Approval and Promulgation of Air Quality Implementation Plans; Lakeview PM10 Maintenance Plan and Redesignation Request, 35159-35161 [06-5511]
Download as PDF
Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Rules and Regulations
copy at the EPA, Region 10, Office of
Air, Waste and Toxics (AWT–107), 1200
Sixth Avenue, Seattle WA. EPA requests
that, if at all possible, you contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding legal holidays.
(3) Rule 1309.1, adopted on May 3,
2002.
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[FR Doc. 06–5508 Filed 6–16–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
FOR FURTHER INFORMATION CONTACT:
[EPA–R10–OAR–2006–0010; FRL–8179–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Lakeview PM10 Maintenance Plan and
Redesignation Request
Environmental Protection
Agency (EPA).
ACTION: Final rule.
wwhite on PROD1PC61 with RULES
AGENCY:
SUPPLEMENTARY INFORMATION:
SUMMARY: On March 22, 2006, EPA
published a direct final rule to approve
a PM10 State Implementation Plan (SIP)
maintenance plan revision for the
Lakeview, Oregon nonattainment area
and to redesignate the area from
nonattattainment to attainment for
PM10. PM10 air pollution is suspended
particulate matter with a nominal
diameter less than or equal to a nominal
ten micrometers. We stated in the direct
final rule that if EPA received adverse
comment, we would publish a timely
withdrawal of the direct final rule. We
received adverse comment on the direct
final rule, and, therefore, in a separate
action, are withdrawing our direct final
rule. In a parallel notice of proposed
rulemaking, also published on March
22, 2006, we stated that if we received
adverse comments we would address all
public comments in a subsequent final
rule based on the proposed rule. This
final action addresses the adverse
comments we received and finalizes our
approval of the SIP revision and
redesignation request for the Lakeview
PM10 nonattainment area.
DATES: This final rule is effective July
19, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2006–0010. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI 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 through
https://www.regulations.gov or in hard
VerDate Aug<31>2005
15:59 Jun 16, 2006
Jkt 208001
Donna Deneen, Office of Air, Waste and
Toxics (AWT–107), EPA Region 10,
1200 Sixth Avenue, Seattle, WA 98101;
telephone number: (206) 553–6706; fax
number: (206) 553–0110; e-mail address:
deneen.donna@epa.gov.
Throughout this document wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA.
Table of Contents
I. What Is the Background of This
Rulemaking?
II. What Comments Did We Receive on the
Proposed Action?
III. What Is Our Final Action?
IV. Statutory and Executive Order Reviews
I. What Is the Background of This
Rulemaking?
On October 25, 2005, the State of
Oregon Department of Environmental
Quality (DEQ or State) submitted a SIP
revision and redesignation request for
the Lakeview, Oregon PM10
nonattainment area. On March 22, 2006,
EPA published a direct final rule to
approve this SIP revision and request on
the basis that the State’s submission
adequately demonstrated that the
control measures being implemented in
the Lakeview area result in maintenance
of the PM10 National Ambient Air
Quality Standards (NAAQS) and all
other requirements of the Clean Air Act
(the Act) for redesignation to attainment
are met. 71 FR 14399. We stated in the
direct final rule that if EPA received
adverse comment, we would publish a
timely withdrawal of the direct final
rule. We received adverse comment on
the direct final rule, and, therefore, in a
separate action, are withdrawing our
direct final rule. In a parallel notice of
proposed rulemaking, also published on
March 22, 2006, we stated that if we
received adverse comments we would
address all public comments in a
subsequent final rule based on the
proposed rule. 71 FR 14438. This final
action addresses the adverse comments
we received and finalizes our approval
of the State’s SIP revision and
redesignation request for the Lakeview
PM10 nonattainment area.
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Fmt 4700
Sfmt 4700
35159
II. What Comments Did We Receive on
the Proposed Action?
We received one comment on the
proposed rulemaking. This comment
was from the Oregon Division of the
Federal Highway Administration
(FHWA). FHWA’s comment and our
response are summarized as follows:
Comment: The commenter expressed
concern that the language stating that
‘‘the motor vehicle emissions budget is
established for all years’’ could be
interpreted to mean that a budget for
Lakeview is created for each year, 2006
through 2017. The commenter added
that since transportation conformity
requires a demonstration of meeting
budgets for every year a budget is
established, requiring the Department of
Transportation to demonstrate meeting a
budget for each year through 2017
seems to be overly burdensome and
return little value. The commenter
concluded that demonstrating that the
2017 budget is met, as well as any
required interim years, meets the
purpose of the Clean Air Act and this
SIP.
