

[Federal Register: March 22, 2006 (Volume 71, Number 55)]
[Rules and Regulations]               
[Page 14399-14406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr06-15]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R10-OAR-2006-0010; FRL-8041-9]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Lakeview PM10 Maintenance Plan and Redesignation Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action 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. 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.

[[Page 14400]]


DATES: This direct final rule will be effective May 22, 2006, without 
further notice, unless EPA receives adverse comments by April 21, 2006. 
If 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: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2006-0010, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Mail: Donna Deneen, Office of Air, Waste and Toxics, AWT-
107, EPA, Region 10, 1200 Sixth Ave., Seattle, Washington 98101.
     Hand Delivery: EPA, Region 10 Mail Room, 9th Floor, 1200 
Sixth Ave., Seattle, Washington 98101. Attention: Donna Deneen, Office 
of Air, Waste and Toxics, AWT-107. Such deliveries are only accepted 
during normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2006-0010. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov The http://www.regulations.gov. Web site is an 

``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some 

information is not publicly available, such as 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 in http://www.regulations.gov
 or in hard copy at EPA Region 10, Office of Air, 

Waste and Toxics, 1200 Sixth Avenue, Seattle, Washington. EPA requests 
that, if possible, you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection.

FOR FURTHER INFORMATION CONTACT: Donna Deneen at telephone number: 
(206) 553-6706, e-mail address: deneen.donna@epa.gov, fax number: (206) 
553-0110, or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'' or ``our'' are used, we mean EPA.

Table of Contents

I. General Overview
    A. What Action Are We Taking?
    B. What Is the Background for This Action?
    1. Description of the Area
    2. Nonattainment History of the Lakeview Area
    3. Description of the Air Quality Problem
II. Review of Maintenance Plan
    A. What Criteria Did EPA Use To Review the Maintenance Plan?
    1. Attainment Emissions Inventory (and Future Year Inventory)
    2. Maintenance Demonstration
    3. Monitoring Network
    4. Verification of Continued Attainment
    5. Contingency Plan
    B. What Do We Conclude About the Maintenance Plan?
III. Review of Redesignation Request
    A. What Criteria Did EPA Use To Review the Request for 
Redesignation?
    1. Attainment of the NAAQS
    2. SIP Nonattainment Area Plan Approval Under Section 110(k)
    3. Permanent and Enforceable Improvements in Air Quality
    4. Section 110 and Part D Requirements
    a. Section 110 Requirements
    b. Part D Requirements
    i. Section 172(c) Plan Provisions
    ii. Subpart 4 Requirements
    5. Transportation Conformity
    6. Maintenance Plans
    B. What Do We Conclude About the Request for Redesignation?
IV. Statutory and Executive Order Reviews

I. General Overview

A. What Action Are We Taking?

    We are taking direct final action to approve the SIP revision and 
redesignation request submitted by the State of Oregon Department of 
Environmental Quality (DEQ or State) on October 25, 2005, for the 
Lakeview, Oregon PM10 nonattainment area (Lakeview 
nonattainment area). We are approving the State's SIP revision and 
request for redesignation 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 (NAAQS) and all other requirements of the Clean Air Act (the 
Act) for redesignation to attainment are met. See the Technical Support 
Document (TSD) accompanying this notice for further supporting 
documentation.

B. What Is the Background for This Action?

1. Description of the Area
    Lakeview is located in southern Oregon about 96 miles east of 
Klamath Falls at an elevation of about 4800 feet. The area is typified 
by semi-arid climate where annual rainfall is 13 inches. The Lakeview 
Urban Growth Boundary (UGB), which defines the nonattainment area 
boundaries, had an estimated population of 3,656 in 2000. The 
population is projected to grow to just over 4,500 by 2025.
    Lakeview can experience very strong nighttime inversions that break 
up with daytime solar heating. In the wintertime, arctic air masses 
frequently move over the Goose Lake Basin. Temperatures can remain well 
below freezing for several weeks at a time. Winter nights are commonly 
clear and cool in the basin.
2. Nonattainment History of the Lakeview Area
    On July 1, 1987 (52 FR 24634), the Environmental Protection Agency 
(EPA) revised the National Ambient Air Quality Standards (NAAQS) for 
particulate matter with a new indicator that includes only those 
particles with an aerodynamic diameter less than or equal to a nominal 
10 micrometers (PM10). See 40 CFR 50.6. The 24-hour primary 
PM10 standard is 150 micrograms per cubic meter ([mu]g/
m\3\), with no more than one expected exceedance per year over a three 
year period. The annual primary PM10

