[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)]
[Rules and Regulations]
[Pages 55792-55801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27062]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[MT32-1-7117a, ND6-2-7081a, UT21-1-6915a, WY7-1-7042a; FRL-5303-1]
Clean Air Act Approval and Promulgation of State Implementation
Plans; Prevention of Significant Deterioration; Designation of Areas
for Air Quality Planning Purposes; Montana, North Dakota, South Dakota,
Utah, and Wyoming
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this document, EPA is approving revisions to the prevention
of
[[Page 55793]]
significant deterioration (PSD) permitting regulations which were
submitted as revisions to the State Implementation Plans (SIPs) for
Montana, North Dakota, Utah, and Wyoming. The revisions were submitted
mainly to address the replacement of the total suspended particulate
(TSP) increments with increments for PM-10 (particulate matter 10
micrometers or less in diameter). Also, North Dakota and Wyoming
submitted PSD program revisions to incorporate changes in the Federal
PSD regulations for utility pollution control projects. All of the
States except Montana made other minor revisions to their PSD programs.
EPA is approving the SIP revisions because they are consistent with the
corresponding Federal regulations. EPA is also removing the TSP area
designation tables and revising and/or adding PM-10 area designation
tables in 40 CFR part 81 for these States as well as for the State of
South Dakota (which has been delegated authority to implement the
Federal PSD regulations in 40 CFR 52.21). With the PM-10 increments
becoming effective in these areas, the TSP area designations no longer
serve any useful purpose relative to PSD.
DATES: This action is effective on January 2, 1996 unless adverse or
critical comments are received by December 4, 1995. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Copies of the States' submittals and other information are
available for inspection during normal business hours at the following
locations: Air Programs Branch, Environmental Protection Agency, Region
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2405; Montana
Air Quality Division, Department of Health and Environmental Sciences,
836 Front Street, P.O. Box 200901, Helena, Montana 59620-0901; North
Dakota Division of Environmental Engineering, State Department of
Health and Consolidated Laboratories, 1200 Missouri Avenue, P.O. Box
5520, Bismarck, North Dakota 58502-5520; Utah Division of Air Quality,
Department of Environmental Quality, 150 North 1950 West, P.O. Box
144820, Salt Lake City, Utah, 84114-4820; Wyoming Air Quality Bureau,
Department of Environmental Quality, Herschler Building, 122 West 25th
Street, Cheyenne, Wyoming 82002; and The Air and Radiation Docket and
Information Center, 401 M Street, SW, Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8ART-AP, Environmental
Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver,
Colorado, (303) 293-1765.
SUPPLEMENTARY INFORMATION:
I. Background
In this document, EPA is acting on revisions to the PSD permitting
programs for the States of Montana, North Dakota, Utah, and Wyoming.
The revisions were generally made to address the following changes in
the Federal PSD permitting requirements in 40 CFR 51.166:
A. The replacement of the TSP increments with increments for PM-10,
which were promulgated by EPA on June 3, 1993 (58 FR 31622-31638); and
B. The promulgation of revisions to the Federal PSD permitting
requirements regarding utility pollution control projects that States
could voluntarily adopt into their PSD regulations, which were
promulgated by EPA on July 21, 1992 (57 FR 32314-32339).
Specifically, the following submittals were made:
The Governor of Montana submitted revisions to the Administrative
Rules of Montana (ARM), rules 16.8.945, 16.8.947, 16.8.953, and
16.8.960, on May 22, 1995 to incorporate changes in the Federal PSD
permitting regulations for PM-10 increments.
The Governor of North Dakota submitted revisions to Chapter 33-15-
15 of the North Dakota Air Pollution Control Rules on April 29, 1994 to
incorporate changes in the Federal PSD permitting regulations for
utility pollution control projects and PM-10 increments. Also, the
State incorporated the significance levels for the three municipal
waste combustor pollutants, which EPA promulgated on February 11, 1991
(56 FR 5506). The April 1994 submittal also included other revisions to
the North Dakota Air Pollution Control Rules, which EPA will act on
separately.
The Governor of Utah submitted revisions to R307-1-1 and R307-1-3
of the Utah Air Conservation Regulations (UACR) on February 1, 1995 to
incorporate changes in the Federal PSD permitting regulations for PM-10
increments. The State also made some nonsubstantive changes to its PSD
rules.
The Governor of Wyoming submitted revisions to Section 24 of the
Wyoming Air Quality Standards and Regulations (WAQSR) on March 14, 1995
to incorporate changes in the Federal PSD permitting regulations for
PM-10 increments and utility pollution control projects. The State also
revised the minor source baseline date definition relative to
particulate matter, which was previously required by State rule to be
triggered no later than January 1, 1996 if not triggered earlier by the
first complete PSD permit application, so that it now will be triggered
no later than January 1, 2001. The State's March 14, 1995 submittal
also included two new sections to address EPA's general and
transportation conformity requirements, which EPA will be acting on
separately.
This document evaluates the States' submittals for conformity with
the corresponding Federal regulations and the requirements of the Act.
In addition, this document provides justification regarding the removal
of the TSP designation tables in 40 CFR part 81 for Montana, North
Dakota, Utah, and Wyoming, as well as for the State of South Dakota
which has been delegated authority to implement the Federal PSD
permitting regulations in 40 CFR 52.21.
II. This Action
A. Analysis of State Submissions
1. Procedural Background
The Act requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
EPA. Section 110(a)(2) of the Act provides that each implementation
plan submitted by a State must be adopted after reasonable notice and
public hearing. Section 110(l) of the Act similarly provides that each
revision to an implementation plan submitted by a State under the Act
must be adopted by such State after reasonable notice and public
hearing.
