[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47297-47300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22150]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[FRL-5279-6]
Designation of Areas for Air Quality Planning Purposes; Wyoming;
Redesignation of Particulate Matter Attainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this document, EPA is approving a December 19, 1994 request
from the Governor of Wyoming to redesignate the Powder River Basin
particulate matter attainment area in portions of Campbell and Converse
Counties to exclude an area designated as the Kennecott/Puron
Prevention of Significant Deterioration (PSD) Baseline area, pursuant
to section 107 of the Clean Air Act (Act). EPA is designating the
Kennecott/Puron PSD Baseline area as a separate particulate matter
attainment area under section 107 of the Act. EPA is approving the
State's
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redesignation request because the State has adequately followed the
applicable Federal requirements and policy. Approval of the section 107
redesignation eliminates the minor source baseline date for particulate
matter in the Powder River Basin area which was triggered by the
submittal of a complete PSD permit application for the Kennecott/Puron
facility.
DATES: This final rule is effective on November 13, 1995 unless adverse
or critical comments are received by October 12, 1995. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Copies of the State's submittal and other relevant
information are available for inspection during normal business hours
at the following locations: Air Programs Branch, U.S. Environmental
Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver,
Colorado 80202-2466; and Air Quality Division, Wyoming Department of
Environmental Quality, 122 West 25th Street, Herschler Building,
Cheyenne, Wyoming 82002.
FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8ART-AP, U.S.
Environmental Protection Agency, Region VIII, 999 18th Street, Suite
500, Denver, Colorado 80202-2466, (303) 293-1765.
SUPPLEMENTARY INFORMATION:
I. Background
The Powder River Basin particulate matter attainment area was
initially designated by EPA in the January 14, 1993 Federal Register
(see 58 FR 4348-4350). This designation was established in accordance
with the Federal PSD regulations, which provide States with the option
of establishing numerous PSD baseline areas under section 107(d) of the
Act, as long as the baseline areas do not intersect or are not smaller
than the area of 1 g/m3 ambient impact of any major
stationary source or major modification which established the minor
source baseline date or which was subject to PSD permitting
requirements (see 40 CFR 52.21(a)(15)).
This designation of the Powder River Basin as a separate baseline
area under section 107 of the Act effectively ``untriggered'' the
particulate matter minor source baseline date in the Powder River Basin
particulate matter attainment area. The State's PSD regulations at that
time provided that the particulate matter minor source baseline date in
the Powder River Basin area would not be triggered until the submittal
of the first complete PSD permit application for a major stationary
source or major modification locating in or significantly impacting the
Powder River Basin particulate matter attainment area, or by January 1,
1996, whichever occurred first. The State has since amended its PSD
regulations to trigger the particulate matter minor source baseline
date in the Powder River Basin no later than January 1, 2001.
Subsequently, in August of 1994, a PSD permit application was
submitted for the Kennecott/Puron facility to construct a large coal
beneficiation plant in the Powder River Basin of Campbell County,
Wyoming. In order to avoid triggering the particulate matter minor
source baseline date for the entire Powder River Basin particulate
matter attainment area, the State submitted a request on December 19,
1994 to redesignate the Powder River Basin particulate matter
attainment area to exclude the 1 g/m\3\ air quality impact
area of the Kennecott/Puron facility. As stated above, this is allowed
under the Federal PSD permitting regulations, as long as the area to be
excluded from the Powder River Basin particulate matter attainment area
encompasses the entire 1 g/m\3\ ambient impact of the
Kennecott/Puron facility.
II. Evaluation of State's Submittal
The State's December 19, 1994 submittal consisted of a description
of the boundary of the Kennecott/Puron PSD Baseline area to be excluded
from the Powder River Basin area and supporting modeling results which
were used to define the 1 g/m\3\ air quality impact area of
the Kennecott/Puron facility. EPA originally noted a few concerns with
the modeling, which were identified to the State in letters dated
February 2, 1995 and March 31, 1995. The State responded to EPA's
concerns in letters dated April 15, 1995 and April 28, 1995. The
State's responses adequately addressed EPA's concerns. Thus, EPA
believes the State has adequately assessed the 1 g/m\3\ air
quality impact area of the Kennecott/Puron facility.
