VOL. 58, No. 184
Rules and Regulations
ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Part 81
Designation of Areas for Air Quality Planning Purposes; Oregon
58 FR 49931
DATE: Friday, September 24, 1993
ACTION: Final rule
SUMMARY: Pursuant to section 107(d)(3) of the Clean Air Act (Act), the Environmental Protection Agency (EPA) is taking final action to redesignate Lakeview, Oregon, from an unclassifiable to a moderate nonattainment area for PM-10 (particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers). The boundary of the nonattainment area is defined by Lakeview's Urban Growth Boundary (UGB).
EFFECTIVE DATE: October 25, 1993.
FOR FURTHER INFORMATION CONTACT: Rindy Ramos, Air Programs Development Section (AT-082), U.S. Environmental Protection Agency, Region 10, Seattle, Washington 98101, (206) 553-6510.
On July 1, 1987, EPA revised the National Ambient Air Quality Standard (NAAQS) for particulate matter (52 FR 24634), replacing total suspended particulates as the indicator for particulate matter with a new indicator called PM-10 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 regulations for implementing the revised particulate matter standards and announced EPA's State implementation plan (SIP) development policy elaborating PM-10 control strategies necessary to assure attainment and maintenance of the PM-10 NAAQS (see generally 52 FR 24672).
The 24-hour PM-10 NAAQS is 150 micrograms per cubic meter (ug/m sup 3). The standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 ug/m sup 3 is equal to or less than one (see 40 CFR 50.6(a)). The annual PM-10 NAAQS is 50 ug/m sup 3 and the standard is attained when the expected annual arithmetic mean concentration is less than or equal to 50 ug/m sup 3 (see 40 CFR 50.6(b)). Conversely, an area is not in attainment with the 24-hour PM-10 NAAQS if the expected number of days per calendar year with a 24-hour average concentration above 150 ug/m sup 3 is greater than one. Additionally, an area is not in attainment with the annual PM-10 NAAQS if the expected annual arithmetic mean concentration is greater than 50 ug/m sup 3.
The EPA is authorized to redesignate areas (or portions thereof) as nonattainment for PM-10 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 that the Administrator deems appropriate.
On December 29, 1992, the Governor of the State of Oregon notified EPA that the ambient PM-10 monitoring site in the City of Lakeview, Oregon, had recorded an exceedance of the 24-hour PM-10 NAAQS on January 9, 1992. Because the area had recorded three exceedances of the PM-10 NAAQS in 1991 (January 4, 14, and 16), this exceedance in 1992 resulted in the expected number of days per calendar year to be greater than one indicating that the area is in violation of the PM-10 NAAQS. At the same time, the Governor of the State of Oregon requested that the area within Lakeview's Urban Growth Boundary (UGB) be redesignated as nonattainment for PM-10.
II. Response to Comments
EPA received no comments on its June 25, 1993 (58 FR 34403) Federal Register proposal to redesignate Lakeview from unclassifiable to a moderate PM-10 nonattainment area.
III. Significance of Today's Action
The Lakeview, Oregon, PM-10 nonattainment area will be subject to the applicable requirements of part D, title I of the Act and will be classified as moderate by operation of law (see section 188(a) of the Act). Within 18 months of the designation, the State of Oregon is required to submit to EPA an implementation plan for the area containing, among other things, the following requirements: (1) Provisions to assure that reasonably available control measures (including reasonably available control technology) are implemented within 4 years of the redesignation; (2) a permit program meeting the requirements of section 173 governing the construction and operation of new and modified major stationary sources of PM-10; (3) quantitative milestones which are to be achieved every 3 years until the area is redesignated attainment and which demonstrates reasonable further progress, as defined in section 171(1) toward timely attainment; and (4) either a demonstration (including air quality modeling) that the plan will provide for attainment of the PM-10 NAAQS as expeditiously as practicable, but no later than the end of the sixth calendar year after the area's designation as nonattainment, or a demonstration that attainment by such date is impracticable (see, e.g., sections 188(c), 189(a), 189(c), and 172(c) of the Act). The EPA has issued detailed guidance on the statutory requirements applicable to moderate PM-10 nonattainment area (see 57 FR 13498 (April 16, 1992), and 57 FR 18070 (April 28, 1992)).
The State is also required to submit contingency measures, pursuant to section 172(c)(9) of the Act, which are to take effect without further action by the State or EPA, upon a determination by EPA that an area has failed to make reasonable further progress or attain the PM-10 NAAQS by the applicable attainment date (see 57 FR 13510-13512, 13543-13544). The EPA is establishing the schedule for submission of contingency measures as called for in section 172(b) of the Act. The State of Oregon is to submit contingency measures for the Lakeview nonattainment area within 18 months of designation.
IV. Administrative Review
This action has been classified as a Table 3 action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of Management and Budget waived Table 2 and 3 SIP revisions (54 FR 2222) from the requirements of section 3 of Executive Order 12291 for a period of two years. EPA has submitted a request for a permanent waiver for table 2 and 3 SIP revisions. The OMB has agreed to continue the temporary waiver until such time as it rules on EPA's request.
Under the Regulatory Flexibility Act, 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 (5 U.S.C. 605(b)). 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 status of a geographical area and does not impose any regulatory requirements on sources. To the extent that an affected State must adopt new regulations, based on an area's nonattainment status, EPA will review the effect that those actions have on small entities at the time the State submits those regulations. I certify that the redesignation action announced today will not have a significant economic impact of a substantial number of small entities.
List of Subjects in 40 CFR Part 81
Air pollution control, Environmental Protection, National parks, Wilderness areas.
Dated: September 14, 1993.
Gerald A. Emison, Acting Regional Administrator.
Part 81, chapter 1, title 40 of the Code of Federal Regulations is amended as follows:
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 81.338 is amended in the table for Oregon-PM-10 nonattainment areas by adding an entry for Lake County to read as follows:
@ 81.338 -- Oregon. * * * * * Oregon-PM- 10 Nonattainment Areas Designated area Designation Classification Date Type Date Type * * * * * * * Lake County (part): Lakeview: The [Insert date Nonattainment [Insert date Moderate Urban Growth 30 days from date of 30 days from date of boundary area publication publication
[FR Doc. 93-23202 Filed 9-23-93; 8:45 am]
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