[Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
[Rules and Regulations]
[Pages 38726-38729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18520]



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


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[UT22-1-6925a; FRL-5265-5]


Designation of Area for Air Quality Planning Purposes; Utah; 
Designation of Ogden City PM10 Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: In this notice, EPA is revising the PM10 (particles with 
an aerodynamic diameter less than or equal to a nominal 10 micrometers) 
National Ambient Air Quality Standards (NAAQS) designation for Ogden 
City, a portion of Weber County, Utah. Previously, consistent with 
section 107(d)(3)(A) of the Act, EPA notified the Governor of Utah that 
Weber County, Utah should be redesignated from unclassifiable to 
nonattainment for PM10. The redesignation is based upon violations 
of the PM10 NAAQS which were monitored between January 1991 and 
January 1993.

DATES: This final rule will become effective on September 26, 1995 
unless adverse comments are received by August 28, 1995. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.


[[Page 38727]]

ADDRESSES: Comments should be addressed to: Douglas M. Skie, Chief, Air 
Programs Branch, EPA Region VIII, at the address listed below. 
Information supporting this action can be found at the following 
location: EPA Region VIII, Air Programs Branch, 999 18th Street, 3rd 
Floor, South Terrace, Denver, Colorado 80202-2466.
    The information may be inspected between 8 a.m. and 4 p.m., on 
weekdays, except for legal holidays. A reasonable fee may be charged 
for copying.

FOR FURTHER INFORMATION CONTACT: Lee Hanley, Air Programs Branch, EPA 
Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, 
(303) 293-1760.

SUPPLEMENTARY INFORMATION:

A. General

    The EPA is authorized to initiate redesignation of areas (or 
portions thereof) as nonattainment for PM10 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.
    Following the process outlined in section 107(d)(3), on July 14, 
1994, the Administrator of EPA Region VIII requested that the Governor 
of Utah recommend a PM10 nonattainment designation for Weber 
County based upon six exceedances of the 24-hour PM10 NAAQS 
recorded between January 1991 and January 1993, ranging from 156 to 182 
g/m3. Under section 107(d)(3)(B), the Governor of Utah was 
required to submit to EPA the designation he considered appropriate for 
Weber County within 120 days after EPA's notification. The Governor 
submitted a response recommending redesignation of Ogden City, Utah to 
nonattainment on January 9, 1995. Ogden City is within Weber County, 
but its boundaries are not coextensive with those of Weber County.
    Section 107(d)(1)(A) sets out definitions of nonattainment, 
attainment, and unclassifiable. 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 PM10.\1\ Further, 
section 107(d)(1)(A)(i) provides that a nonattainment area shall 
consist of that area violating the PM10 NAAQS or contributing 
significantly to violations in a nearby area. Generally, the PM10 
nonattainment area boundaries are presumed to be, as appropriate, the 
county, township, or municipal subdivision in which the ambient 
particulate monitor recording the PM10 violations is located. EPA 
has presumed that this would include both the area violating the 
PM10 NAAQS and any area significantly contributing to the 
violations. However, a State may demonstrate that a boundary other than 
the county perimeter or municipal boundary may be more appropriate. 
Thus, in determining the appropriate boundaries for the nonattainment 
area, EPA has considered not only the area where the violations of the 
PM10 NAAQS are occurring, but nearby areas which significantly 
contribute to such violations. Based on the information provided by the 
Governor, including monitoring data, EPA believes that the 
nonattainment boundaries submitted by the Governor are appropriate at 
this time.

    \1\ The EPA has construed the definition of nonattainment area 
to require some material or significant contribution to a violation 
in a nearby area. The Agency believes it is reasonable to conclude 
that something greater than a molecular impact is required.

    Note: The boundaries of the nonattainment area may be adjusted 
as a result of analyses made during the SIP development process.

