[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15252]
[[Page Unknown]]
[Federal Register: June 23, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WY3-1-6451; FRL-4895-9]
Clean Air Act Approval and Promulgation of PM10
Implementation Plan for the City of Sheridan, WY
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: In this action EPA is approving the State Implementation Plan
(SIP) submitted by the State of Wyoming to achieve attainment of the
National Ambient Air Quality Standards (NAAQS) for particulate matter
with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM10). The SIP was submitted by the State of Wyoming
to satisfy certain Federal requirements for an approvable nonattainment
area PM10 SIP for the City of Sheridan, Wyoming.
EFFECTIVE DATE: This final rule will become effective on July 25, 1994.
ADDRESSES: Copies of the State's submittals and other information are
available for inspection during normal business hours at the following
locations: Air Programs Branch, Environmental Protection Agency, Region
VIII, Air Programs Branch, 999 18th Street, 6th floor, South Tower,
Denver, Colorado 80202-2466; and Air Quality Division, Department of
Environmental Quality, Herschler Building, 4th floor, 122 West 25th
Street, Cheyenne, Wyoming, 82002; and Air and Radiation Docket and
Information Center, EPA, 401 M Street SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Sara Summers, Environmental Protection
Agency, Region VIII, Air Programs Branch, 999 18th Street, suite 500,
Denver, Colorado, 80202-2466, (303) 293-0966.
SUPPLEMENTARY INFORMATION: The Sheridan, Wyoming area was designated
nonattainment for PM10 and classified as moderate under sections
107(d)(4)(B) and 188(a) of the Act, upon enactment of the Clean Air Act
Amendments of 1990.\1\ See 56 FR 56694 (Nov. 6, 1991); and 40 CFR
81.351 (specifying PM10 nonattainment designation for the Sheridan
area). The air quality planning requirements for moderate PM10
nonattainment areas are set out in part D, subparts 1 and 4, of title I
of the Act.\2\
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\1\The 1990 Amendments to the Clean Air Act made significant
changes to the air quality planning requirements for areas that do
not meet or that significantly contribute to ambient air quality in
a nearby area that does not meet) the PM10 National Ambient Air
Quality Standards. See Pub. L. 101-549, 104 Stat. 2399. References
herein are to the Clean Air Act, as amended (``the Act''). The Clean
Air Act is codified, as amended, in the U.S. Code at 42 U.S.C. 7401,
et seq.
\2\Subpart 1 contains provisions applicable to nonattainment
areas generally and subpart 4 contains provisions specifically
applicable to PM10 nonattainment areas. At times, Subpart 1 and
subpart 4 overlap or conflict. EPA has attempted to clarify the
relationship among these provisions in the ``General Preamble'' and,
as appropriate, in today's document and supporting information.
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The EPA has issued a ``General Preamble'' describing EPA's
preliminary views on how EPA intends to review SIPs and SIP revisions
submitted under title I of the Act, including those State submittals
containing moderate PM10 nonattainment area SIP requirements (see
generally 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28,
1992)). Because EPA is describing its interpretations here only in
broad terms, the reader should refer to the General Preamble for a more
detailed discussion of the interpretations of Title I advanced in this
final action and the supporting rationale.
Those States containing initial moderate PM10 nonattainment
areas (those areas designated nonattainment by operation of law under
section 107(d)(4)(B) of the Act) were required to submit, among other
things, the following provisions by November 15, 1991:
1. Provisions to assure that reasonably available control measures
(RACM) (including such reductions in emissions from existing sources in
the area as may be obtained through the adoption, at a minimum, of
reasonably available control technology (RACT)) shall be implemented no
later than December 10, 1993;
2. Either a demonstration (including air quality modeling) that the
plan will provide for attainment as expeditiously as practicable but no
later than December 31, 1994 or a demonstration that attainment by that
date is impracticable;
3. Quantitative milestones which are to be achieved every 3 years
and which demonstrate reasonable further progress (RFP) toward
attainment by December 31, 1994; and
4. Provisions to assure that the control requirements applicable to
major stationary sources of PM10 also apply to major stationary
sources of PM10 precursors except where the Administrator
determines that such sources do not contribute significantly to
PM10 levels which exceed the NAAQS in the area. See sections
172(c), 188, and 189 of the Act.
