[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Proposed Rules]
[Pages 2719-2722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-699]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[ID-A-94-64; FRL-5137-6]
Designation of Areas for Air Quality Planning Purposes; State of
Idaho
AGENCY: United States Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: Pursuant to the Clean Air Act as amended in 1990, EPA is
authorized to promulgate redesignation of areas as nonattainment for
the PM-10 (particulate matter with an aerodynamic diameter of less than
or equal to a nominal ten micrometers) National Ambient Air Quality
Standards (NAAQS). In a prior action, EPA proposed to redesignate as
nonattainment for PM-10 a portion of Kootenai County consisting of the
City of Coeur d'Alene. In today's action, EPA is requesting public
comment on a proposal to expand the proposed nonattainment boundary and
redesignate a larger portion of Kootenai County, Idaho, from
unclassifiable to nonattainment for PM-10. EPA is proposing that the
portion of Kootenai County outside the exterior boundary of the Coeur
d'Alene Indian Reservation be designated nonattainment and classified
moderate for PM-10. Monitored violations of the PM-10 NAAQS have been
recorded at monitoring sites in Coeur d'Alene and Post Falls, Idaho.
DATES: All written comments on this proposal should be submitted by
March 13, 1995.
ADDRESSES: Written comments should be addressed to: Montel Livingston,
SIP Manager, U.S. EPA, Air Programs Development Section (AT-082), 1200
Sixth Avenue, Seattle, Washington 98101.
Information supporting this rulemaking action can be found in
Public Docket ID-A-94-64 at U.S. EPA, Air Programs Development Section,
1200 Sixth Avenue, Seattle, Washington 98101. The docket may be
inspected from 8 A.M. to 4:30 P.M. on weekdays, except for legal
holidays.
FOR FURTHER INFORMATION CONTACT: Steven Body, Environmental Protection
Agency (ATD-082), Air and Radiation Branch, 1200 6th Avenue, Seattle,
Washington 98101, 206/553-0782.
SUPPLEMENTARY INFORMATION:
I. General
EPA is authorized to initiate redesignation of areas as
nonattainment for PM-10 pursuant to section 107(d)(3) of the Act \1\ on
the basis of air quality data, planning and control considerations or
any other air quality related considerations the Administrator deems
appropriate. A nonattainment area is defined as any area that does not
meet, or any area with sources that significantly contribute to ambient
air quality in a nearby area that does not meet, the National Ambient
Air Quality Standards (NAAQS) (see section 107(d)(1)(A)(i) of the
Act).\2\ Thus, in determining the appropriate boundary for a
nonattainment area, EPA considers not only the areas where the
violations occurred but also nearby areas which contain sources that
could significantly contribute to such violations.
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\1\ References herein are to the Clean Air Act, as amended by
the Clean Air Act Amendments of 1990, Pub. L. 101-549, 104 Stat.
2399 (``the Act''). The Act is codified, as amended, at the U.S.
Code in 42 U.S.C. 7401, et seq.
\2\ EPA has construed the definition of nonattainment area to
require some material or significant contribution in a nearby area.
The Agency believes it is reasonable to conclude that something
greater than a molecular impact is required.
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In the absence of technical information identifying particular
sources contributing to violations of the NAAQS, EPA policy for PM-10
is to use political boundaries associated with the area where the
monitored violations occurred and in which it is reasonably expected
that sources contributing to the violations are located (see, for
example, 57 FR 43846 at 43848 (Sept. 22, 1992)). PM-10 nonattainment
boundaries are generally presumed to be, as appropriate, the county,
township or other municipal subdivision in which the ambient
particulate matter monitors recording the PM-10 violations are located.
EPA has presumed that this would include both the areas in violation of
the PM-10 NAAQS and areas containing sources that significantly
contribute to the violations. Moreover, EPA tends to consider and
propose more expansive nonattainment area political boundaries to
ensure that sources contributing to the nonattainment problem are
considered in the State's technical evaluation and analysis of the
area's air quality problem. However, a boundary other than a county
perimeter or other municipal boundary may be more appropriate. Affected
States and Tribes may submit information demonstrating that, consistent
with section 107(d)(1)(A)(i) of the Act, a boundary other than a county
perimeter or other municipal boundary is more appropriate. Additional
guidance on this issue is provided in the PM-10 State Implementation
Plan (SIP) Development Guideline (EPA-450/2-86-001).
