Designation of Areas for Air Quality Planning Purposes: State of Idaho and the Fort Hall Indian Reservation

Federal RegisterJun 19, 1998

Ask Donna

What actually matters in this document.

Text

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[ID 21-7001; FRL-6113-4]

Designation of Areas for Air Quality Planning Purposes: State of

Idaho and the Fort Hall Indian Reservation

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: In this action, the Environmental Protection Agency (EPA)

proposes to revise the designation for particulate matter with an

aerodynamic diameter of less than a nominal 10 microns (PM-10) for the

Power-Bannock Counties PM-10 nonattainment area by creating two

distinct nonattainment areas that together cover the identical

geographic area as the original nonattainment area. The revised areas

would be divided at the boundary between State lands and the Fort Hall

Indian Reservation, with one revised area comprised of State lands and

the other revised area comprised of lands within the exterior boundary

of the Fort Hall Indian Reservation. The redesignation is based upon a

request from the State of Idaho, which is supported by monitoring and

modeling information. Both areas would retain PM-10 nonattainment

designations and classification as moderate PM-10 nonattainment areas

as a result of this proposed action.

In a concurrent notice of proposed rulemaking published today, EPA

is proposing to make a finding that the proposed PM-10 nonattainment

area within the exterior boundary of the Fort Hall Indian Reservation

failed to attain the National Ambient Air Quality Standards (NAAQS) for

PM-10 by the applicable attainment date. Such a finding would, by

operation of law, result in the reclassification of the proposed PM-10

nonattainment area within the Fort Hall Indian Reservation to a serious

PM-10 nonattainment area.

EPA recently established a new standard for particulate matter with

a diameter equal to or less than 2.5 microns and also revised the

existing PM-10 standards. Today's proposal,

[[Page 33598]]

however, does not address these new and revised standards.

DATES: All written comments should be submitted to Steven K. Body, EPA

Region 10, [Docket #ID 21-7001], at the address indicated below by July

20, 1998.

ADDRESSES: Information supporting this action can be found in Public

Docket No. [#ID 21-7001]. The docket is located at EPA, Region 10, 1200

Sixth Avenue, Seattle WA 98101. The docket may be inspected from 9:00

am to 4:30 pm on weekdays, except for legal holidays. A reasonable fee

may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Steven K. Body, EPA Region 10, Office

of Air Quality (OAQ-107), EPA, Seattle, Washington, (206) 553-0782.

I. Background

A portion of Power and Bannock Counties in Idaho is designated

nonattainment for PM-10 \1\ and classified as moderate under sections

107(d)(4)(B) and 188(a) of the Clean Air Act upon enactment of the

Clean Air Act Amendments of 1990 (Act or CAA). See 40 CFR 81.313 (PM-10

Initial Nonattainment Areas); see also 55 FR 45799 (October 31, 1990);

56 FR 11101 (March 15, 1991); 56 FR 37654 (August 8, 1991); 56 FR 56694

(November 6, 1991).\2\ For an extensive discussion of the history of

the designation of the Power-Bannock Counties PM-10 nonattainment area,

please refer to the discussion at 61 FR 29667, 29668-29670 (June 12,

1996).

---------------------------------------------------------------------------

\1\ There are two pre-existing PM-10 NAAQS, a 24-hour standard

and an annual standard. See 40 CFR 50.6. EPA promulgated these NAAQS

on July 1, 1987 (52 FR 24672), replacing standards for total

suspended particulate with new standards applying only to

particulate matter up to ten microns in diameter (PM-10). The annual

PM-10 standard is attained when the expected annual arthimetic

average of the 24-hour samples for a period of one year does not

exceed 50 micrograms per cubic meter (ug/m3). Attainment of the 24-

hour PM-10 standard is determined by calculating the expected number

of days in a year with PM-10 concentrations greater than 150 ug/m3.

The 24-hour PM-10 standard is attained when the expected number of

days with levels above the standard, averaged over a three year

period, is less than or equal to one. See 40 CFR 50.6 and 40 CFR

part 50, appendix K.

\2\ The 1990 Amendments to the CAA made significant changes to

the Act. See Public Law No. 101-549, 104 Stat. 2399. References

herein are to the CAA as amended. The CAA is codified, as amended,

in the United States Code at 42 U.S.C. 7401, et seq.

---------------------------------------------------------------------------

The Power-Bannock Counties PM-10 nonattainment area covers

approximately 266 square miles in south central Idaho and comprises

both trust and fee lands within the exterior boundary of the Fort Hall

Indian Reservation and State lands in portions of Power and Bannock

Counties. Approximately 75,000 people live in the nonattainment area,

most of whom live in the cities of Pocatello and Chubbuck, which are

located near the center of the nonattainment area on State lands.

Approximately 15 miles northwest of downtown Pocatello is an area known

as the ``industrial complex,'' which includes the two major stationary

sources of PM-10 in the nonattainment area. The boundary between the

Fort Hall Indian Reservation and State lands runs through the

industrial complex. One of the major stationary sources of PM-10, FMC

Corporation (FMC), is located primarily on fee lands within the

exterior boundary of the Fort Hall Indian Reservation.\3\ The other

major stationary source of PM-10 in the nonattainment area, J.R.

Simplot Corporation (Simplot), is located on State lands immediately

adjacent to the Reservation.

---------------------------------------------------------------------------

\3\ EPA has learned that a portion of the FMC facility is

located on State lands. This issue is discussed in more detail

below.

---------------------------------------------------------------------------

The State of Idaho has established and operates four PM-10 State

and Local Air Monitoring Stations (SLAMS) in the current Power-Bannock

Counties PM-10 nonattainment area, all of which are on State lands (the

State monitors). All of the State monitors meet EPA SLAMS network

design and siting requirements, set forth at 40 CFR part 58, appendices

D and E. There have been no violations of the annual PM-10 standard at

any of the State monitors since 1990. No levels above the 24-hour

standard have been recorded at any of the State monitors since January

of 1993.

