FR Doc 03-26917

[Federal Register: October 27, 2003 (Volume 68, Number 207)]
[Rules and Regulations]
[Page 61111-61116]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc03-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[Docket OR-02-003a; FRL-7572-7]

Approval and Promulgation of Air Quality Implementation Plans;
State of Oregon; Grants Pass PM-10 Nonattainment Area Redesignation to
Attainment and Designation of Areas for Air Quality Planning Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 4, 2002, the State of Oregon submitted a PM-10
maintenance plan for Grants Pass to EPA for approval and concurrently
requested that EPA redesignate the Grants Pass nonattainment area to
attainment for the National Ambient Air Quality Standard (NAAQS) for
particulate matter with an aerodynamic diameter of less than ten
micrometers (PM-10). In this action, EPA is approving the maintenance
plan and redesignating the Grants Pass PM-10 nonattainment area to
attainment.

DATES: This direct final rule will be effective December 26, 2003,
unless EPA receives adverse comments by November 26, 2003. If relevant
adverse 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: Comments may be submitted either by mail or electronically.
Written comments should be mailed to Steven K. Body, Office of Air
Quality, (OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle,
Washington, 98101. Electronic comments should be sent either to r10.aircom@epa.gov or to http://www.regulations.gov which is an

alternative method for submitting electronic comments to EPA. To submit
comments, please follow the detailed instructions described in the
SUPPLEMENTARY INFORMATION section, Part VII, General Information.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the EPA, Region 10,
Office of Air Quality, 1200 Sixth Avenue, Seattle WA.

FOR FURTHER INFORMATION CONTACT: Steven K. Body, State and Tribal
Programs Unit, Office of Air Quality, (OAQ-107), EPA Region 10, 1200
Sixth Avenue, Seattle, WA 98101. Telephone number: (206) 553-0782, or e-mail address at body.steve@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA. Please note that if EPA
receives relevant adverse comment on an amendment, paragraph or section
of this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of a relevant adverse comment.

Table of Contents

I. What Is the Purpose of This Action?
II. Why Was Grants Pass Designated Nonattainment?
III. How Can a Nonattainment Area Be Redesignated Attainment?
IV. Did the State Follow Appropriate Administrative Procedures
Before Submitting All the Relevant Material to EPA?
V. Evaluation of the Redesignation Request and Maintenance Plan
A. The Area Must Have Attained the PM-10 NAAQS
B. The Area Must Have Met All Applicable Requirements Under
Section 110 and Part D
C. Clean Air Act (CAA) Section 110 Requirements
D. Part D Requirements
E. Section 172(c)(3)--Emissions Inventory
F. Section 172(c)(5)--New Source Review (NSR)
G. Section 172(c)(7)--Compliance With CAA Section 110(a)(2): Air
Quality Monitoring Requirements
H. The Area Must Have a Fully Approved SIP Under Section 110(k)
of the CAA
I. The Area Must Show the Improvement in Air Quality is Due to
Permanent and Enforceable Emission Reductions.
J. The Area Must Have a Fully Approved Maintenance Plan Under
CAA Section 175A
K. Emissions Inventory--Attainment Year
L. Demonstration of maintenance
M. Monitoring Network and Verification of Continued Attainment
N. Contingency Plan
O. Transportation Conformity
VI. Final Action
VII. General Information
VIII. Statutory and Executive Order Reviews

I. What Is the Purpose of This Action?

EPA is approving the Grants Pass PM-10 Maintenance Plan and
redesignating the Grants Pass PM-10 nonattainment area to attainment.
Grants Pass is a city in southern Oregon with a population of
approximately 36,000. In the late 1980's Grants Pass recorded PM-10
concentrations significantly above the level of the 24-hour PM-10
standard.