Response: EPA’s statement that the
motor vehicle emissions budget is
established for all years is in the
preamble to our rulemaking at 71 FR
14404 (March 22, 2006). Because this
statement is based on information in the
State’s SIP submittal, we asked DEQ to
clarify the period for which the motor
vehicle emissions budget is established.
In a letter to EPA, dated May 2, 2006,
DEQ clarified that the motor vehicle
emissions budget is established for the
Lakeview PM10 nonattainment area for
2017 and that DEQ never intended to
require a yearly transportation
conformity analysis. DEQ added that
analysis years are determined by the
conformity rule and through interagency
consultation and that DEQ does not
believe that its language could be, or
should be, interpreted to mean that an
analysis must be conducted every year.
The phrase ‘‘for all years’’ makes clear
that if, as a result of conformity rules
and interagency consultation, an
intervening year conformity
determination is required or needed,
then the budget established for 2017
governs.
Based on the comment from FHWA,
the clarifying letter from DEQ, the SIP
revision for the Lakeview PM10
nonattainment area, and 40 CFR
93.118(b)(2)(i), which sets the minimum
years for which a regional emissions
analyses must be conducted, we are
clarifying that the motor vehicle
emissions budget for Lakeview is
established for 2017. Accordingly, the
E:\FR\FM\19JNR1.SGM
19JNR1
35160
Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Rules and Regulations
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
LAKEVIEW PM10 MOTOR VEHICLE
on the relationship between the national
EMISSIONS BUDGET FOR 2017
government and the States, or on the
[Pounds PM10/24-hour winter day]
distribution of power and
Year ..............................................
2017 responsibilities among the various
Motor Vehicle Emissions Budget
311 levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
III. What Is Our Final Action?
approves a state rule implementing a
EPA is taking final action to approve
Federal standard, and does not alter the
a PM10 State Implementation Plan (SIP) relationship or the distribution of power
maintenance plan revision for the
and responsibilities established in the
Lakeview, PM10 nonattainment area
Clean Air Act. This rule also is not
and to redesignate the area from
subject to Executive Order 13045
nonattattainment to attainment for
‘‘Protection of Children from
PM10. EPA is approving the SIP
Environmental Health Risks and Safety
revision and redesignation request
Risks’’ (62 FR 19885, April 23, 1997),
because the State adequately
because it is not economically
demonstrates that the control measures
significant.
being implemented in the Lakeview area
In reviewing SIP submissions, EPA’s
result in maintenance of the PM10
role is to approve state choices,
National Ambient Air Quality Standards provided that they meet the criteria of
and all other requirements of the Clean
the Clean Air Act. In this context, in the
Air Act for redesignation to attainment
absence of a prior existing requirement
are met.
for the State to use voluntary consensus
standards (VCS), EPA has no authority
IV. Statutory and Executive Order
to disapprove a SIP submission for
Reviews
failure to use VCS. It would thus be
Under Executive Order 12866 (58 FR
inconsistent with applicable law for
51735, October 4, 1993), this action is
EPA, when it reviews a SIP submission,
not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission
therefore is not subject to review by the
that otherwise satisfies the provisions of
Office of Management and Budget. For
the Clean Air Act. Thus, the
this reason, this action is also not
requirements of section 12(d) of the
subject to Executive Order 13211,
National Technology Transfer and
‘‘Actions Concerning Regulations That
Advancement Act of 1995 (15 U.S.C.
Significantly Affect Energy Supply,
272 note) do not apply. This rule does
Distribution, or Use’’ (66 FR 28355, May not impose an information collection
22, 2001). This action merely approves
burden under the provisions of the
state law as meeting Federal
Paperwork Reduction Act of 1995 (44
requirements and imposes no additional U.S.C. 3501 et seq.).
requirements beyond those imposed by
The Congressional Review Act, 5
state law. Accordingly, the
U.S.C. section 801 et seq., as added by
Administrator certifies that this rule
the Small Business Regulatory
will not have a significant economic
Enforcement Fairness Act of 1996,
impact on a substantial number of small generally provides that before a rule
entities under the Regulatory Flexibility may take effect, the agency
Act (5 U.S.C. 601 et seq.). Because this
promulgating the rule must submit a
rule approves pre-existing requirements rule report, which includes a copy of
under state law and does not impose
the rule, to each House of the Congress
any additional enforceable duty beyond and to the Comptroller General of the
that required by state law, it does not
United States. EPA will submit a report
contain any unfunded mandate or
containing this rule and other required
significantly or uniquely affect small
information to the U.S. Senate, the U.S.
governments, as described in the
House of Representatives, and the
Unfunded Mandates Reform Act of 1995 Comptroller General of the United
(Pub. L. 104–4).