Some provisions were due at a later date. States with initial
moderate PM10 nonattainment areas were required to submit a permit
program for the construction and operation of new and modified major
stationary sources of PM10 by June 30, 1992 (see section 189(a)).
Such States also must submit contingency measures by November 15, 1993
which become effective without further action by the State or EPA, upon
a determination by EPA that the area has failed to achieve RFP or to
attain the PM10 NAAQS by the applicable statutory deadline (see
section 172(c)(9) and 57 FR 13510-13512, 13543-13544).
On March 18, 1994, EPA announced its proposed approval of the
Sheridan, Wyoming, moderate PM-10 nonattainment area SIP as meeting
those moderate PM-10 nonattainment area requirements due on November
15, 1991 (see 59 FR 12882-12886). EPA also announced in that Federal
Register document its proposed approval of the PM10 contingency
measure for Sheridan as meeting the requirements of section 172(c)(9)
of the Act due on November 15, 1993. In that proposed rulemaking action
and related Technical Support Document (TSD), EPA described in detail
its interpretations of title I and its rationale for proposing to
approve the Sheridan moderate nonattainment area PM10 SIP and
PM10 contingency measures, taking into consideration the specific
factual issues presented. EPA requested public comments on all aspects
of the proposed rulemaking pertaining to Sheridan (see 59 FR 12885). No
comments were received on the proposed rulemaking.
This Action
Section 110(k) of the Act sets out provisions governing EPA's
review of SIP submittals (see 57 FR 13565-13566). The SIP revision
includes the original document submitted to EPA by the Governor of
Wyoming on August 28, 1989, and eight subsequent submittals containing
additional information (four of which addressed requirements of the new
Clean Air Act Amendments), and satisfying those moderate PM10
nonattainment SIP requirements which were due on November 15, 1991. The
dates of these submittals are: October 24, 1989, November 21, 1989,
December 20, 1989, February 16, 1990, March 29, 1990, August 21, 1991,
November 8, 1991, and March 3, 1992.
As described in EPA's proposed approval of this SIP submittal, the
Sheridan, Wyoming moderate PM10 nonattainment plan includes, among
other things: (1) A comprehensive and accurate emissions inventory; (2)
control measures that satisfy the Reasonable Available Control Measures
(RACM) requirement; (3) a demonstration (including air quality
modeling) that attainment of the PM-10 NAAQS will be achieved in
Sheridan, Wyoming by December 31, 1994; (4) provisions for meeting the
November 15, 1994 quantitative milestone and Reasonable Further
Progress (RFP) requirements; (5) enforceability documentation; and (6)
control measures that satisfy the contingency measures requirement of
section 172(c)(9) of the Act. Further, EPA proposed to determine that
major sources of precursors of PM-10 do not contribute significantly to
PM-10 levels in excess of the NAAQS in Sheridan.
In this final rulemaking, EPA announces its approval of those
elements of the Sheridan, Wyoming moderate nonattainment area PM10
SIP that were submitted on August 28, 1989, (including the contingency
measure) and in the subsequent letters listed above. EPA finds that the
State of Wyoming's PM10 SIP for Sheridan's moderate PM10 area
meets the RACM (including Reasonable Available Control Technology
(RACT) requirement. The primary source category identified as
contributing to the PM10 nonattainment problem in Sheridan, was
fugitive road dust, and this was targeted for control. The State has
demonstrated that, by applying the control measure, the ``Sanding
Winter Maintenance Plan'' (SWMP), to designated streets during the
Winter season, Sheridan will be in attainment by December 31, 1994.
This plan, developed by the Sheridan Air Quality Committee, designates
streets to be sanded during the winter season. Included are major
streets, hills, school zones, and dangerous intersections. The plan
specifies a material application rate which has been determined to
provide adequate traction, and sanding material specifications which
insures use of a clean and durable media. A comprehensive street
sweeping and flushing program will remove material before dust problems
occur. EPA views the SWMP as reasonable, enforceable, and responsible
for significant PM10 emissions reductions in Sheridan. No credit
was taken for two other control strategies submitted with the SIP, a
voluntary woodburning curtailment program and dust control plans for
three industrial sources; EPA is taking no action on these two
programs.
