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FEDERAL REGISTER
ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Part 81
Designation of Area for Air Quality Planning Purposes; Utah; Designation of Ogden City PM10 Nonattainment Area
60 FR 28726
SUMMARY: In this notice, EPA is revising the PM10 (particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers) National Ambient Air Quality Standards (NAAQS) designation for Ogden City, a portion of Weber County, Utah. previously, consistent with section 107(d)(3)(A) of the Act, EPA notified the Governor of Utah that Weber County, Utah should be redesignated from unclassifiable to nonattainment for PM10. The redesignation is based upon violations of the PM10 NAAQS which were monitored between January 1991 and January 1993. DATES: This final rule will become effective on September 26, 1995 unless adverse comments are received by August 28, 1995. If the effective date is delayed, timely notice will be published in the Federal Register. ADDRESSES: Comments should be addressed to: Douglas M. Skie, Chief, Air Programs Branch, EPA Region VIII, at the address listed below. Information supporting this action can be found at the following location: EPA Region VIII, Air Programs Branch, 999 18th Street, 3rd Floor, South Terrace, Denver, Colorado 80202-2466. The information may be inspected between 8 a.m. and 4 p.m., on weekdays, except for legal holidays. A reasonable fee may be charged for copying. FOR FURTHER INFORMATION CONTACT: Lee Hanley, Air Programs Branch, EPA Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, (303) 293-1760. SUPPLEMENTARY INFORMATION: A. General The EPA is authorized to initiate redesignation of areas (or portions thereof) as nonattainment for PM10 pursuant to section 107(d)(3) of the Act, on the basis of air quality data, planning and control considerations, or any other air quality-related considerations the Administrator deems appropriate. Following the process outlined in section 107(d)(3), on July 14,1994, the Administrator of EPA Region VIII requested that the Governor of Utah recommend a PM10 nonattainment designation for Weber County based upon six exceedances of the 24-hour PM10 NAAQS recorded between January 1991 and January 1993, ranging from 156 to 182mg/m3. Under section 107(d)(3)(B), the Governor of Utah was required to submit to EPA the designation he considered appropriate for Weber County within 120 days after EPA's notification. The Governor submitted a response recommending redesignation of Ogden City, Utah to nonattainment on January 9, 1995. Ogden City is within Weber County, but its boundaries are not coextensive with those of Weber County. Section 107(d)(1)(A) sets out definitions of nonattainment, attainment, and unclassifiable. A nonattainment area is defined as any area that does not meet (or that significantly contributes to ambient air quality in a nearby area that does not meet) the national primary or secondary ambient air quality standard for PM10.(See note 1) Further, section 107(d)(1)(A)(i) provides that a nonattainment area shall consist of that area violating the PM10 NAAQS or contributing significantly to violations in a nearby area. Generally, the PM10 nonattainment area boundaries are presumed to be, as appropriate, the county, township, or municipal subdivision in which the ambient particulate monitor recording the PM10 violations is located. EPA has presumed that this would include both the area violating the PM10 NAAQS and any area significantly contributing to the violations. However, a State may demonstrate that a boundary other than the county perimeter or municipal boundary may be more appropriate. Thus, in determining the appropriate boundaries for the nonattainment area, EPA has considered not only the area where the violations of the PM10 NAAQS are occurring, but nearby areas which significantly contribute to such violations. Based on the information provided by theGovernor, including monitoring data, EPA believes that the nonattainment boundaries submitted by the Governor are appropriate at this time. (1) The EPA has construed the definition of nonattainment area to require some material or significant contribution to a violation in a nearby area. The Agency believes it is reasonable to conclude that something greater than a molecular impact is required. Note: The boundaries of the nonattainment area may be adjusted as a result of analyses made during the SIP development process. B. Background for PM10 On July 1, 1987, the EPA revised the NAAQS for particulate matter (52 FR 24634), replacing total suspended particulates as the indicator for particulate matter with a new indicator called PM10, that includes only those particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers. At the same time, EPA set forth the regulations for implementing the revised particulate matter standards and announced EPA's State Implementation Plan (SIP) development policy, elaborating PM10 control strategies