[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47297-47300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22150]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[FRL-5279-6]


Designation of Areas for Air Quality Planning Purposes; Wyoming; 
Redesignation of Particulate Matter Attainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this document, EPA is approving a December 19, 1994 request 
from the Governor of Wyoming to redesignate the Powder River Basin 
particulate matter attainment area in portions of Campbell and Converse 
Counties to exclude an area designated as the Kennecott/Puron 
Prevention of Significant Deterioration (PSD) Baseline area, pursuant 
to section 107 of the Clean Air Act (Act). EPA is designating the 
Kennecott/Puron PSD Baseline area as a separate particulate matter 
attainment area under section 107 of the Act. EPA is approving the 
State's 

[[Page 47298]]
redesignation request because the State has adequately followed the 
applicable Federal requirements and policy. Approval of the section 107 
redesignation eliminates the minor source baseline date for particulate 
matter in the Powder River Basin area which was triggered by the 
submittal of a complete PSD permit application for the Kennecott/Puron 
facility.

DATES: This final rule is effective on November 13, 1995 unless adverse 
or critical comments are received by October 12, 1995. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Copies of the State's submittal and other relevant 
information are available for inspection during normal business hours 
at the following locations: Air Programs Branch, U.S. Environmental 
Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver, 
Colorado 80202-2466; and Air Quality Division, Wyoming Department of 
Environmental Quality, 122 West 25th Street, Herschler Building, 
Cheyenne, Wyoming 82002.

FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8ART-AP, U.S. 
Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
500, Denver, Colorado 80202-2466, (303) 293-1765.

SUPPLEMENTARY INFORMATION:

I. Background

    The Powder River Basin particulate matter attainment area was 
initially designated by EPA in the January 14, 1993 Federal Register 
(see 58 FR 4348-4350). This designation was established in accordance 
with the Federal PSD regulations, which provide States with the option 
of establishing numerous PSD baseline areas under section 107(d) of the 
Act, as long as the baseline areas do not intersect or are not smaller 
than the area of 1 g/m3 ambient impact of any major 
stationary source or major modification which established the minor 
source baseline date or which was subject to PSD permitting 
requirements (see 40 CFR 52.21(a)(15)).
    This designation of the Powder River Basin as a separate baseline 
area under section 107 of the Act effectively ``untriggered'' the 
particulate matter minor source baseline date in the Powder River Basin 
particulate matter attainment area. The State's PSD regulations at that 
time provided that the particulate matter minor source baseline date in 
the Powder River Basin area would not be triggered until the submittal 
of the first complete PSD permit application for a major stationary 
source or major modification locating in or significantly impacting the 
Powder River Basin particulate matter attainment area, or by January 1, 
1996, whichever occurred first. The State has since amended its PSD 
regulations to trigger the particulate matter minor source baseline 
date in the Powder River Basin no later than January 1, 2001.
    Subsequently, in August of 1994, a PSD permit application was 
submitted for the Kennecott/Puron facility to construct a large coal 
beneficiation plant in the Powder River Basin of Campbell County, 
Wyoming. In order to avoid triggering the particulate matter minor 
source baseline date for the entire Powder River Basin particulate 
matter attainment area, the State submitted a request on December 19, 
1994 to redesignate the Powder River Basin particulate matter 
attainment area to exclude the 1 g/m\3\ air quality impact 
area of the Kennecott/Puron facility. As stated above, this is allowed 
under the Federal PSD permitting regulations, as long as the area to be 
excluded from the Powder River Basin particulate matter attainment area 
encompasses the entire 1 g/m\3\ ambient impact of the 
Kennecott/Puron facility.
II. Evaluation of State's Submittal

    The State's December 19, 1994 submittal consisted of a description 
of the boundary of the Kennecott/Puron PSD Baseline area to be excluded 
from the Powder River Basin area and supporting modeling results which 
were used to define the 1 g/m\3\ air quality impact area of 
the Kennecott/Puron facility. EPA originally noted a few concerns with 
the modeling, which were identified to the State in letters dated 
February 2, 1995 and March 31, 1995. The State responded to EPA's 
concerns in letters dated April 15, 1995 and April 28, 1995. The 
State's responses adequately addressed EPA's concerns. Thus, EPA 
believes the State has adequately assessed the 1 g/m\3\ air 
quality impact area of the Kennecott/Puron facility.
    The State has followed the terms of EPA's redesignation policy in 
its December 19, 1994 request to redesignate the Powder River Basin 
particulate matter attainment area to exclude the Kennecott/Puron PSD 
Baseline area and to designate the Kennecott/Puron PSD Baseline area as 
a separate section 107 particulate matter attainment area. Authority 
for the State's action is provided for in section 107(d)(3)(D) of the 
Act, which states: ``the Governor of any State may, on the Governor's 
own motion, submit to the Administrator a revised designation of any 
area or portion thereof within the State [and EPA] shall approve such 
redesignation.'' Therefore, EPA is approving the State's request.
    This approval eliminates the minor source baseline date for 
particulate matter that was established in the Powder River Basin area 
by the submittal of a complete PSD permit application for the 
Kennecott/Puron facility. Thus, until the time that the minor source 
baseline date is triggered, minor source emissions that exist in the 
Powder River Basin attainment area will become part of background 
emissions for the area. Once the minor source baseline date is 
triggered, all new growth from minor sources will begin consuming 
increment. The particulate matter minor source baseline date is 
considered to be triggered in the Kennecott/Puron PSD Baseline 
particulate matter attainment area as of the date the facility's PSD 
permit application was deemed complete.