On September 22, 1992, after notice to the State of Idaho, EPA
proposed that the City of Coeur d'Alene be redesignated nonattainment
for PM-10 based on monitored violations of the PM-10 NAAQS, at the
Lakes Middle School monitoring site, located within the Coeur d'Alene
city limits (see 57 FR 43846). Before EPA took final action on that
proposal, the State notified EPA that additional violations of the PM-
10 NAAQS had been recorded in the neighboring City of Post Falls and
requested that the boundary of the nonattainment area be expanded. In
today's action, EPA is proposing to redesignate the entire County of
Kootenai, except for that portion located within the exterior boundary
of the Coeur d'Alene Indian Reservation, as nonattainment for PM-10.
II. Background for PM-10
On July 1, 1987, EPA revised the NAAQS for particulate matter (52
FR 24643), by replacing total suspended particulate 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 SIP development policy elaborating PM-10 control strategies
necessary to assure attainment and maintenance of the PM-10 NAAQS (see
generally 52 FR 24672). EPA adopted a PM-10 SIP development policy
dividing all areas of the country into three categories based upon
their likelihood of violating the revised NAAQS: (1) Areas with a
strong likelihood of violating the PM-10 NAAQS and requiring
substantial SIP adjustment were placed in Group I; (2) areas that might
well have been attaining the PM-10 NAAQS and whose existing SIP's most
likely needed less adjustment were placed in Group II; (3) areas with a
strong likelihood of attaining the PM-10 NAAQS and, therefore, needing
adjustments only to the preconstruction review program and monitoring
network were placed in Group III (52 FR at 24679-24682).
Pursuant to sections 107(d)(4)(B) and 188(a) of the Clean Air Act,
as amended in 1990, areas previously identified as Group I (55 FR 45799
(Oct. 31, 1990)) and other areas which had monitored violations of the
PM-10 NAAQS prior to January 1, 1989 were designated nonattainment and
classified as moderate for PM-10 by operation of law on November 15,
1990. Formal codification in 40 CFR Part 81 (1992) of these areas was
announced in a Federal Register notice dated November 6, 1991 (56 FR
56694) and supplemented on November, 30, 1992 (57 FR 56762). All other
areas of the country, including Kootenai County, were designated
unclassifiable for PM-10 by operation of law on November 15, 1990 (see
section 107(d)(4)(B)(iii) of the Act).
III. Today's Action
As stated above, EPA is authorized to initiate redesignation of
areas from unclassifiable to 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 the Administrator deems appropriate. Pursuant to section
107(d)(3), EPA is today proposing to redesignate the entire County of
Kootenai, except for that portion located within the exterior
boundaries of the Coeur d'Alene Indian Reservation, as nonattainment
for PM-10.
On January 31, 1991, EPA notified the State of Idaho pursuant to
Section 107(d)(3) of the Act that Kootenai County (City of Coeur
d'Alene) appeared to be violating the PM-10 NAAQS and requested the
State to submit a proposed designation and boundary description for
this area. On March 6, 1991, the State notified EPA that the City of
Coeur d'Alene had measured violations of the PM-10 NAAQS and requested
that the area within the city limits of Coeur d'Alene be redesignated
nonattainment. EPA notified the public on April 22, 1991 of the
reported violations and the letter from the state (see 56 FR 16274) and
proposed to redesignate the City of Coeur d'Alene as nonattainment for
PM-10 on September 22, 1992 (see 57 FR 43846). EPA requested public
comment on all aspects of that proposal ``including the appropriateness
of the proposed designations and the scope of the proposed boundaries''
(see 57 FR at 43853).
In September and October of 1992, additional violations of the PM-
10 NAAQS were recorded at a second air quality monitoring site in the
City of Post Falls, approximately six miles west of the Coeur d'Alene
monitoring site. During the public comment period on EPA's proposal to
redesignate the City of Coeur d'Alene as nonattainment, the State of
Idaho commented that the September and October 1992 violations had
occurred and requested that the boundary of the proposed nonattainment
area be expanded to include the entire County of Kootenai. The State
also requested that, in light of this new information, EPA provide
further opportunity for public comment on the boundary of the proposed
nonattainment area.
Based on the information provided by the State of Idaho and
available air monitoring data, EPA is proposing that the entire County
of Kootenai, except for that portion located within the exterior
boundaries of the Coeur d'Alene Indian Reservation, be redesignated
nonattainment for PM-10. Two monitored 24-hour PM-10 concentrations
above the level of the NAAQS were recorded in 1989 and 1990 at the
Lakes Middle School monitoring site, located within the city limits of
Coeur d'Alene, resulting in expected exceedences of 7.5 and 2.04,
respectively (refer to 40 CFR Part 50, Appendix K on procedures to
calculate expected exceedences). There have been no reported 24-hour
PM-10 concentrations above the level of the NAAQS within the City of
Coeur d'Alene since 1990. Three monitored 24-hour PM-10 concentrations
above the NAAQS were recorded at the Post Falls monitoring site during
1992, resulting in expected exceedences of 20 (see 40 CFR Part 50,
Appendix K). There have been no reported 24-hour PM-10 concentrations
above the level of the NAAQS since 1992. There have been no reported
violations of the annual PM-10 standard in Kootenai County.
