VOL. 58, No. 200
Rules and Regulations
ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Part 81
Designation of Area for Air Quality Planning Purposes; Montana; Designation of Whitefish PM10 Nonattainment Area
58 FR 53886
DATE: Tuesday, October 19, 1993
ACTION: Final rule.
SUMMARY: Pursuant to section 107(d)(3) of the Clean Air Act (Act), EPA is taking final action to redesignate a portion of Flathead County, Montana as nonattainment for the PM10 (particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers) national ambient air quality standards (NAAQS).
EFFECTIVE DATE: November 18, 1993.
ADDRESSES: Information supporting this action can be found at the following location: EPA Region VIII, Air Programs Branch, 999 18th Street, 6th Floor, South Tower, 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: Callie Videtich, Air Programs Branch, EPA Region VIII, 999 18th Street, suite 500, Denver, Colorado, 80202-2405, (303) 293-1754.
The EPA is authorized to redesignate 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 16, 1992, the Administrator of EPA Region VIII notified the Governor of Montana that EPA believed that the area around Whitefish should be redesignated as nonattainment for PM10. Under section 107(d)(3)(B), the Governor of Montana was required to submit to EPA the designation he considered appropriate for the area around Whitefish within 120 days after EPA's notification. The EPA received the State's response for Whitefish, Montana on November 13, 1992. The EPA proceeded to propose redesignation to nonattainment for Whitefish (see 58 FR 36908-36910, July 9, 1993). The EPA is taking final action as proposed.
Section 107(d)(1)(A) sets out definitions of nonattainment, attainment, and unclassifiable. The EPA is finalizing the redesignation of Whitefish, Montana to nonattainment. 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 n1 (see section 107(d)(1)(A)(i)). Thus, in determining the appropriate boundaries for the nonattainment area addressed in this final rule, EPA has considered not only the area where the violations of the PM10 NAAQS have been monitored, but nearby areas which significantly contribute to such violations
n1 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.
II. 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 which may 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, Whitefish was categorized as a Group III area.
Pursuant to section 107(d)(4)(B) and 188(a) of the Act, areas previously identified as Group I (55 FR 45799, October 31, 1990) and other areas which had monitored violations of the PM10 NAAQS prior to January 1, 1989, were, by operation of law upon enactment f the 1990 Amendments, designated nonattainment and classified as moderate for PM10. All other areas of the country, such as the Whitefish 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 Montana).) In this action, EPA is redesignating as nonattainment, Whitefish, Montana which was previously designated as unclassifiable.
III. Response to Comments
In the July 9, 1993 proposal for today's action, EPA provided a 30-day comment period ending on August 9, 1993, in order to solicit public comments on all aspects of the proposal. EPA received no comments on the proposal.
IV. Significance of This Action for Whitefish, Montana
Whitefish, Montana, is designated as nonattainment in this action, is 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, Montana is required to submit to EPA an implementation plan for Whitefish 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 PM10; (3) 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; and (4) 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 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 PM10 nonattainment areas (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 PM10 NAAQS by the applicable attainment date (see 57 FR 13510-13512 and 13543-13544). The EPA is establishing the schedule for submission of contingency measures as called for in section 172(b) of the Act. Montana is to submit contingency measures for Whitefish within 18 months of designation.
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 (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 planning status of a geographical area and does not in itself, impose any regulatory requirements on sources. To the extent that the area must adopt new regulations, based on its nonattainment status, EPA will review the effect of those actions on small entities at the time Montana submits those regulations. I certify that approval of the redesignation request will not affect a substantial number of small entities.
B. Executive Order 12291
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. OMB has continued the temporary waiver until such time as it rules on EPA's request.
C. Section 307(b)(1)
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 December 17, 1993. 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 in 40 CFR Part 81
Environmental protection, Air pollution control, National parks, Wilderness areas.
Authority: 42 U.S.C. 7407, 7501-7515, 7601.
Dated: October 1, 1993.
Jack W. McGraw, Acting Regional Administrator.
40 CFR part 81 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 81.327 is amended by amending the attainment status designation table for PM10 to add an entry to "Flathead County" to read as follows:
@ 81.327 -- Montana. * * * * * Montana-PM 10 Nonattainment Areas Designated area Designation date Designation type * * * * * * * Flathead County- * * * The City of Whitefish Nov. 18, 1993 Nonattainment and surrounding vicinity bounded by lines from Universal Transmercator (UTM) coordinates 695000 mE, 5370000 mN, east to 699000 mE, 5370000 mN, south to 699000 mE, 5361000 mN, west to 695000 mN, 5361000 mN, and north to 695000 mE, 5370000 mN * * * * * * * Designated area Classification Classification date type * * * * * * * Flathead County- * * * The City of Nov. 18, 1993 Moderate. Whitefish and surrounding vicinity bounded by lines from Universal Transmercator (UTM) coordinates 695000 mE, 5370000 mN, east to 699000 mE, 5370000 mN, south to 699000 mE, 5361000 mN, west to 695000 mN, 5361000 mN, and north to 695000 mE, 5370000 mN * * * * * * *
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[FR Doc. 93-25611 Filed 10-18-93; 8:45 am]
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