necessary to assure attainment and maintenance of the PM10 NAAQS (see generally 52 FR 24672). The EPA adopted a PM10 SIP development policy dividing all areas of the country into three categories based upon their probability of violating the new NAAQS: (1) Areas with a strong likelihood of violating the new PM10 NAAQS and requiring substantial SIP adjustment were placed in Group I; (2) areas that might well have been attaining the PM10 NAAQS and whose existing SIPs most likely needed less adjustment were placed in Group II; and (3) areas with a strong likelihood of attaining the PM10 NAAQS and, therefore, needing adjustments only to their preconstruction review program and monitoring network were placed in Group III (52 FR 24672, 24679-24682). At that time, Ogden City was categorized as a Group III area. Pursuant to section 107(d)(4)(B) of the Act, areas previously identified as Group I and other areas which had monitored violations of the PM10 NAAQS prior to January 1, 1989, were, by operation of law upon enactment of the 1990 Amendments, designated nonattainment for PM10. All other areas of the Country, such as the Ogden City area, were similarly designated unclassifiable for PM10 (see section 107(d)(4)(B)(iii) of the Act; 40 CFR 81.327 (1992) as amended by 57 FR 56762, 56772 (Nov. 30, 1992) (PM10 designations for Utah).) After EPA adopted the PM10 NAAQS, EPA identified and listed the Group I and Group II areas in a Federal Register document published on August 7, 1987, (52 FR 29383). In that document, EPA indicated that Group III areas consisted of that portion of a State not placed in Group I or II. Descriptions of the areas identified as Group I and II areas were later clarified in a Federal Register document dated October 31, 1990 (55 FR 45799). That notice also identified Group II areas which violated the standards prior to January 1, 1989. EPA announced all areas which were designated nonattainment by operation of law for PM10 upon enactment of the 1990 Amendments in a Federal Register document dated March 15, 1991 (56 FR 11101). In addition, EPA has published a follow-up document correcting the boundaries and designations of some of the areas in light of comments received addressing the March 1991 document (see 56 FR 37654 (August 8, 1991).) Formal codification in 40 CFR part 81 of those areas designated nonattainment for PM10 by operation of law upon enactment was announced in a Federal Register document dated November 6, 1991, (56 FR 56694). The November 6, 1991 Federal Register document was subsequently amended on November 30, 1992 (57 FR 56762). II. Final Action As noted above, pursuant to section 107(d)(3) of the Act, EPA is authorized to initiate the redesignation of areas as nonattainment for PM10. Based on six exceedances of the 24-hr PM10 NAAQS recorded between January 1991 and January 1993, EPA notified the Governor of Utah on July 14, 1994, that the air quality designation for Weber County should be revised from unclassifiable to nonattainment for PM10 (see 40 CFR 50.6.). In response to EPA's July 14, 1994, letter, EPA received a letter dated January 9, 1995, from the Governor of Utah requesting that Ogden City, in a portion of Weber County, Utah, be redesignated as nonattainment for PM10. EPA is taking final action to redesignate Ogden City, Utah to nonattainment for PM10. EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial action and anticipates no adverse comments. However, in a separate document in this Federal Register publication, EPA is proposing to redesignate the area to nonattainment should adverse or critical comments be filed. Under theprocedures established in the May 10, 1994 Federal Register (59 FR 24054), this action will be effective September 26, 1995 unless, by August 28, 1995, adverse or critical comments are received. If such comments are received, this action will be withdrawn before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on this action serving as a proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. If no such comments are received, the public is advised that this action will be effective on September 26, 1995. III. Significance of This Action for Ogden City, Utah Ogden City is being redesignated as a moderate PM10 nonattainment area. Utah must submit an implementation plan to EPA for this area within 18 months after the effective date of this nonattainment redesignation. The plan must meet the requirements of Part D, Title I of the Act (see section 189(a)(2)(B) of the Act). The Clean Air Act provides that the plan for the area must contain, among other things, the following requirements: 1. Either a demonstration (including air quality modeling) that the plan will provide for attainment of the PM10 NAAQS as expeditiously as practicable, but no later than the end of the sixth calendar year after the area's designation as nonattainment, or ademonstration that attainment by such date is impracticable; 2. Provisions to ensure that reasonably available