[[Page 14401]]

standard is 50 [mu]g/m\3\ expected annual arithmetic mean over a three 
year period. The secondary PM10 standards are identical to 
the primary standards.
    By operation of law upon enactment of the 1990 Clean Air Act 
Amendments, Lakeview, Oregon was designated ``unclassifiable'' for 
PM10 due to a lack of air quality monitoring data (see Clean 
Air Act section 107(d)(4)(B)(iii)). The State of Oregon subsequently 
conducted monitoring in the Lakeview area to verify PM10 
concentrations and determine if its designation status should be 
revised.
    Based on monitoring data showing violation of the PM10 
standard, on December 29, 1992, the Governor of Oregon requested that 
Lakeview be redesignated to nonattainment for PM10. 
Additionally, Oregon requested that the nonattainment area be defined 
as the Lakeview Urban Growth Boundary. EPA approved these requests and 
redesignated Lakeview as nonattainment for PM10 and 
classified it as moderate effective December 25, 1993 (58 FR 49931).
    The State developed a nonattainment area SIP revision designed to 
bring about attainment of the PM10 NAAQS. Oregon's Clean Air 
Act Part D initial PM10 plan (nonattainment area plan) for 
the Lakeview PM10 nonattainment area was submitted on June 
1, 1995. EPA approved the Lakeview PM10 nonattainment area 
plan on September 21, 1999. 64 FR 51051.
    In order for the Lakeview nonattainment area to be redesignated to 
attainment for PM10, a 10-year maintenance plan and 
redesignation request is required for the area. A SIP revision 
containing these elements was submitted to EPA on October 25, 2005. We 
are approving both these elements in this action.
3. Description of the Air Quality Problem
    The Lakeview area violated the Federal 24-hour PM10 
standard of 150 [mu]g/m\3\ on multiple dates in 1991, 1992, 1993, and 
1994. The highest 24-hour average PM10 concentration of 256 
[mu]g/m\3\ was recorded on January 27, 1993. The last 24-hour 
exceedance of 184 [mu]g/m\3\ was recorded on January 19, 1994.
    Higher levels of PM10 are typically a wintertime problem 
in Lakeview due to temperature inversions that trap particulate matter 
emissions in the area. Wintertime emissions sources include area 
sources (wood stoves/fireplace emissions and fugitive dust) and 
industrial sources.
    There have been no PM10 exceedances in Lakeview since 
1994. Based on data measured after 1994, the Lakeview area attained the 
24-hour PM10 NAAQS by the Clean Air Act deadline of December 
31, 1999.
    The area has never exceeded the annual NAAQS of 50 [mu]g/m\3\. The 
highest annual average PM10 concentration for Lakeview was 
31.7 [mu]g/m\3\ in 1992. The area meets the annual PM10 
NAAQS.