States prior to publication of the rule in
This rule also does not have tribal
the Federal Register. A major rule
implications because it will not have a
cannot take effect until 60 days after it
substantial direct effect on one or more
is published in the Federal Register.
Indian tribes, on the relationship
This action is not a ‘‘major rule’’ as
between the Federal Government and
defined by 5 U.S.C. section 804(2).
Indian tribes, or on the distribution of
Under section 307(b)(1) of the Clean
power and responsibilities between the
Air Act, petitions for judicial review of
Federal Government and Indian tribes,
this action must be filed in the United
as specified by Executive Order 13175
States Court of Appeals for the
wwhite on PROD1PC61 with RULES
motor vehicle emissions budget for
Lakeview is as follows:
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15:59 Jun 16, 2006
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appropriate circuit by August 18, 2006.
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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: May 23, 2006.
Richard B. Parkin,
Acting Regional Administrator, Region 10.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401, et seq.
Subpart MM—Oregon
2. Section 52.1970 is amended by
adding paragraph (c)(147) to read as
follows:
I
§ 52.1970
Identification of plan.
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(c) * * *
(147) On October 25, 2005, the Oregon
Department of Environmental Quality
submitted a PM10 maintenance plan
and requested redesignation of the
Lakeview PM10 nonattainment area to
attainment for PM10. The State’s
maintenance plan and the redesignation
request meet the requirements of the
Clean Air Act.
(i) Incorporation by reference.
(A) The following sections of Oregon
Administrative Rule 340: 204–0030,
204–0040, 224–0060 (2)(d) and 225–
0020(8), as effective September 9, 2005.
I 3. Section 52.1973 is amended by
adding paragraph (e)(4) to read as
follows:
§ 52.1973
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Approval of plans.
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(e) * * *
E:\FR\FM\19JNR1.SGM
19JNR1
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35161
Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Rules and Regulations
(4) EPA approves as a revision to the
Oregon State Implementation Plan, the
Lakeview PM10 maintenance plan
adopted by the Oregon Environmental
Quality Commission on August 11, 2005
and submitted to EPA on October 25,
2005.
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revising the entry for ‘‘Lakeview (the
Urban Growth Boundary Area)’’ to read
as follows:
PART 81—[AMENDED]
4. The authority citation for part 81
continues to read as follows:
I
§ 81.338
Authority: 42 U.S.C. 7401, et seq.
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Oregon.
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5. In § 81.338, the table entitled
‘‘Oregon PM–10’’ is amended by
I
OREGON—PM–10
Designation
Classification
Designated area
Date
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Lakeview (the Urban Growth Boundary area) ......................................................
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R10–OAR–2006–0050; FRL–8179–4]
Approval and Promulgation of Air
Quality Implementation Plans; La
Grande PM10 Maintenance Plan and
Redesignation Request
Environmental Protection
Agency (EPA).
ACTION: Final rule.
wwhite on PROD1PC61 with RULES
AGENCY:
SUMMARY: On March 22, 2006, EPA
published a direct final rule to approve
a PM10 State Implementation Plan (SIP)
maintenance plan revision for the La
Grande, Oregon nonattainment area and
to redesignate the area from
nonattainment to attainment for PM10.
PM10 air pollution is suspended
particulate matter with a nominal
diameter less than or equal to a nominal
ten micrometers. We stated in the direct
final rule that if EPA received adverse
comment, we would publish a timely
withdrawal of the direct final rule. We
received adverse comment on the direct
final rule, and, therefore, in a separate
action, are withdrawing our direct final
rule. In a parallel notice of proposed
rulemaking, also published on March
22, 2006, we stated that if we received
adverse comments we would address all
public comments in a subsequent final
rule based on the proposed rule. This
final action addresses the adverse
comments we received and finalizes our
approval of the SIP revision and
redesignation request for the La Grande
PM10 nonattainment area.
VerDate Aug<31>2005
15:59 Jun 16, 2006
*
7/19/06
*
This final rule is effective July
19, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2006–0050. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI 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 through
https://www.regulations.gov or in hard
copy at the EPA, Region 10, Office of
Air, Waste and Toxics (AWT–107), 1200
Sixth Avenue, Seattle WA. EPA requests
that, if at all possible, you contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m. excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Donna Deneen, Office of Air, Waste and
Toxics (AWT–107), EPA Region 10,
1200 Sixth Avenue, Seattle, WA 98101;
telephone number: (206) 553–6706; fax
number: (206) 553–0110; e-mail address:
deneen.donna@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA.
Jkt 208001
Table of Contents
I. What Is the Background of This
Rulemaking?
