[Federal Register Volume 63, Number 206 (Monday, October 26, 1998)]
[Proposed Rules]
[Pages 57086-57089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28620]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[ID23-7003; FRL-6179-5]
Determination That Pre-existing National Ambient Air Quality
Standards for PM-10 No Longer Apply to Ada County/Boise State of Idaho
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: In this action, the Environmental Protection Agency (EPA) is
proposing to determine that the national ambient air quality standards
(NAAQS) for particulate matter with an aerodynamic diameter less than
or equal to a nominal 10 micrometers (PM10) that existed before
September 16, 1997, no longer apply to the Northern Ada County/Boise,
Idaho area and to revoke the nonattainment designation associated with
those standards. The State of Idaho has satisfied the requirements of
the Clean Air Act (CAA) as well as EPA's regulations (40 CFR
[[Page 57087]]
50.6(d)) and Guidance for Implementing the 1-Hour Ozone and Pre-
Existing PM-10 NAAQS dated December 29, 1997.
DATES: Comments must be postmarked on or before November 25, 1998.
ADDRESSES: Written comments should be addressed to: Montel Livingston,
SIP Manager, Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue,
Seattle, Washington 98101.
Copies of the State's request and other information supporting this
proposed action are available for inspection during normal business
hours at the following locations: EPA, Region 10, Office of Air
Quality, 1200 Sixth Avenue (OAQ-107), Seattle, Washington 98101, and
State of Idaho Division of Environmental Quality, 1410 N. Hilton,
Boise, Idaho 83720.
FOR FURTHER INFORMATION CONTACT: Rindy Ramos, Office of Air Quality
(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-6510.
SUPPLEMENTARY INFORMATION:
I. Background
On July 18, 1997, EPA revised the primary and secondary NAAQS for
particulate matter (PM) by establishing annual and 24-hour particulate
matter with an aerodynamic diameter less than or equal to a nominal 2.5
micrometers (PM2.5) standards and by changing the form of the existing
24-hour PM10 standard. The existing annual PM10 standard was retained;
however, for the revised PM NAAQS, the requirement to correct the
pressure and temperature of measured concentrations to standard
reference conditions was removed. As noted in the preamble to the final
rule promulgating the revised PM NAAQS, those revisions may potentially
affect the effective stringency of the annual standard. These new
standards became effective September 16, 1997. See 61 FR 65638 and 62
FR 38652.
EPA has developed guidance to ensure that momentum is maintained by
States in their current air programs while moving toward developing
their plans for implementing the new NAAQS. This document entitled
Guidance for Implementing the 1-Hour Ozone and Pre-Existing PM10 NAAQS,
dated December 29, 1997, also reflects a July 16, 1997, Presidential
Directive issued to Administrator Browner on implementation of the new
standards. An additional document entitled Re-Issue of the Early
Planning Guidance for the Revised Ozone and Particulate Matter (PM)
National Ambient Air Quality Standards (NAAQS) dated June 16, 1998,
outlines a process for States to review their existing CAA section 110
state implementation plans (SIPs).
To provide for an effective transition from the existing to the
revised PM NAAQS, the effective date of the revocation of the PM10
NAAQS in effect before September 16, 1997, was delayed so that the
existing standards and associated provisions would continue to apply
for an interim period. See 62 FR 38701. EPA, therefore, promulgated
regulatory provisions that provide for the continued applicability of
the pre-existing PM10 NAAQS until certain criteria are met. 40 CFR
50.6(d). Among other things, these provisions state that the pre-
existing PM10 NAAQS will no longer apply to an area that as of
September 16, 1997, is attaining those standards once (1) a SIP
applicable to the area containing all PM10 control measures adopted and
implemented by September 16, 1997 (i.e., the control measures that
allowed the area to attain), has been approved by EPA and (2) a
certification by the State that it has adequate authority and resources
to implement the revised PM standards. In its December 29, 1997,
guidance, EPA further stated that when the Agency had made a
determination that the criteria set forth in 40 CFR 50.6(d) had been
met for an area and, therefore, that the pre-existing PM10 standards no
longer apply, ``the section 107 designation for PM10 for that area will
also be revoked.'' This is because at that time the PM10 standards to
which the current section 107 PM10 designation for the area relate
would no longer exist.
On July 24, 1998, the State of Idaho submitted a request that EPA
make a determination that the pre-existing PM10 NAAQS no longer apply
to the Northern Ada County/Boise nonattainment area. Based on air
quality data for the years 1994-1996, it is the State's position that
the area has met the PM10 standards that were in effect prior to
September 16, 1997. Idaho also requested that the CAA section 107
nonattainment area designation for the Northern Ada County/Boise area
be revoked.
II. Analysis of Determination
Why Is EPA Determining That the PM10 Standards in Effect Before
September 16, 1997 No Longer Apply to the Northern Ada County/Boise
Nonattainment Area?
