
[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Rules and Regulations]
[Pages 29359-29361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11790]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0139 FRL-9911-23-Region-10]


Approval and Promulgation of Implementation Plans; State of 
Oregon; Approval of Substitution for Transportation Control Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is making an 
administrative change to update the Code of Federal Regulations (CFR) 
to reflect a change made to the Oregon State Implementation Plan (SIP) 
on December 11, 2013. The EPA has concurred on a substitute 
transportation control measure (TCM) for the Portland Area Carbon 
Monoxide Maintenance Plan portion of the Oregon SIP. On January 14, 
2014, the Oregon Department of Environmental Quality (ODEQ) submitted a 
revision to the Oregon SIP requesting that the EPA update its SIP to 
reflect a substitution of a TCM. The substitution was made pursuant to 
the TCM substitution provisions contained in the Clean Air Act (CAA). 
The EPA concurred with this substitution on April 16, 2014. In this 
administrative action, the EPA is updating the non-regulatory 
provisions of the Oregon SIP to reflect the substitution. The 
substitution that the EPA concurred with is an equivalent method for 
assessing the transit service increase TCM.

DATES: This action is effective May 22, 2014.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following location: US 
Environmental Protection Agency, Region 10, Office of Air, Waste, and 
Toxics (OAWT-107), 1200 Sixth Avenue, Seattle, Oregon 98101. Publicly 
available docket materials are available either electronically at 
www.regulations.gov or in hard copy during normal business hours at the 
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, 
Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Justin A. Spenillo, EPA Region 10, 
(206) 553-6125, spenillo.justin@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. This Action
II. Statutory and Executive Order Review

I. This Action

    On April 16, 2014, the EPA concurred with a determination by the 
ODEQ and Metro, the metropolitan planning organization for the Portland 
area, that the replacement of a transit service increase TCM with an 
equivalent substitute transit service increase TCM met the requirements 
of CAA section 176(c)(8). (See also EPA's Guidance for Implementing the 
CAA section 176(c)(8) Transportation Control Measure Substitution and 
Addition Provision contained in the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users which was 
signed into law on August 10, 2005, dated January 2009.) This action 
provides notice of the EPA's concurrence with this substitution, and 
codifies the substitute transportation control measure in the Federally 
approved Oregon SIP. The substitution replaces the existing transit 
service increase TCM with a TCM containing an equivalent method for 
assessing the transit service increase. The substituted TCM is: 
``Transit Service Increase: Regional transit service revenue hours 
(weighted by capacity) shall be increased 1.0% per year. The increase 
shall be assessed on the basis of

[[Page 29360]]

cumulative average of actual hours for assessment conducted for the 
entire second ten-year Portland Area Carbon Monoxide Maintenance Plan 
(2007-2017). Transit service increase will be assessed on the basis of 
fiscal year (July 1-June 30) beginning with FY 2008.''
    The TCM substitution process is collaborative, and includes 
participation by all affected jurisdictions and agencies, consultation 
with the EPA, and reasonable notice and opportunity for public comment. 
To develop a substitute TCM, the ODEQ and Metro consulted with the 
Transportation Policy Advisory Committee (TPAC), a technical advisory 
committee of the Joint Policy Advisory Committee on Transportation 
(JPACT) that is comprised of elected officials and representatives of 
agencies involved in transportation in the Portland area and includes 
representatives from the community, state and regional partners, and 
local jurisdictions. Public notice and comment was provided by Metro in 
coordination with the ODEQ. The public notice was published in The 
Oregonian on July 15, 2013, along with being posted on the ODEQ's Web 
page on July 15, 2013, published in the August 2013 Oregon Bulletin, 
and multiple other forms of notice as described in the docket.
    Through the concurrence process, the EPA determined that the 
requirements of CAA section 176(c)(8) were satisfied, including the 
requirements that the substitute measures (1) achieve equivalent or 
greater emissions reductions than the control measure to be replaced, 
(2) are implemented on a schedule consistent with the schedule for the 
existing TCM, (3) have adequate personnel, funding and authority under 
state or local law to implement, monitor and enforce, and (4) are 
jointly concurred upon by the ODEQ, the EPA and Metro. Upon the EPA's 
concurrence, the transit service increase TCM substitution took effect 
as a matter of Federal law. A copy of the EPA's concurrence letter 
along with the ODEQ's letter submittal and additional support material 
is included in the Docket for this action. This letter can be accessed 
at www.regulations.gov using Docket ID No. EPA-R10-OAR-2014-0139. In 
accordance with the requirements for TCM substitution, on January 14, 
2014, the ODEQ submitted a request for the EPA to update the Portland 
Area Carbon Monoxide portion of the Oregon SIP to reflect the EPA's 
concurrence on transit service increase TCM substitution in its SIP 
(the subject of this administrative change). Today, the EPA is taking 
administrative action to update the non-regulatory provisions of the 
Oregon SIP in 40 CFR 52.1970 (e) to reflect the EPA's concurrence on 
the transit service TCM substitution.

