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Citation: 55 Fed. Reg. 18110 1990

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### Federal Register / Vol. 55, No. 84 / Tuesday, May 1, 1990 / Rules and Regulations

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final action and another will begin a new rulemaking by announcing a proposal ofthe action and establishing a comment period. Ifno such comments

arereceived, the public is advised that this action will beeffective July2,1990.

This action has been classified as a Table 3action by the Regional Administrator under the procedures published in the Federal Register on January 19,1989 (54 FR 2214-2225). On January 6, 1989, the Office of Management and Budget waived Table 2 and 3SIP revisions (54 FR 2222) fromthe requirements of Section 3ofExecutive Order 12291 for a period of two years.

. Under 5U.S.C. 605(b), Icertify that this SIP revision will not have a significant economic impact on a substantial number ofsmall entities. (See46 FR 8709.)



### Under section 307(b)(1) ofthe Clean Air Act,petitions forjudicial review of this action must befiled in the United States Court ofAppeals for the appropriate circuit by July 2,1990.This action may not be challenged later in proceedings to enforce its requirements. (See307(b)(2).)

Listof Subjects in40 CFRPart52

Air pollution control, Particulate matter.

Dated: March 26,1990. 

### Daniel McGovern, RegionalAdministrator.

Title 40, part 52 of the Code ofFederal 

### Regulations, subpart M is amended as follows:
PART 52-f[AMENDED]

1.The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7642. 

### Subpart M-Hawaii

2. A new § 52.634 in part 52.is being 

### added to read as follows: §52.634 Particulate matter (PM-1O) Group
III SIP.

(a) On September 14, 1988, the 

### Governor ofHawaii submitted a revision to the StateImplementation Plan (SIP) for implementing the required monitoring activities and other tasks necessary to satisfy the requirements of the PM-10 Group III SIP.

(b) TheHawaii Department ofHealth has committed to meet the ongoing requirements forPM-10 Group IIIareas. [FR Doc. 90-10032 Filed4-30-90. 8:45 am]

BILLING CODE 6560-50-A 40 CFR Part 52

[FRL-3754-5]
Approval and Promulgation of State Implementation Plans; Battle Mountain Group IIPM-10 Area; State of Nevada

AGENCY: Environmental Protection Agency" (EPA). ACTION: Final rulemaking.

SUMMARY: EPA is approving the committal State Implementation Plan (SIP) for the Battle Mountain. Nevada, Group IIPM-10 area submitted by the State on March 24, 1989. The SIP commits the State to continue monitoring for PM-10 and modifies the PSD program to protect PM-10 NAAQS. It also demonstrates that with 3 years of ambient monitoring the NAAQS has not been violated. The intended effect of this action is to assure the maintenance ofthe NAAQS for PM-10. DATES: This action will be effective on July 2,1990, unless notice is received by May 31, 1990, that someone wishes to submit adverse orcritical comments. If the effective date is delayed, timely notice will be published in the Federal Register. ADDRESSES: Copies ofthe revision are available for public inspection between 8 a~m., and 4p.m., Monday through Friday at the following offices: Environmental Protection Agency. Region IX.

AirPrograms Branch, 1235 Mission Street SanFrancisco, CA 94103 Nevada Division ofEnvironmental

Protection, 201 S. Fall Street, Carson City, NV 89710 Public Information Reference Unit.Library

Systems Branch, Environmental Protection Agency, 401 M Street SW.,Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Steven K.Body, Air Programs Branch, Environmental Protection Agency, 1235 Mission Street, San Francisco, CA 94103, (415) 556-5153, (FTS) 556-5153.

SUPPLEMENTARY INFORMATION: Background

The 1977 amendments to the Clean Air Act require EPA to review periodically and, ifappropriate, revise the criteria on which the NAAQS for each air pollutant are based, as well as review and revise the NAAQS themselves. In response to these requirements, EPA published a notice to promulgate revised NAAQS for particulate matter under ten microns in size (known as PM-la) on July 1,1987 (52 FR 24634). As a result, states must revise their State Implementation Plans (SIPs) to attain and maintain the new NAAQS. To implement the new SIP requirements, all areas in the country Were divided into three groups, based on the probability that each ofthese areas would violate the PM-10 NAAQS. Group I areas have violated the PM-10 NAAQS or have air quality data showing high (greater than 95%) probabilities ofviolating the NAAQS. These areas must submit full SIPs including control strategies and attainment demonstrations. Group II

areas are estimated tohave moderate (20%-95%) probability ofviolating the PM-10NAAQS, and must commit to monitor for PM-10 and submit a full SIP ifa violation occurs. Group III areas are estimated to have a low (less than 20%) probability ofviolating the PM-10 NAAQS, and no new control strategy requirements apply.

Battle Mountain, Nevada, has been classified as a GroupJl area. On March 21, 1989, the State submitted a Committal SIP forBattle Mountain. The requirements for Group IIcommittal SIPs, and the State's response to these requirements are described below.