FINAL ACTION: EPA is approving the State of Wyoming's request to 
redesignate the Powder River Basin particulate matter attainment area 
to exclude the Kennecott/Puron PSD Baseline area, which is being 
designated as a separate section 107 particulate matter attainment 
area. The new section 107 Kennecott/Puron PSD Baseline particulate 
matter attainment area is defined as follows: the area described by the 
W\1/2\SW\1/4\ Section 18, W\1/2\NW\1/4\, NW\1/4\SW\1/4\ Section 19, 
T47N, R70W, S\1/2\ Section 13, N\1/2\, N\1/2\SW\1/4\, N\1/2\SE\1/4\ 
Section 24, T47N, R71W, Campbell County, Wyoming. The Powder River 
Basin particulate matter attainment area boundary description in 40 CFR 
part 81 is thus being amended to exclude the Kennecott/Puron PSD 
Baseline area.
    The 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, the EPA is proposing to approve the State's 
request 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 on November 13, 1995 unless, 
within 30 days of its publication, adverse or critical comments are 
received.
    If the EPA receives such comments, 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 

[[Page 47299]]
proposed rule. The 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 November 13, 1995.
    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 any SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866 review.
    Under the Regulatory Flexibility Act, 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 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.
    Redesignation of an area under section 107(d)(3)(D) 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. The Administrator 
certifies that the approval of the redesignation request will not 
affect a substantial number of small entities.
    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that 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.
    The State has requested redesignation of the Powder River Basin 
particulate matter attainment area, to exclude a portion of that area, 
in accordance with section 107 of the Act. EPA's approval of this 
redesignation request will merely have the effect of splitting the 
currently designated Powder River Basin particulate matter attainment 
area into two parts and will impose no new requirements. Accordingly, 
no additional costs to State, local, or tribal governments, or to the 
private sector, will result from this action. EPA has also determined 
that this final action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 13, 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).)

List of Subjects in 40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: August 10, 1995.
Jack W. McGraw,
Acting Regional Administrator.

    40 CFR part 81, subpart B, 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.


Sec. 81.351  [Amended]

    2. Section 81.351 is amended by revising the Wyoming TSP table to 
read as follows:
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                                                  Wyoming--TSP                                                  
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                                                 Does not meet   Does not meet                     Better than  
                Designated area                     primary        secondary        Cannot be        national   
                                                   standards       standards       classified       standards   
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Trona Industrial Area (Sweetwater County).....  ..............               X   ..............  ...............
Powder River Basin............................  ..............  ...............  ..............               X 
Campbell County (part)                                                                                          
Converse County (part)                                                                                          
That area bounded by Township 40 through 52                                                                     
 North, and Ranges 69 through 73 West,                                                                          
 inclusive of the Sixth Principal Meridian,                                                                     
 Campbell and Converse Counties, excluding the                                                                  
 areas defined as the Pacific Power and Light                                                                   
 attainment area, the Hampshire Energy                                                                          
 attainment area, and the Kennecott/Puron PSD                                                                   
 Baseline attainment area.                                                                                      
Pacific Power and Light Area..................  ..............  ...............  ..............               X 
Campbell County (part)                                                                                          
That area bounded by NW1/4 of Section 27,                                                                       
 T50N, R71W, Campbell County, Wyoming.                                                                          
Hampshire Energy Area.........................  ..............  ...............  ..............               X 
Campbell County (part)                                                                                          
That area bounded by Section 6 excluding the                                                                    
 SW1/4; E1/2 Section 7; Section 17 excluding                                                                    
 the SW1/4; Section 14 excluding the SE1/4;                                                                     
 Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 of                                                                   
 T48N, R70W and Section 26 excluding the NE1/                                                                   
 4; SW1/4 Section 23; Sections 19, 20, 21, 22,                                                                  
 27, 28, 29, 30, 31, 32, 33, 34, 35 of T49N,                                                                    
 R70W.                                                                                                          
Kennecott/Puron PSD Baseline Area.............  ..............  ...............  ..............               X 
Campbell County (part)                                                                                          
That area described by the W1/2SW1/4 Section                                                                    
 18, W1/2NW1/4, NW1/4SW1/4 Section 19, T47N,                                                                    
 R70W, S1/2 Section 13, N1/2, N1/2SW1/4, N1/                                                                    
 2SE1/4 Section 24, T47N, R71W.                                                                                 
Rest of State.................................  ..............  ...............  ..............               X 
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[FR Doc. 95-22150 Filed 9-11-95; 8:45 am]
BILLING CODE 6560-50-P