VOL. 58, No. 232
Rules and Regulations
ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Parts 52 and 81
Approval and Promulgation of Designation of Areas for Air Quality Planning Purposes; Oregon
58 FR 64161
DATE: Monday, December 6, 1993
ACTION: Final rule.
SUMMARY: On July 28, 1989, the state of Oregon through the Oregon Department of Environmental Quality submitted a maintenance plan and a request to redesignate Eugene-Springfield to attainment for carbon monoxide (CO). The state has met the applicable requirements for redesignation contained in the Clean Air Act, as amended in 1990 (CAA). EPA approves the maintenance plan and the redesignation of Eugene-Springfield, Oregon, to attainment for CO.
EFFECTIVE DATE: This action will become effective on February 4, 1994, unless notice is received by January 5, 1994, that someone wishes to submit adverse or critical comments. If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: Montel Livingston, Air Programs and Development Section, Air and Radiation Branch (AT-082), United States Environmental Protection Agency, 1200 Sixth Avenue, Seattle, Washington 98101.
Copies of the materials submitted to EPA may be examined during normal business hours at: Air Programs Branch (OR-30-1-5852), Environmental Protection Agency, 1200 6th Avenue, AT-082, Seattle, Washington 98101, and Oregon Department of Environmental Quality, 811 SW. 6th Avenue, Portland, Oregon 97204.
FOR FURTHER INFORMATION CONTACT: Christi Lee, Air and Radiation Branch, Air Programs and Development Section (AT-082), U.S. Environmental Protection Agency, Region 10, Seattle, Washington 98101, (206) 553-1814.
Under the pre-amended Clean Air Act the Eugene-Springfield Air Quality Maintenance Area (AQMA) was designated nonattainment. 43 FR 9029 (March 3, 1978). Pursuant to the Act as amended in 1990, the Eugene-Springfield AQMA retained its designation of nonattainment for CO and was not classified. 56 FR 56694 (Nov. 6, 1991) codified at 40 CFR 81.338. On July 28, 1989, the state of Oregon submitted to the Environmental Protection Agency (EPA) a maintenance plan and a redesignation request for the Eugene-Springfield CO AQMA, prior to the enactment of the 1990 Clean Air Act Amendments (CAAA). The public hearing was held on September 13, 1988, and Oregon's Environmental Quality Commission adopted the plan on December 9, 1988.
The Agency has reviewed this request for redesignation to determine whether it meets the requirements of the amended CAA, particularly a new requirement that the state develop a maintenance plan to provide for maintenance of the National Ambient Air Quality Standard (NAAQS) for CO for at least 10 years after the redesignation. On July 14, 1993, the Lane Regional Air Pollution Authority (LRAPA) submitted a maintenance plan and additional information that addressed the above requirement and in a letter dated February 27, 1992, LRAPA committed to submit to EPA a contingency plan for attaining the standard if a violation of the CO NAAQS occurs. EPA has determined that the state's demonstration of attainment 10 years after redesignation and its commitment to correct any violation after redesignation are sufficient to satisfy the amended CAA requirement of a maintenance plan.
Since 1971, LRAPA has maintained a continuous monitoring site for CO at Lane Community College in the central business district in downtown Eugene. It was data from this site that led to a nonattainment designation for the entire Eugene-Springfield AQMA under part D of the 1977 CAA. A monitoring study performed by LRAPA in the winter of 1983-1984 demonstrated that the area exceeding the standard is confined to downtown Eugene. The same study concluded that the permanent monitoring site in downtown Eugene adequately represents the CO peak levels in the Eugene-Springfield AQMA and is a suitable indicator of CO attainment status.
Ambient air quality data for the period 1981 through 1992 show that the Eugene-Springfield CO nonattainment area has attained the NAAQS for CO. Therefore, in accordance with the amended Act, the state of Oregon has submitted a CO maintenance plan which projects continued attainment of the CO standard in the Eugene-Springfield Air Quality Maintenance Area (AQMA), and has requested redesignation of the area to attainment for the CO NAAQS. EPA is approving the Eugene-Springfield maintenance plan as a revision to the Air Pollution Control State Implementation Plan (SIP) for the state of Oregon. In conjunction with the maintenance plan, EPA is also approving Oregon's request to redesignate the Eugene-Springfield area to attainment with respect to the CO NAAQS.
II. Evaluation Criteria
Section 107(d)(3)(E) of the amended Act establishes five requirements that must be met in order to redesignate an area from nonattainment to attainment. The Eugene-Springfield redesignation request demonstrates that the area has fulfilled the applicable requirements of the amended Act under section 107(d)(3)(E). The requirements and an analysis of the state submittal under those requirements are set forth below.