The Shoshone-Bannock Tribes began operating a PM-10 monitor on the

portion of the nonattainment area within the exterior boundary of the

Reservation in February 1995. Prior to this time, the Tribes relied on

data from the State operated samplers for area designations and

classifications. This reliance was due to a lack of resources to

establish and operate their own Tribal monitoring stations. In 1994 the

Tribes requested and EPA granted the Tribes additional program support

grant funds to enable the Tribes to establish their own monitoring

stations to collect ambient air quality data representative of

conditions on the Reservation and to generate data to support Tribal

air quality planning efforts. This monitor, called the ``Sho-Ban

site,'' is located approximately 100 feet north of the FMC facility

across a frontage road. Due to operational problems with the sampler

and quality assurance problems, valid data were not reported for this

monitor until October 1, 1996. Also in October 1996, the Tribes

initiated monitoring at two new sites. The ``primary site'' is located

approximately 100 feet north of the FMC facility across the frontage

road, 600 feet east of the Sho-Ban site and approximately 600 feet from

the boundary between the Fort Hall Indian Reservation and State lands.

The ``Tribal background site'' is approximately one and one-half miles

southwest of the FMC facility upwind of the predominant wind direction

from the industrial complex. All three monitoring sites are owned by

the Tribes and operated by a contractor for the Tribes. The Tribal

monitoring sites meet EPA SLAMS network design and siting requirements,

set forth at 40 CFR part 58, appendices D and E. Both the Sho-Ban and

Primary sites on the Reservation portion of the nonattainment area have

recorded numerous PM-10 concentrations above the level of the 24-hour

PM-10 NAAQS since October 1996.\4\

---------------------------------------------------------------------------

\4\ Private industry operated a seven station air monitoring

network, funded by FMC and Simplot, on and near the industrial

complex from October 1, 1993, through September 30, 1994 (EMF

monitors). There were no measured PM-10 concentrations above the

level of the 24-hour PM-10 NAAQS (150 ug/m3) at any of the EMF

stations. EMF Site #2, however, which was on the Fort Hall Indian

Reservation less than 300 yards east of where the primary site is

now located, reported several 24-hour concentrations of PM-10 at or

near the level of the NAAQS. EMF Site #2 also reported an annual

concentration of 55.1 ug/m3 for the one year period the network was

in operation. This is 10% greater than the 50 ug/m3 level of the

annual PM-10 NAAQS. Because the EMF network did not collect a

calendar year's worth of data, EPA concluded that data from EMF Site

#2 did not document a violation of the annual NAAQS. See 61 FR

66602, 66604 (December 18, 1996). EPA also stated, however, that the

number of the recorded 24-hour concentrations at or near the level

of the standard and the high annual concentration for the one-year

period EMF Site #2 was in operation indicated that a serious air

quality problem continued in the Power-Bannock Counties PM-10

nonattainment area. Id. This is confirmed by the more recent data

from the Tribal monitors.

---------------------------------------------------------------------------

II. This Action

A. Idaho's Request

Pursuant to section 107(d)(3)(D) of the Act, the Governor of any

State, on the Governor's own motion, is authorized to submit to the

Administrator a revised designation of any area or portions thereof

within the State. On April 16, 1998, the State of Idaho submitted to

EPA a request to revise the designation of the Power-Bannock Counties

PM-10 nonattainment area to split the nonattainment area into two

separate nonattainment areas at the boundary between the Fort Hall

Indian Reservation and State lands. Together, the two nonattainment

areas would cover the same geographic area as the

[[Page 33599]]

existing Power-Bannock Counties PM-10 nonattainment area.

In support of its request, the State of Idaho noted that the State

has the primary PM-10 planning responsibility under the Clean Air Act

for State lands within the nonattainment area, whereas EPA and the

Tribes have the primary PM-10 planning responsibility for the Tribal

lands within the nonattainment area. The State also noted that it has

largely completed the PM-10 planning and implementation of control

measures for the PM-10 sources located on State lands within the

nonattainment area whereas no controls have been proposed or imposed on

sources in the Tribal portion of the nonattainment area.

The State also supported its request with monitoring data which

shows that State monitors have not recorded any PM-10 concentrations

above the level of the 24-hour PM-10 NAAQS since January 1993 and that

the State lands within the nonattainment area have attained the PM-10

NAAQS. In addition, the State provided an analysis of pollution

concentrations recorded at the Tribal primary site and the Sho-Ban site

as a function of wind direction which shows that violations of the PM-

10 NAAQS at the Tribal sites are not the result of emissions from

sources located on State lands. The State also provided modeling

information to support its assertion that sources on State lands are

not contributing to the violations of the PM-10 NAAQS that have been

recorded at the Tribal monitors.

On May 21, 1998, the Shoshone-Bannocks Tribes and FMC submitted to

the State of Idaho documents opposing Idaho's request to EPA to split

the nonattainment area into two nonattainment areas. The Tribes and FMC

contend that the State failed to follow Idaho law in submitting the

request to EPA without first providing public notice and opportunity

for comment. The Tribes also expressed concern that splitting the area

into two PM-10 nonattainment areas at the State-Reservation boundary

could result in a less comprehensive approach to air quality planning

in the area. In addition to its contention that the State failed to

comply with State requirements for public notice and opportunity for

public comment, FMC further contends that the State failed to comply

with the Clean Air Act in making its request and noted that part of the

FMC facility is located on State lands.

On May 29, 1998, Idaho provided EPA with a letter from the Idaho

Attorney General's Office stating that public notice and opportunity to

comment were not required under State law. The letter also responded to

the other issues raised by FMC and asked EPA to move forward on the

State's request to split the nonattainment area. The State also

provided EPA with a copy of the State's letter responding to the issues

raised by the Tribes. Copies of the letters from FMC and the Tribes to

the State and from the State to EPA and the Tribes are in the Docket

for this proposal.

B. EPA's Proposed Action on Idaho's Request

In determining whether to approve or deny a State's request for a

revision to the designation of an area under section 107(d)(3)(D), EPA

believes it is appropriate to consider the same factors Congress

directed EPA to consider when EPA initiates a revision to a designation

of an area on its own motion under section 107(d)(3)(A). These factors

include ``air quality data, planning and control considerations, or any

other air quality-related considerations the Administrator deems

appropriate.'' Based on the information submitted by Idaho and other

information available to EPA, EPA believes that the air quality data,

planning and control considerations, and other air quality-related

considerations support the State's request to revise the Power-Bannock

Counties PM-10 nonattainment area into two PM-10 nonattainment areas at

the boundary between the Fort Hall Indian Reservation and State lands.