Northern Ada County/Boise has met the following requirements of 40
CFR 50.6(d): (1) The State has submitted air quality data for 1994-1996
which demonstrates that the area met the PM10 standards that were in
effect before September 16, 1997. The area has not monitored a
exceedance or violated the PM10 NAAQS during that time period. (2) The
State has an approved PM10 State Implementation Plan (SIP) in place
(see 59 FR 48582 and 61 FR 27019) that includes all control measures
adopted and implemented at the State-level to meet the standards in
effect before September 16, 1997. (3) In Idaho's July 24, 1998 request,
the State has certified to EPA that it has adequate legal authority and
resources to implement the revised PM NAAQS.
How Will the Determination by EPA That the PM10 Standards in Effect
Before September 16, 1997 No Longer Apply Affect the Northern Ada
County/Boise Nonattainment Area's Conformity and New Source Review
Requirements?
As noted earlier, at the time that a determination by EPA that the
pre-existing PM10 standards no longer apply for the area becomes
effective, the section 107 PM10 designation will also be revoked. The
termination of the applicability of the PM10 standards in effect before
September 16, 1997, and the simultaneous revocation of the Northern Ada
County/Boise area's current PM10 nonattainment designation, will also
affect requirements that currently apply in the area due to the
existence of those standards and designation. Specifically, the
detailed provisions of subpart 4 of part D of title 1 of the CAA, which
govern implementation of the pre-existing PM10 standards (PM10
standards in effect prior to July 18, 1997 when the revised PM NAAQS
were promulgated) in areas designated nonattainment for those
standards, will no longer apply once EPA makes the determination that
the pre-existing PM10 standards no longer apply and the revocation of
the section 107 designation become effective.
The conformity provisions of section 176(c) of the Act apply to
areas that are designated nonattainment or that are subject to the
requirement to submit a maintenance plan for any applicable standards
under the Act. Because Northern Ada County/Boise is designated
nonattainment for the pre-existing PM10 standards, it is subject to the
requirements of general and transportation conformity. Consequently,
once the current PM10 nonattainment designation is revoked for the
area, these requirements will no longer be applicable.
Like conformity, the part D PM10 nonattainment new source review
(NSR) requirements will no longer apply for the Northern Ada County/
Boise area when the determination that the pre-existing PM10 standards
no longer apply and the revocation of the nonattainment designation
become
[[Page 57088]]
effective. Instead, the preconstruction review permit requirements for
prevention of significant deterioration of air quality (PSD) will apply
to major stationary sources seeking to construct or modify in that
area. Under the PSD program, a major source which proposes to construct
or modify must apply for a PSD permit if it locates in an area
designated attainment or unclassifiable for any criteria pollutant, and
it emits a regulated pollutant in significant amounts. The PSD
requirements will apply in the Northern Ada County/Boise area, even
after the pre-existing PM10 standards and the PM10 nonattainment
designation are removed, because the area is currently designated
attainment or unclassifiable for other criteria pollutants and because
PM10 is still a regulated pollutant.
III. Summary of Action
The Northern Ada County/Boise area meets the requirements of 40 CFR
50.6(d). Accordingly, EPA is proposing to determine that the pre-
existing PM10 standards no longer apply, and is proposing to revoke the
nonattainment designation associated with those standards.
Additionally, the State shall take steps to ensure that the measures to
protect the PM NAAQS that were in place before September 16, 1997,
shall stay in place and the State shall follow through in implementing
its approved section 110 SIP to protect the new PM NAAQS effective
after September 16, 1997, for this area.
In addition, EPA will be reformatting Idaho's 40 CFR 81.313 PM10
designation table. The table will be restructured to more accurately
reflect the designation status of the area within each of Idaho's Air
Quality Control Regions. However, because EPA proposes to revoke the
PM10 nonattainment area designation only for the Northern Ada County/
Boise nonattainment area, the designation status for all other areas
within the State will remain unchanged. Restructuring of the table will
not affect their status.
EPA is soliciting public comment on its proposed action. Interested
parties are invited to comment on all aspects of this proposed action.
Comments should be submitted to the address listed in the front of this
document. Public comments postmarked by November 25, 1998, will be
considered in the final rulemaking action taken by EPA.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it is not
economically significant as defined under E.O. 12866, and because it
does not involve decisions intended to mitigate environmental health or
safety risks.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This action will affect the regulatory status of a
geographical area and will not impose any new regulatory requirements
on sources. For this reason, the Administrator certifies that this
action has no significant impact on any small entities, nor will it
affect a substantial number of small entities.
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective
[[Page 57089]]
and least burdensome alternative that achieves the objectives of the
rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
EPA has determined that the proposed action does not include a
Federal mandate that may result in estimated annual costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. Because EPA is not imposing new
Federal requirements, neither State, local, or tribal governments, nor
the private sector should incur costs from this action.
Authority: 42 U.S.C. 7401 et seq.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas, Air quality control regions.
Dated: October 19, 1998.
Chuck Clarke,
Regional Administrator, Region 10.
[FR Doc. 98-28620 Filed 10-23-98; 8:45 am]
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