A. The Administrator Has Determined That the Area Has Attained the National Ambient Air Quality Standard (Section 107(d)(3)(E)(i))
Ambient monitoring data for 1981 through 1992 show attainment of the CO NAAQS in the Eugene-Springfield area, i.e., less than or equal to one exceedance of the CO NAAQS (9.0 ppm) per year over a two year period. See 40 CFR 50.8. Subsequent to the last violation recorded in 1980, Eugene-Springfield has had 12 years of data with no recorded violation of the CO NAAQS. Therefore, EPA has determined that the NAAQS in Eugene-Springfield have been attained.
B. The Administrator Has Fully Approved the Applicable Implementation Plan for the Area as Meeting the Requirements of Section 110 and Part D (Section 107(d)(3)(E)(ii), Section 107(d)(3)(E)(v))
Oregon had a fully approved SIP for Eugene-Springfield which meets the requirements of sections 110(a)(2), 110(k) and part D of the 1977 Act. (45 FR 42265) The amended Act, however, modified section 110(a)(2) and, under part D, revised section 172 and added new requirements for nonattainment areas.
For purposes of redesignation, the SIP must contain all applicable requirements under the amended Act. EPA has reviewed the SIP to ensure that it contains all measures that were due under the amended Act prior to or at the time the state submitted its redesignation request.
1. Section 110 Requirements
Although section 110 was revised by the CAA amendments, the Eugene- Springfield SIP meets the requirements of amended section 110(a)(2). A number of the requirements did not change in substance and, therefore, EPA believes that the pre-amendment SIP met these requirements. As to those requirements that were amended, many are duplicative of other requirements of the Act. EPA has analyzed the SIP and determined that it is consistent with the requirements of amended section 110(a)(2).
2. Part D Requirements
Before Eugene-Springfield may be redesignated to attainment, it also must fulfill the applicable requirements of part D. Under part D, an area's classification indicates the requirements to which it will be subject. Subpart 1 of part D sets forth the basic nonattainment requirement applicable to all nonattainment areas, classified as well as nonclassifiable. Subpart 3 of part D establishes additional requirements for CO nonattainment areas classified under section 186(a).
Since the Eugene-Springfield area is designated as a not classified CO nonattainment area under the amended Act, the requirements of part D, subpart 3 are not applicable. However, in order to be redesignated to attainment, the state must meet the applicable requirements of subpart 1 of part D, specifically sections 172(c) and 176.
Section 172(c) sets forth general requirements applicable to all nonattainment areas. Under section 172(b), the section 172(c) requirements are applicable as determined by the Administrator, but no later than 3 years after an area has been designated as nonattainment. EPA has not determined that these requirements were applicable to CO nonattainment areas on or before the date that Oregon submitted a complete redesignation request for the Eugene-Springfield nonattainment area. Therefore, these requirements were not applicable for purposes of EPA's consideration of this redesignation request.
Section 176 of the Act requires states to develop transportation/air quality conformity procedures which are consistent with Federal conformity regulations and to submit these procedures as a SIP revision by November 15, 1992. EPA has not promulgated final conformity regulations; however, in a letter dated July 14, 1993, Oregon committed to develop conformity procedures consistent with the final federal regulations and will submit, if necessary, an appropriate SIP revision according to the schedule set forth in the regulations.
C. The Administrator Determines That the Improvement in Air Quality Is Due to Permanent and Enforceable Reductions in Emissions Resulting From Implementation of the Applicable Implementation Plan and Applicable Federal Air Pollutant Control Regulation and Other Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))
Under the pre-amended Act, EPA approved the 1979 Oregon SIP control strategy for the Eugene-Springfield nonattainment area. Eugene-Springfield's SIP stated that the area would be in attainment by 1987, merely by relying on the Federal Motor Vehicle Emission Control Program. EPA is satisfied that the Federal Motor Vehicle Emission Control Program measures are enforceable and have resulted in the reductions that have allowed the area to attain the NAAQS. Moreover, the evidence indicates that this control strategy is sufficient to maintain the standard.
D. The Administrator Has Fully Approved a Maintenance Plan for the Area as Meeting the Requirements of Section 175A (Section 107(d)(3)(E)(iv))
Section 175A of the Act sets forth the maintenance plan requirement for areas requesting redesignation from nonattainment to attainment. The plan must demonstrate continued attainment of the applicable NAAQS for at least ten years after the area is redesignated. Eight years after redesignation, the state must submit a revised maintenance plan which demonstrates attainment for the next ten years following the initial ten-year period. To provide for the possibility for future NAAQS violations, the maintenance plan must contain contingency measures adequate to assure prompt correction of the air quality problem.
