[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]


=======================================================================
-----------------------------------------------------------------------

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.

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

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.

* * * * *

                                                    Iowa--SO2                                                   
----------------------------------------------------------------------------------------------------------------
                                                                          Does not                              
                                                            Does not        meet        Cannot be    Better than
                     Designated area                      meet primary    secondary    classified     national  
                                                            standards     standards                   standards 
----------------------------------------------------------------------------------------------------------------
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 
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 94-5626 Filed 3-9-94; 8:45 am]
BILLING CODE 6560-50-P