EPA therefore proposes to create two separate nonattainment areas in

place of the existing Power-Bannock Counties PM-10 nonattainment area.

One area, to be called the ``Portneuf Valley PM-10 Nonattainment

Area'', would consist of the existing portion of the Power-Bannock

Counties PM-10 nonattainment area outside of the exterior boundary of

the Fort Hall Indian Reservation and under the regulatory jurisdiction

of the State of Idaho. The other area, to be called the ``Fort Hall PM-

10 nonattainment area,'' would consist of the existing portion of the

nonattainment area within the exterior boundary of the Fort Hall

Reservation. Both areas would continue to be designated nonattainment

for PM-10 and classified as moderate should this proposal be finalized

by EPA.

Although the comments from the Tribes and FMC were directed to the

State in the context of the State proceeding, and not to EPA, EPA has

considered those issues in making this proposal, as is discussed in

more detail below. The Tribes and FMC will also have an opportunity to

raise those and other issues in the public comment period on this

proposal.

1. Air Quality Data and Other Air Quality-Related Considerations

As stated above, there have been no violations of the annual PM-10

standard at any of the four State monitoring sites since 1990 and no

levels above the 24-hour standard have been recorded at any of the

State sites since January of 1993. The data recorded at the State

monitors also show a decline in the yearly annual average at each State

monitoring station since 1993 and, with the exception of the Sewage

Treatment Plant (STP) monitoring station, a decline in the highest and

second highest 24-hour PM-10 readings for each year at each of the

State monitoring stations. The STP monitoring site did record a 24-hour

PM-10 concentration of 149 ug/m3, just below the level of the 24-hour

standard of 150 ug/m3. Even if that monitoring site had recorded one

PM-10 concentration above the standard, however, the 24-hour PM-10

standard would not have been violated because the site operates on an

everyday sampling schedule and the expected exceedence rate, averaged

over a three year period, would have been less than 1.1. Moreover, the

second highest 24-hour PM-10 readings for each year at the STP site

have remained fairly constant since 1993, and there has been a decline

in the yearly PM-10 annual average at the STP site since 1992. In

summary, the State monitors show attainment of the PM-10 standard in

the State portion of the nonattainment area, as well as a general

decline in the PM-10 values recorded on the State monitors.

In contrast, the monitors located within the Tribal portion of the

nonattainment area continue to show numerous levels above the standard.

Although the monitors did not begin recording valid data until October

1996, the number of PM-10 concentrations above the level of the 24-hour

PM-10 NAAQS between October and December 1996 resulted in a violation

of the 24-hour PM-10 NAAQS as of December 31, 1996, the attainment date

for the area.5 Appendix K of 40 CFR part 50, contains

``gapfilling'' techniques for situations where less than three complete

years of data are available. Using the gapfilling techniques of

appendix K, the number

[[Page 33600]]

of exceedences reported from the Sho-Ban and primary sites during the

last three months of 1996 represent a violation of the 24-hour PM-10

NAAQS. The expected exceedence rate of the 24-hour standard, averaged

over the years 1994, 1995, and 1996, from these two monitors is greater

than 1.1, even if the days during which the monitors did not operate or

collect valid data had reported zero PM-10 levels. Numerous levels

above the standard have been recorded since December 31, 1996, as well.

---------------------------------------------------------------------------

\5\ The Power-Bannock Counties PM-10 nonattainment area

originally had an attainment date of December 31, 1994, see section

188(a) and (c)(1), but the area could not demonstrate attainment by

that date. At the request of the State of Idaho, EPA granted the

area two one-year extensions of the attainment date, in accordance

with section 188(d) of the CAA. See 60 FR 44452 (August 28, 1995)

(proposed action on first extension); 61 FR 20730 (May 8, 1996)

(final action on first extension); 61 FR 66602 (December 18,

1996)(direct final action on second extension).

---------------------------------------------------------------------------

In addition to the monitoring data which document that the monitors

on State lands show attainment of the PM-10 standard, the State of

Idaho also provided monitoring and modeling information to support its

request to divide the current nonattainment area at the State-

Reservation boundary. The State first presented information to

demonstrate that there are two separate areas of air quality impacts

and sources within the current nonattainment area. One area, which the

State refers to as the ``urban complex,'' encompasses the City of

Pocatello and is solely on State lands. The other area is the

industrial complex, which includes FMC within the Fort Hall Indian

Reservation and J.R. Simplot on State lands. Based on chemical analysis

of the particulate collected on the filters from both State and Tribal

monitors and comparing these results to the chemical composition of

emissions from various sources, the State determined that the urban

area is impacted by PM-10 emissions from residential wood burning,

traffic, and commercial establishments. In contrast, the industrial

complex is impacted by industrial emissions.

Analysis of the 1993 dispersion modeling used by the State in

developing its SIP shows that the urban complex and the industrial

complex have different sources contributing to the high PM-10 levels

that have been recorded in each area. The modeling also shows that

there is no evidence of significant mixing of emissions between the

industrial complex and the urban complex. Appendix A to the State's

request contains a detailed discussion of these modeling results,

including an analysis of four specific days with worst case

meteorology. In general, this analysis consists of PM-10 concentration

isopleth graphs that demonstrate two separate areas of maximum

concentrations of PM-10, one located over the urban complex and the

second located over the FMC and J.R. Simplot industrial facilities.

The State also showed that, within the industrial complex, it is

possible to separate the impacts of sources on Tribal lands from

sources on State lands at the State-Reservation boundary. In the

process of developing the PM-10 plan for the Tribal portion of the

nonattainment area, EPA constructed ``pollution wind roses'' from the

ambient PM-10 monitoring data from two of the Tribal monitors (the Sho-

Ban site and the primary site) and the meteorological station at the

primary site. ``Pollution wind roses'' relate pollutant concentration

measurements (in this case PM-10 levels) and the wind direction that

occurred during that measurement. The State reviewed pollution wind

roses for the period from October 1996 and May 1997. The data show

that, on days when the primary site recorded values greater than the

24-hour standard (150 ug/m3), the wind was blowing from the FMC

facility toward the monitor, i.e., from the southwest. Similarly, on

days when the Sho-Ban site recorded values greater than the standard,

the wind was blowing from FMC facility toward the Sho-Ban monitor,

i.e., from the south. In contrast, on days when the wind was blowing

from State lands, particularly Simplot, toward the primary and Sho-Ban

monitors, high PM-10 values were not recorded on the monitors. The

State concludes from this information that sources on State lands,

particularly Simplot, are effectively controlled and do not contribute

to violations of the PM-10 NAAQS on State or Tribal lands.