II. What Comments Did We Receive on the
Proposed Action?
III. What Is Our Final Action?
IV. Statutory and Executive Order Reviews
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
Date
Type
*
*
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*
Attainment.
*
DATES:
[FR Doc. 06–5511 Filed 6–16–06; 8:45 am]
Type
I. What is the Background of This
Rulemaking?
On October 25, 2005, the State of
Oregon Department of Environmental
Quality (DEQ or State) submitted a SIP
revision and redesignation request for
the La Grande, Oregon PM10
nonattainment area. On March 22, 2006,
EPA published a direct final rule to
approve this SIP revision and request on
the basis that the State’s submission
adequately demonstrated that the
control measures being implemented in
the La Grande area result in
maintenance of the PM10 National
Ambient Air Quality Standards
(NAAQS) and all other requirements of
the Clean Air Act (the Act) for
redesignation to attainment are met. 71
FR 14393. We stated in the direct final
rule that if EPA received adverse
comment, we would publish a timely
withdrawal of the direct final rule. We
received adverse comment on the direct
final rule, and, therefore, in a separate
action, are withdrawing our direct final
rule. In a parallel notice of proposed
rulemaking, also published on March
22, 2006, we stated that if we received
adverse comments we would address all
public comments in a subsequent final
rule based on the proposed rule. 71 FR
14438. This final action addresses the
adverse comments we received and
finalizes our approval of the State’s SIP
revision and redesignation request for
the La Grande PM10 nonattainment
area.
II. What Comments Did We Receive on
the Proposed Action?
We received one comment on the
proposed rulemaking. This comment
was from the Oregon Division of the
Federal Highway Administration
(FHWA). FHWA’s comment and our
response are summarized as follows:
E:\FR\FM\19JNR1.SGM
19JNR1
Agencies
[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Rules and Regulations]
[Pages 35159-35161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5511]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R10-OAR-2006-0010; FRL-8179-5]
Approval and Promulgation of Air Quality Implementation Plans;
Lakeview PM10 Maintenance Plan and Redesignation Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On March 22, 2006, EPA published a direct final rule to
approve a PM10 State Implementation Plan (SIP) maintenance plan
revision for the Lakeview, Oregon nonattainment area and to redesignate
the area from nonattattainment to attainment for PM10. PM10 air
pollution is suspended particulate matter with a nominal diameter less
than or equal to a nominal ten micrometers. We stated in the direct
final rule that if EPA received adverse comment, we would publish a
timely withdrawal of the direct final rule. We received adverse comment
on the direct final rule, and, therefore, in a separate action, are
withdrawing our direct final rule. In a parallel notice of proposed
rulemaking, also published on March 22, 2006, we stated that if we
received adverse comments we would address all public comments in a
subsequent final rule based on the proposed rule. This final action
addresses the adverse comments we received and finalizes our approval
of the SIP revision and redesignation request for the Lakeview PM10
nonattainment area.
DATES: This final rule is effective July 19, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2006-0010. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., CBI 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 through
https://www.regulations.gov or in hard copy at the EPA, Region 10,
Office of Air, Waste and Toxics (AWT-107), 1200 Sixth Avenue, Seattle
WA. EPA requests that, if at all possible, you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30 excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Donna Deneen, Office of Air, Waste and
Toxics (AWT-107), EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101;
telephone number: (206) 553-6706; fax number: (206) 553-0110; e-mail
address: deneen.donna@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'' or ``our'' are used, we mean EPA.
Table of Contents
I. What Is the Background of This Rulemaking?
II. What Comments Did We Receive on the Proposed Action?
III. What Is Our Final Action?
IV. Statutory and Executive Order Reviews
I. What Is the Background of This Rulemaking?
On October 25, 2005, the State of Oregon Department of
Environmental Quality (DEQ or State) submitted a SIP revision and
redesignation request for the Lakeview, Oregon PM10 nonattainment area.
On March 22, 2006, EPA published a direct final rule to approve this
SIP revision and request on the basis that the State's submission
adequately demonstrated that the control measures being implemented in
the Lakeview area result in maintenance of the PM10 National Ambient
Air Quality Standards (NAAQS) and all other requirements of the Clean
Air Act (the Act) for redesignation to attainment are met. 71 FR 14399.
We stated in the direct final rule that if EPA received adverse
comment, we would publish a timely withdrawal of the direct final rule.
We received adverse comment on the direct final rule, and, therefore,
in a separate action, are withdrawing our direct final rule. In a
parallel notice of proposed rulemaking, also published on March 22,
2006, we stated that if we received adverse comments we would address
all public comments in a subsequent final rule based on the proposed
rule. 71 FR 14438. This final action addresses the adverse comments we
received and finalizes our approval of the State's SIP revision and
redesignation request for the Lakeview PM10 nonattainment area.
