Designation of Area for Air Quality Planning Purposes; Utah; Designation of Ogden City PMINF10 Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[UT22-1-6925a; FRL-5265-5]

Designation of Area for Air Quality Planning Purposes; Utah;

Designation of Ogden City PM10 Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this notice, EPA is revising the PM10 (particles with

an aerodynamic diameter less than or equal to a nominal 10 micrometers)

National Ambient Air Quality Standards (NAAQS) designation for Ogden

City, a portion of Weber County, Utah. Previously, consistent with

section 107(d)(3)(A) of the Act, EPA notified the Governor of Utah that

Weber County, Utah should be redesignated from unclassifiable to

nonattainment for PM10. The redesignation is based upon violations

of the PM10 NAAQS which were monitored between January 1991 and

January 1993.

DATES: This final rule will become effective on September 26, 1995

unless adverse comments are received by August 28, 1995. If the

effective date is delayed, timely notice will be published in the

Federal Register.

[[Page 38727]]

ADDRESSES: Comments should be addressed to: Douglas M. Skie, Chief, Air

Programs Branch, EPA Region VIII, at the address listed below.

Information supporting this action can be found at the following

location: EPA Region VIII, Air Programs Branch, 999 18th Street, 3rd

Floor, South Terrace, Denver, Colorado 80202-2466.

The information may be inspected between 8 a.m. and 4 p.m., on

weekdays, except for legal holidays. A reasonable fee may be charged

for copying.

FOR FURTHER INFORMATION CONTACT: Lee Hanley, Air Programs Branch, EPA

Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466,

(303) 293-1760.

SUPPLEMENTARY INFORMATION:

A. General

The EPA is authorized to initiate redesignation of areas (or

portions thereof) as nonattainment for PM10 pursuant to section

107(d)(3) of the Act, on the basis of air quality data, planning and

control considerations, or any other air quality-related considerations

the Administrator deems appropriate.

Following the process outlined in section 107(d)(3), on July 14,

1994, the Administrator of EPA Region VIII requested that the Governor

of Utah recommend a PM10 nonattainment designation for Weber

County based upon six exceedances of the 24-hour PM10 NAAQS

recorded between January 1991 and January 1993, ranging from 156 to 182

g/m3. Under section 107(d)(3)(B), the Governor of Utah was

required to submit to EPA the designation he considered appropriate for

Weber County within 120 days after EPA's notification. The Governor

submitted a response recommending redesignation of Ogden City, Utah to

nonattainment on January 9, 1995. Ogden City is within Weber County,

but its boundaries are not coextensive with those of Weber County.

Section 107(d)(1)(A) sets out definitions of nonattainment,

attainment, and unclassifiable. A nonattainment area is defined as any

area that does not meet (or that significantly contributes to ambient

air quality in a nearby area that does not meet) the national primary

or secondary ambient air quality standard for PM10.\1\ Further,

section 107(d)(1)(A)(i) provides that a nonattainment area shall

consist of that area violating the PM10 NAAQS or contributing

significantly to violations in a nearby area. Generally, the PM10

nonattainment area boundaries are presumed to be, as appropriate, the

county, township, or municipal subdivision in which the ambient

particulate monitor recording the PM10 violations is located. EPA

has presumed that this would include both the area violating the

PM10 NAAQS and any area significantly contributing to the

violations. However, a State may demonstrate that a boundary other than

the county perimeter or municipal boundary may be more appropriate.

Thus, in determining the appropriate boundaries for the nonattainment

area, EPA has considered not only the area where the violations of the

PM10 NAAQS are occurring, but nearby areas which significantly

contribute to such violations. Based on the information provided by the

Governor, including monitoring data, EPA believes that the

nonattainment boundaries submitted by the Governor are appropriate at

this time.

\1\ The EPA has construed the definition of nonattainment area

to require some material or significant contribution to a violation

in a nearby area. The Agency believes it is reasonable to conclude

that something greater than a molecular impact is required.

Note: The boundaries of the nonattainment area may be adjusted

as a result of analyses made during the SIP development process.

