Designation of Areas for Air Quality Planning Purposes; State of Idaho

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[ID-A-94-64; FRL-5137-6]

Designation of Areas for Air Quality Planning Purposes; State of

Idaho

AGENCY: United States Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: Pursuant to the Clean Air Act as amended in 1990, EPA is

authorized to promulgate redesignation of areas as nonattainment for

the PM-10 (particulate matter with an aerodynamic diameter of less than

or equal to a nominal ten micrometers) National Ambient Air Quality

Standards (NAAQS). In a prior action, EPA proposed to redesignate as

nonattainment for PM-10 a portion of Kootenai County consisting of the

City of Coeur d'Alene. In today's action, EPA is requesting public

comment on a proposal to expand the proposed nonattainment boundary and

redesignate a larger portion of Kootenai County, Idaho, from

unclassifiable to nonattainment for PM-10. EPA is proposing that the

portion of Kootenai County outside the exterior boundary of the Coeur

d'Alene Indian Reservation be designated nonattainment and classified

moderate for PM-10. Monitored violations of the PM-10 NAAQS have been

recorded at monitoring sites in Coeur d'Alene and Post Falls, Idaho.

DATES: All written comments on this proposal should be submitted by

March 13, 1995.

ADDRESSES: Written comments should be addressed to: Montel Livingston,

SIP Manager, U.S. EPA, Air Programs Development Section (AT-082), 1200

Sixth Avenue, Seattle, Washington 98101.

Information supporting this rulemaking action can be found in

Public Docket ID-A-94-64 at U.S. EPA, Air Programs Development Section,

1200 Sixth Avenue, Seattle, Washington 98101. The docket may be

inspected from 8 A.M. to 4:30 P.M. on weekdays, except for legal

holidays.

FOR FURTHER INFORMATION CONTACT: Steven Body, Environmental Protection

Agency (ATD-082), Air and Radiation Branch, 1200 6th Avenue, Seattle,

Washington 98101, 206/553-0782.

SUPPLEMENTARY INFORMATION:

I. General

EPA is authorized to initiate redesignation of areas as

nonattainment for PM-10 pursuant to section 107(d)(3) of the Act \1\ on

the basis of air quality data, planning and control considerations or

any other air quality related considerations the Administrator deems

appropriate. A nonattainment area is defined as any area that does not

meet, or any area with sources that significantly contribute to ambient

air quality in a nearby area that does not meet, the National Ambient

Air Quality Standards (NAAQS) (see section 107(d)(1)(A)(i) of the

Act).\2\ Thus, in determining the appropriate boundary for a

nonattainment area, EPA considers not only the areas where the

violations occurred but also nearby areas which contain sources that

could significantly contribute to such violations.

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\1\ References herein are to the Clean Air Act, as amended by

the Clean Air Act Amendments of 1990, Pub. L. 101-549, 104 Stat.

2399 (``the Act''). The Act is codified, as amended, at the U.S.

Code in 42 U.S.C. 7401, et seq.

\2\ EPA has construed the definition of nonattainment area to

require some material or significant contribution in a nearby area.

The Agency believes it is reasonable to conclude that something

greater than a molecular impact is required.

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In the absence of technical information identifying particular

sources contributing to violations of the NAAQS, EPA policy for PM-10

is to use political boundaries associated with the area where the

monitored violations occurred and in which it is reasonably expected

that sources contributing to the violations are located (see, for

example, 57 FR 43846 at 43848 (Sept. 22, 1992)). PM-10 nonattainment

boundaries are generally presumed to be, as appropriate, the county,

township or other municipal subdivision in which the ambient

particulate matter monitors recording the PM-10 violations are located.

EPA has presumed that this would include both the areas in violation of

the PM-10 NAAQS and areas containing sources that significantly

contribute to the violations. Moreover, EPA tends to consider and

propose more expansive nonattainment area political boundaries to

ensure that sources contributing to the nonattainment problem are

considered in the State's technical evaluation and analysis of the

area's air quality problem. However, a boundary other than a county

perimeter or other municipal boundary may be more appropriate. Affected

States and Tribes may submit information demonstrating that, consistent

with section 107(d)(1)(A)(i) of the Act, a boundary other than a county

perimeter or other municipal boundary is more appropriate. Additional

guidance on this issue is provided in the PM-10 State Implementation

Plan (SIP) Development Guideline (EPA-450/2-86-001).