II. Why Was Grants Pass Designated Nonattainment?

On November 15, 1990, the Clean Air Act Amendments of 1990 were
enacted (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
7671q). Under section 107(d)(1)(C) of the Clean Air Act (CAA), the
Grants Pass, Oregon, area was designated nonattainment for PM-10 by
operation of law because the area had been designated a Group I
planning area before November 15, 1990. Group I planning areas were
identified on August 7, 1987. See 52 FR 29383. On October 31, 1990, EPA
clarified the description of certain Group I planning areas, including
the Grants Pass area. See 55 FR 45799. These areas were called
``initial PM-10 nonattainment areas.'' On March 15, 1991, EPA announced
these areas and classified them as moderate PM-10 nonattainment areas.
See 56 FR 11101.

III. How Can a Nonattainment Area Be Redesignated to Attainment?

Nonattainment areas can be redesignated to attainment after the
area has measured air quality data showing it has attained the NAAQS
and when certain planning requirements are met. Section 107(d)(3)(E) of
the CAA, and the General Preamble to Title I (57 FR 13498) provide the
criteria for redesignation. These criteria are further clarified in a
policy and guidance memorandum from John Calcagni, September 4, 1992,
Procedures for Processing Requests to Redesignate Areas to Attainment.
The criteria for redesignation are:
(1) The Administrator determines that the area has attained the
relevant national ambient air quality standard;
(2) The Administrator has fully approved the applicable
implementation plan for the area under section 110(k) of the Act;
(3) 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,
applicable Federal air pollution control regulations, and other
permanent and enforceable reductions;
(4) The Administrator has fully approved a maintenance plan for the
area as meeting the requirements of CAA section 175A; and
(5) The State containing the area has met all requirements
applicable to the area under section 110 and part D of the CAA.
Before an area can be redesignated to attainment, all applicable
State Implementation Plan (SIP) elements

[[Page 61112]]

must be fully approved. The following is a summary of EPA's analysis
and conclusion regarding the maintenance plan of Grants Pass and the
State's redesignation request. Additional detail regarding EPA's review
and analysis may be found in the technical support document which is
located in the public docket for this action.

IV. Did the State Follow Appropriate Administrative Procedures Before
Submitting All the Relevant Material to EPA?

The CAA requires States to follow certain procedural requirements
for submitting SIP revisions to EPA. Section 110(a)(2) of the CAA
requires that each SIP revision be adopted by the State after
reasonable notice and public hearing. The State then submits the SIP
revision to EPA.
The Oregon Department of Environmental Quality (ODEQ), which has
regulatory authority for sources of air pollution in the Grants Pass
PM-10 nonattainment area, developed the PM-10 maintenance plan. On May
20, 2002, ODEQ notified the public of the public hearing on the plan in
the following newspapers: Herald and News, Klamath Falls, Oregon, Daily
Journal of Commerce, Multnomah County, Oregon, Grants Pass Daily
Courier, Grants Pass, Oregon, and in the Oregonian, Portland, Oregon.
On July 15, 2002, ODEQ held the public hearing at the Josephine Co.
Courthouse, Grants Pass, Oregon. On October 4, 2002, the State of
Oregon adopted A Plan for Maintaining the National Ambient Air Quality
Standards for Particulate Matter (PM-10) In Grants Pass Urban Growth
Boundary Section 4.56 of the State Implementation Plan.
The State meets the requirements for reasonable notice and public
hearing under section 110(a)(2) of the CAA.

