|
|---|
|
Air Plan Approval; OR; Vehicle Inspection Program and Medford-Ashland PM10 Maintenance Plan Technical Correction Publication: Federal Register Agency: Environmental Protection Agency Byline: Michelle L. Pirzadeh Date: 11 May 2022 Subjects: American Government  , The Environment
|
[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Proposed Rules]
[Pages 28783-28785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10037]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2021-0393; FRL-9756-01-R10]
Air Plan Approval; OR; Vehicle Inspection Program and Medford-
Ashland PM10 Maintenance Plan Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Oregon state implementation plan (SIP)
submitted by the State of Oregon (Oregon) on December 9, 2020 and
December 22, 2021. The revisions update the SIP-approved vehicle
inspection program for the Portland and Medford areas. The EPA is
proposing to approve the SIP submittal as consistent with Clean Air Act
(Act or CAA) requirements. Additionally, EPA is proposing to make a
technical correction to the Medford-Ashland particulate matter
(PM10) maintenance plan that incorrectly identified a
street-sweeping commitment as a transportation control measure (TCM).
DATES: Comments must be received on or before June 10, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2021-0393, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from https://www.regulations.gov. EPA may publish
any comment received to its public docket. Do not electronically submit
any information you consider to be Confidential Business Information
(CBI) or other information the disclosure of which is restricted by
statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Claudia Vaupel, (206) 553-6121,
vauepl.claudia@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to EPA.
I. Background for This Action
Section 110 of the CAA requires states to develop and submit to the
EPA SIPs to ensure that state air quality meets National Ambient Air
Quality Standards (NAAQS). Each federally approved SIP protects air
quality primarily by addressing air pollution at its point of origin
through air pollution regulations and control strategies. The EPA-
approved SIP provisions and control strategies are federally
enforceable. States revise the SIP as needed and submit revisions to
the EPA for review and approval.
II. The State's Submittal
On December 9, 2020 and December 22, 2021, Oregon submitted a SIP
revision for the vehicle inspection program (VIP) in the Portland and
Medford areas. Table 1 of this document lists the rule revisions
included in the scope of the state's submissions. The SIP revision
updates the rules to improve clarity, add requirements for the onboard
diagnostics system, and remove references to the enhanced dynamometer
test that is no longer required as of January 1, 2007.\1\
---------------------------------------------------------------------------
\1\ EPA approved phasing out the enhanced test on December 19,
2011. (See 76 FR 78571).
Table 1--Rule Revisions Included in Oregon's VIP SIP Submission
[Effective November 19, 2020]
------------------------------------------------------------------------
Rule No. OAR 340- Rule title
------------------------------------------------------------------------
256-0010................................ Definitions.
256-0130................................ Visible Emissions: Motor
Vehicle Fleet Operation.
256-0200................................ Certification of Pollution
Control Systems: County
Designations.
256-0300................................ Emission Control System
Inspection: Scope.
256-0310................................ Emission Control System
Inspection: Government-Owned
Vehicle, Permanent Fleet
Vehicle and United States
Government Vehicle Testing
Requirements.
[[Page 28784]]
256-0330................................ Emission Control System
Inspection: Department of
Defense Personnel
Participating in the
Privately Owned Vehicle
Import Control Program.
256-0340................................ Emission Control System
Inspection: Light Duty Motor
Vehicle and Heavy Duty
Gasoline Motor Vehicle
Emission Control Test Method
for Basic Program.
256-0350 (repeal)....................... Emission Control System
Inspection: Light Duty Motor
Vehicle Emission Control Test
Method for Enhanced Program.
256-0355................................ Emission Control System
Inspection: Emissions Control
Test Method for OBD Test
Program.
256-0356................................ Emission Control System
Inspection: Emissions Control
Test Method for On-Site
Vehicle Testing for
Automobile Dealerships.
256-0370................................ Emission Control System
Inspection: Renewal of
Registration for Light Duty
Motor Vehicles and Heavy Duty
Gasoline Motor Vehicles
Temporarily Operating Outside
of Oregon.
256-0380................................ Emission Control System
Inspection: Light Duty Motor
Vehicle Emission Control Test
Criteria for Basic Program.
256-0390................................ Emission Control System
Inspection: Heavy Duty
Gasoline Motor Vehicle
Emission Control Test
Criteria.
256-0400................................ Emission Control System
Inspection: Light Duty Motor
Vehicle Emission Control
Standards for Basic Program.
256-0410 (repeal)....................... Emission Control System
Inspection: Light Duty Motor
Vehicle Emission Control
Standards for Enhanced
Program.
256-0420................................ Emission Control System
Inspection: Heavy-Duty
Gasoline Motor Vehicle
Emission Control Standards.
256-0440................................ Emission Control System
Inspection: Criteria for
Qualifications of Persons
Eligible to Inspect Motor
Vehicles and Motor Vehicle
Pollution Control Systems and
Execute Certificates.
256-0450................................ Emission Control System
Inspection: Gas Analytical
System Licensing Criteria for
Basic Program.
256-0460 (repeal)....................... Emission Control System
Inspection: Gas Analytical
System Licensing Criteria for
Enhanced Program.
