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Approval and Promulgation of State Implementation Plans: Oregon
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 22, 2004 (Volume 69, Number 224)]
[Rules and Regulations]
[Page 67819-67823]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no04-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OR-04-002; FRL-7835-2]
Approval and Promulgation of State Implementation Plans: Oregon
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA approves numerous revisions to the Oregon State
Implementation Plan (SIP) in the State of Oregon Administrative Rules
(OAR) relating to the inspection and maintenance (I/M) of motor
vehicles. These revisions were submitted to EPA by the Director of the
Oregon Department of Environmental Quality (ODEQ) on November 5, 1999,
September 15, 2000, November 27, 2000, January 10, 2003, and April 22,
2004.
The revisions were submitted in accordance with the requirements of
section 110 of the Clean Air Act (hereinafter CAA or Act).
EPA is also approving the re-numbering of the Motor Vehicle section
of the Oregon Administrative Rules. Two non-SIP related rules are also
removed from the SIP in this action.
DATES: This direct final rule will be effective on January 21, 2005,
without further notice, unless EPA receives comment by December 22,
2004. If comments are received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. OR-04-002,
by one of the following methods:
? Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
? E-mail: R10aircom@epa.gov.
? Fax: (206)-553-0110.
? Mail: Office of Air, Waste, and Toxics, Environmental
Protection Agency, Mail code: OAWT-107, 1200 Sixth Ave., Seattle,
Washington 98101.
? Hand Delivery: Environmental Protection Agency, Office of
Air, Waste, and Toxics, OAWT-107, 9th Floor, 1200 Sixth Ave., Seattle,
Washington 98101. 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. OR-04-002.
EPA's policy is that all comments received will be included in the
public docket without change, 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 regulations.gov, or
e-mail. The federal regulations.gov Web site is an ``anonymous access''
system, which means 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 EPA without going through
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,
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
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, 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. For
additional instructions on submitting comments, go to A. General
Information of the SUPPLEMENTARY INFORMATION section of this document.
Docket: Publicly available docket materials are available in hard
copy at the Office of Air, Waste, and Toxics, EPA Region 10, Mail code:
OAQ-107, 1200 Sixth Ave., Seattle, Washington 98101; open from 8 a.m.--
4:30 p.m. Monday through Friday, excluding legal holidays. The
telephone number is (206) 553-1463.
FOR FURTHER INFORMATION CONTACT: Wayne Elson, Office of Air, Waste and
Toxics, EPA Region 10, Mail code: OAWT-107, 1200 Sixth Avenue, Seattle
WA 98101, telephone number: (206) 553-1463, or e-mail address:
elson.wayne@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
The information in this section is organized as follows:
A. What Should I Consider as I Prepare My Comments for EPA?
B. What SIP Amendments Is EPA Approving?
C. What Are I/M Programs?
D. What Changes Have Been Made to Oregon's I/M Program That EPA Is Approving?
E. What Is the Enhanced Test Waiver and Why Is It Needed?
F. What Is a Qualified Household for the Enhanced Test Waiver?
G. Will This Waiver Affect Air Quality?
H. What Is On-Board Diagnostic (OBD) Testing?
I. What Is On-Site Vehicle Testing?
J. What Is Clean-Screen Testing?
K. What Is the Self-Service Test?
L. Are Clean Screen Testing and Self-Service Testing Required Tests?
M. Why Is EPA Taking No Action on Clean Screen Testing and the Self
Service Test?
N. How Will These Approvals Change Ongoing Air Quality Planning in Oregon?
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting Confidential Business Information (CBI). Do not
submit this information to EPA through regulations.gov or e-mail.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark
the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 Code of
Federal Regulations (CFR) part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
? Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
? Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a CFR part or
section number.
? Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
? Describe any assumptions and provide any technical
information and/or data that you used.
? If you estimate potential costs or burdens, explain how
you arrived at
[[Page 67820]]
your estimate in sufficient detail to allow for it to be reproduced.
? Provide specific examples to illustrate your concerns, and
suggest alternatives.
? Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
? Make sure to submit your comments by the comment period
deadline identified.
B. What SIP Amendments Is EPA Approving?
The following table outlines the submittals EPA received and is
approving in this action:
------------------------------------------------------------------------
Date of submittal to EPA Items revised
------------------------------------------------------------------------
11-5-1999.................... --Renumbering of the Motor Vehicles Rule
from Division 24 to Division 256 of the
OAR.
9-15-2000.................... Submitted rule changes were superceded by
rule revisions in later submittals
listed below.
11-27-2000................... --OAR 340-256-0355 Emissions Control Test
Method for OBD Test Program.
--OAR 340-256-0440 Criteria for
Qualifications of Persons Eligible to
Inspect Motor Vehicles and Motor Vehicle
Pollution Control Systems and Execute
Certificates.
--OAR 340-256-0465 Test Equipment
Licensing Criteria for OBD Test Program.
1-10-2003.................... --OAR 340-256-0356 Emissions Control Test
Method for On-Site Vehicle Testing for
Automobile Dealerships.
4-22-2004.................... --OAR 340-256-0010 Definitions.
--OAR 340-256-0300 Scope.
--SIP Volume 2, Section 5.4 Motor Vehicle
Inspection and Maintenance.
------------------------------------------------------------------------
The SIP revisions cover the addition of new rules and revisions to
existing rules for I/M requirements in Division 256 Motor Vehicles
(formerly Division 024). The submittal dated September 15, 2000
contained rules that were subsequently revised in later ODEQ
submittals. Only the current version of each rule is being approved.
In addition to the rule revisions submitted by ODEQ, EPA is also
approving rule renumbering for the Motor Vehicle Division 256 of the
OAR. On November 5, 1999, ODEQ submitted a complete rule renumbering to
EPA for approval into the SIP, with an effective date under State law
of October 14, 1999. EPA approved portions of this submittal, but did
not take action on Division 256 Motor Vehicles since the rules in this
division had been subsequently revised by ODEQ. The rule renumbering is
non-substantive.
EPA is removing the old rules (formerly Division 024) from the
current SIP that are replaced and approved under the renumbering.
EPA is removing previously approved rules relating to noise
emissions from the SIP in this action. These noise emissions rules were
incorrectly approved into the SIP under a previous action. EPA also is
removing the fee schedule for motor vehicle inspections.
Excess emissions rule revisions by the Lane Regional Air Pollution
Authority (LRAPA) were submitted with the January 10, 2003 submittal.
EPA is taking no action on the Excess Emissions Rules at this time.
ODEQ submitted two new rules for testing methods which include
Clean Screen and Self Service testing. The rules state the possibility
of implementation of this testing, but procedures and methods for
implementation have not been developed and are currently not in place.
Therefore, EPA is taking no action on these rules at this time.
The most salient aspects of approved rule changes include: revised
rules for testing requirements based on vehicle model year, the
introduction of the OBD test for 1996 and newer vehicles in the
Portland and Medford area vehicle inspection programs, providing a
waiver from the enhanced vehicle inspection testing requirements for
vehicles owned by qualified households in the Portland vehicle
inspection area, establishing an on-site vehicle testing program for
used vehicles sold by auto dealers in the Portland and Medford areas,
and revised rules for qualifications for testing personnel.
C. What Are I/M Programs?
In local areas I/M programs are designed to reduce motor vehicle
emissions by requiring that vehicles periodically pass a tailpipe
emissions test or, depending on the model year, a check of the OBD
system. Vehicles emissions are reduced when vehicles are repaired in
order to pass these tests.
D. What Changes Have Been Made to Oregon's I/M Program That EPA Is
Approving?
Current SIP approved rules include the basic and enhanced test
requirements. This approval adds the OBD test as a requirement for
certain vehicles in the Portland Vehicle Inspection (VI) Area and
Medford-Ashland Air Quality Maintenance Area (AQMA). The emission
control test method for the OBD test and OBD test equipment licensing
criteria are also included in these rule changes.