V. Evaluation of the Redesignation Request and Maintenance Plan

A. The Area Must Have Attained the PM-10 NAAQS

Section 107(d)(3)(E)(i) of the CAA requires that the Administrator
determine that the area has attained the applicable NAAQS. The primary
24-hour NAAQS for Particulate Matter with an aerodynamic diameter equal
to or less than 10 micrometers (PM-10) is 150 micrograms per cubic
meter (ug/m3) for a 24-hour period (midnight to midnight), not to be
exceeded more than once per year averaged over three calendar years.
The annual NAAQS for PM-10 is 50 ug/m3 annual arithmetic average,
averaged over three calendar years. PM-10 in the ambient air is
measured by a reference method based on 40 CFR part 50, appendix J. EPA
considers an area as attaining the PM-10 NAAQS when all of the PM-10
monitors in the area have an exceedance rate of 1.0 or less averaged
over three calendar years. (See 40 CFR 50.6 and 40 CFR part 50,
appendix J.) In addition, the area must continue to show attainment
through the date that EPA promulgates redesignation to attainment.
Oregon's redesignation request for the Grants Pass PM-10 area is
based on valid ambient air quality data for calendar years 1987 through
2000. EPA reviewed this data as well as data for calendar years 2001
and 2002. There have been no exceedances of the PM-10 standard since
1988. These data were collected and analyzed as required by EPA (see 40
CFR 50.6 and 40 CFR part 50, appendix J). These data have met minimum
quality assurance requirements and have been certified by the State as
being valid. EPA analyzed all available PM-10 data collected from 1988
through 2002 and determined that the Grants Pass area has not violated
the PM-10 standard since 1990. Because of the form of the standard, it
requires three years of data to show no violation of the standard. For
Grants Pass, 1988, 1989, and 1990, had an expected exceedance rate of
less than 1.0.

B. The Area Must Have Met All Applicable Requirements Under Section 110
and Part D

Section 107(d)(3)(E)(v) of the CAA requires that an area must meet
all applicable requirements under section 110 and Part D of the CAA.
EPA interprets this to mean the State must meet all requirements that
applied to the area prior to, and at the time of, the submission of a
complete redesignation request. Below is a summary of how Oregon meets
these requirements.

C. Clean Air Act (CAA) Section 110 Requirements

On January 25, 1972, Oregon submitted the SIP to EPA. EPA approved
the SIP on May 31, 1972. See 37 FR 10888. For purposes of
redesignation, the Oregon SIP, including the Grants Pass PM-10 SIP,
were reviewed to ensure that the SIP satisfies the CAA requirements of
section 110(a)(2). See 40 CFR 52.1970 for a complete listing of
subsequent Oregon SIP submittals and EPA approvals.

D. Part D Requirements

Part D provides general requirements applicable to all areas
designated nonattainment. The general requirements are followed by a
series of subparts specific to each pollutant. All PM-10 nonattainment
areas must meet the applicable general provisions of subpart 1 (section
172) as well as the specific PM-10 provisions in subpart 4,
``Additional Provisions for Particulate Matter Nonattainment Areas.''

E. Section 172(c)(3)--Emissions Inventory

Section 172(c)(3) of the CAA requires a comprehensive, accurate,
current inventory of actual emissions from all sources in the Grants
Pass PM-10 nonattainment area.
Oregon included in the proposed Grants Pass maintenance plan an
emission inventory for calendar year 1996. This year corresponds to the
year used in calculating the design value (discussed below) which is at
a level well below the standard. This inventory thus represents
emissions that are at a level to protect the standard. The inventory is
comprehensive, accurate and current and meets the requirements of
section 172(c)(3) of the CAA.

F. Section 172(c)(5)--New Source Review (NSR)

The Clean Air Act Amendments of 1990 contained revisions to the new
source review (NSR) program requirements for the construction and
operation of new and modified major stationary sources located in
nonattainment areas. The Act requires states to amend their SIPs to
reflect these revisions, but does not require submittal of this element
along with the other SIP elements. The Act established June 30, 1992 as
the submittal date for the revised NSR programs. See section 189(a) of
the Act. The General Preamble calls for states to implement their
existing NSR programs during the interval preceding our formal approval
of their revised NSR programs.
In Grants Pass, the requirements of the Part D NSR program will be
replaced by the Prevention of Significant Deterioration (PSD) program
and the maintenance area NSR program upon the effective date of
redesignation. The Oregon Department of Environmental Quality rules for
new source review that meet both attainment and nonattainment area
requirements (provisions of OAR Chapter 340, Divisions 200, 202, 209,
212, 216, 222, 224, 225, and 268), that were in effect on October 8,
2002, were approved on January 22, 2003, (68 FR 2953) as meeting the
requirements of Title I, Parts C and D of the Clean Air Act.
Portions of Divisions 222, 224, and 225 were revised as part of the
Grants Pass PM-10 Maintenance Plan and the Klamath Falls Maintenance
Plan

