[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Rules and Regulations]
[Pages 60627-60629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24376]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2010-0912; FRL-9722-2]
Approval and Promulgation of State Implementation Plans: Oregon
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving a State Implementation Plan (SIP)
revision submitted by the State of Oregon (the State). The submission
addresses transportation conformity requirements. EPA is approving the
submission in accordance with the requirements of the Clean Air Act
(the Act).
DATES: This action is effective on November 5, 2012.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification Number: EPA-R10-OAR2010-0912. All documents in
the docket are listed on the http://www.regulations.gov Web site.
Although listed in the index, some information may not be publicly
available, i.e., Confidential Business Information 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 www.regulations.gov or
in hard copy during normal business hours at EPA Region 10, Office of
Air, Waste, and Toxics (AWT-107), 1200 Sixth Avenue, Seattle,
Washington 98101. The EPA requests that you contact the person listed
in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Region Office's official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal Holidays.
FOR FURTHER INFORMATION CONTACT: John Chi at telephone number: (206)
553-1230, or Claudia Vergnani Vaupel at telephone number: (206) 553-
6121, email address: [email protected], fax number: (206) 553-
0110, or the above EPA, Region 10 address.
[[Page 60628]]
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. Final Action
III. Statutory and Executive Order Reviews
I. Background
On June 1, 2012 (77 FR 32481), EPA proposed to approve a SIP
revision that revises the State of Oregon's (the State) transportation
conformity criteria and procedures related to interagency consultation,
and enforceability of certain transportation related control and
mitigation measures. Transportation conformity is required under
section 176(c) of the Act to ensure that federally supported highway,
transit projects, and other activities are consistent with (``conform
to'') the purpose of the SIP. Transportation conformity currently
applies to areas that are designated nonattainment, and to areas that
have been redesignated to attainment after 1990 (maintenance areas)
with plans developed under section 175A of the Act, for the following
transportation related criteria pollutants: Ozone, particulate matter
(PM2.5 and PM10), carbon monoxide, and nitrogen
dioxide.
Oregon's SIP revision updates the State's transportation conformity
provisions, Oregon Administrative Rules (OAR) Division 252, to be
consistent with the Act as amended by the ``Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users''
(SAFETEA-LU) and EPA regulations (40 CFR Part 93 and 40 CFR 51.390).
Oregon's SIP revision also adds a provision that requires approval by
the air quality agency in order for a Metropolitan Planning
Organization (MPO) to shorten the timeframe of a conformity
determination (OAR-340-252-0070). EPA has reviewed the submittal to
assure consistency with the Act as amended by SAFETEA-LU and EPA
regulations (40 CFR Part 93 and 40 CFR 51.390) governing state
procedures for transportation conformity and interagency consultation
and has concluded that the submittal is approvable with the exception
of two sentences providing an example in OAR-340-252-0070 for
shortening the conformity timeframe. Details of our review are set
forth in a technical support document (TSD), which has been included in
the docket for this action. Specifically, in the TSD, the EPA
identifies how the submitted procedures, as clarified by the State's
August 31, 2011, supplementary letter, satisfy the requirements under
40 CFR 93.105 for interagency consultation with respect to the
development of transportation plans and programs, SIPs, and conformity
determinations, the resolution of conflicts, and the provision of
adequate public consultation, and our requirements under 40 CFR
93.122(a)(4)(ii) and 93.125(c) for enforceability of control measures
and mitigation measures.
No relevant adverse comment was received on the proposal and today
EPA is taking final action to approve the proposed SIP amendments
without change.\1\ EPA is, accordingly, taking final action to approve
the SIP revision as discussed in EPA's notice of proposed rulemaking.
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\1\ One comment was submitted that raised issues pertaining to
critical habitat designations on private lands, which is not germane
to this rulemaking.
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II. Final Action
EPA is approving the SIP revision that was submitted by the State
of Oregon on October 6, 2010, with the exception of an example in OAR-
340-252-0070 for shortening the conformity timeframe as discussed in
EPA's notice of proposed rulemaking. EPA is also taking no action on
OAR-340-200-0040 (Oregon Clean Air Act Implementation Plan), which was
included in the State's SIP submission, because this section merely
describes the State's procedures for adopting its SIP and incorporates
by reference all of the revisions adopted by Oregon's Environmental
Quality commission for approval into the Oregon SIP (as a matter of
state law).
III. 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small 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 action 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 December 3,
[[Page 60629]]
2012. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this action for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 1, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart MM--Oregon
0
2. Section 52.1970 is amended by adding paragraph (c)(139)(i)(C) to
read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(139) * * *
(i) * * *
(C) Based on a SIP revision submitted by Oregon on October 6, 2010,
and later supplemented in a letter submitted by the state on August 31,
2011, the following provisions from Oregon's Adminstrative Rules (OAR),
Division 252, ``Transportation Conformity,'' are removed from the SIP.
(1) The following provisions, as effective October 14, 1999, are
replaced by revised provisions effective March 5, 2010, Rules 340: 252-
0030, 252-0060, 252-0070 (except the last two sentences), and 252-0230.
(2) The following provisions, as effective October 14, 1999, are
removed without replacement, Rules 340: 252-0020 (except paragraph
(3)), 252-0040, 252-0050 (except paragraphs (4) & (5)(b)), 252-0080,
252-0090, 252-0100 (except paragraphs (3) through (6)), 252-0110, 252-
0120, 252-0130, 252-0140, 252-0150, 252-0160, 252-0170, 252-0180, 252-
0190 (except paragraph (5)), 252-0200 (except paragraph (6)(c)), 252-
0210 (except paragraph (1)(b)), 252-0220 (except paragraphs (1)(a) &
(2)), 252-0240, 252-0250 (except paragraph (2)), 252-0260, 252-0270,
252-0280, and 252-0290.
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[FR Doc. 2012-24376 Filed 10-3-12; 8:45 am]
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