The EPA also must determine whether a submittal is complete and
therefore warrants further EPA review and action [see section 110(k)(1)
and 57 FR 13565, April 16, 1992]. The EPA's completeness criteria for
SIP submittals are set out at 40 CFR part 51, appendix V. The EPA
attempts to make completeness determinations within 60 days of
receiving a submission. However, a submittal is deemed complete by
operation of law under section 110(k)(a)(B) if a completeness
determination is not made by EPA within six months after receipt of the
submission.
Public hearings to entertain public comment on the initial PSD SIP
revisions were held by Montana on September 16 and November 9, 1994; by
North Dakota on September 28, 1993; by Utah on August 30, 1994; and by
Wyoming on December 15, 1994. After these respective public hearings,
the rule revisions were adopted by each State. The rule revisions were
formally
[[Page 55794]]
submitted to EPA for approval on May 22, 1995 from Montana, April 29,
1994 from North Dakota, February 1, 1995 from Utah, and March 14, 1995
from Wyoming. Each SIP revision was reviewed by EPA to determine
completeness shortly after their submittal, in accordance with the
completeness criteria referenced above. The submittals were found to be
complete, and letters dated June 26, 1995, June 22, 1994, March 22,
1995, and May 26, 1995 were forwarded, respectively, to Montana, North
Dakota, Utah, and Wyoming indicating the completeness of each submittal
and the next steps to be taken in the processing of each SIP submittal.
2. Evaluation of States' Submittals
a. PM-10 Increment Revisions. As discussed above, EPA promulgated
increments for PM-10 on June 3, 1993 (see 58 FR 31622-31638). EPA
promulgated revisions to the Federal PSD permitting regulations in 40
CFR 52.21, as well as the PSD permitting requirements that State
programs must meet in order to be approved into the SIP in 40 CFR
51.166. EPA or its delegated State programs were required to begin
implementation of the increments by June 3, 1994, while the
implementation date for States with SIP-approved PSD permitting
programs (including Montana, North Dakota, Utah, and Wyoming) will be
the date on which EPA approves each revised State PSD program
containing the PM-10 increments. In accordance with 40 CFR
51.166(a)(6)(i), each State with SIP-approved PSD programs was required
to adopt the PM-10 increment requirements within nine months of the
effective date (or by March 3, 1995). For further background regarding
the PM-10 increments, see the June 3, 1993 Federal Register document.
(1) Montana's Submittal. In order to address the PM-10 increments,
the State of Montana revised the following sections of its PSD
permitting regulations in the Administrative Rules of Montana (ARM):
16.8.945(3)(c), 16.8.945(21)(d), 16.8.945(24)(d), 16.8.947(1),
16.8.953(7)(a)(iii), and 16.8.960(4). EPA has reviewed these revisions
and has found that the revisions address all of the required regulatory
revisions for PM-10 increments promulgated by EPA on June 3, 1993. Note
that the State elected not to adopt 40 CFR 51.166(i)(12), which
provides an exemption from addressing the new PM-10 increments for
sources who have submitted a PSD permit application which the State has
determined to be complete before the PM-10 increments take effect.
Montana's rules do not contain this grandfathering clause, which is
acceptable.
(2) North Dakota's Submittal. In order to address the PM-10
increments, the State of North Dakota revised the following sections of
its PSD permitting regulations in Chapter 33-15-15-01 of the North
Dakota Air Pollution Control Rules: Sections 1.c., 1.e.(4),
1.aa.(2)(c), 2.b., 4.d.(3)(a), and 4.j.(4)(b). EPA has reviewed these
revisions and has found that the revisions address all of the required
regulatory revisions for PM-10 increments promulgated by EPA on June 3,
1993. Note that the State elected not to adopt 40 CFR 51.166(i)(12),
which provides an exemption from addressing the new PM-10 increments
for sources who have submitted a PSD permit application which the State
has determined to be complete before the PM-10 increments take effect.
North Dakota's rules did not include this grandfathering clause, which
is acceptable.
(3) Utah's Submittal. In order to address the PM-10 increments, the
State of Utah revised the following sections of its PSD permitting
regulations: the definition of ``net emissions increase'' in UACR R307-
1-1 and Sections 3.6.3.A., 3.6.3.B., 3.6.3.D.(2) and (3), 3.6.4.C.(2),
3.6.4.D., 3.6.5.E.(2), and 3.6.5.F.(2) in UACR R307-1-3. EPA has
reviewed these revisions and has found that the revisions adequately
address all of the required regulatory revisions for PM-10 increments
promulgated by EPA on June 3, 1993.
(4) Wyoming's Submittal. In order to address the PM-10 increments,
the State of Wyoming revised the following sections of its PSD
permitting rules in Section 24 of the State's regulations: Subsections
(a)(ix)(B)(III), (a)(xii)(D), (a)(xv)(B), (b)(i)(A)(I),
(b)(i)(E)(VI)(1)(k), (b)(viii), and (b)(xii)(I). EPA has reviewed these
revisions and has found that the revisions address all of the required
regulatory revisions for PM-10 increments promulgated by EPA on June 3,
1993. Note that the State elected not to adopt the provision of 40 CFR
51.166(b)(14)(iv) which allows a State to rescind a minor source
baseline date if it can be shown that the emissions increase from the
major stationary source, or the net emissions increase from the major
modification, responsible for triggering that date did not result in a
significant amount of PM-10 emissions. The State is thus being more
stringent than the Federal regulations regarding this issue, which is
acceptable.