II. Review of Maintenance Plan

A. What Criteria Did EPA Use To Review the Maintenance Plan?

    Section 107(d)(3)(E) of the Act stipulates that for an area to be 
redesignated to attainment, EPA must fully approve a maintenance plan 
which meets the requirements of Section 175A. Section 175A defines the 
general framework of a maintenance plan, which must provide for 
maintenance (i.e., continued attainment) of the relevant NAAQS in the 
area for at least ten years after redesignation. The following is a 
list of core provisions required in an approvable maintenance plan.
    1. The State must develop an attainment emissions inventory to 
identify the level of emissions in the area which is sufficient to 
attain the NAAQS.
    2. The State must demonstrate maintenance of the NAAQS.
    3. The State must verify continued attainment through operation of 
an appropriate air quality monitoring network.
    4. The maintenance plan must include contingency provisions to 
promptly correct any violation of the NAAQS that occurs after 
redesignation of the area.
    As explained below, the PM10 maintenance plan for the 
Lakeview nonattainment area complies with each of these requirements.
1. Attainment Emissions Inventory (and Future Year Inventory)
    The State submitted a PM10 attainment emissions 
inventory for 2001, a year in which no PM10 exceedances 
occurred and one of the five years used to determine the area's 
PM10 design value for the maintenance plan. Based on the 
2001 worst case day emissions inventory, area sources (mainly wood 
stoves/fireplace emissions and fugitive dust) account for 59 percent of 
the emissions. The rest are attributed to industrial sources, onroad 
sources, nonroad sources and natural sources. These account for 28 
percent, 11 percent, 1 percent, and 1 percent, respectively. Annually, 
area sources accounted for 40 percent of the emissions, with 
industrial, onroad, nonroad, and natural sources accounting for 30 
percent, 21 percent, 8 percent, and 1 percent, respectively.
    The state also submitted a 2017 emissions inventory to correspond 
with the end of the 10 year period covered by the Lakeview maintenance 
plan. The total emissions projected for 2017 are about 12 percent 
higher than those of the 2001 attainment inventory on a worst case day 
and 31 percent higher annually. The increase is primarily due to the 
use of allowable emissions from the existing point sources, and not 
primarily due to a projected increase in actual emissions. The 
projected growth in population, households, and industrial employment 
is expected to be about 1 percent per year and vehicle miles traveled 
(VMT) are projected to increase at 1.7 percent per year. In addition to 
the VMT projection of 1.7 percent per year, an additional ten percent 
was added to VMT to address future unanticipated transportation 
projects.
    Based on review of the emissions inventories, EPA concludes that 
the methods used to develop the emissions inventories are consistent 
with EPA guidelines. The assumptions and calculations were checked and 
found to be thorough and comprehensive. In sum, the State has 
adequately developed an attainment emissions inventory for 2001 that 
identifies the levels of emissions of PM10 in the area that 
is sufficient to attain the NAAQS. Further, the State has adequately 
developed a future year (2017) inventory for use in demonstrating 
maintenance with the NAAQS at least ten years after redesignation.
2. Maintenance Demonstration
    A State may generally demonstrate maintenance of the NAAQS by 
either showing that future emissions of a pollutant or its precursors 
will not exceed the level of the attainment inventory, or by modeling 
to show that the future mix of sources and emission rates will not 
cause a violation of the NAAQS. Under the Act, PM10 areas 
are required to submit modeled attainment demonstrations to show that 
proposed reductions in emissions will be sufficient to attain the 
applicable NAAQS. For these areas, the maintenance demonstration should 
be based upon the same level of modeling. The demonstration should be 
for a period of 10 years following the redesignation.
    EPA approved the use of proportional roll-back with receptor 
analysis for the Lakeview attainment demonstration. 64 FR 51051 
(September 21, 1999). The proportional rollback approach assumes

[[Page 14402]]