II. What Comments Did We Receive on the Proposed Action?
We received one comment on the proposed rulemaking. This comment
was from the Oregon Division of the Federal Highway Administration
(FHWA). FHWA's comment and our response are summarized as follows:
Comment: The commenter expressed concern that the language stating
that ``the motor vehicle emissions budget is established for all
years'' could be interpreted to mean that a budget for Lakeview is
created for each year, 2006 through 2017. The commenter added that
since transportation conformity requires a demonstration of meeting
budgets for every year a budget is established, requiring the
Department of Transportation to demonstrate meeting a budget for each
year through 2017 seems to be overly burdensome and return little
value. The commenter concluded that demonstrating that the 2017 budget
is met, as well as any required interim years, meets the purpose of the
Clean Air Act and this SIP.
Response: EPA's statement that the motor vehicle emissions budget
is established for all years is in the preamble to our rulemaking at 71
FR 14404 (March 22, 2006). Because this statement is based on
information in the State's SIP submittal, we asked DEQ to clarify the
period for which the motor vehicle emissions budget is established. In
a letter to EPA, dated May 2, 2006, DEQ clarified that the motor
vehicle emissions budget is established for the Lakeview PM10
nonattainment area for 2017 and that DEQ never intended to require a
yearly transportation conformity analysis. DEQ added that analysis
years are determined by the conformity rule and through interagency
consultation and that DEQ does not believe that its language could be,
or should be, interpreted to mean that an analysis must be conducted
every year. The phrase ``for all years'' makes clear that if, as a
result of conformity rules and interagency consultation, an intervening
year conformity determination is required or needed, then the budget
established for 2017 governs.
Based on the comment from FHWA, the clarifying letter from DEQ, the
SIP revision for the Lakeview PM10 nonattainment area, and 40 CFR
93.118(b)(2)(i), which sets the minimum years for which a regional
emissions analyses must be conducted, we are clarifying that the motor
vehicle emissions budget for Lakeview is established for 2017.
Accordingly, the
[[Page 35160]]
motor vehicle emissions budget for Lakeview is as follows:
Lakeview PM10 Motor Vehicle Emissions Budget for 2017
[Pounds PM10/24-hour winter day]
------------------------------------------------------------------------
------------------------------------------------------------------------
Year......................................................... 2017
Motor Vehicle Emissions Budget............................... 311
------------------------------------------------------------------------
III. What Is Our Final Action?
EPA is taking final action to approve a PM10 State Implementation
Plan (SIP) maintenance plan revision for the Lakeview, PM10
nonattainment area and to redesignate the area from nonattattainment to
attainment for PM10. EPA is approving the SIP revision and
redesignation request because the State adequately demonstrates that
the control measures being implemented in the Lakeview area result in
maintenance of the PM10 National Ambient Air Quality Standards and all
other requirements of the Clean Air Act for redesignation to attainment
are met.
IV. 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 (65
FR 67249, 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. section 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
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.
section 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 August 18, 2006. 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 23, 2006.
Richard B. Parkin,
Acting Regional Administrator, Region 10.
0
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)(147) to read as
follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(147) On October 25, 2005, the Oregon Department of Environmental
Quality submitted a PM10 maintenance plan and requested redesignation
of the Lakeview PM10 nonattainment area to attainment for PM10. The
State's maintenance plan and the redesignation request meet the
requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) The following sections of Oregon Administrative Rule 340: 204-
0030, 204-0040, 224-0060 (2)(d) and 225-0020(8), as effective September
9, 2005.
0
3. Section 52.1973 is amended by adding paragraph (e)(4) to read as
follows:
Sec. 52.1973 Approval of plans.
* * * * *
(e) * * *
[[Page 35161]]
(4) EPA approves as a revision to the Oregon State Implementation
Plan, the Lakeview PM10 maintenance plan adopted by the Oregon
Environmental Quality Commission on August 11, 2005 and submitted to
EPA on October 25, 2005.
* * * * *
PART 81--[AMENDED]
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
5. In Sec. 81.338, the table entitled ``Oregon PM-10'' is amended by
revising the entry for ``Lakeview (the Urban Growth Boundary Area)'' to
read as follows:
Sec. 81.338 Oregon.
* * * * *
Oregon--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Lakeview (the Urban Growth 7/19/06 Attainment.
Boundary area).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 06-5511 Filed 6-16-06; 8:45 am]
BILLING CODE 6560-50-P