EPA evaluated the information submitted by the State along with the

more recent information provided by FMC to the State that a portion of

the FMC facility is located on State lands. FMC property extends

approximately 7000 feet east-west along a frontage road of which 1100

feet appears to extend east onto State lands. The only PM-10 sources of

potential significance on this portion of FMC property (i.e., on State

lands) are a portion (approximately 1100 feet) of the north and south

main ore shale storage piles and a small number of unpaved access

roads. The piles are approximately 1500 feet long and 300 feet wide of

which two-thirds extend onto State lands. EPA estimates that PM-10

emissions from that portion of the FMC facility located on State lands

account for only 89 pounds of the 12,021 pounds per day of total PM-10

emissions from the facility, or less than 1% of total FMC emissions of

PM-10. When the ``pollution rose'' graphs relied on by the State are

laid over a map of the area, it is apparent that violations at the

primary site occur when winds are blowing from the south to west-

southwest, which is down wind of the FMC calcining operations, furnace

building, and slag pit operations. Violations occur at the Sho-Ban site

when the winds are blowing from the west-southeast to east-southwest,

which is again downwind from the FMC calcining operations, furnace

building, and slag pit operations. Violations have not occurred with a

wind direction blowing from the eastern portion of the FMC property,

which is the portion of the FMC facility located on State lands, or

from the Simplot facility, which is also located on State lands. Based

on the small percentage of emissions from the FMC PM-10 sources located

on State lands to total FMC PM-10 emissions and EPA's review of the

pollution and wind roses for the area, EPA does not believe that the

new information provided by FMC--that part of the FMC facility is

located on State lands--alters the analysis provided by the State to

support its request to split the existing nonattainment area into two

nonattainment areas at the State-Reservation boundary. In summary, EPA

agrees with the State's analysis and with the State's conclusion that

emissions from sources on State lands do not appear to be contributing

to the exceedences that have been recorded on the Tribal monitors. In

light of the recent information provided by FMC to the State, however,

EPA specifically requests comment on this issue.

2. Planning and Control Considerations

The current Power-Bannock Counties PM-10 nonattainment area

encompasses two different regulatory jurisdictions: the State of Idaho

for the State portion of the nonattainment area and the Shoshone-

Bannock Tribes and EPA for the Reservation portion of the nonattainment

area. Under the Clean Air Act, the State has the primary PM-10 planning

responsibilities for the State portion of the nonattainment area. See

CAA sections 110 and 189. In furtherance of those planning obligations,

the State of Idaho, along with several local agencies, developed and

implemented control measures on PM-10 sources located on State lands

within the Power-Bannock Counties PM-10 nonattainment area. The State

submitted these control measures in 1993 for the Power-Bannock Counties

PM-10 nonattainment area as part of its moderate PM-10 nonattainment

State Implementation Plan (SIP) under section 189(a) of the Act. These

control measures include a comprehensive residential wood combustion

program, including a mandatory woodstove curtailment program; stringent

controls on fugitive road dust, including controls on winter road

sanding and a limited

[[Page 33601]]

unpaved road paving program; and a revised operating permit that

represents reasonably available control technology (RACT) for the J.R.

Simplot facility, the only major stationary source of PM-10 on the

portion of the nonattainment area on State lands. Although EPA has not

yet taken final action to approve the State's moderate PM-10 SIP for

the area, EPA has previously stated (based on EPA's preliminary review

in the context of approving the State's requests for extensions of the

attainment date) that these control measures substantially meet EPA's

guidance for reasonably available control measures (RACM), including

RACT, for sources of primary particulate on the State portion of the

nonattainment area. See 61 FR 66602, 66604-66605 (December 18, 1996).

The effect of these control measures on air quality can be seen in

the reported ambient PM-10 measurements at the State monitoring sites.

As discussed above, there have been no violations of the annual PM-10

standard since 1990 at any of the State monitoring sites, no violations

or exceedences of the 24-hour PM-10 standard at any of the State sites

since January 1993, and a general decline in the reported ambient PM-10

concentrations at the State sites since 1993. The beginning of the

decline in the ambient concentrations roughly coincides with the period

when the State began to impose the PM-10 control measures discussed

above. These facts support the State's assertion that the State's PM-10

planning efforts have been effective.

In its request to split the nonattainment area, the State also

discusses how it is addressing the deficiencies that EPA had previously

identified in the State's SIP submission. The State has advised EPA

that it will submit a SIP revision in the near future that addresses

these deficiencies. The deficiencies previously identified by EPA

include the State's failure to address PM-10 precursors in the State's

emissions inventory and control strategy and the fact that the 1993 SIP

did not demonstrate attainment in the downtown Pocatello area due to

road dust emissions. The State also plans to address PM-10 emissions

from Bannock-Paving Company, Incorporated. A summary of the State's

plans with respect to addressing these deficiencies is presented below.

Section 189(e) of the Act states that the control requirements

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

major stationary sources of PM-10 precursors, except where EPA

determines that major stationary sources of PM-10 precursors do not

contribute significantly to PM-10 levels which exceed the PM-10

standard in the area. At the time the State developed and submitted its

SIP, PM-10 precursors were not thought to contribute to PM-10 levels

which exceeded the PM-10 standard in the Power-Bannock Counties PM-10

nonattainment area. However, subsequent monitoring data and analysis of

the particulates collected on the filters by the State in January 1993

showed significant levels of secondary aerosol and necessitated a

reevaluation of the contribution of PM-10 precursors to the

nonattainment problem in the Power-Bannock Counties PM-10 nonattainment

area.6 Accordingly, in conjunction with EPA and the Tribes,

the State developed a work plan for analyzing and addressing the

contribution of PM-10 precursors to the nonattainment problem in the

Power-Bannock Counties PM-10 nonattainment area.

---------------------------------------------------------------------------

\6\ Secondary aerosol particulates are small particles formed in

the atmosphere through chemical reactions from emissions of

precursor gases.