On September 22, 1992, after notice to the State of Idaho, EPA

proposed that the City of Coeur d'Alene be redesignated nonattainment

for PM-10 based on monitored violations of the PM-10 NAAQS, at the

Lakes Middle School monitoring site, located within the Coeur d'Alene

city limits (see 57 FR 43846). Before EPA took final action on that

proposal, the State notified EPA that additional violations of the PM-

10 NAAQS had been recorded in the neighboring City of Post Falls and

requested that the boundary of the nonattainment area be expanded. In

today's action, EPA is proposing to redesignate the entire County of

Kootenai, except for that portion located within the exterior boundary

of the Coeur d'Alene Indian Reservation, as nonattainment for PM-10.

II. Background for PM-10

On July 1, 1987, EPA revised the NAAQS for particulate matter (52

FR 24643), by replacing total suspended particulate as the indicator

for particulate matter with a new indicator called PM-10 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 regulations

for implementing the revised particulate matter standards and announced

EPA's SIP development policy elaborating PM-10 control strategies

necessary to assure attainment and maintenance of the PM-10 NAAQS (see

generally 52 FR 24672). EPA adopted a PM-10 SIP development policy

dividing all areas of the country into three categories based upon

their likelihood of violating the revised NAAQS: (1) Areas with a

strong likelihood of violating the PM-10 NAAQS and requiring

substantial SIP adjustment were placed in Group I; (2) areas that might

well have been attaining the PM-10 NAAQS and whose existing SIP's most

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

strong likelihood of attaining the PM-10 NAAQS and, therefore, needing

adjustments only to the preconstruction review program and monitoring

network were placed in Group III (52 FR at 24679-24682).

Pursuant to sections 107(d)(4)(B) and 188(a) of the Clean Air Act,

as amended in 1990, areas previously identified as Group I (55 FR 45799

(Oct. 31, 1990)) and other areas which had monitored violations of the

PM-10 NAAQS prior to January 1, 1989 were designated nonattainment and

classified as moderate for PM-10 by operation of law on November 15,

1990. Formal codification in 40 CFR Part 81 (1992) of these areas was

announced in a Federal Register notice dated November 6, 1991 (56 FR

56694) and supplemented on November, 30, 1992 (57 FR 56762). All other

areas of the country, including Kootenai County, were designated

unclassifiable for PM-10 by operation of law on November 15, 1990 (see

section 107(d)(4)(B)(iii) of the Act).

III. Today's Action

As stated above, EPA is authorized to initiate redesignation of

areas from unclassifiable to nonattainment for PM-10 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. Pursuant to section

107(d)(3), EPA is today proposing to redesignate the entire County of

Kootenai, except for that portion located within the exterior

boundaries of the Coeur d'Alene Indian Reservation, as nonattainment

for PM-10.

On January 31, 1991, EPA notified the State of Idaho pursuant to

Section 107(d)(3) of the Act that Kootenai County (City of Coeur

d'Alene) appeared to be violating the PM-10 NAAQS and requested the

State to submit a proposed designation and boundary description for

this area. On March 6, 1991, the State notified EPA that the City of

Coeur d'Alene had measured violations of the PM-10 NAAQS and requested

that the area within the city limits of Coeur d'Alene be redesignated

nonattainment. EPA notified the public on April 22, 1991 of the

reported violations and the letter from the state (see 56 FR 16274) and

proposed to redesignate the City of Coeur d'Alene as nonattainment for

PM-10 on September 22, 1992 (see 57 FR 43846). EPA requested public

comment on all aspects of that proposal ``including the appropriateness

of the proposed designations and the scope of the proposed boundaries''

(see 57 FR at 43853).

In September and October of 1992, additional violations of the PM-

10 NAAQS were recorded at a second air quality monitoring site in the

City of Post Falls, approximately six miles west of the Coeur d'Alene

monitoring site. During the public comment period on EPA's proposal to

redesignate the City of Coeur d'Alene as nonattainment, the State of

Idaho commented that the September and October 1992 violations had

occurred and requested that the boundary of the proposed nonattainment

area be expanded to include the entire County of Kootenai. The State

also requested that, in light of this new information, EPA provide

further opportunity for public comment on the boundary of the proposed

nonattainment area.

Based on the information provided by the State of Idaho and

available air monitoring data, EPA is proposing that the entire County

of Kootenai, except for that portion located within the exterior

boundaries of the Coeur d'Alene Indian Reservation, be redesignated

nonattainment for PM-10. Two monitored 24-hour PM-10 concentrations

above the level of the NAAQS were recorded in 1989 and 1990 at the

Lakes Middle School monitoring site, located within the city limits of

Coeur d'Alene, resulting in expected exceedences of 7.5 and 2.04,

respectively (refer to 40 CFR Part 50, Appendix K on procedures to

calculate expected exceedences). There have been no reported 24-hour

PM-10 concentrations above the level of the NAAQS within the City of

Coeur d'Alene since 1990. Three monitored 24-hour PM-10 concentrations

above the NAAQS were recorded at the Post Falls monitoring site during

1992, resulting in expected exceedences of 20 (see 40 CFR Part 50,

Appendix K). There have been no reported 24-hour PM-10 concentrations

above the level of the NAAQS since 1992. There have been no reported

violations of the annual PM-10 standard in Kootenai County.

