Designation of Areas for Air Quality Planning Purposes; Wyoming; Redesignation of Particulate Matter Attainment Areas

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

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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]

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