B. Background for PM10

On July 1, 1987, the EPA revised the NAAQS for particulate matter

(52 FR 24634), replacing total suspended particulates as the indicator

for particulate matter with a new indicator called PM10, that

includes only those particles with an aerodynamic diameter less than or

equal to a nominal 10 micrometers. At the same time, EPA set forth the

regulations for implementing the revised particulate matter standards

and announced EPA's State Implementation Plan (SIP) development policy,

elaborating PM10 control strategies necessary to assure attainment

and maintenance of the PM10 NAAQS (see generally 52 FR 24672). The

EPA adopted a PM10 SIP development policy dividing all areas of

the country into three categories based upon their probability of

violating the new NAAQS: (1) Areas with a strong likelihood of

violating the new PM10 NAAQS and requiring substantial SIP

adjustment were placed in Group I; (2) areas that might well have been

attaining the PM10 NAAQS and whose existing SIPs most likely

needed less adjustment were placed in Group II; and (3) areas with a

strong likelihood of attaining the PM10 NAAQS and, therefore,

needing adjustments only to their preconstruction review program and

monitoring network were placed in Group III (52 FR 24672, 24679-24682).

At that time, Ogden City was categorized as a Group III area.

Pursuant to section 107(d)(4)(B) of the Act, areas previously

identified as Group I and other areas which had monitored violations of

the PM10 NAAQS prior to January 1, 1989, were, by operation of law

upon enactment of the 1990 Amendments, designated nonattainment for

PM10. All other areas of the Country, such as the Ogden City area,

were similarly designated unclassifiable for PM10 (see section

107(d)(4)(B)(iii) of the Act; 40 CFR 81.327 (1992) as amended by 57 FR

56762, 56772 (Nov. 30, 1992) (PM10 designations for Utah).) After

EPA adopted the PM10 NAAQS, EPA identified and listed the Group I

and Group II areas in a Federal Register document published on August

7, 1987, (52 FR 29383). In that document, EPA indicated that Group III

areas consisted of that portion of a State not placed in Group I or II.

Descriptions of the areas identified as Group I and II areas were later

clarified in a Federal Register document dated October 31, 1990 (55 FR

45799). That notice also identified Group II areas which violated the

standards prior to January 1, 1989. EPA announced all areas which were

designated nonattainment by operation of law for PM10 upon

enactment of the 1990 Amendments in a Federal Register document dated

March 15, 1991 (56 FR 11101). In addition, EPA has published a follow-

up document correcting the boundaries and designations of some of the

areas in light of comments received addressing the March 1991 document

(see 56 FR 37654 (August 8, 1991).) Formal codification in 40 CFR part

81 of those areas designated nonattainment for PM10 by operation

of law upon enactment was announced in a Federal Register document

dated November 6, 1991, (56 FR 56694). The November 6, 1991 Federal

Register document was subsequently amended on November 30, 1992 (57 FR

56762).

II. Final Action

As noted above, pursuant to section 107(d)(3) of the Act, EPA is

authorized to initiate the redesignation of areas as nonattainment for

PM10. Based on six exceedances of the 24-hr PM10 NAAQS

recorded between January 1991 and January 1993, EPA notified the

Governor of Utah on July 14, 1994, that the air quality designation for

Weber County should be revised from unclassifiable to nonattainment for

PM10 (see 40 CFR 50.6.). In response to EPA's July 14, 1994,

letter, EPA received a letter dated January 9, 1995, from the Governor

of Utah requesting that Ogden City, in a portion of Weber County,

[[Page 38728]]

Utah, be redesignated as nonattainment for PM10. EPA is taking

final action to redesignate Ogden City, Utah to nonattainment for

PM10.

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, EPA is proposing to redesignate the area to

nonattainment 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 September 26, 1995 unless, by

August 28, 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 September 26, 1995.

III. Significance of This Action for Ogden City, Utah

Ogden City is being redesignated as a moderate PM10

nonattainment area. Utah must submit an implementation plan to EPA for

this area within 18 months after the effective date of this

nonattainment redesignation. The plan must meet the requirements of

Part D, Title I of the Act (see section 189(a)(2)(B) of the Act).

The Clean Air Act provides that the plan for the area must contain,

among other things, the following requirements:

1. Either a demonstration (including air quality modeling) that the

plan will provide for attainment of the PM10 NAAQS as

expeditiously as practicable, but no later than the end of the sixth

calendar year after the area's designation as nonattainment, or a

demonstration that attainment by such date is impracticable;

2. Provisions to ensure that reasonably available control measures

(including reasonably available control technology) are implemented

within 4 years of the redesignation;

3. A permit program meeting the requirements of section 173

governing the construction and operation of new and modified major

stationary sources of PM10; and

4. Quantitative milestones which are to be achieved every three

years until the area is redesignated attainment and which demonstrate

reasonable further progress, as defined in section 171(l), toward

timely attainment.