EPA is requesting public comment on its proposal to expand the

nonattainment area to ensure that the views of all those interested in

the proposed redesignation be considered.\3\ The table below indicates

how EPA is proposing to revise the PM-10 designation for a portion of

Kootenai County, Idaho, in 40 CFR 81.313 from unclassifiable to

nonattainment.

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\3\ Several comments in addition to the comment from the State

of Idaho were received in response to EPA's September 22, 1992

proposal to redesignate the City of Coeur d'Alene nonattainment. The

thrust of these comments is that there was no air quality problem in

the City of Coeur d'Alene and that the area should not be

redesignated. EPA's preliminary response to these comments is that

ava

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ilable monitoring data, summarized in this notice and contained in

the public docket, reveals PM-10 NAAQS violations in the area and

supports the redesignation of the City of Coeur d'Alene and an

expansion of the nonattainment area to include the rest of Kootenai

County, excluding the Coeur d'Alene Indian Reservation. However, EPA

will give full consideration to the comments submitted on EPA's

September 22, 1992, proposal, as well as any additional comments

submitted by these or other commenters, before taking final action

on this proposal.

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Designated area Designation date Designation type Classification date Classification type

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Kootenai County (part)--The Proposing................. Nonattainment............. Proposing....................... Moderate.

County of Kootenai

excluding that portion

located within the exterior

boundary of the Coeur

d'Alene Indian Reservation.

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EPA proposes that the Coeur d'Alene Indian Reservation be excluded

from the nonattainment area because EPA currently has no evidence

suggesting that air quality on the Reservation is in violation of the

PM-10 NAAQS or that sources on the Reservation significantly contribute

to PM-10 violations in nearby areas. Further, EPA's policy, which

generally presumes PM-10 nonattainment boundaries to be concurrent with

political boundaries, would weigh against including the Reservation as

part of the Kootenai County nonattainment area or establishing the

Reservation as its own nonattainment area in the absence of evidence

that there is an air quality problem on the Reservation or that sources

on the Reservation contribute significantly to violations on nearby

State lands. Thus, EPA proposes, for purposes of this action, that the

area of Kootenai County over which the State has regulatory authority

govern the determination of political boundaries for the nonattainment

area.\4\ EPA specifically requests the State of Idaho, the Coeur

d'Alene Tribe and the public to comment on the exclusion of the area

within the exterior boundaries of the Coeur d'Alene Indian Reservation

from the nonattainment area.

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\4\ Under Federal and EPA Indian policy, EPA treats Federally-

recognized Indian tribes as sovereign authorities with the

independent authority for Reservation affairs and not as political

subdivisions of States. See April 29, 1994 Presidential Memorandum,

``Government-to-Government Relations with Native American Tribal

Governments,'' 59 FR 22,951 (May 4, 1994); ``EPA Policy for the

Administration of Environmental Programs on Indian Reservations'' at

p. 2 (November 8, 1984), reaffirmed by Administrator Carol M.

Browner in a Memorandum issued on March 14, 1994; and 54 FR 43956

(Aug. 25, 1994) (``Indian Tribes: Air Quality Planning and

Management''). Before EPA will recognize a State's attempt to

regulate sources within the exterior boundaries of a reservation for

purposes of a Clean Air Act program, the State must affirmatively

establish that it has the legal authority to regulate such sources.

See, e.g., 42 U.S.C. Sec. 7410(a)(2)(E)(i) (each implementation plan

must provide necessary assurances that the State will have adequate

authority under State law to carry out such implementation plan); 42

U.S.C. Sec. 7661a(b)(5) (State must demonstrate that it has adequate

authority to issue and enforce permits for all sources required to

have a permit under Title V); see also Washington Department of

Ecology v. EPA, 752 F.2d 1467, 1472 (9th Cir. 1985) (upholding EPA's

finding that the State offered no independent authority for claiming

jurisdiction over Tribal lands and affirming EPA's associated

disapproval of that portion of the State RCRA program covering

Tribal lands).