[[Page 61113]]

development effort. These rule revisions were approved by EPA on
January 22, 2003 (68 FR 2953).
Section 0030 and 0040 of Division 204, effective October 8, 2002,
are approved in this action. These sections are revised to remove
Grants Pass from the PM-10 Nonattainment Area list and add it to the
PM-10 Maintenance Area list.

G. Section 172(c)(7)--Compliance With CAA Section 110(a)(2): Air
Quality Monitoring Requirements

Once an area is redesignated, the state must continue to operate an
appropriate air monitoring network in accord with 40 CFR part 58 to
verify attainment status of the area.
The State of Oregon has operated a PM-10 monitor in the Grants Pass
area between 1987 and 1999 at the 11th and K Street site. A replacement
site was established in 1999 at the sewage treatment plant and
continues to operate. In the proposed Grants Pass maintenance plan, the
State of Oregon commits to continued operation of the PM-10 monitoring
station.

H. The Area Must Have a Fully Approved SIP Under Section 110(k) of the
CAA

States containing initial moderate PM-10 nonattainment areas were
required to submit, by November 15, 1991, a nonattainment area plan
that implemented reasonably available control measures (RACM) by
December 10, 1993, and demonstrate whether it was practicable to attain
the PM-10 NAAQS by December 31, 1994. In order to qualify for
redesignation, the SIP for the area must be fully approved under
section 110(k) of the Act, and must satisfy all requirements that apply
to the area. Oregon's CAA Part D initial PM-10 plan for the Grants Pass
PM-10 nonattainment area was submitted on November 15, 1991. EPA
approved the Grants Pass PM-10 attainment plan on December 17, 1993.
See 58 FR 65934. Thus, the area has a fully approved nonattainment area
SIP.

I. The Area Must Show the Improvement in Air Quality Is Due to
Permanent and Enforceable Emission Reductions

Section 107(d)(3)(E)(iii) of the CAA provides that for an area to
be redesignated to attainment, the Administrator must determine that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
implementation plan, implementation of applicable Federal air pollutant
control regulations, and other permanent and enforceable reductions.
The PM-10 emission reductions for the Grants Pass area were
achieved through a number of permanent and enforceable control measures
including a mandatory woodstove certification program for all new stove
sales, a mandatory woodstove and open burning ordinance, a ban on the
sale and installation of uncertified woodstoves, emission limits for
veneer dryers and wood fired boilers, and major source NSR. EPA
approved these control measures as part of the Part D SIP submittal on
December 17, 1993. These control measures will continue into the
maintenance period for the Grants Pass area.
The State has demonstrated that the air quality improvements in the
Grants Pass area are the result of permanent enforceable emission
reductions and are not the result of either economic trends or
meteorology. EPA concludes that the modeling demonstration shows the
area will meet the NAAQS even under the worst case meteorological
conditions.

J. The Area Must Have a Fully Approved Maintenance Plan Under CAA
Section 175A

Section 107(d)(3)(E)(iv) of the CAA provides that for an area to be
redesignated to attainment, the Administrator must have fully approved
a maintenance plan for the area meeting the requirements of section
175A of the CAA. As described below, Oregon has complied with the core
requirements necessary for an approved maintenance plan. Accordingly,
today's action approves the maintenance plan for Grants Pass, Oregon.

K. Emissions Inventory--Attainment Year

The plan must contain an attainment year emissions inventory to
identify the level of emissions in the area which is sufficient to
attain the PM-10 NAAQS. This inventory is to be consistent with EPA's
most recent guidance on emissions inventories for nonattainment areas
available at the time and should represent emissions during the time
period associated with the monitoring data showing attainment. The
Grants Pass maintenance plan contains an accurate, current, and
comprehensive emission inventory for calendar year 1996. This year is
consistent with the design value which was calculated for 1996.