EPA consequently finds that the revised PSD regulations for
Montana, North Dakota, Utah, and Wyoming adequately address all of the
required revisions of the June 3, 1993 Federal Register document for
PM-10 increments. For further details, see the Technical Support
Document (TSD) accompanying this action.
b. TSP Area Deletions. Section 107(d) of the 1977 Amendments to the
Act authorized each State to submit to the Administrator a list
identifying those areas which (1) do not meet a national ambient air
quality standard (NAAQS) (nonattainment areas), (2) cannot be
classified on the basis of available ambient data (unclassifiable
areas), and (3) have ambient air quality levels better than the NAAQS
(attainment areas). In 1978, the EPA published the original list of all
area designations pursuant to section 107(d)(2) (commonly referred to
as ``section 107 areas''), including those designations for TSP, in 40
CFR part 81.
One of the purposes stated in the Act for the section 107 areas is
for implementation of the statutory requirements for PSD. The PSD
provisions of part C of the Act generally apply in all section 107
areas that are designated attainment or unclassifiable (40 CFR
52.21(i)(3)). Under the PSD program, the air quality in an attainment
or unclassifiable area is not allowed to deteriorate beyond prescribed
maximum allowable increases in pollutant concentrations (i.e.,
increments).
EPA revised the primary and secondary NAAQS for particular matter
on July 1, 1987 (52 FR 24634), eliminating TSP as the indicator for the
NAAQS and replacing it with the PM-10 indicator. However, EPA did not
delete the section 107 areas for TSP listed in 40 CFR part 81 at that
time because there were no increments for PM-10 promulgated at that
time.\1\ States were required to continue implementing the TSP
increments in order to prevent significant deterioration of particulate
matter air quality until the PM-10 increments replaced the TSP
increments. With the State adoption and implementation of the PM-10
increments becoming effective, the TSP area designations generally
serve no useful purpose relative to the PSD program. Instead, the PM-10
area designations now serve to properly identify those areas where air
quality is better than the NAAQS, i.e., ``PSD areas,'' and to provide
the geographic
[[Page 55795]]
link necessary for implementation of the PM-10 increments.\2\
\1\The EPA did not promulgate new PM-10 increments
simultaneously with the promulgation of the PM-10 NAAQS. Under
section 166(b) of the Act, EPA is authorized to promulgate new
increments ``not more than 2 years after the date of promulgation of
* * * standards.'' Consequently, EPA temporarily retained the TSP
increments, as well as the section 107 areas for TSP.
\2\It should be noted that 40 CFR part 81 does not presently
list all section 107 areas for PM-10. Only those areas designated
``nonattainment'' appear in the State listings. This is because
under the listings published by EPA in the Federal Register on
November 6, 1991, EPA's primary objective was to identify
nonattainment areas designated as such by operation of law upon
enactment of the 1990 Amendments. For States having no PM-10
nonattainment areas designated by operation of law, EPA did not
include a new PM-10 listing. Nevertheless, section 107(d)(4)(B)(iii)
mandates that all areas not designated nonattainment for PM-10 by
operation of law, are designated unclassifiable. The PM-10
increments apply in any area designated unclassifiable for PM-10.
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Thus, in the June 3, 1993 Federal Register document in which EPA
promulgated the PM-10 increments, EPA stated that, for States with SIP-
approved PSD programs, EPA would delete the TSP area designations at
the same time EPA approves the revision to a State's plan incorporating
the PM-10 increments. For delegated PSD programs or in States where EPA
administers the PSD program, the TSP area designations were to be
deleted after the PM-10 increments became effective in those States
(i.e., June 3, 1994). In deleting any State's TSP area designations,
EPA must ensure that the deletion of those designations will not result
in a relaxation of any control measures that ultimately protect the PM-
10 NAAQS.
(1) Montana's TSP Areas. Montana has four areas listed in 40 CFR
part 81 as nonattainment for the TSP standards but which are not
designated nonattainment for PM-10: the Colstrip area, the Billings
area, the Great Falls area, and the East Helena area were all
designated nonattainment for the secondary TSP standard. EPA has
reviewed the existing approved particulate matter control strategies
for these areas and has determined that the deletion of the TSP
nonattainment status for these areas will not result in a relaxation of
any controls that would adversely impact the PM-10 NAAQS. Consequently,
EPA believes it is appropriate at this time to delete the TSP
designations for these areas. If the State subsequently revises any of
the particulate matter control strategies currently in the SIP for
these areas, it must submit a SIP revision to EPA for approval that
must meet all applicable requirements of the Act. EPA will retain for
PM-10 these four section 107 areas listed in the current TSP table for
Montana, consistent with the June 3, 1993 Federal Register document
which requires retention of the TSP baseline areas for PM-10 unless
revised by the State in accordance with 40 CFR 51.166.
Montana has three areas in the State designated nonattainment for
TSP which are also included in nonattainment designations for PM-10:
the City of Missoula and the Missoula area (the City is designated
nonattainment for the primary TSP standard and the Missoula area is
designated nonattainment for the secondary TSP standard), the Butte
area, and the City of Columbia Falls. The State has adopted PM-10 SIPs
for all of these areas, and these plans have all been approved by EPA.