that future air quality levels are directly proportional to increases 
or decreases in total emissions for the area. Receptor analysis 
(chemical mass balance (CMB) in this case) determines the amount and 
kind of emission reductions that are required to attain the NAAQS. 
Using this combined approach, DEQ concluded that a significant 
reduction in woodsmoke would bring the total 24-hour PM10 
concentration below the NAAQS. The State subsequently implemented 
control measures to reduce woodsmoke, and soon after, the area's 
PM10 levels dropped. As of December 31, 1997 (which was 
prior to the area's Clean Air Act deadline), air quality data showed 
the Lakeview area attained the PM10 NAAQS.
    To demonstrate the area will continue to maintain the 
PM10 NAAQS, DEQ relied on the same level of modeling as was 
used for the attainment demonstration. DEQ used actual 24-hour 
emissions for 2001, the area's 2001 design value, and the projected 24-
hour emissions for the maintenance year of 2017 to estimate 24-hour 
PM10 levels in 2017. To predict worst case 2017 annual 
PM10 concentrations, DEQ used the increase in emissions from 
2001(actual emissions) to 2017 (projected emissions). Based on these 
assumptions, DEQ's modeling results show the estimated 24-hour 
PM10 concentration for Lakeview on a worst case day in 2017 
is 122 [mu]g/m\3\. The estimated annual concentration for Lakeview in 
2017 is 26 [mu]g/m\3\.
    In sum, the modeling results show that the Lakeview area will meet 
both the 24-hour and annual PM10 NAAQS at least until 2017. 
We therefore conclude that the State meets the requirements under 
section 175A of the Act to demonstrate maintenance of the NAAQS for 
PM10.
3. Monitoring Network
    DEQ has operated an ambient air quality monitoring network for 
PM10 in Oregon since the mid 1980s. The State network 
includes one monitoring site in Lakeview and utilizes EPA reference or 
equivalent method monitors and routine precision and accuracy checks of 
the monitoring equipment and makes necessary maintenance performed when 
warranted. EPA routinely reviews the State monitoring program and it 
meets Federal requirements.
4. Verification of Continued Attainment
    Once an area has been redesignated, the State must continue to 
operate an appropriate air quality monitoring network, in accordance 
with 40 CFR Part 58, to verify the attainment status of the area. The 
maintenance plan should contain provisions for continued operation of 
air quality monitors that will provide such verification. The Lakeview 
maintenance plan provides for continued ambient monitoring in the area.
5. Contingency Plan
    Section 175A of the Act also requires that a maintenance plan 
include contingency provisions, as necessary, to correct promptly any 
violation of the NAAQS that occurs after redesignation. These 
contingency measures are distinguished from those generally required 
for nonattainment areas under Section 172(c)(9). For the purposes of 
section 175A, a State is not required to have fully adopted contingency 
measures that will take effect without further action by the State in 
order for the maintenance plan to be approved. At a minimum, a 
contingency plan must require that the State will implement all 
measures contained in the Part D nonattainment plan for the area prior 
to redesignation.
    Under the maintenance plan, the State will continue to implement 
the measures contained in its Part D nonattainment plan. The measures 
carried over address the following sources: residential woodstoves, 
outdoor burning activities, winter road sanding, forest burning, an 
existing industrial source, and fugitive dust. With regard to new 
industrial sources, once Lakeview is redesignated to attainment and 
becomes a maintenance area, the PSD and maintenance NSR programs apply 
instead of the nonattainment NSR program. This means that Best 
Achievable Control Technology (BACT) will apply instead of Lowest 
Achievable Emission Rate (LAER) technology and the requirement to 
demonstrate compliance with a growth allowance cap (a provision 
specific to Oregon that is not required by PSD) and PSD increment will 
apply instead of the requirement to obtain offsets. By having 
maintenance NSR requirements in addition to PSD requirements, the 
Lakeview PM10 maintenance plan goes beyond what is required 
by the Clean Air Act.
    In addition to continuing to implement the measures contained in 
the Part D nonattainment area plan, the State provides for additional 
contingency measures under a ``phased'' approach. Phase One is 
triggered if PM10 concentrations equal or exceed 93 percent 
(140 [mu]g/m\3\) of the 24-hour or 90 percent (45 [mu]g/m\3\) of the 
annual NAAQS. If Phase One is triggered, the air quality committee and 
DEQ will evaluate the cause of the exceedance and recommend strategies 
to be considered for implementation. Within six months of the trigger, 
the committee will evaluate the cause of the near exceedance and if 
necessary, identify and recommend an action plan with a schedule for 
implementation of additional strategies as necessary to prevent an 
exceedance or violation of the PM10 standards. The schedule 
will include automatic implementation of more stringent requirements 
should Phase Two need to be implemented.
    Phase Two is triggered if a violation of the PM10 
standard occurs and is validated by DEQ. If Phase Two is triggered, 
reinstatement of nonattainment Part D New Source Review requirements 
for major sources of PM10 will automatically be implemented. 
In addition, strategies developed under Phase One, or re-evaluated 
under Phase Two, will be implemented on a schedule in an action plan, 
with all actions permanent and enforceable. The contingencies 
strategies to be considered include alternative heating systems, 
industrial strategies, a mandatory woodstove curtailment program, 
forest slash burning strategies, an uncertified woodstove ordinance, 
and outdoor burning restrictions.
    In carrying over all the control and contingency measures from the 
moderate area plan and providing for additional contingency measures 
under its phased approach, the Lakeview maintenance plan meets the 
contingency plan requirements under Section 175A of the Act.