See. e.g, sections 188(c), 189(a), 189(c) and 172(c) of the Act.

EPA has issued detailed guidance on the statutory requirements

applicable to moderate PM10 nonattainment areas. (see 57 FR 13498

(April 16, 1992) and 57 FR 18070 (April 28, 1992).)

In taking final action to redesignate Ogden City as nonattainment,

EPA is also establishing a date by which the State must submit the

contingency measures required by section 172(c)(9) of the Act (see 57

FR 13498 at 13510-13512 and 13543-13544). Section 172(b) of the Act

provides that such date shall not be later than 3 years from the date

of the nonattainment redesignation. The due date established for

submittal of the contingency measures is 18 months from this

redesignation. This due date coincides with the due date for the rest

of the moderate PM10 nonattainment area SIP.

VI. Other Regulatory Requirements

A. Regulatory Flexibility Act

Under the Regulatory Flexibility Act (RFA), 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.

Redesignation of an area to nonattainment under section 107(d)(3)

of the Act does not impose any new requirements on small entities.

Redesignation is an action that affects the planning status of a

geographical area and does not in itself, impose any regulatory

requirements on sources. To the extent that the State must adopt new

regulations based on the area's nonattainment status, EPA will review

the effect of those actions on small entities at the time the State

submits those regulations. I certify that approval of the redesignation

request will not affect a substantial number of small entities.

B. Unfunded Mandates

Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''),

Public Law 104-4, establishes requirements for Federal agencies to

assess the effects of their regulatory actions on State, local, and

tribal governments and the private sector. Under section 202 of the

UMRA, EPA generally must prepare a written statement, including a cost-

benefit analysis, for proposed and final rules with ``Federal

mandates'' that may result in expenditures to State, local and tribal

governments, in the aggregate, or to the private sector, of $100

million or more in any one year. When a written statement is needed for

an EPA rule, section 205 of the UMRA generally requires EPA to identify

and consider a reasonable number of regulatory alternatives and adopt

the least costly, most cost-effective or least burdensome alternative

that achieves the objectives of the rule. The provisions of section 205

do not apply when they are inconsistent with applicable law. Moreover,

section 205 allows EPA to adopt an alternative other than the least

costly, most cost-effective or least burdensome alternative if the

Administrator publishes with the final rule an explanation why that

alternative was not adopted. Before EPA establishes any regulatory

requirements that may significantly or uniquely affect small

governments, including tribal governments, it must have developed under

section 203 of the UMRA a small government agency plan. The plan must

provide for notifying potentially affected small governments, giving

them meaningful and timely input in the development of EPA regulatory

proposals with significant federal intergovernmental mandates, and

informing, educating, and advising them on compliance with the

regulatory requirements.

EPA has determined that this rule does not contain a Federal

mandate that may result in expenditures of $100 million or more for

State, local, or tribal governments in the aggregate, or for the

private sector, in any one year. Redesignation of an area to

nonattainment under section 107(d)(3) of the Clean Air Act affects the

air quality planning status of an area and does not, in itself, impose

any regulatory requirements on sources and, therefore, does not impose

any mandates or costs on the private sector. Redesignation of an area

to nonattainment, however, does trigger an obligation of the State to

develop, adopt and submit to EPA certain State Implementation Plan

revisions under part D of title I of the Clean Air Act. EPA has

determined that the cost to the State government of developing,

adopting and submitting any necessary State Implementation Plan

revisions will not exceed $100 million. Thus, today's rule

[[Page 38729]]

is not subject to the requirements of sections 202 and 205 of the UMRA.

EPA has determined that this rule contains no regulatory requirements

that might significantly or uniquely affect small governments because

only the State government has to take any action as a result of today's

rule.

C. Petition Language

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by September 26, 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)).

Executive Order 12866

The OMB has exempted this action from the requirements of Section 6

of Executive Order 12866.

List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, National parks,

Wilderness areas.

Dated: July 19, 1995.

Jack McGraw,

Acting Regional Administrator.

40 CFR part 81 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.

2. In Sec. 81.345 the table for Utah-PM-10 Nonattainment Areas is

amended by adding an entry for Weber County to read as follows:

Sec. 81.345 Utah.

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Utah-PM-10 Nonattainment Areas

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Classification

Designated area Designation date Designation type Classification date type

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Ogden Area Weber County September 26, 1995..... Nonattainment........ September 26, 1995..... Moderate.

(part) city of Ogden.

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[FR Doc. 95-18520 Filed 7-27-95; 8:45 am]

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