(See 59 FR 2537-2540, January 18, 1994, for Missoula; 59 FR 11550-
11554, March 11, 1994, for Butte; and 59 FR 17700-17703, April 14,
1994, for Columbia Falls.) Thus, EPA believes it is appropriate at this
time to delete the TSP area designations for these areas. However,
there are some discrepancies in the boundaries between the TSP
nonattainment designations and the PM-10 nonattainment designations for
the areas of Missoula and Butte. Specifically, the PM-10 nonattainment
boundaries for the Missoula and Butte areas do not encompass the TSP
nonattainment boundaries for those same areas. Thus, the area in
between the TSP nonattainment boundary and the PM-10 nonattainment
boundaries for these areas could be considered separate section 107
areas for PM-10. However, after discussing this issue with the State,
it has been mutually agreed upon that these ``in-between'' areas would
be incorporated into the ``rest of State'' section 107 designation.
As stated above, the State has adopted adequate provisions in its
PSD program for the implementation of the PM-10 increments. Therefore,
EPA is deleting the State's existing TSP designation table in 40 CFR
81.327.
(2) North Dakota's TSP Areas. As stated above, North Dakota has
adopted and submitted adequate PSD revisions for PM-10 increments. In
addition, North Dakota had no TSP areas designated as nonattainment.
Thus, deletion of the TSP area designations will not result in
relaxation of any TSP controls that would impact the PM-10 NAAQS. Since
North Dakota also has no PM-10 nonattainment areas designated in the
State, there is no PM-10 designation table currently in 40 CFR part 81
for North Dakota. Therefore, EPA is deleting the TSP area designation
table and is creating a PM-10 area designation table in 40 CFR 81.335.
EPA will retain for PM-10 the two section 107 areas listed in the
current TSP table for North Dakota, consistent with the June 3, 1993
Federal Register document which requires retention of the TSP baseline
areas for PM-10 unless revised by the State in accordance with 40 CFR
51.166.
(3) Utah's TSP Areas. As stated above, Utah has adopted and
submitted adequate PSD revisions for PM-10 increments. In addition,
Utah has in place EPA-approved PM-10 SIPs for the two areas in the
State which were previously designated nonattainment for TSP and which
are currently designated nonattainment for PM-10: Salt Lake County and
Davis County. See the July 8, 1994 Federal Register document for
further details on EPA's approval of the PM-10 SIPs for those areas (59
FR 35036). Since the State has adopted, and EPA has approved, PM-10
SIPs for the State's two areas that were designated nonattainment for
TSP, EPA believes it is appropriate at this time to delete the TSP area
designations. Therefore, EPA is deleting the State's existing TSP
designation table in 40 CFR 81.345.
(4) Wyoming's TSP Areas. As stated above, Wyoming has adopted and
submitted adequate PSD revisions for PM-10 increments. Wyoming has one
area listed in 40 CFR part 81 as nonattainment for the TSP secondary
standards: the Trona Industrial Area. However, this area was not
subsequently designated nonattainment for PM-10. EPA has reviewed the
existing approved particulate matter control strategy for the Trona
Industrial Area and has determined that the deletion of the TSP
nonattainment status for that area will not result in a relaxation of
any controls that would adversely impact the PM-10 NAAQS. Consequently,
EPA believes it is appropriate at this time to delete the TSP area
designations for Wyoming. If the State subsequently revises any of the
particulate matter control strategies currently in the SIP for the
Trona Industrial Area, it must submit a SIP revision to EPA meeting all
applicable requirements of the Act.
As discussed further in the TSD, EPA established at the State's
request three new separate areas under section 107 of the Act for
particulate matter on January 14, 1993 (see 58 FR 4348), and a fourth
area was designated under section 107 of the Act on September 12, 1995.
Since the June 3, 1993 Federal Register document requires retention of
the TSP baseline areas for PM-10 (unless revised by the State in
accordance with 40 CFR 51.166), EPA will incorporate those areas, as
well as the Trona Industrial area, into the existing table for Wyoming
PM-10 area designations in 40 CFR 81.351.
(5) South Dakota's TSP Areas. The State of South Dakota was
delegated authority to implement and enforce the Federal PSD permitting
regulations in 40 CFR 52.21 on July 6, 1994 (see 59 FR 47260, September
15, 1994). As
[[Page 55796]]
discussed above, the PM-10 increments were thus effective in South
Dakota on June 3, 1994. Therefore, it is appropriate at this time for
EPA to delete the TSP area designations in 40 CFR part 81 for South
Dakota. South Dakota has one area listed in 40 CFR part 81 as
nonattainment for the TSP primary standard: the Rapid City Area.
However, this area was not subsequently designated nonattainment for
PM-10. EPA has reviewed the existing approved particulate matter
control strategy for the Rapid City Area and has determined that the
deletion of the TSP nonattainment status for that area will not result
in a relaxation of any controls that would adversely impact the PM-10
NAAQS. Consequently, EPA believes it is appropriate at this time to
delete the TSP area designations for South Dakota. If the State
subsequently revises any of the particulate matter control strategies
currently in the SIP for the Rapid City Area, it must submit a SIP
revision to EPA meeting all applicable requirements of the Act.
Since South Dakota also has no PM-10 nonattainment areas designated
in the State, there is no PM-10 designation table currently in 40 CFR
part 81 for South Dakota. Therefore, EPA is deleting the TSP area
designation table and is creating a PM-10 area designation table in 40
CFR 81.342. EPA will retain for PM-10 the two section 107 areas listed
in the current TSP table for South Dakota, consistent with the June 3,
1993 Federal Register document which requires retention of the TSP
baseline areas for PM-10 unless revised by the State in accordance with
40 CFR 52.21.
c. Utility Pollution Control Projects. On July 21, 1992, EPA
promulgated revisions to Federal PSD and nonattainment new source
review (NSR) permitting requirements, as well as to the Federal new
source performance standard (NSPS) requirements in 40 CFR part 60,
regarding utility pollution control projects (57 FR 32314-32339).
