[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5626]
[[Page Unknown]]
[Federal Register: March 10, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[IA-6-1-6244; FRL-4848-1]
Designation of Areas for Air Quality Planning Purposes; State of
Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action, pursuant to section 107(d) of the
Clean Air Act (``the Act'') to redesignate part of Muscatine County,
Iowa, from attainment to nonattainment for sulfur dioxide (SO2).
The result of this action is that the state of Iowa must submit an
SO2 implementation plan for the Muscatine nonattainment area to
EPA, within 18 months after the effective date of this notice, that
meets the requirements of part D, Title I of the Act. (See section
191(a) of the Act.)
EFFECTIVE DATE: This rule will become effective April 11, 1994.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the:
Environmental Protection Agency, Region VII, Air Branch, 726 Minnesota
Avenue, Kansas City, Kansas 66101.
FOR FURTHER INFORMATION CONTACT: Wayne A. Kaiser at (913) 551-7603.
SUPPLEMENTARY INFORMATION: EPA is authorized to initiate the
redesignation of additional areas (or portions thereof) as
nonattainment for SO2, 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. As explained in the notice proposing the redesignation (58
FR 44639), section 107(d)(3) outlines a procedure to be followed for
redesignations. EPA believes that the redesignation, promulgated with
this notice, is appropriate and necessary to ensuring timely attainment
and maintenance of the SO2 ambient air quality standard in the
Muscatine area. Violations of the SO2 standard occurred in both
1991 and 1992. EPA believes that the area redesignated as nonattainment
by this notice satisfies the applicable criteria.
Section 107(d)(1)(A) sets out definitions of nonattainment,
attainment, and unclassifiable. These definitions provide the
controlling legal standard for any designations or redesignations to
the relevant attainment status. A nonattainment area is defined as any
area that does not meet, or that significantly contributes to, ambient
air quality in a nearby area that does not meet the national primary or
secondary ambient air quality standard for the relevant pollutant. (See
section 107(d)(1)(A)(i).) EPA believes that reasonably reliable
techniques, including monitoring and/or modeling information, may be
used both in determining the designation appropriate for an area and in
establishing SO2 nonattainment boundaries that are consistent with
section 107(d)(1)(A)(i) of the Act. Thus, in determining the
appropriate boundaries for the nonattainment area, EPA has considered
using the appropriate monitoring data and modeling information not only
in the area where the violations of the SO2 National Ambient Air
Quality Standards (NAAQS) are occurring, but in nearby areas which may
significantly contribute to such violations.
On August 24, 1993, EPA published a notice in the Federal Register
(54 FR 44639) proposing that an area in Muscatine County, Iowa, be
redesignated to nonattainment for SO2. A minor correction to the
description of the proposed nonattainment area was published on
September 23, 1993 (54 FR 49467), and a notice reopening the comment
period until November 26, 1993, was published on November 5, 1993 (54
FR 58999). Additional information regarding the proposed action and
this final action is contained in the docket maintained at the EPA
Regional Office located at the address above.
Response to Comments
Comments were received from three affected sources located within
the proposed nonattainment area and from the Governor of Iowa. The
comments are addressed extensively in the Technical Support Document
(TSD) contained in the docket for this notice.
All commenters took issue with EPA's proposed action. The comments
centered around the validity of the monitoring data, the description of
the nonattainment area, and the need for the action given intentions by
the sources to reduce their SO2 emissions.
Two major source commenters questioned the validity of the
monitoring data at the Musser Park monitor, where the violations were
recorded, on the days of exceedances in 1991. A review of the
monitoring station information for those days revealed that the air
conditioner failed in the monitoring station on or before June 25,
1991. This resulted in higher than normal ambient temperatures in the
monitoring station on June 25 and part of June 26, 1991, when the air
conditioner was replaced. High temperatures may have affected the
performance of the monitor on June 26, 1991. Therefore, EPA has decided
to discount the exceedance which occurred on that date. Additional data
review, however, confirmed that the exceedances which occurred on June
27 and July 20, 1991, were valid, and thus there was one measured
violation of the SO2 NAAQS in 1991.
Two commenters stated the EPA's notice to the Governor, required
pursuant to section 107(d)(3) which was based on the 1991 violations
and sent to the Governor on November 29, 1991, is invalid because no
violations occurred in 1991. However, as stated above, at least one
violation did occur in 1991. Therefore, the basis for this comment is
incorrect. In addition, as explained in detail in the TSD, valid
measured data from 1992 show at least one violation in that year. Even
if the 1991 data had been shown to be invalid, EPA is not required to
restart the process with another letter to the Governor in order to
designate the area nonattainment.
One commenter questioned the siting of the Musser Park monitor. As
explained in detail in the TSD, EPA review confirmed that the siting of
the monitor is consistent with the EPA siting criteria specified in 40
CFR part 58, appendix E.
One commenter questioned using modeling to establish the boundaries
of the nonattainment area, stating that modeling subsequently performed
by the commenter did not validate the monitoring data on the days of
exceedances at the Musser Park monitor, and, thus, use of the model by
EPA to establish the nonattainment area is unjustified.