1. Emissions Inventory
A study performed by LRAPA during 1985 indicated there were two hot spot locations near downtown which were concluded to be isolated microscale problem areas. The two intersections (7th and Jefferson, and 13th and Hilyard) were identified in this report as hotspots and each was the result of occasional severe traffic congestion, in and around the intersections. Due to the nature of Eugene's CO violations, (i.e., hot spots only) LRAPA's emission inventory contains only on-road mobile and home wood heating emissions within the Central Area Transportation Study boundary. All point sources within the Eugene AQMA are located at a sufficient distance away as to not contribute significantly to the violations. The emission inventory requirement was fulfilled by using EPA's Mobile 3.1 model for emission factors and TRANSYT-7F model for vehicle miles traveled (VMT) and projected speeds. The base year 1985 was used for the attainment emission inventory. The emission estimates for home wood heating devices were derived from a 1987 LRAPA survey within the Eugene-Springfield Urban Growth Boundary.
2. Demonstration of Continued Attainment
A letter dated July 14, 1993, sent from the Director of LRAPA projected emissions from home wood heating devices and on-road vehicles to the year 2007. The projections show that the CO standard will be maintained.
The home wood heating CO emission estimates decreased from 1,348 tons/year in 1990 (as projected by the 1987 LRAPA survey) to 462 tons/year in the year 2007 (as projected by the 1992 LRAPA survey). The future year emissions are based upon projected population increases and continued replacement of conventional woodstoves with certified woodstoves through attrition.
The transportation CO emission estimates decreased from 6,021 tons/year in 1990 (as projected by using EPA's Mobile 3.1 model) to 2,164 tons/year in the year 2007 (as projected by using EPA's Mobile 4.1 model and estimated VMT from the City of Eugene Department of Public Works). Mobile 3.1 and Mobile 4.1 were the applicable models in use at the time the analyses were initiated.
3. Verification of Continued Attainment
Continued attainment of the CO NAAQS in Eugene-Springfield depends, in part, on the state's efforts toward tracking indicators of continued attainment during the maintenance period. The plan will be reviewed annually, making necessary changes to ensure that ambient air quality standards will not be violated. In addition, LRAPA will continue to monitor for CO at the designated monitoring site and will conduct periodic short-duration monitoring studies to ensure continued attainment.
4. Contingency Plan
Despite LRAPA's best efforts to demonstrate continued compliance with the NAAQS in Eugene-Springfield, the area may exceed or violate the NAAQS. Therefore, the LRAPA has submitted a contingency plan (February 27, 1992 letter) providing what actions the area will need to take if the CO standard is violated. The contingency plan provides that in the event of any measured violation of the CO standard, LRAPA and Lane City of Governments will submit within 60 days of notice of the violation a contingency plan for attaining the standard, which will be implemented as expeditiously as practicable.
Because EPA received the state's request to redesignate prior to enactment of the amended Act, the state's commitment to correct any violation after redesignation is sufficient to satisfy the new 1990 amended CAA requirement of the maintenance plan.
5. Commitment to Submit Subsequent Maintenance Plan Revisions
In accordance with section 175A of the Act, the state will submit a revised maintenance SIP eight years after the area is redesignated to attainment. The revised SIP will provide for maintenance for an additional ten years.
EPA, in this action, is redesignating Eugene-Springfield to attainment for carbon monoxide. This action is being taken without prior proposal because the changes are noncontroversial and EPA anticipates no adverse comments on this action. The public should be advised that this action will be effective February 4, 1994. However, if notice is received by January 5, 1994, that someone wishes to submit adverse or critical comments, this action will be withdrawn and two subsequent notices will be published before the effective date. One notice will withdraw the final action, another will begin a new rulemaking by announcing a proposal of the action and establishing a comment period.
For further information, the reader may consult the Technical Support Document. This is available at the EPA address given previously.
IV. Administrative Review
This action has been classified as a Table 2 action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of Management and Budget waived Tables 2 and 3 SIP revisions (54 FR 2222) from the requirements of section 3 of Executive Order 12291 for a period of two years. EPA has submitted a request for a permanent waiver for Table 2 and 3 SIP revisions. The OMB has agreed to continue the temporary waiver until such time as it rules on EPA's request. This request continues in effect under Executive Order 12866 which superseded Executive Order 12281 on September 30, 1993.
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 (5 U.S.C. 605(b)). 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 SIP approval does not impose any new requirements, I certify that it does not have a significant impact on affected small entities. 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).