B. Background for PM10

    On July 1, 1987, the EPA revised the NAAQS for particulate matter 
(52 FR 24634), replacing total suspended particulates as the indicator 
for particulate matter with a new indicator called PM10, that 
includes only those particles with an aerodynamic diameter less than or 
equal to a nominal 10 micrometers. At the same time, EPA set forth the 
regulations for implementing the revised particulate matter standards 
and announced EPA's State Implementation Plan (SIP) development policy, 
elaborating PM10 control strategies necessary to assure attainment 
and maintenance of the PM10 NAAQS (see generally 52 FR 24672). The 
EPA adopted a PM10 SIP development policy dividing all areas of 
the country into three categories based upon their probability of 
violating the new NAAQS: (1) Areas with a strong likelihood of 
violating the new PM10 NAAQS and requiring substantial SIP 
adjustment were placed in Group I; (2) areas that might well have been 
attaining the PM10 NAAQS and whose existing SIPs most likely 
needed less adjustment were placed in Group II; and (3) areas with a 
strong likelihood of attaining the PM10 NAAQS and, therefore, 
needing adjustments only to their preconstruction review program and 
monitoring network were placed in Group III (52 FR 24672, 24679-24682). 
At that time, Ogden City was categorized as a Group III area.
    Pursuant to section 107(d)(4)(B) of the Act, areas previously 
identified as Group I and other areas which had monitored violations of 
the PM10 NAAQS prior to January 1, 1989, were, by operation of law 
upon enactment of the 1990 Amendments, designated nonattainment for 
PM10. All other areas of the Country, such as the Ogden City area, 
were similarly designated unclassifiable for PM10 (see section 
107(d)(4)(B)(iii) of the Act; 40 CFR 81.327 (1992) as amended by 57 FR 
56762, 56772 (Nov. 30, 1992) (PM10 designations for Utah).) After 
EPA adopted the PM10 NAAQS, EPA identified and listed the Group I 
and Group II areas in a Federal Register document published on August 
7, 1987, (52 FR 29383). In that document, EPA indicated that Group III 
areas consisted of that portion of a State not placed in Group I or II. 
Descriptions of the areas identified as Group I and II areas were later 
clarified in a Federal Register document dated October 31, 1990 (55 FR 
45799). That notice also identified Group II areas which violated the 
standards prior to January 1, 1989. EPA announced all areas which were 
designated nonattainment by operation of law for PM10 upon 
enactment of the 1990 Amendments in a Federal Register document dated 
March 15, 1991 (56 FR 11101). In addition, EPA has published a follow-
up document correcting the boundaries and designations of some of the 
areas in light of comments received addressing the March 1991 document 
(see 56 FR 37654 (August 8, 1991).) Formal codification in 40 CFR part 
81 of those areas designated nonattainment for PM10 by operation 
of law upon enactment was announced in a Federal Register document 
dated November 6, 1991, (56 FR 56694). The November 6, 1991 Federal 
Register document was subsequently amended on November 30, 1992 (57 FR 
56762).

II. Final Action

    As noted above, pursuant to section 107(d)(3) of the Act, EPA is 
authorized to initiate the redesignation of areas as nonattainment for 
PM10. Based on six exceedances of the 24-hr PM10 NAAQS 
recorded between January 1991 and January 1993, EPA notified the 
Governor of Utah on July 14, 1994, that the air quality designation for 
Weber County should be revised from unclassifiable to nonattainment for 
PM10 (see 40 CFR 50.6.). In response to EPA's July 14, 1994, 
letter, EPA received a letter dated January 9, 1995, from the Governor 
of Utah requesting that Ogden City, in a portion of Weber County, 

[[Page 38728]]
Utah, be redesignated as nonattainment for PM10. EPA is taking 
final action to redesignate Ogden City, Utah to nonattainment for 
PM10.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial action and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to redesignate the area to 
nonattainment should adverse or critical comments be filed. Under the 
procedures established in the May 10, 1994 Federal Register (59 FR 
24054), this action will be effective September 26, 1995 unless, by 
August 28, 1995, adverse or critical comments are received.
    If such comments are received, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, the public is 
advised that this action will be effective on September 26, 1995.

