[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Proposed Rules]
[Pages 28783-28785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10037]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2021-0393; FRL-9756-01-R10]


Air Plan Approval; OR; Vehicle Inspection Program and Medford-
Ashland PM10 Maintenance Plan Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Oregon state implementation plan (SIP) 
submitted by the State of Oregon (Oregon) on December 9, 2020 and 
December 22, 2021. The revisions update the SIP-approved vehicle 
inspection program for the Portland and Medford areas. The EPA is 
proposing to approve the SIP submittal as consistent with Clean Air Act 
(Act or CAA) requirements. Additionally, EPA is proposing to make a 
technical correction to the Medford-Ashland particulate matter 
(PM10) maintenance plan that incorrectly identified a 
street-sweeping commitment as a transportation control measure (TCM).

DATES: Comments must be received on or before June 10, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2021-0393, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from https://www.regulations.gov. EPA may publish 
any comment received to its public docket. Do not electronically submit 
any information you consider to be Confidential Business Information 
(CBI) or other information the disclosure of which is restricted by 
statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Claudia Vaupel, (206) 553-6121, 
[email protected].

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

I. Background for This Action

    Section 110 of the CAA requires states to develop and submit to the 
EPA SIPs to ensure that state air quality meets National Ambient Air 
Quality Standards (NAAQS). Each federally approved SIP protects air 
quality primarily by addressing air pollution at its point of origin 
through air pollution regulations and control strategies. The EPA-
approved SIP provisions and control strategies are federally 
enforceable. States revise the SIP as needed and submit revisions to 
the EPA for review and approval.

II. The State's Submittal

    On December 9, 2020 and December 22, 2021, Oregon submitted a SIP 
revision for the vehicle inspection program (VIP) in the Portland and 
Medford areas. Table 1 of this document lists the rule revisions 
included in the scope of the state's submissions. The SIP revision 
updates the rules to improve clarity, add requirements for the onboard 
diagnostics system, and remove references to the enhanced dynamometer 
test that is no longer required as of January 1, 2007.\1\
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    \1\ EPA approved phasing out the enhanced test on December 19, 
2011. (See 76 FR 78571).

     Table 1--Rule Revisions Included in Oregon's VIP SIP Submission
                      [Effective November 19, 2020]
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            Rule No. OAR 340-                       Rule title
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256-0010................................  Definitions.
256-0130................................  Visible Emissions: Motor
                                           Vehicle Fleet Operation.
256-0200................................  Certification of Pollution
                                           Control Systems: County
                                           Designations.
256-0300................................  Emission Control System
                                           Inspection: Scope.
256-0310................................  Emission Control System
                                           Inspection: Government-Owned
                                           Vehicle, Permanent Fleet
                                           Vehicle and United States
                                           Government Vehicle Testing
                                           Requirements.

[[Page 28784]]

 
256-0330................................  Emission Control System
                                           Inspection: Department of
                                           Defense Personnel
                                           Participating in the
                                           Privately Owned Vehicle
                                           Import Control Program.
256-0340................................  Emission Control System
                                           Inspection: Light Duty Motor
                                           Vehicle and Heavy Duty
                                           Gasoline Motor Vehicle
                                           Emission Control Test Method
                                           for Basic Program.
256-0350 (repeal).......................  Emission Control System
                                           Inspection: Light Duty Motor
                                           Vehicle Emission Control Test
                                           Method for Enhanced Program.
256-0355................................  Emission Control System
                                           Inspection: Emissions Control
                                           Test Method for OBD Test
                                           Program.
256-0356................................  Emission Control System
                                           Inspection: Emissions Control
                                           Test Method for On-Site
                                           Vehicle Testing for
                                           Automobile Dealerships.
256-0370................................  Emission Control System
                                           Inspection: Renewal of
                                           Registration for Light Duty
                                           Motor Vehicles and Heavy Duty
                                           Gasoline Motor Vehicles
                                           Temporarily Operating Outside
                                           of Oregon.
256-0380................................  Emission Control System
                                           Inspection: Light Duty Motor
                                           Vehicle Emission Control Test
                                           Criteria for Basic Program.
256-0390................................  Emission Control System
                                           Inspection: Heavy Duty
                                           Gasoline Motor Vehicle
                                           Emission Control Test
                                           Criteria.
256-0400................................  Emission Control System
                                           Inspection: Light Duty Motor
                                           Vehicle Emission Control
                                           Standards for Basic Program.
256-0410 (repeal).......................  Emission Control System
                                           Inspection: Light Duty Motor
                                           Vehicle Emission Control
                                           Standards for Enhanced
                                           Program.
256-0420................................  Emission Control System
                                           Inspection: Heavy-Duty
                                           Gasoline Motor Vehicle
                                           Emission Control Standards.
256-0440................................  Emission Control System
                                           Inspection: Criteria for
                                           Qualifications of Persons
                                           Eligible to Inspect Motor
                                           Vehicles and Motor Vehicle
                                           Pollution Control Systems and
                                           Execute Certificates.
256-0450................................  Emission Control System
                                           Inspection: Gas Analytical
                                           System Licensing Criteria for
                                           Basic Program.
256-0460 (repeal).......................  Emission Control System
                                           Inspection: Gas Analytical
                                           System Licensing Criteria for
                                           Enhanced Program.
256-0465................................  Emission Control System
                                           Inspection: Test Equipment
                                           Licensing Criteria for OBD
                                           Test Program.
256-0470................................  Emission Control System
                                           Inspection: Agreement With
                                           Independent Contractor;
                                           Qualifications of Contractor;
                                           Agreement Provisions.
------------------------------------------------------------------------