---------------------------------------------------------------------------

Since PM-10 precursors were first identified in particulate samples

collected in January 1993 as a potential contributor to the

nonattainment problem in the nonattainment area, however, no levels

above the standard have been recorded at any of the State monitors.

Instead, it appears that PM-10 precursors represent a significant

fraction of the total PM-10 mass loading only during very specific

meteorological conditions--cold stagnant winter days with relative high

humidity. There have been only two days between 1986 and 1997 in which

violations of the PM-10 NAAQS in the Power-Bannock Counties PM-10

nonattainment area have been attributed to secondary aerosols. Based on

the fact that the State monitors have not recorded an exceedence since

January 1993, it does not appear that major stationary sources of PM-10

precursors contribute significantly to PM-10 levels which exceed the

standard within the portion of the Power-Bannock Counties PM-10

nonattainment area located on State lands. Although EPA reserves final

determination on this issue until the State submits its SIP revision

and EPA takes final action on that revision, EPA's preliminary

determination is that stationary sources of PM-10 precursors do not

appear to contribute significantly to PM-10 levels which exceed the

standard on the portion of the nonattainment area on State lands. Final

action on such a finding would mean that the State will not be required

to further address PM-10 precursors in completing its SIP planning

obligations for the State portion of the Power-Bannock Counties PM-10

nonattainment area.

EPA is aware that the Shoshone-Bannock Tribes and citizens in the

Power-Bannock counties PM-10 nonattainment area believe that

particulate precursors contribute to air quality problems in the area

and should be addressed. EPA shares this concern. On July 18, 1997, EPA

promulgated new, more stringent, air quality standards for particulate

matter with an aerodynamic diameter equal to or less than 2.5 microns

(PM-2.5). These standards were promulgated to address the serious

health effects associated with these very small particles, of which

secondary aerosol makes up a significant fraction. EPA, the State, and

the Tribes are just now in the process of establishing PM-2.5 air

monitoring stations to better define and characterize the nature and

extent of the fine particulate air quality problem in the Portneuf

Valley and Fort Hall area. EPA's preliminary determination that PM-10

precursors do not need to be addressed by the State in its current PM-

10 planning process for the Portneuf Valley area should not be

interpreted to imply that particulate precursors will not need to be

addressed under the new PM-2.5 standard. To the contrary, EPA believes

it is likely that particulate precursors will need to be addressed in

the Portneuf Valley and Fort Hall area under the new PM-2.5 standard.

Another deficiency previously identified by EPA in the State's PM-

10 planning process was the State's inability to model attainment of

the PM-10 standard in the Pocatello urban area due to projected

fugitive road dust emissions. The State has long suspected that the

emission factors it used to estimate road dust emissions in the

emissions inventory and attainment demonstration (AP-42 emission

factors) were far too high. Idaho therefore commissioned a study to

measure road dust emissions in the Pocatello area and to develop new

emission factors if appropriate. Preliminary results from the study,

which are included in the Docket for this rulemaking, indicate that the

emission factors derived from the study are, on average, 68% less than

the AP-42 emission factors used to develop the original emissions

inventory. The State therefore asserts that the modeled exceedences of

the PM-10 standard in the downtown Pocatello area appear to be due to

the erroneously high road dust emission factors and are not

representative of actual ambient conditions. Although EPA defers a

final

[[Page 33602]]

determination on this issue until it receives and reviews the State's

SIP revision, EPA tentatively agrees with the State that additional

controls on road dust emissions do not appear to be necessary to

demonstrate attainment in the State portion of the nonattainment area.

As discussed above, the State also intends to address emissions

from Bannock Paving Company, Incorporated (Bannock Paving), in its SIP

revision. Bannock Paving operates five portable facilities that operate

in attainment and nonattainment areas in the State of Idaho, each of

which is a minor source of PM-10.7 The State has submitted

the existing construction permits for the Bannock Paving facilities,

which were issued under a federally enforceable permit program. The

existing permits contain several emission limitations that control PM-

10, such as opacity limits, grain loading standards, and requirements

for controlling fugitive emissions, and the State asserts that the

level of controls currently imposed on Bannock Paving in these

construction permits represents RACT. The State has also advised EPA

that it intends to consolidate all of the existing construction permits

the State has issued for Bannock Paving into a new operating permit for

Bannock Paving and submit the revised permit and a demonstration that

the permit constitutes RACT in its SIP revision. EPA defers a final

determination on this issue until EPA has received the State's SIP

revision, but notes that Bannock Paving is currently subject to

controls on PM-10 emissions.

---------------------------------------------------------------------------

\7\ The State's request to split the nonattainment area states

that Bannock Paving is a major stationary source of PM-10. Based on

EPA's review of the five State permits for Bannock Paving and

conversations with the State, EPA understands that the statement in

the State's request was in error and that each of the Bannock Paving

facilities is a minor source of PM-10, even when the portable

facilities co-locate.

---------------------------------------------------------------------------

Based on the controls that have been previously imposed by the

State on the sources of PM-10 on State lands within the nonattainment

area and the discussion by the State of its soon-to-be submitted SIP

revision in support of its request to split the nonattainment area, EPA

believes that the State has largely completed its PM-10 planning

obligations under the Clean Air Act. Indeed, on its portion of the

nonattainment area, the State is demonstrating and, in all likelihood

will continue to demonstrate, attainment of the PM-10 NAAQS. In light

of the information that some sources of PM-10 emissions at the FMC

facility are located on State lands, however, the State's SIP revision

will also need to address the PM-10 emissions from that portion of the

FMC facility located on State lands.

In contrast, the PM-10 requirements for the Tribal portion of the

nonattainment area are still under development.8 Because of

long-standing concerns about the air quality in the Power-Bannock

County PM-10 nonattainment area, EPA has been developing a Federal

Implementation Plan (FIP) for the portion of the nonattainment area

within the exterior boundary of the Fort Hall Indian Reservation. The

plan is being developed in close consultation with the Tribes and with

extensive public participation. EPA intends to propose the FIP by the

end of January 1999, and to finalize the FIP in the year 2000.

---------------------------------------------------------------------------

\8\ In developing its PM-10 control strategy and SIP, the State

did not seek to impose controls on any sources located on

Reservation lands, including fee lands within the exterior boundary

of the Reservation, or attempt to demonstrate to EPA that it had

authority to promulgate and enforce air controls on Reservation

lands.