L. Demonstration of Maintenance

EPA policy contained in the September 4, 1992, Calcagni memo,
requires that the maintenance plan contain the same level of air
quality modeling to demonstrate maintenance that was used in the
original attainment plan to demonstrate attainment. The Grants Pass
attainment plan approved by EPA on December 17, 1993, contained simple
proportional modeling. This approach was acceptable because Grants Pass
is a simple air shed and residential wood combustion is a primary
source of emissions contributing to the measured violations. EPA agreed
with Oregon that simple proportional modeling of emissions from 1996 to
the maintenance year of 2015 and the use of the 1996 design value would
be an adequate approach for the maintenance demonstration. Oregon
projected emissions for the Grants Pass area to 2015 using appropriate
growth factors for population and industrial growth. The increase in
emissions from 1996 to 2015 was used to predict both worst case 24-hour
PM-10 and annual PM-10 concentrations.
The 24-hour 1996 design value is 78 [mu]g/m³. The 1996
annual design value is 20 [mu]g/m³. Using the 1996 emission
inventory and the emissions growth projections to 2015 of approximately
15%, maintenance year PM-10 concentrations can be calculated. This
emission growth is due to population growth and at the same time offset
by reduction in woodstove emission due to the turnover of uncertified
stoves. The projected PM-10 levels will be 89 [mu]g/m³ worst
case 24-hour concentration and 21.4 [mu]g/m³ annual average
concentration in 2015. The 24-hour and annual standards will be
maintained.

M. Monitoring Network and Verification of Continued Attainment

Continued ambient monitoring of an area is required over the
maintenance period. Section 4.55.4.3 of the Grants Pass maintenance
plan provides for adequate ambient monitoring to be continued in the
area for the maintenance period.

N. Contingency Plan

Section 175A of the Act requires that a maintenance plan include
contingency provisions, as necessary, to correct any violation of the
NAAQS that occurs after redesignation. At a minimum, the contingency
provisions must include a commitment that the State implement all
measures contained in the nonattainment SIP prior to redesignation.
The Grants Pass maintenance plan continues implementation of the
control measures contained in the nonattainment area SIP, with the
exception of the nonattainment area

[[Page 61114]]

major new source review. Major new source review will continue through
the PSD program. Thus, the State has met the minimum requirement.
In addition to the minimum requirements, the Grants Pass
maintenance plan contains a contingency plan that consists of two
phases. Phase I is triggered if any PM-10 concentration equals or
exceeds 120 [mu]g/m³, 24-hour average. Phase I would require
a review of the conditions that caused the high concentrations and
recommendations of strategies to address them. Phase 2 of the
contingency plan is triggered upon recording a violation of the 24-hour
PM-10 standard. Phase 2 of the contingency plan would require the
implementation of strategies identified in Phase I as well as
nonattainment permitting requirements for all new or modified major
sources.

O. Transportation Conformity

Section 176(c)(2)(A) of the CAA requires regional transportation
plans to be consistent with the motor vehicle emissions budget (MVEB)
contained in the applicable air quality plans for the Grants Pass area.
Unless EPA receives adverse comments on the MVEB for Grants Pass, the
motor vehicle emissions budget is deemed adequate to maintain the PM-10
standards through the maintenance year of 2015. The Oregon Department
of Transportation, and the U.S. Department of Transportation are
required to use the MVEB in this maintenance plan for future
transportation conformity determinations.
The MVEB to protect the 24-hour National Ambient Air Quality
Standards for PM-10 is proposed for approval for Grants Pass as
follows:

Grants Pass PM10 Motor Vehicle Emissions Budget (Pounds Per Winter Day)
----------------------------------------------------------------------------------------------------------------

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Year........................................ 2000 2005 2010 2015
MVEB........................................ 5664 6048 6431 6813
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Note that MVEB for intervening years must be interpolated. The TSD
summarizes how the MVEBs meets the adequacy criteria contained in the
transportation conformity rule (40 CFR 93.118(e)(4)).

