[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Rules and Regulations]
[Pages 27891-27893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12929]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[ID12-1-6992a; FRL -5206-6]
Approval and Promulgation of Implementation Plans: State of Idaho
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: On August 25, 1994, the Environmental Protection Agency (EPA)
issued a direct final rule approving the State Implementation Plan for
the Pinehurst, Idaho, PM-10 (particulate matter with an aerodynamic
diameter of less than or equal to a nominal ten micrometers)
nonattainment area (59 FR 43745 (August 25, 1994)). In this rulemaking
action, EPA is approving the provisions of that plan for the area just
outside the City of Pinehurst which was designated nonattainment in
January 1994.
EFFECTIVE DATE: This direct final rule will be effective on July 25,
1995 unless adverse or critical comments are received by June 26, 1995.
If the effective date is delayed, timely notice will be published in
the Federal Register.
ADDRESSES: Written comments should be addressed to: Montel Livingston,
SIP Manager, EPA, Air & Radiation Branch (AT-082), 1200 Sixth Avenue,
Seattle, Washington 98101.
Copies of material submitted to EPA may be examined during normal
business hours at the following locations: EPA, Region 10, Air &
Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington
98101, and the State of Idaho Division of Environmental Quality, 1410
N. Hilton, Boise, ID 83720.
FOR FURTHER INFORMATION CONTACT: Doug Cole, EPA, Idaho Operations
Office, 1435 N. Orchard St., Boise, ID 83706, (208) 334-9555.
SUPPLEMENTARY INFORMATION:
I. Background
On August 25, 1994, EPA issued a direct final rule approving the
State Implementation Plan (SIP) for the Pinehurst PM-10 nonattainment
area in Shoshone County, Idaho. See 59 FR 43745. The rule became
effective October 24, 1994. In that document, EPA described its
approval action as covering the Pinehurst, Idaho nonattainment area
that was designated nonattainment for PM-10 and classified as moderate
under sections 107(d)(4)(B) and 188(a) of the Clean Air Act upon
enactment of the 1990 Clean Air Act Amendments (citing 56 FR 56694
(November 6, 1991)).\1\ The document inadvertently failed to explain,
however, that, effective January 20, 1994, EPA approved the
redesignation of an additional area in Shoshone County, adjacent to the
Pinehurst nonattainment area, as nonattainment for PM-10. See 58 FR
67334, 67339 (December 21, 1993) and 40 CFR 81.313 (codified air
quality designations for the State of Idaho). Further, the August 25,
1994 document did not explain that the SIP revision submitted by Idaho
to address certain moderate PM-10 nonattainment planning requirements
for Pinehurst also applied to the adjacent moderate PM-10 nonattainment
area.
\1\The 1990 Amendments to the Clean Air Act made significant
changes to the Act. See Public Law No. 101-549, 104 Stat. 2399.
References herein are to the Clean Air Act, as amended (``Act'' or
``CAA''). The Clean Air Act is codified, as amended, in the U.S.
Code at 42 U.S.C. 7401, et seq.
II. This Action
In this action, EPA is approving the PM-10 SIP submitted by the
State of Idaho on April 14, 1992 and described in the August 25, 1994
Federal Register [[Page 27892]] document (59 FR 43745), as meeting
certain Clean Air Act moderate PM-10 nonattainment area planning
requirements for the portion of the Shoshone County, Idaho
nonattainment area outside the City of Pinehurst.