III. Significance of This Action for Ogden City, Utah

    Ogden City is being redesignated as a moderate PM10 
nonattainment area. Utah must submit an implementation plan to EPA for 
this area within 18 months after the effective date of this 
nonattainment redesignation. The plan must meet the requirements of 
Part D, Title I of the Act (see section 189(a)(2)(B) of the Act).
    The Clean Air Act provides that the plan for the area must contain, 
among other things, the following requirements:
    1. Either a demonstration (including air quality modeling) that the 
plan will provide for attainment of the PM10 NAAQS as 
expeditiously as practicable, but no later than the end of the sixth 
calendar year after the area's designation as nonattainment, or a 
demonstration that attainment by such date is impracticable;
    2. Provisions to ensure that reasonably available control measures 
(including reasonably available control technology) are implemented 
within 4 years of the redesignation;
    3. A permit program meeting the requirements of section 173 
governing the construction and operation of new and modified major 
stationary sources of PM10; and
    4. Quantitative milestones which are to be achieved every three 
years until the area is redesignated attainment and which demonstrate 
reasonable further progress, as defined in section 171(l), toward 
timely attainment.
    See. e.g, sections 188(c), 189(a), 189(c) and 172(c) of the Act. 
EPA has issued detailed guidance on the statutory requirements 
applicable to moderate PM10 nonattainment areas. (see 57 FR 13498 
(April 16, 1992) and 57 FR 18070 (April 28, 1992).)
    In taking final action to redesignate Ogden City as nonattainment, 
EPA is also establishing a date by which the State must submit the 
contingency measures required by section 172(c)(9) of the Act (see 57 
FR 13498 at 13510-13512 and 13543-13544). Section 172(b) of the Act 
provides that such date shall not be later than 3 years from the date 
of the nonattainment redesignation. The due date established for 
submittal of the contingency measures is 18 months from this 
redesignation. This due date coincides with the due date for the rest 
of the moderate PM10 nonattainment area SIP.

VI. Other Regulatory Requirements

A. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 600 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 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.
    Redesignation of an area to nonattainment under section 107(d)(3) 
of the Act does not impose any new requirements on small entities. 
Redesignation is an action that affects the planning status of a 
geographical area and does not in itself, impose any regulatory 
requirements on sources. To the extent that the State must adopt new 
regulations based on the area's nonattainment status, EPA will review 
the effect of those actions on small entities at the time the State 
submits those regulations. I certify that approval of the redesignation 
request will not affect a substantial number of small entities.

B. Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''), 
Public Law 104-4, establishes requirements for Federal agencies to 
assess the effects of their regulatory actions on State, local, and 
tribal governments and the private sector. Under section 202 of the 
UMRA, EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. When a written statement is needed for 
an EPA rule, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, giving 
them meaningful and timely input in the development of EPA regulatory 
proposals with significant federal intergovernmental mandates, and 
informing, educating, and advising them on compliance with the 
regulatory requirements.
    EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, or tribal governments in the aggregate, or for the 
private sector, in any one year. Redesignation of an area to 
nonattainment under section 107(d)(3) of the Clean Air Act affects the 
air quality planning status of an area and does not, in itself, impose 
any regulatory requirements on sources and, therefore, does not impose 
any mandates or costs on the private sector. Redesignation of an area 
to nonattainment, however, does trigger an obligation of the State to 
develop, adopt and submit to EPA certain State Implementation Plan 
revisions under part D of title I of the Clean Air Act. EPA has 
determined that the cost to the State government of developing, 
adopting and submitting any necessary State Implementation Plan 
revisions will not exceed $100 million. Thus, today's rule 

[[Page 38729]]
is not subject to the requirements of sections 202 and 205 of the UMRA. 
EPA has determined that this rule contains no regulatory requirements 
that might significantly or uniquely affect small governments because 
only the State government has to take any action as a result of today's 
rule.

C. Petition Language

    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 September 26, 1995. 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 12866

    The OMB has exempted this action from the requirements of Section 6 
of Executive Order 12866.
List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 19, 1995.
Jack McGraw,
Acting Regional Administrator.

    40 CFR part 81 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. In Sec. 81.345 the table for Utah-PM-10 Nonattainment Areas is 
amended by adding an entry for Weber County to read as follows:


Sec. 81.345  Utah.

* * * * *

                                         Utah-PM-10 Nonattainment Areas                                         
----------------------------------------------------------------------------------------------------------------
                                                                                                  Classification
    Designated area          Designation date        Designation type      Classification date         type     
----------------------------------------------------------------------------------------------------------------
                                                                                                                
      *                   *                   *                   *                   *                   *     
Ogden Area Weber County  September 26, 1995.....  Nonattainment........  September 26, 1995.....  Moderate.     
 (part) city of Ogden.                                                                                          
                                                                                                                
      *                   *                   *                   *                   *                   *     
                                                           *                                                    
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 95-18520 Filed 7-27-95; 8:45 am]
BILLING CODE 6560-50-P