VI. Final Action

EPA is approving the Grants Pass PM-10 maintenance plan and
redesignating the Grants Pass, Oregon PM10 nonattainment area to
attainment.

VII. General Information

A. How Can I Get Copies of This Document and Other Related Information?

1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office, under
Docket number OR-02-003. The official public file consists of the
documents specifically referenced in this action, and other information
related to this action. The official public rulemaking file is
available for public viewing at the Office of Air Quality, (OAQ-107),
EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. EPA requests that,
if at all possible, you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. EPA's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal Holidays.
2. Copies of the State submission and EPA's technical support
document are also available for public inspection during normal
business hours, by appointment at the Oregon Department of
Environmental Quality, 811 SW. Sixth Avenue, Portland, Oregon 97204-
1390.
3. Electronic Access. You may access this Federal Register document
electronically through the Regulations.gov Web site located at http://www.regulations.gov
where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or on paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.

B. How and to Whom Do I Submit Comments?

You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking OR-02-003'' in the subject line
on the first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. 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.
a. E-mail. You may send comments by electronic mail (e-mail) to r10.aircom@epa.gov, please including the text ``Public comment on
proposed rulemaking OR-02-003'' in the subject line. EPA's e-mail
system is not an ``anonymous access'' system. If you send an e-mail
comment directly without going through Regulations.gov, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket.
b. Regulations.gov. You may use Regulations.gov as an alternative
method to submit electronic comments

[[Page 61115]]

to EPA. Go directly to Regulations.gov at http://www.regulations.gov,
then select Environmental Protection Agency at the top of the page and
use the ``go'' button. The list of current EPA actions available for
comment will be listed. Please follow the online instructions for
submitting comments. The system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
c. Disk or CD ROM. You may submit comments on a disk or CD ROM that
you mail to the mailing address identified in Section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: Steven K. Body, Office of Air
Quality, (OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle,
Washington, 98101. Please include the text ``Public comment on proposed
rulemaking OR-02-003'' in the subject line on the first page of your
comment.
3. By Hand Delivery or Courier. Deliver your comments to: Steven K.
Body, Office of Air Quality, (OAQ-107), EPA Region 10, 1200 Sixth
Avenue, Seattle, Washington, 98101. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m. excluding Federal holidays.

C. How Should I Submit CBI to the EPA?

Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
to be CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, 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 CBI). EPA will not disclose information so
marked except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any 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 official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.

VIII. 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 6, 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 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 December 26, 2003. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.

[[Page 61116]]

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: October 2, 2003.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations
are 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)(141) to read as
follows:

Sec. 52.1970 Identification of plan.

* * * * *
(c) * * *
(141) On November 4, 2002, the Oregon Department of Environmental
Quality requested the redesignation of Grants Pass to attainment for
PM-10. The State's maintenance plan and the redesignation request meet
the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rules 340-204-0030 (except Notes) and
340-204-0040 (except Notes), as effective October 8, 2002.

0
3. Section 52.1973(e)(2) is revised to read as follows:

Sec. 52.1973 Approval of plans.

* * * * *
(e) * * *
(2) EPA approves as a revision to the Oregon State Implementation
Plan, the Grants Pass PM-10 maintenance plan submitted to EPA on
November 4, 2002.
* * * * *

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

0
2. In Sec. 81.338, the table entitled ``Oregon PM-10'' the entry for
``Grants Pass (the Urban Growth Boundary area)'' is revised to read as
follows:

Sec. 81.388 Oregon.

* * * * *

Oregon--PM-10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Grants Pass (the Urban Growth Boundary 12/26/2003 Attainment
area).

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *
[FR Doc. 03-26917 Filed 10-24-03; 8:45 am]

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