In the Federal Register document approving the redesignation of the
area just outside the City of Pinehurst (hereinafter, the ``Pinehurst
expansion area''), EPA noted that if the moderate area PM-10 SIP
developed by the State for the City of Pinehurst also addressed the
Pinehurst expansion area and was ultimately approved by EPA, it would
satisfy the applicable planning requirements and therefore be
unnecessary for the State to submit a separate moderate area plan
addressing the Pinehurst expansion area. See 58 FR 67339. The control
strategies, attainment demonstration and other plan elements of the SIP
submitted by the State for the City of Pinehurst did in fact cover the
nonattainment boundary as revised effective January 20, 1994, although
EPA inadvertently failed to discuss this in its August 25, 1994
approval action. There are no differences in the manner in which the
control strategies and other plan elements apply within the City of
Pinehurst, on the one hand, and within the Pinehurst expansion area, on
the other hand. The plan cites the resolution of the Pinehurst City
Council supporting the voluntary wood burning curtailment program as a
factor in the program's effectiveness. However, there is no reason to
expect that the program would have less effect in the Pinehurst
expansion area, which is just outside city limits. Additionally, the
woodstove replacement and weatherizations programs are being applied to
the Pinehurst expansion area. Therefore, the evaluation and conclusions
in EPA's August 25, 1994 action approving the SIP for the City of
Pinehurst apply equally to the Pinehurst expansion area. Thus, EPA is
approving the Idaho SIP revision addressed in the August 25, 1994,
Federal Register document as also satisfying certain moderate PM-10
nonattainment planning requirements for the additional PM-10
nonattainment area in Shoshone County referred to as the Pinehurst
expansion area. See 40 CFR 81.313. EPA concludes that the State has
satisfied the requirements calling for: reasonably available control
measures (including reasonably available control technology); a
demonstration that the area will attain the PM-10 national ambient air
quality standards (NAAQS) as expeditiously as practicable; an accurate
emissions inventory; and the other moderate PM-10 nonattainment
planning requirements discussed in the August 25, 1994 Federal Register
document and underlying documents. EPA is also determining that major
stationary sources of PM-10 precursors do not contribute significantly
to PM-10 levels in excess of the NAAQS in the Pinehurst expansion area
and is therefore granting the exclusion from precursor control
requirements set out at section 189(e) of the CAA. See generally CAA
section 172 (c), 188 & 189; 57 FR 13498 (April 16, 1992) & 57 FR 18070
(April 28, 1992).
However, as indicated in the August 25, 1994 Federal Register
document, the State has not satisfied the requirement for contingency
measures for either the City of Pinehurst or the Pinehurst expansion
area. See CAA section 172 (c)(9) and 59 FR at 43750-43751. Contingency
measures for the City of Pinehurst were due on November 15, 1993 and
the State has until July 13, 1995 to correct this deficiency for the
City of Pinehurst or it will face federal highway or offset sanctions.
See 57 FR 13543 & 59 FR 43751. Contingency measures for the Pinehurst
expansion area are due July 20, 1995. See 58 FR 67341. The State's
obligation to submit a permit program for the construction and
operation of new and modified stationary sources of PM-10 (NSR program)
in the Pinehurst expansion area by July 13, 1995, has been satisfied by
the State's May 17, 1994 submittal of an NSR program covering all
nonattainment areas in the State. EPA is currently in the process of
reviewing the State's NSR program to determine if the program meets the
requirements of the CAA. EPA intends to take action on Idaho's NSR
program when EPA has completed its review.
For additional discussion of the control measures and other
planning requirements contained in the SIP and EPA's analysis, please
see the State submittal, EPA's approval of the plan for the City of
Pinehurst (59 FR 43745) and the docket supporting that approval.
III. Administrative Review
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, Part D of the CAA
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 any small entities affected. Moreover,
due to the nature of the federal-state relationship under the Act,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA 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 (S.Ct. 1976); 42
U.S.C. 7410(a)(2).
The 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, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective July 25, 1995 unless, within 30 days of its publication,
adverse or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent notice that will withdraw
the final action. All public comments received will be addressed in a
subsequent final rule based on this action serving as a proposed rule.
The 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 July 25, 1995.
The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air
Act Amendments enacted on November 15, 1990. The EPA has determined
that this action conforms with those requirements.
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 the SIP shall be
considered separately in light of specific technical, economic and
environmental factors and in relation to relevant statutory and
regulatory requirements.
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 [[Page 27893]] revised by an
October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. The OMB has exempted this
regulatory action from E.O. 12866 review.
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 July 25, 1995. 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), 42 U.S.C.
7607(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
Dated: April 28, 1995.
Chuck Clarke,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1.The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart N--Idaho
2. Section 52.670 is amended by revising paragraph (c)(28)
introductory text to read as follows:
Sec. 52.670 Identification of plan.
* * * * *
(c) * * *
(28) On April 14, 1992, the State of Idaho submitted a revision to
the SIP for Pinehurst, ID, for the purpose of bringing about the
attainment of the national ambient air quality standards for
particulate matter with an aerodynamic diameter less than or equal to a
nominal 10 micrometers. This submittal includes an additional area in
Shoshone County adjacent to the City of Pinehurst which EPA designated
nonattainment and moderate for PM-10 on January 20, 1994.
* * * * *
[FR Doc. 95-12929 Filed 5-25-95; 8:45 am]
BILLING CODE 6560-50-P