                                                       State of Oregon Air Quality Control Program
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 State effective
            SIP citation                   Title/subject              date                     EPA approval date                     Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 4...........................  Control Strategies for     4.58 12/15/2004;  4.58 1/24/2006, 71 FR 3768;               4.58 Portland Area CO
                                       Nonattainment Areas.                                                                   Maintenance Plan 2nd 10-
                                                                                                                              year.
                                                                 4.58 12/11/2013;  4.58 5/22/2014 [Insert FR number]         4.58 Portland Area CO
                                                                                                                              Maintenance Plan 2nd 10-
                                                                                                                              year; TCM substitution
                                                                                                                              update 4.58.3.2.2.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Immediate notice of this action in the Federal Register benefits the 
public by providing the public notice of the updated Federally approved 
Oregon SIP and ``Identification of Plan'' portion of the Code of 
Federal Regulations.

II. Statutory and Executive Order Reviews

    This action does not have federalism implications. It will 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. Thus, Executive Order 13132 does 
not apply to this action.
    Although section 6 of Executive Order 13132 does not apply to this 
action, the EPA did consult with representatives of state and local 
governments in taking this action. This action does not have tribal 
implications, as specified in Executive Order 13175 (65 FR 67249, 
November 9, 2000), as it does not affect any tribal groups. Thus, 
Executive Order 13175 does not apply to this action.
    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. The EPA has determined that this 
administrative action will not have disproportionately high and adverse 
human health or environmental effects on minority or low-income 
populations because it does not affect the level of protection provided 
to human health or the environment.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference.

    Dated: May 6, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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(e), the table titled ``State of Oregon Air Quality 
Control Program'' is amended by revising entry 4.58 under ``Section 4: 
``Control Strategies for Nonattainment Areas'' to read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (e) * * *
* * * * *

[[Page 29361]]



                                                       State of Oregon Air Quality Control Program
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                                                                         State effective
          SIP citation                       Title/subject                    date                   EPA Approval date                 Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Section 4......................  Control Strategies for Nonattainment  ..................
                                  Areas
 
                                                                      * * * * * * *
                                 ....................................    4.58 12/15/2004;  4.58 1/24/2006, 71 FR 3768;           4.58 Portland Area CO
                                                                                                                                  Maintenance Plan 2nd
                                                                                                                                  10-year.
                                 ....................................    4.58 12/11/2013;  4.58 5/22/2014 [Insert FR number]     4.58 Portland Area CO
                                                                                                                                  Maintenance Plan 2nd
                                                                                                                                  10-year; TCM
                                                                                                                                  substitution update
                                                                                                                                  4.58.3.2.2.
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[FR Doc. 2014-11790 Filed 5-21-14; 8:45 am]
BILLING CODE 6560-50-P