III. EPA's Evaluation

VIP Rule Revisions

    Oregon's submission amends language in the VIP definitions (OAR 
340-256-0010) to improve clarity, including removing definitions that 
are no longer needed (crankcase emissions, electric vehicle, enhanced 
test, GPM, Medford-Ashland Air Quality Maintenance Area (AQMA), 
motorcycle, noise level, oxides of nitrogen, Portland Vehicle 
Inspection Area, propulsion exhaust noise, two-stroke cycle engine) and 
adding new definitions (emissions franchised, HC, imported vehicle, 
permanent fleet vehicle, vehicle identification number). The submission 
also provides clarifying language in the provision for visible 
emissions of motor vehicle fleet operation (OAR 340-256-0130), the 
certification of pollution control systems (OAR 340-256-0200), and 
several provisions for the emission control system inspection (OAR 340-
256-0300, -0310, -0330, -0356, -0370, -0380, -0390, -0450, -0465, -
0470).\2\
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    \2\ In a December 22, 2021 letter to EPA (supplemental 
submission), Oregon requested that OAR 340-256-0100 be deleted from 
the scope of the December 9, 2020 submission. DEQ intends to re-
submit that provision in a future SIP submission.
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    In addition to improving clarity in the emission control system 
inspection scope (OAR 340-256-0300), the submission removes references 
to the enhanced dynamometer test and adds requirements for the onboard 
diagnostics system (OAR 340-256-0340, -0355, -0400, -0420, -0440). EPA 
approved phasing out Oregon's enhanced dynamometer test on December 19, 
2011 (76 FR 78571). The action proposed will update the regulations in 
the federally approved SIP to be consistent with EPA's 2011 approval of 
the phase out of specified VIP requirements.
    Oregon's submission also repealed three emission control system 
inspection provisions that were approved into the SIP (OAR-340-256-
0350, -0410, -0460). These provisions provided requirements for the 
enhanced test program that was no longer required as of January 1, 
2007.

Medford-Ashland Technical Correction

    EPA is proposing to make a technical correction concerning the 
naming convention of a Jackson County street sweeping commitment for 
the Oregon, Medford-Ashland maintenance area. The street sweeping 
commitment was included in the Medford-Ashland Particulate Matter 
(PM10) Maintenance Plan (Medford-Ashland SIP) adopted by the 
Oregon Environmental Quality Commission on December 10, 2004 and 
submitted to EPA on March 10, 2005. Oregon incorrectly identified the 
street sweeping commitment in the Medford-Ashland SIP as a 
``Transportation Control Measure'' (TCM) and on June 19, 2006, EPA took 
a direct final action to approve the Medford-Ashland SIP including the 
street sweeping commitment as a TCM (71 FR 35163). EPA erred in 
describing the street sweeping commitment as a TCM.
    A TCM is defined at 40 CFR 93.101 as ``any measure that is 
specifically identified and committed to in the applicable 
implementation plan . . . that is either one of the types listed in CAA 
section 108, or any other measure for the purpose of reducing emissions 
or concentrations of air pollutants from transportation sources by 
reducing vehicle use or changing traffic flow or congestion 
conditions.'' Although the street sweeping commitment was included in 
the Medford-Ashland SIP, it clearly does not meet the regulatory 
definition of a TCM because road cleaning measures do not reduce 
vehicle use or change traffic flow or congestion conditions nor is it 
one of the types of TCMs listed in CAA section 108.
    Because the street sweeping commitment was erroneously identified 
as a TCM, the EPA proposes to correct the nomenclature used to describe 
the measure and clarify that the street sweeping commitment in the 
Medford-Ashland SIP is not a TCM, within the meaning of 40 CFR 93.101, 
upon final action on this proposal. The EPA notes that the Medford-
Ashland SIP was never required to include TCMs because former 
PM10 non-attainment areas are not required to include TCMs. 
This action, thus, clarifies that Oregon is not obliged to treat the 
street sweeping commitment in its SIP as a TCM.

IV. Proposed Action

    EPA is proposing to approve the SIP revision submitted by Oregon on 
December 9, 2020 and December 22, 2021. EPA is also proposing to 
correct the nomenclature in the Medford-Ashland PM10 
maintenance plan used to

[[Page 28785]]

describe the street sweeping control measure as a TCM.

V. Incorporation by Reference

    In this document, EPA is proposing to include in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the provisions described in Section III of this preamble. 
Also, in this document, the EPA is proposing to remove, in a final EPA 
rule, regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, EPA is proposing to remove 
the incorporation by reference of OAR-340-256-0350, -0410, -0460 as 
described in Section III of this preamble. EPA has made, and will 
continue to make, these documents generally available through https://www.regulations.gov and at the EPA Region 10 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the EPA Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those already imposed by 
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, this proposed rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.


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

    Dated: May 4, 2022.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2022-10037 Filed 5-10-22; 8:45 am]
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