Specifically, EPA made changes to the definition of ``major
modification'' in 40 CFR parts 51 and 52 to set forth the conditions
under which the addition, replacement, or use at existing utility
generating units of any system or device whose primary function is the
reduction of air pollutants (including the switching to a less polluted
fuel where the primary purpose of the switch will be the reduction of
air pollutants) will or will not subject the source to preconstruction
review. Refer to the July 21, 1992 Federal Register document for
further information. States were not required to adopt revisions to
implement these changes regarding utility pollution control projects,
although these changes are in effect in areas where the Federal PSD
permitting regulations apply. Both North Dakota and Wyoming opted to
adopt revisions to their PSD programs implementing the July 21, 1992
Federal Register document.
(1) North Dakota's Submittal. In order to address the new
provisions for utility pollution control projects, the State revised
the following sections of its PSD permitting regulations in Chapter 33-
15-15-01 of the North Dakota Air Pollution Control Rules: Sections
1.a.(3) and (4), 1.h., 1.i., 1.m., 1.x.(2)(h)-(k), 1.bb., 1.dd., 1.ee.,
and 1.ff. EPA has reviewed these revisions and has found that the
revisions address all of the regulatory revisions for utility pollution
control projects promulgated by EPA on July 21, 1992. However, there
are two definitions in which the State used the term ``administrator of
EPA'' when, in fact, EPA's PSD regulations allow the State to have
authority for those decisions. Therefore, EPA is delegating the State
authority for the following decisions:
(a) In the definition of ``major modification'' in 33-15-15-
01.1.x.(2)(h)[1] and [2], the State will have authority (rather than
EPA as stated in North Dakota's rule) to determine whether the
addition, replacement, or use of a pollution control project at an
existing electric utility steam generating unit can be excluded from
being considered a physical change or change in the method of
operation; and
(b) In the definition of ``repowering'' in 33-15-15-01.1.ff.(2),
the State will be the authority (rather than EPA as stated in the
State's rule) to give expedited consideration to permit applications
for any source that satisfies the ``repowering'' requirements and is
granted an extension under section 409 of the Act.
(2) Wyoming's Submittal. In order to address the new provisions for
utility pollution control projects, the State revised the following
sections of its PSD permitting regulations in Section 24 of the State's
rules: Subsections (a)(x)(H)-(K), (a)(xix) (D) and (E), (a)(xxviii),
(a)(xxix), (a)(xxx), (a)(xxxi), (a)(xxxii), (a)(xxxiii), (a)(xxxiv),
and (a)(xxxv). EPA has reviewed these revisions and has found that the
revisions adequately address all of the regulatory revisions for
utility pollution control projects promulgated by EPA on July 21, 1992.
Consequently, EPA is approving the PSD revisions regarding utility
pollution control projects submitted by North Dakota and Wyoming.
d. Other PSD SIP Revisions. (1) North Dakota's Submittal. In order
to address the PSD provisions for municipal waste combustors
promulgated by EPA on February 11, 1991 (see 56 FR 5506), the State of
North Dakota revised the definition of ``significant'' in Section 33-
15-15-01.1.hh. of the State's rules. EPA has reviewed the revision and
has found it consistent with the municipal waste combustor pollutant
significance levels in 40 CFR 51.166(b)(23). Therefore, EPA is
approving this revision.
(2) Utah's Submittal. The State of Utah also made minor
administrative revisions in its PSD program to the definitions of
``baseline date,'' ``baseline area,'' and ``significant'' in UACR R307-
1-1 and Sections 3.6.2.B., 3.6.2.D., 3.6.2.E., 3.6.4.A.(1), 3.6.4.C.(1)
and (2), 3.6.5.A., 3.6.5.B.(1)(a), 3.6.5.C., 3.6.5.D., 3.6.5.E.(1),
3.6.5.F.(1), and 3.6.6 of UACR R307-1-3. EPA has reviewed these minor
changes and finds the changes approvable.
(3) Wyoming's Submittal. In Wyoming's March 14, 1995 SIP submittal,
the State revised the definition of ``minor source baseline date'' so
that it will be triggered no later than January 1, 2001. The State had
previously set the minor source baseline date to be triggered no later
than January 1, 1996. In any case, the State is not required by EPA to
set a mandatory minor source baseline date. The State is only required
to have the minor source baseline date be triggered by the first
complete PSD permit application for a major stationary source or major
modification locating in or significantly impacting an attainment/
unclassifiable area designated under section 107 of the Act, and the
State's definition of ``minor source baseline date'' meets that
requirement. Thus, since the State definition is more stringent than
the Federal definition, it is approvable.
III. Final Action
Based on the review and justification provided in this document,
EPA is approving the SIP revisions regarding PSD permitting submitted
by the States of Montana, North Dakota, Utah, and Wyoming on May 22,
1995, April 29, 1994, February 1, 1995, and March 14, 1995,
respectively.
