of the direct and indirect emissions from the Federal action. The regulations require the Federal action to also meet any applicable SIP requirements and emission milestones. Each Federal agency must determine that any actions covered by the rule conform to the applicable SIP before the action is taken. The Oregon rule includes interagency consultation procedures which will occur during the development of transportation plans, transportation improvement programs, and State Implementation Plans, and before findings of conformity.
The rule includes a provision that ``regionally significant'' transportation projects meet the criteria of the rule regardless of the funding source (OAR 340-20-720 (42) and OAR 340-20-760). The determination of ``regionally significant'' projects will be made through interagency consultation with affected parties. The rule includes reduced time frames for compliance with mobile source emissions budget once a maintenance SIP has been approved by the Oregon Environmental Quality Commission (EQC). The rule also includes reduced time frames for demonstrating timely implementation of transportation control measures (TCMs) once the EQC adopts a SIP revision which adds TCMs. The rule requires timely implementation of all TCMs identified as necessary to where attainment or maintenance of and air quality standard is jeopardized, regardless of their eligibility for Federal funding. II. This Action This Action approves Oregon Administrative Rule (OAR) Sections 340- 2-700 to 1080 as an amendment to the Oregon SIP. Specifically these rules are as follows: 340-20-700 Title.
340-20-710 Purpose.
340-20-720 Definitions.
340-20-730 Applicability.
340-20-740 Priority.
340-20-750 Frequency of conformity determinations. 340-20-760 Consultation.
340-20-770 Content of transportation plans. 340-20-780 Relationship of transportation plan and TIP conformity with the NEPA process.
340-20-790 Fiscal constraints for transportation plans. 340-20-800 Criteria and procedures for determining conformity of transportation plans.
340-20-810 Criteria and procedures: Latest planning assumptions. 340-20-820 Criteria and procedures: Latest emissions model. 340-20-830 Criteria and procedures: Consultation. 340-20-840 Criteria and procedures: Timely implementation of TCMs. 340-20-850 Criteria and procedures: Currently conforming transportation plan and TIP.
340-20-860 Criteria and procedures: Projects from a plan and TIP. 340-20-870 Criteria and procedures: Localized CO and PM-10 violations (hot spots).
340-20-880 Criteria and procedures: Compliance with PM-10 control measures.
340-20-890 Motor vehicle emissions budget (transportation plan). 340-20-900 Criteria and procedures: Motor vehicle emissions budget (TIP).
340-20-910 Criteria and procedures: Motor vehicle emissions budget (project not from a plan and TIP).
340-20-920 Criteria and procedures: Localized CO violations (hot spots) in the interim period.
340-20-930 Criteria and procedures: Interim period reductions in ozone and CO areas (transportation plan). [[Page 24711]] 340-20-940 Criteria and procedures: Interim period reductions in ozone and CO areas (TIP).
340-20-950 Criteria and procedures: Interim period reductions for ozone and CO areas (project not from a plan and TIP). 340-20-960 Criteria and procedures: Interim period reductions for PM- 10 and NO2 areas (transportation plan). 340-20-970 Criteria and procedures: Interim period reductions for PM- 10 and NO2 areas (TIP).
340-20-980 Criteria and procedures: Interim period reductions for PM- 10 and NO2 areas (project not from a plan and TIP). 340-20-990 Transition from the interim period to the control strategy period.
340-20-1000 Requirements for the adoption or approval of projects by recipients of funds designated under title 23 U.S.C. or the Federal Transit Act.
340-20-1010 Procedures for determining regional transportation-related emissions.
340-20-1020 Procedures for determining localized CO and PM-10 concentrations (hot-spot analysis).
340-20-1030 Using the motor vehicle emissions budget in the applicable implementation plan (or implementation plan submission). 340-20-1040 Enforceability of design concept and scope and projectlevel mitigation and control measures.
340-20-1050 Exempt projects.
340-20-1060 Projects exempt from regional emissions analyses. 340-20-1070 Special provisions for nonattainment areas which are not required to demonstrate reasonable further progress and attainment. 340-20-1080 Savings provisions. III. Administrative Review 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 CAA do not create any new requirements, but simply approve requirements that the state is already imposing. Therefore, because the Federal SIPapproval does not impose any new requirements, I certify 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 regulatory flexibility analysis would constitute federal inquiry into the economic reasonableness of state action. The CAA forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
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 of $100 million or more to State, local, or Tribal governments in the aggregate; or to the private sector. Under Section 205, EPA must select the most cost-effective 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 preexisting requirements under State or local law, and imposes no new Federal requirements. Accordingly, no additional costs to State, local, or Tribal governments, or to the private sector, result from this action.
The EPA has reviewed this request for revision of the federallyapproved SIP for conformance with the provisions of the 1990 Clean Air Act Amendments enacted on November 15, 1990. The EPA has determined that this action conforms with those requirements. 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.
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, Assistant Administrator for Air and Radiation.
The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in a separate document in this Federal Register publication, the EPA is proposing to approve the SIP revision should adverse or critical comments be filed. This action will be effective July 15, 1996 unless, by June 17, 1996 adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will be addressed in a subsequent final rule based on this action serving as a proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. If no such comments are received, the public is advised that this action will be effective July 15, 1996. 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 July 15, 1996. 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), 42 U.S.C. 7607(b)(2).
It has been determined that this rule is not a ``significant regulatory action'' under the terms of Executive Order 12866 and is therefore not subject to OMB review. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic compounds. 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. [[Page 24712]] Dated: May 2, 1996.
Chuck Clarke, Regional Administrator. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--[AMENDED]
- 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) (113) to read as follows: Sec. 52.1970 Identification of plan.
[FR Doc. 96-12353 Filed 5-15-96; 8:45 am] BILLING CODE 6560-50-P
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(c) * * *
(113) On April 14, 1995, the Oregon Department of Environmental Quality submitted a revision to its SIP for the State of Oregon to include the Transportation Conformity: OAR 340-20-710 through 340-20- 1080.
(i) Incorporation by reference.
(A) April 14, 1995 letter from ODEQ director Lydia Taylor to EPA Regional Administrator Chuck Clarke submitting a revision to the Oregon SIP to include the Transportation Conformity: OAR 340-20-710 through 340-20-1080; Division 20, Air Pollution Control, Criteria and Procedures for Determining Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act, effective March 29, 1995.