B. What Do We Conclude About the Maintenance Plan?

    Based on our review of the Lakeview PM10 maintenance 
plan and for the reasons discussed above, we conclude that the 
requirements for an approvable maintenance plan under the Act have been 
met. Therefore, we are approving the maintenance plan for 
PM10 submitted for the Lakeview nonattainment area.

III. Review of Redesignation Request

A. What Criteria Did EPA Use To Review the Request for Redesignation?

    The criteria used to review the redesignation request are derived 
from the Act, the General Preamble, and a policy and guidance 
memorandum from John Calcagni, dated September 4, 1992, entitled 
Procedures for Processing Requests to Redesignate Areas to Attainment. 
Section 107(d)(3)(E) of the Act states that the EPA can redesignate an 
area to attainment if the following conditions are met:

[[Page 14403]]

    1. The Administrator has determined the area has attained the 
NAAQS.
    2. The Administrator has fully approved the applicable 
implementation plan under Section 110(k).
    3. The Administrator has determined that the improvement in air 
quality is due to permanent and enforceable reductions in emissions.
    4. The State has met all applicable requirements for the area under 
Section 110 and Part D.
    5. The Administrator has fully approved a maintenance plan, 
including a contingency plan, for the area under Section 175A.
1. Attainment of the NAAQS
    According to the Calcagni memorandum, the demonstration that the 
area has attained the PM10 NAAQS involves submitting ambient 
air quality data from an ambient air monitoring network representing 
peak PM10 concentrations. The data also should be recorded 
in the EPA's Air Quality System (AQS) database. The 24-hour 
PM10 NAAQS is 150 [mu]g/m\3\. An area has attained the 24-
hour standard when the average number of expected exceedances per year 
is less than or equal to one, when averaged over a three year period. 
40 CFR 50.6. To make this determination, three consecutive years of 
complete ambient air quality monitoring data must be collected in 
accordance with federal requirements (40 CFR Part 58, including 
appendices).
    Oregon's redesignation request for the Lakeview PM10 
nonattainment area is based on valid ambient air quality data for 1991 
through 2003. These data were collected and analyzed according to 40 
CFR 50.6 and 40 CFR Part 50, Appendix J and stored in EPA's Air Quality 
System (AQS). These data meet minimum quality assurance requirements 
and have been certified by the State as being valid.
    EPA reviewed the 1991-2004 PM10 data reported to EPA's 
Air Quality System (AQS) for the Lakeview nonattainment area. There 
have been no exceedences of the 24-hour PM10 standard since 
1994, and the area has attained the standard (the average number of 
expected exceedances averaged over a three year period has been less 
than or equal to one) since the three year period ending on December 
31, 1997.
    The annual PM10 NAAQS is 50 [mu]g/m\3\. To determine 
attainment, the expected annual mean PM10 concentration, 
which is the average of the weighted annual mean for three consecutive 
years, is compared to the annual standard. The weighted annual mean for 
each year, 1991 through 2004 for Lakeview, is below 50 [mu]g/m\3\ 
Because these values are below the 50 [mu]g/m\3\ standard, the 
nonattainment area is in attainment with the annual PM10 
NAAQS.
    The Lakeview nonattainment area in Oregon attained the 24-hour and 
annual PM10 NAAQS as of December 31, 1999, as required by 
the Clean Air Act. The area continues to be in attainment with both the 
24-hour and annual PM10 NAAQS.
2. SIP Nonattainment Area Plan Approval Under Section 110(k)
    In order for an area to qualify for redesignation, the SIP for the 
area must be fully approved under section 110(k) of the Act.
    Oregon's Clean Air Act Part D initial PM10 plan for the 
Lakeview PM10 nonattainment area was submitted on June 1, 
1995. EPA approved the Lakeview PM10 nonattainment area plan 
