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

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