EPA is requesting public comment on its proposal to expand the
nonattainment area to ensure that the views of all those interested in
the proposed redesignation be considered.\3\ The table below indicates
how EPA is proposing to revise the PM-10 designation for a portion of
Kootenai County, Idaho, in 40 CFR 81.313 from unclassifiable to
nonattainment.
[[Page 2720]]
\3\ Several comments in addition to the comment from the State
of Idaho were received in response to EPA's September 22, 1992
proposal to redesignate the City of Coeur d'Alene nonattainment. The
thrust of these comments is that there was no air quality problem in
the City of Coeur d'Alene and that the area should not be
redesignated. EPA's preliminary response to these comments is that
ava
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ilable monitoring data, summarized in this notice and contained in
the public docket, reveals PM-10 NAAQS violations in the area and
supports the redesignation of the City of Coeur d'Alene and an
expansion of the nonattainment area to include the rest of Kootenai
County, excluding the Coeur d'Alene Indian Reservation. However, EPA
will give full consideration to the comments submitted on EPA's
September 22, 1992, proposal, as well as any additional comments
submitted by these or other commenters, before taking final action
on this proposal.
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Designated area Designation date Designation type Classification date Classification type
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Kootenai County (part)--The Proposing................. Nonattainment............. Proposing....................... Moderate.
County of Kootenai
excluding that portion
located within the exterior
boundary of the Coeur
d'Alene Indian Reservation.
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EPA proposes that the Coeur d'Alene Indian Reservation be excluded
from the nonattainment area because EPA currently has no evidence
suggesting that air quality on the Reservation is in violation of the
PM-10 NAAQS or that sources on the Reservation significantly contribute
to PM-10 violations in nearby areas. Further, EPA's policy, which
generally presumes PM-10 nonattainment boundaries to be concurrent with
political boundaries, would weigh against including the Reservation as
part of the Kootenai County nonattainment area or establishing the
Reservation as its own nonattainment area in the absence of evidence
that there is an air quality problem on the Reservation or that sources
on the Reservation contribute significantly to violations on nearby
State lands. Thus, EPA proposes, for purposes of this action, that the
area of Kootenai County over which the State has regulatory authority
govern the determination of political boundaries for the nonattainment
area.\4\ EPA specifically requests the State of Idaho, the Coeur
d'Alene Tribe and the public to comment on the exclusion of the area
within the exterior boundaries of the Coeur d'Alene Indian Reservation
from the nonattainment area.
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\4\ Under Federal and EPA Indian policy, EPA treats Federally-
recognized Indian tribes as sovereign authorities with the
independent authority for Reservation affairs and not as political
subdivisions of States. See April 29, 1994 Presidential Memorandum,
``Government-to-Government Relations with Native American Tribal
Governments,'' 59 FR 22,951 (May 4, 1994); ``EPA Policy for the
Administration of Environmental Programs on Indian Reservations'' at
p. 2 (November 8, 1984), reaffirmed by Administrator Carol M.
Browner in a Memorandum issued on March 14, 1994; and 54 FR 43956
(Aug. 25, 1994) (``Indian Tribes: Air Quality Planning and
Management''). Before EPA will recognize a State's attempt to
regulate sources within the exterior boundaries of a reservation for
purposes of a Clean Air Act program, the State must affirmatively
establish that it has the legal authority to regulate such sources.
See, e.g., 42 U.S.C. Sec. 7410(a)(2)(E)(i) (each implementation plan
must provide necessary assurances that the State will have adequate
authority under State law to carry out such implementation plan); 42
U.S.C. Sec. 7661a(b)(5) (State must demonstrate that it has adequate
authority to issue and enforce permits for all sources required to
have a permit under Title V); see also Washington Department of
Ecology v. EPA, 752 F.2d 1467, 1472 (9th Cir. 1985) (upholding EPA's
finding that the State offered no independent authority for claiming
jurisdiction over Tribal lands and affirming EPA's associated
disapproval of that portion of the State RCRA program covering
Tribal lands).