In addition, EPA is deleting the TSP area designation tables and/or
revising the PM-10 area designation tables in 40 CFR part 81 as
follows:
A. For Montana, EPA is deleting the TSP area designation table and
is adding the Colstrip area, the Billings area, the Great Falls area,
and the East Helena area to the existing PM-10 area designation table
as unclassifiable for
[[Page 55797]]
PM-10 in 40 CFR 81.327.3 In addition, EPA is incorporating the
area in between the TSP nonattainment boundary and the PM-10
nonattainment boundary for the Missoula and Butte areas into the ``rest
of State'' section 107 designation.
\3\EPA is designating the PM-10 areas as unclassifiable, rather
than attainment, at this time to be consistent with section
107(d)(4)(B) of the Act which stated that any area which was not
initially designated as nonattainment for PM-10 shall be designated
unclassifiable. EPA will consider redesignating these areas to
``attainment'' status at a later date. Both ``unclassifiable'' and
``attainment'' areas have the same status for PSD purposes.
---------------------------------------------------------------------------
B. For North Dakota, EPA is deleting the TSP area designation table
and is creating a PM-10 area designation table listing the
``Metropolitan Fargo-Moorhead (Minn.), AQCR 130'' area and the ``Rest
of State, AQCR 172'' area as unclassifiable for PM-10 in 40 CFR
81.335.4
\4\See footnote number 4.
---------------------------------------------------------------------------
C. For Utah, EPA is deleting the TSP area designation table in 40
CFR 81.345.
D. For Wyoming, EPA is deleting the TSP area designation table and
is adding the ``Powder River Basin'' area, the ``Pacific Power and
Light'' area, the ``Hampshire Energy'' area, the ``Kennecott/Puron PSD
Baseline Area,'' and the ``Trona Industrial'' area to the existing PM-
10 area designation table as unclassifiable for PM-10 in 40 CFR
81.351.5
\5\See footnote number 4.
---------------------------------------------------------------------------
E. For South Dakota, EPA is deleting the TSP area designation table
and is creating a PM-10 area designation table listing the ``Rapid
City'' area and the ``Rest of State'' area as unclassifiable for PM-10
in 40 CFR 81.342.6
\6\See footnote number 4.
---------------------------------------------------------------------------
In all of these State's PM-10 area designation tables, EPA is
clarifying that the ``Rest of State'' areas denote a single area
designation for PSD baseline area purposes. In addition, EPA is
revising the headings of all of the PM-10 area designation tables in 40
CFR part 81 to read as follows: ``[Name of State]--PM-10.''
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. Under the procedures
established in the May 10, 1994 Federal Register (59 FR 24054), this
action will be effective January 2, 1996 unless, by December 4, 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 January 2, 1996.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to a SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
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 economic 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.
Approvals of SIP submittals under section 110 and subchapter I,
part D of the Clean Air Act do not create any new requirements, but
simply approve requirements that the State is already imposing.
Therefore, because the Federal SIP approval does not impose any new
requirements, I certify that it does not have a significant impact on
small entities. Moreover, due to the nature of the Federal-state
relationship under the Clean Air Act, preparation of a regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
E.P.A., 427 U.S. 246, 256-66 (1976); 42 U.S.C. 7410(a)(2).
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 110 of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also require the private sector to
perform certain duties. The rules being approved by this action will
impose no new requirements; such sources are already subject to these
regulations under State law. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action. EPA has also determined that this final action does not
include a mandate that may result in estimated costs of $100 million or
more to State, local, or tribal governments in the aggregate or to the
private sector.
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 January 2, 1996. 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 must 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)).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: September 19, 1995.
Jack W. McGraw,
Acting Regional Administrator.
Title 40, chapter I of the Code of Federal Regulations is amended
as follows:
[[Page 55798]]
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart BB--Montana
2. Section 52.1320 is amended by adding paragraph (c)(42) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(42) On May 22, 1995, the Governor of Montana submitted revisions
to the prevention of significant deterioration regulations in the
Administrative Rules of Montana to incorporate changes in the Federal
PSD permitting regulations for PM-10 increments.
(i) Incorporation by reference.
(A) Revisions to Administrative Rules of Montana (ARM), rules
16.8.945(3)(c), 16.8.945(21)(d), 16.8.945(24)(d), 16.8.947(1),
16.8.953(7)(a), and 16.8.960(4), effective 10/28/94.
* * * * *
Subpart JJ--North Dakota
3. Section 52.1820 is amended by adding paragraph (c)(27) to read
as follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
(27) On April 29, 1994, the Governor of North Dakota submitted
revisions to the prevention of significant deterioration regulations in
chapter 33-15-15 of the North Dakota Air Pollution Control Rules to
incorporate changes in the Federal PSD permitting regulations for
utility pollution control projects, PM-10 increments, and municipal
waste combustors.
(i) Incorporation by reference.
(A) Revisions to Chapter 33-15-15 of the North Dakota Air Pollution
Control Rules, Section 33-15-15-01, Subsections 1.a.(3) and (4), 1.c,
1.e.(4), 1.h, 1.i, 1.m, 1.x.(2)(h)-(k), 1.aa.(2)(c), 1.bb, 1.dd, 1.ee,
1.ff, 1.hh, 2.b, 4.d.(3)(a), and 4.j.(4)(b), effective 3/1/94.
Subpart TT--Utah
4. Section 52.2320 is amended by adding paragraph (c)(31) to read
as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(31) On February 1, 1995, the Governor of Utah submitted revisions
to the prevention of significant deterioration permitting regulations
in R307-1-1 and R307-1-3 of the Utah Air Conservation Regulations to
incorporate changes in the Federal PSD permitting regulations for PM-10
increments and to make other minor, administrative changes.