256-0465................................ Emission Control System
Inspection: Test Equipment
Licensing Criteria for OBD
Test Program.
256-0470................................ Emission Control System
Inspection: Agreement With
Independent Contractor;
Qualifications of Contractor;
Agreement Provisions.
------------------------------------------------------------------------
III. EPA's Evaluation
VIP Rule Revisions
Oregon's submission amends language in the VIP definitions (OAR
340-256-0010) to improve clarity, including removing definitions that
are no longer needed (crankcase emissions, electric vehicle, enhanced
test, GPM, Medford-Ashland Air Quality Maintenance Area (AQMA),
motorcycle, noise level, oxides of nitrogen, Portland Vehicle
Inspection Area, propulsion exhaust noise, two-stroke cycle engine) and
adding new definitions (emissions franchised, HC, imported vehicle,
permanent fleet vehicle, vehicle identification number). The submission
also provides clarifying language in the provision for visible
emissions of motor vehicle fleet operation (OAR 340-256-0130), the
certification of pollution control systems (OAR 340-256-0200), and
several provisions for the emission control system inspection (OAR 340-
256-0300, -0310, -0330, -0356, -0370, -0380, -0390, -0450, -0465, -
0470).\2\
---------------------------------------------------------------------------
\2\ In a December 22, 2021 letter to EPA (supplemental
submission), Oregon requested that OAR 340-256-0100 be deleted from
the scope of the December 9, 2020 submission. DEQ intends to re-
submit that provision in a future SIP submission.
---------------------------------------------------------------------------
In addition to improving clarity in the emission control system
inspection scope (OAR 340-256-0300), the submission removes references
to the enhanced dynamometer test and adds requirements for the onboard
diagnostics system (OAR 340-256-0340, -0355, -0400, -0420, -0440). EPA
approved phasing out Oregon's enhanced dynamometer test on December 19,
2011 (76 FR 78571). The action proposed will update the regulations in
the federally approved SIP to be consistent with EPA's 2011 approval of
the phase out of specified VIP requirements.
Oregon's submission also repealed three emission control system
inspection provisions that were approved into the SIP (OAR-340-256-
0350, -0410, -0460). These provisions provided requirements for the
enhanced test program that was no longer required as of January 1,
2007.
Medford-Ashland Technical Correction
EPA is proposing to make a technical correction concerning the
naming convention of a Jackson County street sweeping commitment for
the Oregon, Medford-Ashland maintenance area. The street sweeping
commitment was included in the Medford-Ashland Particulate Matter
(PM10) Maintenance Plan (Medford-Ashland SIP) adopted by the
Oregon Environmental Quality Commission on December 10, 2004 and
submitted to EPA on March 10, 2005. Oregon incorrectly identified the
street sweeping commitment in the Medford-Ashland SIP as a
``Transportation Control Measure'' (TCM) and on June 19, 2006, EPA took
a direct final action to approve the Medford-Ashland SIP including the
street sweeping commitment as a TCM (71 FR 35163). EPA erred in
describing the street sweeping commitment as a TCM.
A TCM is defined at 40 CFR 93.101 as ``any measure that is
specifically identified and committed to in the applicable
implementation plan . . . that is either one of the types listed in CAA
section 108, or any other measure for the purpose of reducing emissions
or concentrations of air pollutants from transportation sources by
reducing vehicle use or changing traffic flow or congestion
conditions.'' Although the street sweeping commitment was included in
the Medford-Ashland SIP, it clearly does not meet the regulatory
definition of a TCM because road cleaning measures do not reduce
vehicle use or change traffic flow or congestion conditions nor is it
one of the types of TCMs listed in CAA section 108.
Because the street sweeping commitment was erroneously identified
as a TCM, the EPA proposes to correct the nomenclature used to describe
the measure and clarify that the street sweeping commitment in the
Medford-Ashland SIP is not a TCM, within the meaning of 40 CFR 93.101,
upon final action on this proposal. The EPA notes that the Medford-
Ashland SIP was never required to include TCMs because former
PM10 non-attainment areas are not required to include TCMs.
This action, thus, clarifies that Oregon is not obliged to treat the
street sweeping commitment in its SIP as a TCM.
IV. Proposed Action
EPA is proposing to approve the SIP revision submitted by Oregon on
December 9, 2020 and December 22, 2021. EPA is also proposing to
correct the nomenclature in the Medford-Ashland PM10
maintenance plan used to
[[Page 28785]]
describe the street sweeping control measure as a TCM.
V. Incorporation by Reference
In this document, EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the provisions described in Section III of this preamble.
Also, in this document, the EPA is proposing to remove, in a final EPA
rule, regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, EPA is proposing to remove
the incorporation by reference of OAR-340-256-0350, -0410, -0460 as
described in Section III of this preamble. EPA has made, and will
continue to make, these documents generally available through https://www.regulations.gov and at the EPA Region 10 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the CAA, the EPA Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those already 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 CAA; 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this proposed rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
(Authority: 42 U.S.C. 7401 et seq.)
Dated: May 4, 2022.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2022-10037 Filed 5-10-22; 8:45 am]
BILLING CODE 6560-50-P