EPA is basing its nonattainment designation on ambient monitoring
data, its description of the nonattainment area on monitoring data,
and, to a lesser extent, modeling data. The contention by the commenter
that modeling data are not consistent with monitoring data at the
Musser Park location does not negate EPA's use of modeling data to help
define the boundaries of the nonattainment area. EPA policy permits
wide discretion in determining the boundaries of nonattainment areas,
including the use of political boundaries. In this case, EPA used
modeling data to narrow the nonattainment area to an area that
encompassed both monitored and modeled nonattainment areas and major
SO2 sources.
The three major source SO2 commenters, as well as the Governor
of Iowa, stated that redesignation to nonattainment was unnecessary
since the major SO2 sources were working with the state to reduce
emissions. EPA is aware of the ongoing efforts in this regard, but
notes it has been over two years since the first monitored violation of
the NAAQS and over one year since the second violation, yet there have
been no federally enforceable emission limitations established to
reduce SO2 emissions in the Muscatine area. Furthermore,
administrative orders recently issued by the state to the three major
SO2 sources in the Muscatine area have been appealed.
EPA has a responsibility to not only ensure that air quality
problems are addressed thoroughly and expeditiously, but to require
contingency measures and maintenance plans to ensure continued
attainment of the NAAQS. The nonattainment designation promulgated
today will lead to development of these necessary requirements to
protect air quality in the Muscatine area.
The final comment was that a nonattainment designation would result
in economic hardship on the sources and the community. This is a factor
that may be considered by the state in developing and implementing a
control strategy, but is not a factor to be considered by EPA in its
nonattainment designation decision. EPA does not believe that it is
appropriate to consider such factors in light of the criteria for
redesignations pursuant to section 107(d)(3) of the Act, which relates
to air quality considerations.
In summary, EPA believes that a nonattainment designation, for the
area described in the corrected Federal Register notice of September
23, 1993, pursuant to section 107 of the Act, is appropriate and
necessary to ensure timely attainment and maintenance of the air
quality standards in the Muscatine area.
Areas designated nonattainment are subject to the provisions of
sections 107, 176(c), and part D of the Act. From the effective date of
this notice, the state will have 18 months to submit a revised State
Implementation Plan (SIP) which contains measures that provide for
attainment of the area within five years.
Within 12 months of this nonattainment designation, the state must
submit a revision to the SIP which addresses the requirements of the
general conformity rule (58 FR 63214). The general conformity
requirements established by 40 CFR parts 51 and 91 apply to the
nonattainment area until the state's general conformity SIP revision is
approved by EPA.
EPA Action
EPA is designating part of Muscatine County, Iowa, as nonattainment
for SO2 in accordance with the section 107(d)(3) redesignation
process described above. The nonattainment area is described as
follows: T 77 N, R 2 W, Sections 26, 27, 34, 35; and T 76 N, R 2 W,
Sections 2, 3, 10, 11, 14, 15, 22, 27, 28, 33, 34, Muscatine County,
Iowa. 40 CFR 81.316 is being revised accordingly.
Redesignation of an area to nonattainment under section
107(d)(3)(E) of the Act does not impose any new requirements on small
entities. Redesignation is an action that affects the status of a
geographical area and does not impose any regulatory requirements on
sources. To the extent that the state must adopt new regulations, based
on an area's nonattainment status, EPA will review the effect of those
actions on small entities at the time the state submits those
regulations. Thus, EPA certifies that this redesignation will not
affect 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). A revision to the SIP processing
review tables was approved by the Acting Assistant Administrator for
Office of Air and Radiation on October 4, 1993 (Michael Shapiro's
memorandum to Regional Administrators). A future notice will inform the
general public of these tables. Under the revised tables this action
remains classified as a table 2. On January 6, 1989, the Office of
Management and Budget (OMB) waived table 2 and table 3 SIP revisions
(54 FR 2222) from the requirement of section 3 of Executive Order 12291
for two years. EPA has submitted a request for a permanent waiver for
table 2 and table 3 SIP revisions. OMB has agreed to continue the
waiver until such time as it rules on EPA's request. This request
continues in effect under Executive Order 12866 which superseded
Executive Order 12291 on September 30, 1993.
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 the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, and in relation to relevant statutory and
regulatory requirements.
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 9, 1994. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 1, 1994.
Dennis Grams,
Regional Administrator.
Part 81, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 81.316 is amended by revising the ``Iowa--SO2''
table to read as follows:
Sec. 81.316 Iowa.
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Iowa--SO2
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Does not
Does not meet Cannot be Better than
Designated area meet primary secondary classified national
standards standards standards
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Muscatine County:
Area within T 77 N, R 2 W, sections 26, 27, 34, 35:
and T 76 N, R 2 W, sections 2, 3, 10, 11, 14, 15,
22, 27, 28, 33, 34................................. x
Remainder of county................................. x
Remainder of state...................................... x
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[FR Doc. 94-5626 Filed 3-9-94; 8:45 am]
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