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EPA notes that the State of Idaho and local governments in Kootenai
County have made a joint commitment to develop and implement control
measures for area sources of PM-10 in Kootenai County, such as
agricultural field burning, open burning, residential woodburning and
winter road sanding, beginning in September 1994 and no later than June
1995, regardless of EPA's final action on this proposed redesignation.
EPA encourages the State to adopt any such control measures and submit
them to EPA as part of the State Implementation Plan so that if they
are federally approved, they will be federally enforceable. EPA will
closely monitor the State's progress in curtailing PM-10 emissions and
will consider such progress, any relevant submittals from the State and
any federally-enforceable controls on PM-10 emissions in taking final
action on this proposed redesignation.
The technical information supporting the redesignation request and
the boundary selection are available for public review at the address
indicated at the beginning of this notice.
IV. Implications of Today's Action
EPA is proposing to redesignate the County of Kootenai, excluding
the area within the boundaries of the Coeur d'Alene Indian Reservation,
from unclassifiable to nonattainment for PM-10. If Kootenai County, or
a portion thereof, is redesignated nonattainment for PM-10 when EPA
takes final action on today's proposal, then the area will be
classified as ``moderate'' by operation of law (see section 188(a) of
the Act). Areas designated nonattainment are subject to the applicable
requirements of Part D, Title I of the Act. Within 18 months of the
redesignation, the State would therefore be required to submit to EPA
an implementation plan for the nonattainment area containing, among
other things, the following provisions: (1) Provisions to assure that
reasonably available control measures (including reasonably available
control technology) will be implemented within four years of re-
designation, (2) a permit program meeting the requirements of section
173 of the Act governing the construction and operation of new and
modified major stationary sources, (3) 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, (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(1) of the Act, toward timely attainment, and (5) provisions
to assure that the control requirements applicable to major stationary
sources of PM-10 also apply to major stationary sources of PM-10
precursors, unless EPA determines that such sources do not contribute
significantly to PM-10 levels which exceed the NAAQS in the area (see,
e.g., sections 188(c), 189(a), 189(c), 189(e) & 172(c) of the Act). EPA
has issued detailed guidance on the statutory requirements applicable
to moderate PM-10 nonattainment areas (see 57 FR 13498 (April 16, 1992)
and 57 FR 18070 (April 28, 1992)).
If EPA ultimately redesignates any area as nonattainment in taking
final action on this notice, EPA will establish 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 13510-12 and 13543-44).
Section 172(b) provides that such date shall be no later than three
years from the date of the nonattainment designation. EPA believes that
18 months provides a reasonable amount of time for the development of
contingency measures. Thus, if EPA finalizes a nonattainment
designation for this area, EPA would likely establish a schedule
requiring that contingency measures be submitted with the other Part D
[[Page 2722]]
requirements described above within 18 months from such designation.
V. Request for Public Comment
EPA is, by this notice, proposing that the PM-10 designation for
Kootenai County, excluding the area within the exterior boundaries of
the Coeur d'Alene Indian Reservation, be revised from unclassifiable to
nonattainment. On September 22, 1992, EPA previously provided notice
and opportunity for public comment on a proposed PM-10 nonattainment
designation for the City of Coeur d'Alene, which is located within
Kootenai County (see 57 FR 43846). In response to comments from the
State of Idaho on that proposal, EPA is now providing an additional
opportunity for public comment on the expansion of the boundaries to
include all of Kootenai County, excluding the area within the exterior
boundaries of the Coeur d'Alene Indian Reservation. EPA is requesting
public comment on all aspects of this proposal including the
appropriateness of the proposed designation and the scope of the
proposed boundary. Written comments should be submitted to EPA at the
address identified above by March 13, 1995.
VI. Administrative Review
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare for proposed rules subject to notice and comment
rulemaking an initial regulatory flexibility analysis describing the
impact of the proposed rule on small entities. 5 U.S.C. 603-604. The
requirement for preparing such analysis is inapplicable, however, if
the Administrator certifies that the proposed rule will not have a
significant economic impact on a substantial number of small entities
(see 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.
The redesignation proposed in this notice 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 the State must adopt new
regulations, based on an area's nonattainment status, EPA will review
the effect those actions have on small entities at the time the State
submits those regulations. The Administrator certifies that the
approval of the redesignation action proposed today will not have a
significant economic impact on a substantial number of small entities.
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this action from Executive Order 12866 review.
Authority: 42 U.S.C. 7401-7671g.
List of Subjects in 40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: December 28, 1994.
Chuck Clarke,
Regional Administrator.
[FR Doc. 95-699 Filed 1-10-95; 8:45 am]
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