This approval also includes a waiver from the enhanced vehicle test
for qualified households in the Portland VI Area. Households eligible
for the waiver would still be required to take the basic emissions
test. Qualifications for the waiver are based on household income.
EPA is also approving an on-site vehicle testing program for used
vehicles sold by auto dealers in the Portland and Medford area. This is
a voluntary program that allows on-site testing by ODEQ employees for
manufacturer franchised auto dealers only.
This approval also includes revisions made to the criteria for
qualifications for persons eligible to inspect motor vehicles to
include qualifications for administering testing for new vehicle tests
and test methods.
SIP Volume 2, Section 5.4 is a programmatic description of the
Oregon I/M program including boundaries, performance standards, network
type, tools, test frequency, quality control, waivers, and compliance,
data collection, inspector training, and repair effectiveness. This
description has been updated to reflect the changes to the program. EPA
reviewed these changes and will approve this section.
E. What Is the Enhanced Test Waiver and Why Is It Needed?
This provision allows the waiver of some households from the
enhanced vehicle emissions test. The waiver program is only for the
Portland VI Area. The waiver would be granted based on household
income. These households would still be required to take the basic
emissions test. This waiver benefits households by reducing vehicle
repair costs to meet emission standards. In a two-year pilot program,
repair costs to meet the enhanced vehicle tests were higher than the
cost of repairs to comply with the basic emissions test.
[[Page 67821]]
F. What Is a Qualified Household for the Enhanced Test Waiver?
A qualified household, under the enhanced test waiver program, has
a net income of less than or equal to 1.3 times the Federal Poverty
Guidelines for the year 2000. After the year 2000, the annual income
requirement will be adjusted annually, using the Oregon Consumer Price
Index for the Portland Metro Regional area.
G. Will This Waiver Affect Air Quality?
In order to amend the SIP to include this provision, the ODEQ must
demonstrate that the waiver program will not result in an exceedance of
air quality standards. The information collected from a two-year pilot
waiver program has shown that the number of vehicles granted waivers
under this program would have a negligible effect on air quality.
H. What Is On-Board Diagnostic (OBD) Testing?
OBD is a term describing a vehicle's on-board computer that
monitors how certain vehicle components function. The OBD system alerts
drivers of malfunctions in systems that affect exhaust emissions such
as the oxygen sensor, exhaust gas re-circulation system, fuel system,
catalytic converter, etc. The OBD system continuously monitors engine
systems and detects problems early.
If a vehicle's computer system detects a malfunction, the computer
stores a code that can aid in diagnosis of vehicle problems that can
affect air quality. During emissions testing, a computer checks for
these stored trouble codes by downloading the vehicle's computer, and
the dashboard malfunction light is also checked.
I. What Is On-Site Vehicle Testing?
On-site testing is vehicle emissions testing that takes place at an
auto dealer's location, instead of at a ODEQ vehicle testing facility.
ODEQ will perform the on-site testing using a traveling van equipped
with OBD testing equipment. The OBDII test will be given to 1996 and
newer model year vehicles equipped with OBDII systems. If a vehicle
fails the test, the vehicle must be repaired before being re-tested.
Auto dealers may elect to take vehicles to ODEQ centralized testing
locations if they decide not to participate in the on-site testing.
J. What Is Clean-Screen Testing?
The clean screen test evaluates vehicle emissions while on the
roadway to determine whether a vehicle has acceptable emissions. Clean
screen testing may be administered using several methods. One technique
would optically measure emissions using ultraviolet and infrared light
beams directed across lane of traffic. Another technique would
intercept a broadcast electronic OBD signal from a vehicle whose owner
has volunteered for the program.
The clean screening test would be administered just prior to
registration expiration. Clean vehicles would be issued a certificate
of compliance and would not be required to undergo the traditional
vehicle inspection test at a testing facility.
The clean-screen testing rule requires ODEQ to establish specific
testing processes before implementing this type of testing. This
testing program is developmental and the rule requires ODEQ develop
documentation that this method would provide equal or greater accuracy
in identifying vehicles that would pass or fail the required emission test.