control measures (including reasonably available control technology) are implemented within 4 years of the redesignation; 3. A permit program meeting the requirements of section 173 governing the construction and operation of new and modified major stationary sources of PM10; and 4. Quantitative milestones which are to be achieved every three years until the area is redesignated attainment and which demonstrate reasonable further progress, as defined in section 171(l), toward timely attainment. See. e.g, sections 188(c), 189(a), 189(c) and 172(c) of the Act. EPA has issued detailed guidance on the statutory requirements applicable to moderate PM10 nonattainment areas. (see 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28, 1992).) In taking final action to redesignate Ogden City as nonattainment, EPA is also establishing a date by which the State must submit the contingency measures required by section 172(c)(9) of the Act (see 57 FR 13498 at 13510-13512 and 13543-13544). Section 172(b) of the Act provides that such date shall not be later than 3 years from the date of the nonattainment redesignation. The due date established for submittal of the contingency measures is 18 months from this redesignation. This due date coincides with the due date for the rest of the moderate PM10 nonattainment area SIP. VI. Other Regulatory Requirements A. Regulatory Flexibility Act Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000. Redesignation of an area to nonattainment under section 107(d)(3) of the Act does not impose any new requirements on small entities. Redesignation is an action that affects the planning status of a geographical area and does not in itself, impose any regulatory requirements on sources. To the extent that the State must adopt new regulations based on the area's nonattainment status, EPA will review the effect of those actions on small entities at the time the State submits those regulations. I certify that approval of the redesignation request will not affect a substantial number of small entities. B. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 ("UMRA"), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with "Federal mandates" that may result in expenditures to State, local and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. When a written statement is needed for an EPA rule, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, giving them meaningful and timely input in the development of EPA regulatory proposals with significant federal intergovernmental mandates, and informing, educating, and advising them on compliance with the regulatory requirements. EPA has determined that this rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, or tribal governments in the aggregate, or for the private sector, in any one year. Redesignation of an area to nonattainment under section 107(d)(3) of the Clean Air Act affects the air quality planning status of an area and does not, in itself, impose any regulatory requirements on sources and, therefore, does not impose any mandates or costs on the private sector. Redesignation of an area to nonattainment, however, does trigger an obligation of the State to develop, adopt and submit to EPA certain State Implementation Plan revisions under part D of title I of the Clean Air Act. EPA hasdetermined that the cost to the State government of developing, adopting and submitting any necessary State Implementation Plan revisions will not exceed $100 million. Thus, today's rule is not subject to the requirements of sections 202 and 205 of the UMRA. EPA has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments because only the State government has to take any action as a result of today's rule. C. Petition Language Under section 307(b)(1) of the Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 26, 1995. 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)). Executive Order 12866 The OMB has exempted this action from the requirements of Section 6 of Executive Order 12866. List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: July 19, 1995. Jack McGraw, Acting Regional Administrator. 40 CFR part 81 is amended as follows: PART 81--[AMENDED] 1. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401-7671q. 2. In Sec. 81.345 the table for Utah-PM-10 Nonattainment Areas is amended by adding an entry for Weber County to read as follows:
Sec. 81.345 Utah.
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Utah-PM-10 Nonattainment Areas
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Classification
Designated area Designation date Designation type
Classification date type
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Ogden Area Weber County September 26, 1995..... Nonattainment........
September 26, 1995..... Moderate.
(part) city of Ogden.
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* * * * * [FR Doc. 95-18520 Filed 7-27-95; 8:45 am] BILLING CODE 6560-50-P |
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