on September 21, 1999. 64 FR 51051. Thus, the area has a fully approved 
nonattainment area SIP.
3. Permanent and Enforceable Improvement in Air Quality
    The State must be able to reasonably attribute the improvement in 
air quality to permanent and enforceable emissions reductions. In 
making this showing, the State must demonstrate that air quality 
improvements are the result of actual enforceable emissions reductions. 
This showing should consider emission rates, production capacities, and 
other related information. The analysis should assume that sources are 
operating at permitted levels (or historic peak levels) unless evidence 
is presented that such an assumption is unrealistic.
    Improvements in air quality in the Lakeview nonattainment area are 
reasonably attributed to permanent and enforceable emissions 
reductions. A significant drop in peak PM10 concentrations 
occurred in the 1994-1995 timeframe, coinciding with implementation of 
the area's voluntary woodstove curtailment program and a mandatory 
woodstove change-out program. In addition to the voluntary woodstove 
curtailment program and the mandatory woodstove change-out program, 
Lakeview's permanent and enforceable control measures include a 
mandatory woodstove certification program requiring all new woodstoves 
sold in the State to be laboratory tested for emissions and efficiency 
prior to sale. In addition, DEQ relied on its major new source review 
program as a growth management strategy for industry.
    The State also has demonstrated that the improvement in air quality 
was not due to either economic or meteorological conditions. Lakeview 
has had a relatively steady population and unemployment rate since the 
early 1990s through 2003. The area's PM10 reductions do not 
appear to be the result of an economic recession.
    With regard to meteorology, DEQ compared the stagnation conditions 
during the 1991-92 through 1993-94 exceedance period to meteorological 
conditions in more recent years. In the past thirteen-year period 
(1991-92 to 2003-04) the most stagnant PM10 season was the 
1991-92 season when PM10 levels were high. The least 
stagnant PM10 season was in 2002-03 when the PM10 
concentrations were low. DEQ concluded that although it appears that 
PM10 concentrations seem to follow weather patterns and 
weather patterns show less poor ventilation recently, PM10 
concentrations have declined at a greater rate than ventilation has 
improved. We agree with DEQ's analysis and that it is reasonable to 
conclude that the steady decrease in PM10 concentrations 
from the early 1990s to the early 2000s is due to permanent and 
enforceable control measures and not to a change in economic or 
meteorological conditions.
4. Section 110 and Part D Requirements
    Before EPA may approve a redesignation request, the applicable 
programs under section 110 and Part D that were due prior to the 
submission of a redesignation request must be adopted by the State and 
approved by EPA into the SIP.
a. Section 110 Requirements
    Section 110(a)(2) of the Act contains general requirements for 
nonattainment area plans. These requirements include, but are not 
limited to, submission of a SIP that has been adopted by the State 
after reasonable notice and public hearing; provisions for 
establishment and operation of appropriate apparatus, methods, systems 
and procedures necessary to monitor ambient air quality; implementation 
of a permit program; provisions for Part C--Prevention of Significant 
Deterioration (PSD) and Part D--New Source Review (NSR) permit 
programs; criteria for stationary source emission control measures, 
monitoring, and reporting, provisions for modeling; and provisions for 
public and local agency participation.
    The Administrator has fully approved the applicable implementation 
plan under Section 110(k). In 40 CFR 52.1972, EPA has approved Oregon's 
SIP for the attainment and maintenance of the national standards under 
Section