K. What Is the Self-Service Test?
The self-service testing would provide a testing method for the
vehicle owner or owner's representative to perform the emissions test
at a designated location. The test performed will be either a remote
sensing optical quantification of tailpipe pollutants, a remote or
computer connected OBD test, or other means as developed by ODEQ.
The self-service test rule requires ODEQ to establish specific
testing processes before implementing this type of testing. This
testing program is developmental and the rule requires ODEQ develop
documentation that this method would provide equal or greater accuracy
in identifying vehicles that would pass or fail the required emission test.
L. Are Clean Screen Testing and Self-Service Testing Required Tests?
No. Both testing options are voluntary, and, if implemented, would
be offered as an alternative to the standard emissions testing at ODEQ
testing facilities. Vehicle owners would still be able to have their
vehicles tested at the ODEQ test centers.
M. Why Is EPA Taking No Action on Clean Screen Testing and the Self
Service Test?
EPA is taking no action on these rules at this time because
procedures for these tests have not yet been developed, and the testing
programs are not ready to implement on a wide scale. However, this does
not prevent ODEQ from developing these testing programs and later
submitting the procedures to EPA for approval into the SIP.
N. How Will These Approvals Change Ongoing Air Quality Planning in Oregon?
ODEQ is proposing revisions to the Oregon SIP to maintain air
quality in compliance with federal air quality standards for carbon
monoxide and ozone. The I/M program is an important and integral part
of the ongoing air quality control measures of the SIP. EPA approval
will support and strengthen the I/M program.
These rule changes provide additional vehicle testing options that
could make vehicle testing more convenient. Improvements in customer
service could increase participation in the I/M program.
II. Summary of Action
A. EPA Is Approving the Following Sections Into the SIP
Chapter 340-256 Motor Vehicles Sections -0010, -0200, -0300, -0310,
-0330, -0340, -0350, -0355, -0356, -0370, -0380, -0390, -0400, -0410, -
0420, -0440, -0450, -0460, -0465, and -0470 and SIP Volume 2, Section 5.4.
B. EPA Is Removing the Following Old Sections From the Current SIP
Because They Are Replaced by the Rules in Section A Above
Chapter 340 Division 024 Sections -0100, -0300, -0301, -0305, -
0306, -0308, -0309, -0312, -0318, -0320, -0325, -0330, -0332, -0335, -
0340, -0355, -0357, and -0360 and SIP Volume 2, Section 5.4.
C. EPA Is Removing the Following Rules From the Current IBR'd SIP
Because They Are Not Appropriate for Inclusion in the SIP
Chapter 340 Division 024 Sections 0314 Motorcycle Noise Emission
Control Test Method, 0337 Motor Vehicle Propulsion Exhaust Noise
Standards, and 0307 Motor Vehicle Inspection Program Fee Schedule.
D. EPA Is Taking No Action at This Time on the Following Rules
Lane Regional Air Pollution Authority Excess Emissions Rules, OAR
340-256-0357 Emissions Control Test Method for Clean Screen Testing
Program, and 340-356-0358 Emissions Control Test Method for Self-
Service Testing Program.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register
[[Page 67822]]
publication, EPA is publishing a separate document that will serve as
the proposal to approve the SIP revision should adverse comments be
filed. This rule will be effective January 21, 2005, without further
notice unless the Agency receives adverse comments by December 22, 2004.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule in the Federal Register informing the public
that the rule will not take effect. All public comments received will
then be addressed in a subsequent final rule based on the proposed
rule. The EPA will not institute a second comment period on this
action. Parties interested in commenting should do so at this time. If
no such comments are received, the public is advised that this rule
will be effective on January 21, 2005, and no further action will be
taken on the proposed rule. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
III. Oregon Notice Provision
During EPA's review of a SIP revision involving Oregon's statutory
authority, a problem was detected which affected the enforceability of
point source permit limitations. EPA determined that, because the five-
day advance notice provision required by ORS 468.126(1) (1991) bars
civil penalties from being imposed for certain permit violations, ORS
468 fails to provide the adequate enforcement authority that a state
must demonstrate to obtain SIP approval, as specified in section 110 of
the Clean Air Act and 40 CFR 51.230. Accordingly, the requirement to
provide such notice would preclude Federal approval of a section 110
SIP revision.