(i) Incorporation by reference.
(A) Revisions to the Utah Air Conservation Regulations, R307-1-1,
the definitions of ``baseline area,'' ``baseline date,'' ``net
emissions increase,'' and ``significant,'' effective 9/22/94, printed
10/24/94.
(B) Revisions to the Utah Air Conservation Regulations, R307-1-3,
Sections 3.6.2.B, 3.6.2.D, 3.6.2.E, 3.6.3.A, 3.6.3.B, 3.6.3.D.(2) and
(3), 3.6.4.A.(1), 3.6.4.C, 3.6.4.D, 3.6.5.A, 3.6.5.B.(1)(a), 3.6.5.C,
3.6.5.D, 3.6.5.E, 3.6.5.F, and 3.6.6, effective 10/1/94, printed 10/24/
94.
Subpart ZZ--Wyoming
5. Section 52.2620 is amended by adding paragraph (c)(26) to read
as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(c) * * *
(26) On March 14, 1995, the Governor of Wyoming submitted revisions
to the prevention of significant deterioration permitting regulations
in Section 24 of the Wyoming Air Quality Standards to incorporate
changes in the Federal PSD permitting regulations for utility pollution
control projects, PM-10 increments, and to make other minor changes.
(i) Incorporation by reference.
(A) Revisions to Section 24 of the Wyoming Air Quality Standards,
subsections (a)(ix)(B), (a)(x)(H)-(K), (a)(xii)(D), (a)(xv),
(a)(xix)(D) and (E), (a)(xxviii)-(xxxv), (b)(i)(A)(I),
(b)(i)(E)(VI)(1), (b)(viii), and (b)(xii)(I), effective 2/13/95.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Secs. 81.302, 81.303, 81.305, 81.306, 81.307, 81.313, 81.314, 81.315,
81.320, 81.323, 81.327, 81.329, 81.332, 81.336, 81.338, 81.339, 81.344,
81.345, 81.348, 81.349, 81.351 and 81.355 [Amended]
2. In each of the following sections, in the heading of the table
for PM-10 nonattainment areas, the words ``Nonattainment Areas'' are
removed: Secs. 81.302, 81.303, 81.305, 81.306, 81.307, 81.313, 81.314,
81.315, 81.320, 81.323, 81.327, 81.329, 81.332, 81.336, 81.338, 81.339,
81.344, 81.345, 81.348, 81.349, 81.351 and 81.355.
Secs. 81. 327, 81. 335, 81.342, 81.345 and 81.351 [Amended]
3. Sections 81.327, 81.335, 81.342, 81.345, and 81.351 are further
amended as follows:
3-1. By removing the table in each section for TSP;
3-2. In Secs. 81.327, 81.345, and 81.351 by revising the newly
renamed table for PM-10 to read as set forth below;
3-3. In Secs. 81.335 and 81.342 by adding a new table for PM-10 to
read as set forth below.
Sec. 81.327 Montana.
* * * * *
Montana--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
Cascade County, Great Falls area.......... 11/15/90 Unclassifiable............ ...........
Flathead County:
[[Page 55799]]
The area bounded by lines from 11/15/90 Nonattainment............. 11/15/90 Moderate.
Universal Transmercator (UTM)
coordinate 700000mE, 5347000mN, east
to 704000mE, 5347000mN, south to
704000mE, 5341000mN, west to
703000mE, 5341000mN, south to
703000mE, 5340000mN, west to
702000mE, 5340000mN, south to
702000mE, 5339000mN, east to
703000mE, 5339000mN, south to
703000mE, 5338000mN, east to
704000mE, 5338000mN, south to
704000mE, 5336000mN, west to
702000mE, 5336000mN, south to
702000mE, 5335000mN, west to
700000mE, 5335000mN, north to
700000mE, 5340000mN, west to
695000mE, 5340000mN, north to
695000mE, 5345000mN, east to
700000mE, 5345000mN, north to
700000mE, 5347000mN.
Columbia Falls and vicinity........... 11/15/90 Nonattainment............. 11/15/90 Moderate.
Township T30N, R20W--Sections 7, 8, 9,
16, 17, and 18
The City of Whitefish and surrounding 11/18/93 Nonattainment............. 11/18/93 Moderate.
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.
Lake County, Ronan, Polson................ 11/15/90 Nonattainment............. 11/15/90 Moderate.
Lincoln County, Libby and vicinity........ 11/15/90 Nonattainment............. 11/15/90 Moderate.
T30N, R31W--Sections 2, 3, 4, 5, 9, 10,
11, 14, 15, 23, 26, 35, and west \1/2\ of
Section 24, west \1/2\ of Section 25, and
west \1/2\ of Section 36; plus T31N,
R31W--Sections 26, 27, 29, 32, 33, 34, 35
and the east \1/2\ of Section 30.
Lewis and Clark County, East Helena area.. 11/15/90 Unclassifiable............ ........... ..............
Missoula County, Missoula and vicinity 11/15/90 Nonattainment............. 11/15/90 Moderate.
including the following sections:
T13N, R19W--2, 8, 11, 14, 15, 16, 17, 19,
20, 21, 22, 23, 24, 27, 28, 29, 30, 31,
32, 33, and 34; T12N, R19W--Sections 4,
5, 6, 7; T13N, R20W--Sections 23, 24, 25,
26, 35, and 36.
Rosebud County:
Lame Deer............................. 11/15/90 Nonattainment............. 11/15/90 Moderate.
Colstrip area......................... 11/15/90 Unclassifiable............ ...........