[[Page 14404]]

110. We also fully-approved Oregon's nonattainment NSR program, most 
recently on January 22, 2003. 68 FR 29530. In addition, Oregon has a 
fully approved Prevention of Significant Deterioration (PSD) program, 
also approved on January 22, 2003. 68 FR 29530. See Oregon 
Administrative Rules Chapter 340, Divisions 200, 202, 209, 212, 216, 
222, 224, 225 and 268.
b. Part D Requirements
    Part D consists of general requirements applicable to all areas 
which are designated nonattainment based on a violation of the NAAQS. 
The general requirements are followed by a series of subparts specific 
to each pollutant. All PM10 nonattainment areas must meet 
the applicable general provisions of subpart 1 and the specific 
PM10 provisions in subpart 4, ``Additional Provisions for 
Particulate Matter Nonattainment Areas.'' The following paragraphs 
discuss these requirements as they apply to the Lakeview nonattainment 
area.
i. Section 172(c) Plan Provisions
    This section contains general requirements for nonattainment area 
plans. A thorough discussion of these requirements may be found in the 
general preamble to Title I (57 FR 13498 (April 16, 1992)). The 
requirements for reasonable further progress, identification of certain 
emissions increases, emissions inventory, and other measures needed for 
attainment are satisfied by the nonattainment area plan submitted for 
the Lakeview nonattainment area and approved on September 21, 1999. 64 
FR 51051.
ii. Subpart 4 Requirements
    As a moderate PM10 nonattainment area, the Lakeview, 
Oregon area must meet Part D, subpart 4, sections 189(a), (c), and (e) 
requirements before the area can be redesignated to attainment. These 
requirements must be fully approved into the SIP:
    (a) Provisions to assure that RACM was implemented by December 10, 
1993;
    (b) Either a demonstration that the plan provided for attainment as 
expeditiously as practicable but not later than December 31, 1994, or a 
demonstration that attainment by that date was impracticable;
    (c) Quantitative milestones which were achieved every 3 years and 
which demonstrate reasonable further progress (RFP) toward attainment 
by December 31, 1994;
    (d) Provisions to assure that the control requirements applicable 
to major stationary sources of PM10 also apply to major 
stationary sources of PM10 precursors, except where the 
Administrator determined that such sources do not contribute 
significantly to PM10 levels which exceed the NAAQS in the 
area.
    (e) Permit program under section 173 for the construction and 
operation of new and modified major stationary sources of 
PM10.
    EPA approved the nonattainment area plan for the Lakeview 
nonattainment area, which met the initial requirements of the 1990 
Clean Air Act for moderate PM10 nonattainment areas on 
September 21, 1999. 64 FR 51051. This plan met requirements for RACM/
BACM, demonstrating attainment, quantitative milestones, 
PM10 precursors, contingency measures, and quantitative 
milestones for demonstrating RFP. As mentioned above, the provisions 
related to NSR were most recently approved in the Oregon SIP most 
recently approved on January 22, 2003. 68 FR 29530. Oregon also has a 
fully approved PSD program, also approved on January 22, 2003. 68 FR 
29530. See Oregon Administrative Rules Chapter 340, Divisions 200, 202, 
209, 212, 216, 222, 224, 225 and 268.
5. Transportation Conformity
    Under section 176(c) of the Act, transportation plans, programs and 
projects in nonattainment or maintenance areas that are funded or 
approved under Title 23 U.S.C. or the Federal Transit Laws must conform 
to the applicable SIP. In short, a transportation plan is deemed to 
conform to the applicable SIP if the emissions resulting from the 
implementation of that transportation plan are less than or equal to 
the motor vehicle emissions level or ``budget'' established in the SIP 
for the maintenance year and other analysis years.
    DEQ has developed a PM10 MVEB for Lakeview through 2017 
that meets the transportation conformity criteria in 40 CFR 
93.118(e)(4). The motor vehicle emissions budget is established for all 
years. The budget is as follows:

        Lakeview PM10 Motor Vehicle Emissions Budget Through 2017
                    [Pounds PM10/24-hour winter day]
------------------------------------------------------------------------
                             Year                              All years
------------------------------------------------------------------------
Motor Vehicle Emissions Budget...............................        311
------------------------------------------------------------------------

    The TSD summarizes how the PM10 motor vehicle emissions 
budget meets the criteria contained in the conformity rule at 40 CFR 
93.118(e)(4).
6. Maintenance Plans
    Section 107(d)(3)(E) of the Act stipulates that for an area to be 
redesignated, EPA must fully approve a maintenance plan which meets the 
requirements of section 175A. A State may submit both the redesignation 
request and the maintenance plan at the same time and rulemaking on 
both may proceed on a parallel track.
    On October 25, 2005, DEQ submitted a PM10 maintenance 
plan and redesignation request for the Lakeview nonattainment area. In 
Section II above, we evaluated the plan and concluded that the 
requirements for an approvable maintenance plan under the Act have been 
met.

B. What Do We Conclude About the Request for Redesignation?

    Based on our evaluation of DEQ's October 25, 2005 SIP submittal, we 
conclude that all the requirements for redesignation in Section 
107(d)(3)(E) have been met. Therefore, we are redesignating of the 
Lakeview PM10 nonattainment area to attainment.

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,

[[Page 14405]]

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. 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 May 22, 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: February 24, 2006.
Julie M. Hagensen,
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) * * *
    (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 Boundary         5/22/06  Attainment.................
 area).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 14406]]

* * * * *
[FR Doc. 06-2701 Filed 3-21-06; 8:45 am]

BILLING CODE 6560-50-P