To correct the problem the Governor of Oregon signed into law new
legislation amending ORS 468.126 on September 3, 1993. This amendment
added paragraph ORS 468.126(2)(e) which provides that the five-day
advance notice required by ORS 468.126(1) does not apply if the notice
requirement will disqualify a state program from Federal approval or
delegation. ODEQ responded to EPA's understanding of the application of
ORS 468.126(2)(e) and agreed that, because Federal statutory
requirements preclude the use of the five-day advance notice provision,
no advance notice will be required for violations of SIP requirements
contained in permits.
IV. Scope of EPA Approval
Oregon has not demonstrated authority to implement and enforce the
Oregon Administrative Rules within ``Indian Country'' as defined in 18
U.S.C. 1151.1 1 ``Indian country'' is defined under 18 U.S.C. 1151 as:
(1) All land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and including rights-of-way running through the
reservation, (2) all dependent Indian communities within the borders of
the United States, whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a State,
and (3) all Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same. Under
this definition, EPA treats as reservations trust lands validly set
aside for the use of a Tribe even if the trust lands have not been
formally designated as a reservation. Therefore, this SIP approval does
not extend to ``Indian Country'' in Oregon. See CAA sections
110(a)(2)(A) (SIP shall include enforceable emission limits),
110(a)(2)(E)(i) (State must have adequate authority under State law to
carry out SIP), and 172(c)(6) (nonattainment SIPs shall include
enforceable emission limits). This is consistent with EPA's previous
approval of Oregon's PSD program, in which EPA specifically disapproved
the program for sources within Indian Reservations in Oregon because
the State had not shown it had authority to regulate such sources. See
40 CFR 52.1987(c). It is also consistent with EPA's approval of
Oregon's title V operating permits program. See 59 FR 61820, 61827
(December 2, 1994) (interim approval does not extend to Indian
Country); 60 FR 50106, 50106 (September 28, 1995) (full approval does
not extend to Indian Country).
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(59 FR 22951, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small
[[Page 67823]]
Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 January 21, 2005. 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Reporting and recordkeeping requirements.
Dated: October 26, 2004.
Julie M. Hagensen,
Acting Regional Administrator, Region 10.
? Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
? 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart MM--Oregon
? 2. Section 52.1970 is amended by adding paragraph (c) (142) to read as
follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(142) The Environmental Protection Agency (EPA) approves various
amendments to the Oregon State Implementation Plan which are contained
in four separate submittals to EPA, dated November 5, 1999, November
27, 2000, January 10, 2003 and April 19, 2004 which include revisions
to the inspection and maintenance program.
(i) Incorporation by reference.
(A) The following sections of the Oregon Administrative Rules 340:
256-0200, 256-0310, 256-0330, 256-0340, 256-0350, 256-0370, 256-0380,
256-0390, 256-0400, 256-0410, 256-0420, 256-0450, 256-0460, and 256-
0470, as effective October 14, 1999; 256-0355, 256-0440, and 256-0465,
as effective October 25, 2000; 256-0356, as effective October 4, 2001;
and 256-0010, 256-0300, as effective October 24, 2003.
(B) Remove the following old sections of the Oregon Administrative
Rules 340 from the current incorporation by reference: 024-100, 024-
300, 024-301, 024-305, 024-306, 024-307, 024-308, 024-309, 024-312,
024-314, 024-318, 024-320, 024-325, 024-330, 024-332, 024-335, 024-337,
024-340, 024-355, 024-357, and 024-360.
(ii) Additional Material:
(A) Oregon SIP Volume 2, Section 5.4, as effective October 24, 2003.
[FR Doc. 04-25629 Filed 11-19-04; 8:45 am]
BILLING CODE 6560-50-U