---------------------------------------------------------------------------

The Clean Air Act Amendments of 1990 greatly expanded the role of

Indian Tribes in implementing the provisions of the Clean Air Act in

Indian country. Section 301(d) of the Act authorizes EPA to issue

regulations specifying the provisions of the Clean Air Act for which

Indian tribes may be treated in the same manner as States. See CAA

sections 301(d)(1) and (2). EPA promulgated the final rule under

section 301(d) of the Act, entitled ``Indian Tribes: Air Quality

Planning and Management,'' on February 12, 1998. 63 FR 7254. The rule

is generally referred to as the ``Tribal Authority Rule'' or ``TAR''.

The TAR implements the provisions of section 301(d) of the Act to

authorize eligible Tribes to implement their own Tribal air programs.

This includes a delegation of authority, to Tribes which meet certain

requirements and request delegation, to develop, adopt and submit PM-10

nonattainment area Tribal Implementation Plans for lands within the

exterior boundary of Indian Reservations, including fee lands. Until

promulgation of the TAR in February 1998, however, the Shoshone-Bannock

Tribes did not have authority under the Clean Air Act to carry out the

PM-10 planning responsibilities for the Tribal portion of the

nonattainment area.

The Shoshone-Bannock Tribes have expressed a strong interest in

seeking authority under the TAR to regulate sources of air pollution on

Tribal land under the Clean Air Act. Based on discussions with the

Tribes, however, EPA believes that it will be at least several months

before the Tribes will be ready to seek authority under the TAR to

assume Clean Air Act planning responsibilities and that, even should

they do so, the Tribes intend to build their capacity and seek

authority for the various Clean Air Act programs over time, rather than

all at once. EPA's understanding is that the Tribes continue to support

EPA's efforts to promulgate a PM-10 nonattainment FIP for the Tribal

portion of the nonattainment area notwithstanding the recent

promulgation of the TAR.

In summary, although the State has largely completed its PM-10

planning responsibilities for the portion of the Power-Bannock Counties

PM-10 nonattainment area on State lands, the planning responsibilities

for the Tribal portion of the nonattainment area, including the FMC

facility, are still under development.

3. Issues Raised by the Tribes and FMC to the State

As discussed above, on May 21, 1998, the Shoshone-Bannock Tribes

and FMC submitted to the State of Idaho documents opposing Idaho's

request to EPA to split the nonattainment area into two nonattainment

areas. Although the Tribes and FMC raised these issues in the State

proceeding and will have an opportunity to raise the issues in the

public comment period on this proposal, EPA has considered the issues

raised by the Tribes and FMC prior to this proposal.

The Tribes and FMC assert that the State failed to follow Idaho law

(Idaho Administrative Procedures Act (IDAPA) 16.01.01.578.04) by

submitting its request to EPA without first providing public notice and

opportunity for comment. FMC further asserts that the State's request

failed to comply with other provisions of IDAPA 16.01.01.578, as well,

such as the requirement to consider certain factors enumerated in IDAPA

16.01.01.578.02 for designating boundaries, and that public notice and

comment was also required by Idaho Code sections 67-5221 and 5222,

which govern rulemaking proceedings. The Idaho Attorney General's

Office has advised EPA that the State's request to EPA to split the

nonattainment area into two nonattainment areas is not subject to IDAPA

16.01.01.578, which is entitled ``Designation of Attainment,

Unclassifiable and Nonattainment Areas.'' The Attorney General's office

has also advised EPA that the State's request to EPA is not a

rulemaking under State law and is thus not subject to Idaho Code

sections 67-5221 and 67-5222. EPA defers to the Idaho Attorney

General's Office on these interpretations of Idaho law.

[[Page 33603]]

The Tribes and FMC also expressed concern that splitting the area

into two PM-10 nonattainment areas at the State-Reservation boundary

could result in a less comprehensive approach to air quality planning

in the area. EPA was previously aware of the Tribes concern on this

issue based on several meetings between the EPA and the Tribes

regarding the State's request. EPA has carefully considered this

concern, especially the interests of the Shoshone-Bannock Tribes, but

continues to believe that the proposed split is in the overall best

interest of the area as a whole. The State has largely completed its

PM-10 planning requirements for the area. Therefore, EPA does not

believe that splitting the nonattainment area will result in a less

comprehensive approach to PM-10 planning for the existing Power-Bannock

Counties PM-10 nonattainment area as a whole. If some area in or near

the City of Pocatello or the Fort Hall Indian Reservation is later

identified as a nonattainment area for PM-2.5, EPA will consider at the

time of such identification whether, based on air quality data,

planning and control considerations, or other air quality-related

considerations, the planning requirements for PM-2.5 are best carried

out by having a single nonattainment area or having two nonattainment

areas divided at the State-Reservation boundary or in some other way.

In addition to its contention that the State failed to comply with

State requirements for public notice and opportunity for public

comment, FMC further contends that the State failed to comply with the

Clean Air Act in making its request to EPA. FMC argues that sections

110(a)(2) and 110(l) of the CAA also require that the State's request

to EPA be subject to public notice and comment before submission to

EPA. EPA disagrees. Sections 110(a)(2) and 110(l) of the CAA require a

State to provide public notice and comment at the State level for State

Implementation Plans (SIPs) and SIP revisions. The State's request to

EPA to split the Power-Bannock Counties PM-10 nonattainment area is not

a SIP or SIP revision, and is therefore not subject to the requirements

of section 110 of the CAA. FMC further argues that the State's request

is incomplete as a matter of federal law because it does not address

the factors enumerated in section 107(d)(3)(E) of the CAA. That

section, however, by its terms applies only to requests to

redesignation of an area from nonattainment to attainment. The State

has not requested that the portion of the Power-Bannock Counties PM-10

nonattainment area located on State lands be redesignated from

nonattainment to attainment. As stated above, the proposed Portneuf

Valley PM-10 nonattainment area will retain its classification as a

moderate PM-10 nonattainment area as a result of this proposed action.