Sanders County (part)................. 1/20/94 Nonattainment............. 1/20/94 Moderate.
Thompson Falls and vicinity: Including the
following Sections: R29W, T21N--Sections
5, 6, 7, 8, 9, 10, 15, and 16.
Silver Bow County, Butte.................. 11/15/90 Nonattainment............. 11/15/90 Moderate.
The following area of Butte-Silver Bow
excluding the territorial limits of the
City of Walkerville: Beginning at the
Northwest corner of Section 2, T.3N.,
R.8W., thence Easterly to Northeast
corner Section 5, T.3N., R.7W.; then
Southerly to Northwest corner Section 9,
T.3N., R.7W.; thence Easterly to
Northeast corner Section 10, T.3N.,
R.7W.; thence Southerly to Southeast
corner Section 22, T.2N., R.7W.; thence
Westerly to Southwest corner Section 19,
T.2N., R.7W.; thence Northerly to
Northwest corner Section 19, T.2N.,
R.7W.; thence Westerly to Southwest
corner Section 14, T.2N., R.8W.; thence
Northerly to Southwest corner Section 35,
T.3N., R.8W.; thence Westerly to
Southwest corner Section 34, T.3N.,
R.8W.; thence Northerly to Northwest
corner Section 27, T.3N., R.8W.; thence
Westerly to Southwest corner Section 20,
T.3N., R.8W.; thence Northerly to
Northwest corner Section 17, T.3N.,
R.8W.; thence Easterly to Northwest
corner Section 14, T.3N., R.8W.; thence
Northerly to the point of beginning.
Yellowstone County, Billings area......... 11/15/90 Unclassifiable............ ...........
Rest of State\1\.......................... 11/15/90 Unclassifiable............ ...........
----------------------------------------------------------------------------------------------------------------
\1\Denotes a single area designation for PSD baseline area purposes.
* * * * *
Sec. 81.335 North Dakota.
* * * * *
North Dakota--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
Metropolitan Fargo-Moorhead (Minn.), AQCR 11/15/90 Unclassifiable............ ...........
130.
Rest of State, AQCR 172\1\................ 11/15/90 Unclassifiable............ ...........
----------------------------------------------------------------------------------------------------------------
\1\Denotes a single area designation for PSD baseline area purposes.
* * * * *
[[Page 55800]]
Sec. 81.342 South Dakota.
* * * * *
South Dakota--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
Rapid City Area........................... 11/15/90 Unclassifiable............ ...........
Rest of State\1\.......................... 11/15/90 Unclassifiable............ ...........
----------------------------------------------------------------------------------------------------------------
\1\Denotes a single area designation for PSD baseline area purposes.
* * * * *
Sec. 81.345 Utah.
* * * * *
Utah--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
Salt Lake County.......................... 11/15/90 Nonattainment............. 11/15/90 Moderate.
Utah County............................... 11/15/90 Nonattainment............. 11/15/90 Moderate.
Ogden Area Weber County (part) City of 9/26/95 Nonattainment............. 9/26/95 Moderate.
Ogden.
Rest of State\1\.......................... 11/15/90 Unclassifiable............ ...........
----------------------------------------------------------------------------------------------------------------
\1\Denotes a single area designation for PSD baseline area purposes.
* * * * *
Sec. 81.351 Wyoming.
* * * * *
Wyoming--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
Sheridan County:
City of Sheridan...................... 11/15/90 Nonattainment............. 11/15/90 Moderate.
Trona Industrial Area................. 11/15/90 Unclassifiable............ ...........
Campbell County (part)
Converse County (part), That area bounded 11/15/90 Unclassifiable............ ...........
by Township 40 through 52 North, and
Ranges 69 through 73 West, inclusive of
the Sixth Principal Meridian, Campbell
and Converse Counties, excluding the
areas defined as the Pacific Power and
Light attainment area and the Hampshire
Energy attainment area.--Powder River
Basin.
Campbell County (part), That area bounded 11/15/90 Unclassifiable............ ...........
by NW1/4 of Section 27, T50N, R71W,
Campbell County, Wyoming.--Pacific Power
and Light Area.
Campbell County (part), That area bounded 11/15/90 Unclassifiable............ ...........
by Section 6 excluding the SW\1/4\; E\1/
2\ Section 7; Section 17 excluding the
SW\1/4\; Section 14 excluding the SE\1/
4\; Sections 2, 3, 4, 5, 8, 9, 10, 11,
15, 16 of T48N, R70W and Section 26
excluding the NE\1/4\; SW\1/4\ Section
23; Sections 19, 20, 21, 22, 27, 28, 29,
30, 31, 32, 33, 34, 35 of T49N, R70W.--
Hampshire Energy Area.
Campbell County (part), That area 11/15/90 Unclassifiable............ ...........
described by the W\1/2\SW\1/4\ Section
18, W\1/2\NW\1/4\, NW\1/4\SW\1/4\ Section
19, T47N, R70W, S\1/2\ Section 13, N\1/
2\, N\1/2\SW\1/4\, N\1/2\SE\1/4\ Section
24, T47N, R71W.--Kennecott/Puron PSD
Baseline Area.
Rest of State\1\.......................... 11/15/90 Unclassifiable............ ...........
----------------------------------------------------------------------------------------------------------------
\1\Denotes a single area designation for baseline area purposes.
* * * * *
[[Page 55801]]
[FR Doc. 95-27062 Filed 11-2-95; 8:45 am]
BILLING CODE 6560-50-P