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.
CO SIPs are designed to satisfy the requirements of part D of the Clean Air Act and to provide for attainment and maintenance of the CO NAAQS. This redesignation today should not be interpreted as authorizing the state to delete, alter, or rescind any of the CO control strategies contained in the approved CO SIP. Changes to the Eugene-Springfield SIP CO regulations rendering them less stringent than those contained in the EPA approved plan cannot be made unless a revised plan for attainment and maintenance is submitted to and approved by EPA. Unauthorized relaxations, deletions, and changes could result in both a finding of nonimplementation (section 173(b) of the Clean Air Act) and in a SIP deficiency call made pursuant to section 110(a)(2)(H) of the Clean Air Act.
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 November 8, 1993. 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 42 U.S.C. 7607(b)(2).)
List of Subjects
40 CFR Part 52
Envrironmental protection, Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation by reference, Ozone, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks, Wilderness areas.
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.
Dated: October 19, 1993.
Gerald A. Emison, Acting Regional Administrator.
Title 40, chapter I of the Code of Federal Regulations is amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.1970 is amended by adding paragraph (c)(101) to read as follows:
@ 52.1970 -- Identification of plan.
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(c) * * *
(101) On July 28, 1989, the state of Oregon, through the Oregon Department of Environmental Quality, submitted a maintenance plan and a request to redesignate Eugene-Springfield to attainment for carbon monoxide (CO).
(i) Incorporation by reference.
(A) July 28, 1989 letter from Oregon Department of Environmental Quality to EPA Region 10 submitting a maintenance plan and a redesignation request for the Eugene-Springfield CO Air Quality Maintenance Area (AQMA). This plan was submitted as an amendment to the State of Oregon Implementation Plan and adopted by the Oregon Department of Environmental Quality Commission on December 9, 1988.
(B) Attainment Demonstration and Maintenance Plan for the Eugene-Springfield AQMA for CO.
(C) Letter from Lane Regional Air Pollution Authority and Lane Council of Governments, dated February 27, 1992, to EPA Region 10, committing to submit a contingency plan if a violation of the CO NAAQS occurs.
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 81.338 is amended in the table for "Oregon-Carbon Monoxide" by revising the entry for "Eugene-Springfield area, Lane Co (part)" to read as follows:
@ 81.338 -- Oregon. * * * * * Oregon-Carbon Monoxide Designated area Designation Classification Date fn 1 Type Date fn 1 Type * * * * * * * Eugene-Springfield January 5, Attainment January Area Lane County 1994 5, 1994 (part) The Eugene- Springfield Area is described as: The area within the bounds beginning at the Northwest corner of T17S, R4W; extend- ing South to the Southwest corner of Section 6, T17S, R4W; thence East to the Northwest corner of Section 8, T17S, R4W; thence south to the Southwest corner of Section 32, T17S, R4W; thence East to the Northeast corner of Section 4, T18S, R4W; thence South to the Southwest corner of Section 3, T18S, R4W; thence East to the Northwest corner Section 12, T18S, R4W; thence South to the Southwest corner of Section 13, T18S, R4W; thence East to the Northeast corner of Section 24, T18S, R4W; thence South to the Southeast corner of Section 24, T18S, R4W; thence East ot the Northeast corner of Section 21, T18S, R3W; thence North to the Northeast corner of Section 21, T18S, R3W; thence East to the Northeast corner of Section 22, T18S, R3W; thence South to the South- west corner of Section 23, T18S, R3W; thence East to the Southeast corner of Section 24, T18S, R3W; thence North to the Southeast corner of Section 1, T18S, R3W; thence East to the South- east corner of Section 2, T18S, R2W; thence North to the Northeast corner of Section 26, T17S, R2W; thence West to the Southwest corner of Section 20, T17S, R2W; thence West to the Southwest corner of Section 13, T17S, R3W; thence T17S, R3W; thence North to the Northwest corner of Section 13, T17S, R3W; thence West to the South- west corner of Section 11, T17S, R3W; thence North to the Northwest corner of Section 11, T17S, R3W; thence West to the Southwest corner of Section 6, T17S, R3W; thence North to the Northwest corner of Section 31, T16S, R3W; thence West to the North- west corner of Section 34, T16S, R4W; thence South to the Southwest corner of Section 34, T16S, R4W; thence West to the point of beginning.
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fn 1 This date is November 15, 1990, unless otherwise noted.
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[FR Doc. 93-29720 Filed 12-3-93; 8:45 am]
BILLING CODE 6560-50-P