Therefore, section 107(d)(3)(E) is inapplicable to the State's request

and EPA's proposed action. Finally, FMC asserts that splitting the

nonattainment area into two nonattainment areas is inconsistent with

section 107(d)(1) of the CAA absent a showing that ``other sources in

the area are not collectively causing or contributing to a violation of

the NAAQS.'' As stated above, based on information currently available

to EPA, EPA believes the State has shown that sources located on State

lands are not causing or contributing to the violations of the PM-10

NAAQS that have been recorded on the Tribal monitors. Therefore, EPA

believes that splitting the Power-Bannock Counties PM-10 nonattainment

areas into two nonattainment areas at the State-Reservation boundary is

consistent with section 107(d)(1) of the CAA.

FMC also asserts that a portion of the FMC facility is located on

State lands. As discussed above, EPA has considered the impact of this

fact on the State's request, and continues to believe it is appropriate

to split the nonattainment area at the State-Reservation boundary.

Based on the fact that more of the FMC facility is located on State

lands than was previously understood by EPA, however, EPA specifically

invites comment on whether, as an alternative proposal, it would be

appropriate to split the current Power-Bannock Counties PM-10

nonattainment area at the State-Reservation boundary, except to include

in the proposed Fort Hall PM-10 nonattainment area that portion of the

FMC facility located within State lands.

4. Summary

Based on the information provided by the State in its request and

other information available to EPA, EPA proposes to grant the State's

request to split the Power-Bannock Counties PM-10 nonattainment area

into two nonattainment areas along the State-Reservation boundary. The

monitors located on State lands have not registered a violation or even

an exceedence of the PM-10 NAAQS for more than five years. In addition,

modeling and monitoring information shows that sources on State lands

within the nonattainment area are not contributing to the exceedences

of the PM-10 NAAQS that have been recorded on the Tribal monitors.

Finally, the State has imposed controls on major sources of PM-10

within the State portion of the nonattainment area and the monitors

sited on State lands have shown a general decline in the ambient PM-10

values recorded since the State first imposed these controls. In

contrast, the monitors situated on Tribal lands have recorded numerous

exceedences of the PM-10 NAAQS since they began operation in 1996, and

EPA has not yet completed rulemaking action that would impose controls

on the major sources of PM-10 in the Tribal portion of the

nonattainment area. EPA therefore believes that air quality data,

planning and control considerations, and other air quality-related

information support dividing the current Power-Bannock Counties PM-10

nonattainment area into two separate PM-10 nonattainment areas at the

State-Reservation boundary, as requested by the State.

III. Implications of this Proposed Action

A. Area Classifications and Designations

If EPA takes final action on this proposal, the current Power-

Bannock Counties PM-10 nonattainment area would be split into two

nonattainment areas that together cover the identical geographic area

of the current nonattainment area. The revised areas would be divided

at the boundary between State lands and the Fort Hall Indian

Reservation, with one revised area, to be referred to as the ``Portneuf

Valley PM-10 nonattainment area,'' comprised of State lands and the

other revised area, referred to as the ``Fort Hall PM-10 nonattainment

area,'' comprised of lands within the exterior boundary of the Fort

Hall Indian Reservation.

The table below indicates how EPA is proposing to revise the PM-10

designation for the current Power-Bannock Counties PM-10 nonattainment

area, for both Idaho and the Fort Hall Indian Reservation in 40 CFR

section 81.313.

[[Page 33604]]

Part 81.313--PM-10

--------------------------------------------------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area ---------------------------------------------------------------------------------------------------------------

Date Type Date ype

--------------------------------------------------------------------------------------------------------------------------------------------------------

Idaho................................... ........... Nonattainment............................ ........... Moderate.

Portneuf Valley Area:

T.5S, R.34E Sections 25-36..........

T.5S, R.35E Section 31..............

T.6S, R.34E Sections 1-36...........

T.6S, R.35E Sections 5-9, 16-21, 28-

33.

Plus the West \1/2\ of Sections

10,15,22,27,34.

T.7S, R.34E Sections 1-4, 10-14, and

24.

T.7S, R.35E Sections 4-9, 16-21, 28-

33.

Plus the West \1/2\ of Sections

3,10,15,22,27,34.

T.8S, R.35E Section 4...............

Plus the West \1/2\ of Section 3....

Fort Hall Indian Reservation.......... ........... Nonattainment............................ ........... Moderate.

T.5S, R.34E Sections 15-23..........

T.5S, R.33E Sections 13-36..........

T.6S, R.33E Sections 1-36...........

T.7S, R.33E Sections 4,5,6..........

T.7S, R.34E Section 8...............

--------------------------------------------------------------------------------------------------------------------------------------------------------

Both the Portneuf Valley PM-10 nonattainment area and the Fort Hall

PM-10 nonattainment area would retain nonattainment designations as PM-

10 nonattainment areas as a result of this proposed action. In a

concurrent notice of proposed rulemaking published today, however, EPA

is proposing to make a finding that the proposed ``Fort Hall PM-10

nonattainment area'' has failed to attain the PM-10 NAAQS by the

applicable attainment date of December 31, 1996. If EPA makes a final

determination that the proposed ``Fort Hall PM-10 nonattainment area''

has failed to attain the standard, that area would be reclassified as a

serious PM-10 nonattainment area by operation of law under section

188(b) of the Act, whereas the Portneuf PM-10 nonattainment area would

remain classified as a moderate area.

B. New and Revised NAAQS for Particulate Matter

On July 18, 1997, EPA promulgated revisions to both the annual and

the 24-hour PM-10 standards and also established two new standards for

particulate matter, both of which apply only to particulate matter

equal to or less than 2.5 microns in diameter (PM-2.5). See 62 FR

38651. The revised standards became effective on September 16, 1997.

Although the revised suite of particulate matter standards reflects an

overall strengthening of the regulatory standards for particulate

matter, the revised 24-hour PM-10 standard, by itself, reflects a

relaxation of that standard. In the preamble to the final rule setting

the new and revised particulate matter standards, EPA stated that the

pre-existing PM-10 standards would remain in effect for a period of

time after the effective date of the new standard to ensure a smooth

transition to the new standards. 62 FR 38701.