A more detailed discussion of the individual source contributions,
their associated control measures (including available control
technology), and an explanation of why certain available control
measures were not implemented, can be found in the TSD accompanying
EPA's proposed approval of the Sheridan, Wyoming moderate PM10
nonattainment area SIP (59 FR 12882-12886) EPA has reviewed the State's
documentation and concluded that it adequately justifies the control
measures to be implemented. The implementation of Wyoming's PM10
nonattainment plan for Sheridan will result in the attainment of the
PM10 NAAQS by December 31, 1994. Population data for Sheridan
County shows a decrease in population between 1986 and 1994, and shows
that the County will not reach the 1986 population again until the year
2004. EPA is confident, therefore, of maintenance of the NAAQS. By this
action, EPA is approving the Sheridan PM10 moderate nonattainment
area plan's control measures as satisfying the RACM, including RACT,
requirement.
EPA also finds that the State of Wyoming's August 28, 1989
submittal of PM10 contingency measures for the Sheridan moderate
PM10 nonattainment area meets the requirements of section
172(c)(9) of the Act. Specifically, the Sheridan SIP's contingency
measure is the use of a chemical deicer in lieu of sand on downtown
streets. The SIP provides that the contingency measures can take effect
without further action by the State or EPA Administrator should EPA
determine that the Sheridan, Wyoming nonattainment area has failed to
make RFP or to attain the PM10 standard by the statutory
attainment date of December 31, 1994. By this action, EPA is approving
the PM10 contingency measures for the Sheridan, Wyoming PM10
moderate nonattainment area.
In this document, EPA is also announcing its determination that
major stationary sources of precursors of PM10 do not contribute
significantly to PM10 levels in excess of the NAAQS in Sheridan.
Final Action
This document makes final the action proposed on March 18, 1994 (59
FR 12882). As noted elsewhere in this document EPA received no adverse
public comments on the proposed action. As a direct result, the
Regional Administrator has reclassified this action from Table 2 to
Table 3 under the processing procedures established at 54 FR 2214,
January 19, 1989.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State Implementation Plan. Each request for revision to
any State Implementation Plan 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 August 22, 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).)
Executive Order (EO) 12866
This action has been classified as a Table 3 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. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the
requirements of section 3 of Executive Order 12291 for 2 years. The EPA
has submitted a request for a permanent waiver for Table 2 and Table 3
SIP revisions. The 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, OMB has exempted this regulatory action from E.O.
12866 review.
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur dioxide, Volatile organic compounds.
Dated: June 1, 1994.
Nola Y. Cooke,
Acting Regional Administrator.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart ZZ--[Amended]
2. Section 52.2620 is amended by adding paragraph (c)(24) to read
as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(c) * * *
(24) On August 28, 1989, the Governor of Wyoming submitted
revisions to the Wyoming State implementation plan (SIP) for Sheridan,
Wyoming. In addition to the original August 28 submittal, eight
submittals containing information in response to EPA requests and to
the new Clean Air Act Amendments were submitted. The August 28, 1989
submittal, in combination with the eight subsequent submittals, satisfy
those moderate PM10 nonattainment SIP requirements due on November
15, 1991. Included in the August 28, 1989 submittal were PM10
contingency measures for Sheridan to satisfy the requirements of
section 172(c)(9) of the Act that were due by November 15, 1993.
(i) Incorporation by reference
(A) ``The City of Sheridan, Air Quality Maintenance Plan,''
including the Street Winter Maintenance Plan and the contingency plan
calling for the use of deicing chemicals on downtown streets, adopted
on February 21, 1989.
(ii) Additional material
(A) Letter dated November 21, 1989 from the Wyoming Department of
Environmental Quality to EPA which includes a memorandum dated November
15, 1989 from the Wyoming Attorney General's Office to the Wyoming
Department of Environmental Quality; the memorandum includes Wyoming
Statute 35-11-201.
[FR Doc. 94-15252 Filed 6-22-94; 8:45 am]
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