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EPA notes that the State of Idaho and local governments in Kootenai

County have made a joint commitment to develop and implement control

measures for area sources of PM-10 in Kootenai County, such as

agricultural field burning, open burning, residential woodburning and

winter road sanding, beginning in September 1994 and no later than June

1995, regardless of EPA's final action on this proposed redesignation.

EPA encourages the State to adopt any such control measures and submit

them to EPA as part of the State Implementation Plan so that if they

are federally approved, they will be federally enforceable. EPA will

closely monitor the State's progress in curtailing PM-10 emissions and

will consider such progress, any relevant submittals from the State and

any federally-enforceable controls on PM-10 emissions in taking final

action on this proposed redesignation.

The technical information supporting the redesignation request and

the boundary selection are available for public review at the address

indicated at the beginning of this notice.

IV. Implications of Today's Action

EPA is proposing to redesignate the County of Kootenai, excluding

the area within the boundaries of the Coeur d'Alene Indian Reservation,

from unclassifiable to nonattainment for PM-10. If Kootenai County, or

a portion thereof, is redesignated nonattainment for PM-10 when EPA

takes final action on today's proposal, then the area will be

classified as ``moderate'' by operation of law (see section 188(a) of

the Act). Areas designated nonattainment are subject to the applicable

requirements of Part D, Title I of the Act. Within 18 months of the

redesignation, the State would therefore be required to submit to EPA

an implementation plan for the nonattainment area containing, among

other things, the following provisions: (1) Provisions to assure that

reasonably available control measures (including reasonably available

control technology) will be implemented within four years of re-

designation, (2) a permit program meeting the requirements of section

173 of the Act governing the construction and operation of new and

modified major stationary sources, (3) either a demonstration

(including air quality modeling) that the plan will provide for

attainment of the PM-10 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, (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(1) of the Act, toward timely attainment, and (5) provisions

to assure that the control requirements applicable to major stationary

sources of PM-10 also apply to major stationary sources of PM-10

precursors, unless EPA determines that such sources do not contribute

significantly to PM-10 levels which exceed the NAAQS in the area (see,

e.g., sections 188(c), 189(a), 189(c), 189(e) & 172(c) of the Act). EPA

has issued detailed guidance on the statutory requirements applicable

to moderate PM-10 nonattainment areas (see 57 FR 13498 (April 16, 1992)

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

If EPA ultimately redesignates any area as nonattainment in taking

final action on this notice, EPA will establish 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 13510-12 and 13543-44).

Section 172(b) provides that such date shall be no later than three

years from the date of the nonattainment designation. EPA believes that

18 months provides a reasonable amount of time for the development of

contingency measures. Thus, if EPA finalizes a nonattainment

designation for this area, EPA would likely establish a schedule

requiring that contingency measures be submitted with the other Part D

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requirements described above within 18 months from such designation.

V. Request for Public Comment

EPA is, by this notice, proposing that the PM-10 designation for

Kootenai County, excluding the area within the exterior boundaries of

the Coeur d'Alene Indian Reservation, be revised from unclassifiable to

nonattainment. On September 22, 1992, EPA previously provided notice

and opportunity for public comment on a proposed PM-10 nonattainment

designation for the City of Coeur d'Alene, which is located within

Kootenai County (see 57 FR 43846). In response to comments from the

State of Idaho on that proposal, EPA is now providing an additional

opportunity for public comment on the expansion of the boundaries to

include all of Kootenai County, excluding the area within the exterior

boundaries of the Coeur d'Alene Indian Reservation. EPA is requesting

public comment on all aspects of this proposal including the

appropriateness of the proposed designation and the scope of the

proposed boundary. Written comments should be submitted to EPA at the

address identified above by March 13, 1995.

VI. Administrative Review

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare for proposed rules subject to notice and comment

rulemaking an initial regulatory flexibility analysis describing the

impact of the proposed rule on small entities. 5 U.S.C. 603-604. The

requirement for preparing such analysis is inapplicable, however, if

the Administrator certifies that the proposed rule will not have a

significant economic impact on a substantial number of small entities

(see 5 U.S.C. 605(b)). Small entities include small businesses, small

not-for-profit enterprises and government entities with jurisdiction

over populations of less than 50,000.

The redesignation proposed in this notice 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. To the extent that the State must adopt new

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

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

submits those regulations. The Administrator certifies that the

approval of the redesignation action proposed today will not have a

significant economic impact on a substantial number of small entities.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The Office of Management and Budget has exempted

this action from Executive Order 12866 review.

Authority: 42 U.S.C. 7401-7671g.

List of Subjects in 40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: December 28, 1994.

Chuck Clarke,

Regional Administrator.

[FR Doc. 95-699 Filed 1-10-95; 8:45 am]

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