Based on the transition policy announced by EPA in the preamble to

the final rule setting the new and revised particulate standards, if

EPA takes final action on its proposal to split the Power-Bannock

Counties PM-10 nonattainment area, the existing PM-10 standards will

ultimately be revoked in the two resulting nonattainment areas at

different times. Because the monitors located on State lands showed

attainment of the pre-existing PM-10 standard at the time promulgation

of the revised PM-10 standards became effective, the pre-existing PM-10

standard would continue to apply in the proposed Portneuf Valley PM-10

nonattainment area until such time as EPA approves the control measures

that have been adopted and implemented at the State level to bring the

area into attainment with the pre-existing PM-10 NAAQS, and the State

of Idaho has an approved SIP under section 110 of the Act for purposes

of implementing the revised particulate matter standards. See 62 FR

38701. The monitors in the Tribal portion of the nonattainment area,

however, did not show attainment of the pre-existing PM-10 standard at

the time promulgation of the revised PM-10 NAAQS became effective.

Therefore, the pre-existing PM-10 NAAQS would continue to apply in the

proposed Fort Hall PM-10 nonattainment area until EPA has completed its

rulemaking under section 172(e) of the Act to prevent backsliding in

those areas that had not attained the pre-existing PM-10 standard as of

the date the relaxed PM-10 standard became effective. See 62 FR 39701.

The rule promulgated under section 172(e) must require controls in the

Fort Hall PM-10 nonattainment area, that are ``not less stringent than

the controls applicable to areas designated nonattainment before the

relaxation of the 24-hour PM-10 standard.'' EPA is also in the process

of drafting a Federal Implementation Plan for the proposed Fort Hall

PM-10 nonattainment area and expects that such FIP will meet the

requirements promulgated by EPA under section 172(e).

C. Consultation With the Shoshone-Bannock Tribes

As discussed above, EPA consulted with the Shoshone-Bannock Tribes

prior to making this proposal. In particular, as discussed above, EPA

is aware that the Tribes are concerned that splitting the area into two

PM-10 nonattainment areas at the State-Reservation boundary could

result in a less comprehensive approach to air quality planning in the

area. As also discussed above, EPA has carefully considered the Tribes

concerns but believes that the proposed split is in the overall best

interest of the area as a whole because the State has largely completed

its PM-10 planning requirements for the area. Therefore, EPA does not

believe that splitting the nonattainment area will result in a less

comprehensive approach to PM-10 planning for the existing Power-Bannock

Counties PM-10 nonattainment area as a whole. In this regard, EPA would

like to emphasize that until EPA promulgated the TAR in February of

1998, the Tribes did not have authority under the Clean Air Act

[[Page 33605]]

to address the PM-10 planning requirements for the Reservation portion

of the nonattainment area. EPA will carefully consider any additional

comments or concerns raised by the Tribes during the public comment

period on this action, including the Tribes preference for the name of

the nonattainment area located within the Fort Hall Indian Reservation.

IV. Administrative Requirements

A. Executive Order (E.O.) 12866

Under E.O. 12866 (58 FR 51735 (October 4, 1993)), EPA is required

to determine whether regulatory actions are significant and therefore

should be subject to Office of Management and Budget (OMB) review,

economic analysis, and the requirements of the Executive Order. The

Executive Order defines a ``significant regulatory action'' as one that

is likely to result in a rule that may meet at least one of the four

criteria identified in section 3(f), including, under paragraph (1),

that the rule may ``have an annual effect on the economy of $100

million or more or adversely affect, in a material way, the economy, a

sector of the economy, productivity, competition, jobs, the

environment, public health or safety, or State, local or tribal

governments or communities.''

The OMB has exempted this action from review under E.O. 12866. In

addition, the Agency has determined that EPA's proposal to split the

nonattainment area into two nonattainment areas would result in none of

the effects identified in section 3(f).

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 601 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.

A regulatory flexibility screening analysis of this proposed action

revealed that it would not have a significant adverse economic impact

on a substantial number of small entities. A rule revising the

designation of an area by creating two separate nonattainment areas

under section 107(d)(3) of the CAA does not impose any new requirements

on small entities. See Mid-Tex Electric Cooperative, Inc. v. FERC, 773

F.2d 327 (D.C. Cir. 1985) (agency's certification need only consider

rule's impact on entities subject to the requirements of the rule). To

the extent that a State, Tribe or EPA 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 EPA takes action on those

regulations. Therefore, pursuant to 5 U.S.C. 605(b), I certify that the

approval of the revised designation action proposed today does not have

a significant economic impact on a substantial number of small entities

within the meaning of those terms for RFA purposes.

C. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act (UMRA), establishes

requirements for Federal agencies to assess the effects of their

regulatory actions on State, local, and Tribal governments and the

private sector. Under the UMRA, EPA must assess whether various actions

undertaken in association with proposed or final regulations 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.

EPA has determined that this proposed action, if promulgated, would

not include a Federal mandate that may result in estimated costs of

$100 million or more to either State, local, or tribal governments in

the aggregate, or to the private sector. A rule revising the

designation of an area by creating two separate nonattainment areas

under section 107(d)(3) of the CAA does not impose any new requirements

on the State, Tribes or the private sector. Redesignation is an action

that affects the air quality status of a geographic area or the

boundary of the geographic area and does not impose any regulatory

requirements on the State, Tribes or private sector. Accordingly, EPA

has determined that the proposed action does not include a Federal

mandate that may result in estimated costs of $100 million or more to

either State, local, or Tribal governments in the aggregate, or to the

private sector.

D. Executive Order 13045: Protection of Children From Environmental

Health Risks and Safety Risks

Executive Order 13045 (62 FR 19885 (April 23, 1997)) applies to any

rule that EPA determines (1) ``economically significant'' as defined

under Executive Order 12866, and (2) the environmental health or safety

risk addressed by the rule has a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children; and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This proposed action is not subject to Executive Order 13045

because this is not an economically significant regulatory action as

defined by Executive Order 12866.

V. Request for Public Comments

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

the Power-Bannock Counties PM-10 nonattainment area be revised. The EPA

is requesting public comments on all aspects of this proposal,

including the appropriateness of the proposed designation and the scope

of the proposed boundary. Public comments should be submitted to EPA at

the address identified above by July 20, 1998.

List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, National parks,

Wilderness areas.

Authority: 42 U.S.C. 7401 et seq.

Dated: June 10, 1998.

Chuck Findley,

Acting Regional Administrator, Region 10.

[FR Doc. 98-16403 Filed 6-18-98; 8:45 am]

BILLING CODE 6560-50-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.