The State has followed the terms of EPA's redesignation policy in
its December 19, 1994 request to redesignate the Powder River Basin
particulate matter attainment area to exclude the Kennecott/Puron PSD
Baseline area and to designate the Kennecott/Puron PSD Baseline area as
a separate section 107 particulate matter attainment area. Authority
for the State's action is provided for in section 107(d)(3)(D) of the
Act, which states: ``the Governor of any State may, on the Governor's
own motion, submit to the Administrator a revised designation of any
area or portion thereof within the State [and EPA] shall approve such
redesignation.'' Therefore, EPA is approving the State's request.
This approval eliminates the minor source baseline date for
particulate matter that was established in the Powder River Basin area
by the submittal of a complete PSD permit application for the
Kennecott/Puron facility. Thus, until the time that the minor source
baseline date is triggered, minor source emissions that exist in the
Powder River Basin attainment area will become part of background
emissions for the area. Once the minor source baseline date is
triggered, all new growth from minor sources will begin consuming
increment. The particulate matter minor source baseline date is
considered to be triggered in the Kennecott/Puron PSD Baseline
particulate matter attainment area as of the date the facility's PSD
permit application was deemed complete.
FINAL ACTION: EPA is approving the State of Wyoming's request to
redesignate the Powder River Basin particulate matter attainment area
to exclude the Kennecott/Puron PSD Baseline area, which is being
designated as a separate section 107 particulate matter attainment
area. The new section 107 Kennecott/Puron PSD Baseline particulate
matter attainment area is defined as follows: the area 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, Campbell County, Wyoming. The Powder River
Basin particulate matter attainment area boundary description in 40 CFR
part 81 is thus being amended to exclude the Kennecott/Puron PSD
Baseline area.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the State's
request 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 on November 13, 1995 unless,
within 30 days of its publication, adverse or critical comments are
received.
If the EPA receives such comments, 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
[[Page 47299]]
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 on November 13, 1995.
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 any SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866 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 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.
Redesignation of an area under section 107(d)(3)(D) of the Act 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. The Administrator
certifies that the approval of the redesignation request will not
affect a substantial number of small entities.
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.
The State has requested redesignation of the Powder River Basin
particulate matter attainment area, to exclude a portion of that area,
in accordance with section 107 of the Act. EPA's approval of this
redesignation request will merely have the effect of splitting the
currently designated Powder River Basin particulate matter attainment
area into two parts and will impose no new requirements. Accordingly,
no additional costs to State, local, or tribal governments, or to the
private sector, will 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 November 13, 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).)
List of Subjects in 40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: August 10, 1995.
Jack W. McGraw,
Acting Regional Administrator.
40 CFR part 81, subpart B, is amended as follows:
PART 81--[AMENDED]
1. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Sec. 81.351 [Amended]
2. Section 81.351 is amended by revising the Wyoming TSP table to
read as follows:
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Wyoming--TSP
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Does not meet Does not meet Better than
Designated area primary secondary Cannot be national
standards standards classified standards
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Trona Industrial Area (Sweetwater County)..... .............. X .............. ...............
Powder River Basin............................ .............. ............... .............. X
Campbell County (part)
Converse County (part)
That area bounded 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, the Hampshire Energy
attainment area, and the Kennecott/Puron PSD
Baseline attainment area.
Pacific Power and Light Area.................. .............. ............... .............. X
Campbell County (part)
That area bounded by NW1/4 of Section 27,
T50N, R71W, Campbell County, Wyoming.
Hampshire Energy Area......................... .............. ............... .............. X
Campbell County (part)
That area bounded by Section 6 excluding the
SW1/4; E1/2 Section 7; Section 17 excluding
the SW1/4; Section 14 excluding the SE1/4;
Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 of
T48N, R70W and Section 26 excluding the NE1/
4; SW1/4 Section 23; Sections 19, 20, 21, 22,
27, 28, 29, 30, 31, 32, 33, 34, 35 of T49N,
R70W.
Kennecott/Puron PSD Baseline Area............. .............. ............... .............. X
Campbell County (part)
That area described by the W1/2SW1/4 Section
18, W1/2NW1/4, NW1/4SW1/4 Section 19, T47N,
R70W, S1/2 Section 13, N1/2, N1/2SW1/4, N1/
2SE1/4 Section 24, T47N, R71W.
Rest of State................................. .............. ............... .............. X
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[FR Doc. 95-22150 Filed 9-11-95; 8:45 am]
BILLING CODE 6560-50-P