EPA Requirements for GroupII Committal SIPs
The following SIP requirements apply
to all PM-10 areas, regardless oftheir grouping:

(1) All SIPs should provide for the attainment and maintenance of the PM10 standards, and PM-10 should be regulated as a criteria pollutant. (2) Since the SIPmust protect both the PM-10 standard and the total suspended particulates (TSP) increment for prevention ofsignificant deterioration (PSD), it must trigger preconstruction review for a new or modified source which would emit significant (as defined
at40 CFR 51.166(b)(23)) amounts of either TSPor PM-10.

(3) The significant harm level for particulate matter was revised'in 40 CFR 51.151 to 600 pg/m 3 measured as PM-10, and the combined sulfur dioxideparticulate matter significant harm level

was deleted. In addition, the example alert,warning, and emergency levels of particulate matter in appendix L ofpart 51 were also revised to reflect PM-10 concentrations. Therefore, State emergency episode plans must be revised to reflect these changes.

(4) Revisions to 40 CFR part 58 set forth the requirements for design of national, State and local PM-10 air monitoring networks. The revised monitoring networks must be submitted forEPA approval. The required monitoring frequency varies with area grouping; Group I areas are required to monitor daily for at least one site in the 

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### Federal Register / Vol. 55, No. 84 / Tuesday, May 1, 1990 / Rules and Regulations

area of expected maximum concentration, Group IIareas are required to monitor every other day at such a site, and Group III areas are required to monitor every sixth day at such a site. Monitoring frequency in Group I and Group IIareas can be reduced ifthe reduction is supported by at least oneyear of data.

In addition, Committal SIPs for Group II areas must contain enforceable commitments to:

(5)Gather ambient PM-10 data, at least to an extent consistent with minimum EPA requirements and guidance.

(6)Analyze.and verify the ambient PM-10 data and report 24-hour PM-10 NAAQS exceedances to the appropriate Regional Office within45 days ofeach exceedance.

(7) 

### When an appropriate number of verifiable 24-hour NAAQS exceedances becomes available or when an annual arithmetic mean above the level ofthe annual PM-10 NAAQS becomes available, acknowledge that a nonattainment problem exists and immediately notify the appropriate Regional Office.

(8)Within 30 days ofthe notification referred to in (7), above, orwithin 37 months ofpromulgation of the PM-l0 NAAQS, whichever comes first, determine whether the measures in the existing SIPwill assure timely attainment and maintenance ofthe primary PM-10 standards, and immediately notify the appropriate Regional Office.

(9)Within 6 months of the notification referred to in (8), above, adopt and submit to EPA a PM-10 control strategy that assures attainment as expeditiously

as practicable but no laterthan 3years from approval ofthe Committal SIP.

(10) Committal SIPs must include an enforceable schedule with appropriate milestones or checkpoints.
NevadaSubmittal

The State submittal addresses EPA's requirements as follows:

(1)PM-lO AmbientAirQuality Standard. The State has not adopted a revised Particulate Matter Standard for PM-10. The current State TSPstandard is adequate toprotect the NAAQS. The current Nevada TSP standard is: 24 hour
average 150 Lg/M3; annual geometric


### mean 75 pjg/m3. Nevada plans to adopt

a PM-10 ambient standard equivalent to the NAAQS in the future.

(2)Preconstruction reviewof major stationary sourcesofPM-ic.The State administers an EPA approved Prevention ofSignificant Deterioration (PSD) program forall areas in the State except Washoe and Clark Counties. The State has revised thisprogram for PM10.

(3)Revisedemergencyepisode plans. The Stateis not required to revise the emergency episode plan forBattle Mountain because ofthe low measured PM-10 concentrations.

(4)PM-10 monitoring networks.There is one PM-10 monitoring site operating in Battle Mountain. The sampler is operated on an every sixth day schedule. The monitoring network design and coverage have been reviewed, and are approved by EPA Region IX, Air and Toxics Division. (5)CollectionofambientPM-icdata. The State began monitoring for PM-10 in July 1985, and has committed to continue monitoring in the Committal SIP.

(6)Reportingexceedances toEPA within 45days.This commitment is not contained in the Committal SIP.

(7) 

### Immediatenotificationof EPA if the areamovesintononattainment. This commitment is not contained in the Committal SIP.

(8)Determination ofadequacyofthe existingSIP.This commitment has been completed in the Committal SIP.

(9)Submittalofarevisedcontrol strategy forPM-l0ifthe areamoves intononattainment. This commitment is contained in the Committal SIP.

(10)Enforceable scheduleand milestones.This requirement is not contained in the Committal SIP, but since Group IImilestones are complete, it is not applicable.

The State held a public hearing on the Committal SIPon May 12, 1988. No oral and Written comments were received.
Final Action

EPA hereby approves the Committal SIPfor the BattleMountain, Nevada SIP. The Committal SIP provides for adequate ambient air quality monitoring, and shouldprovide the area protection fromviolations ofthe PM-la NAAQS.

Nothing in this action should be construed as permitting orallowing or establishing a precedent forany future request forrevision to any state implementation plan. Each request for revision to the state implementation plan shall be considered separately in light ofspecific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.

EPA finds thatgood cause exists for making the action taken in thisnotice immediately effective because the implementation plan revisions are already in effect under State law or regulation. EPA's approval poses no additional regulatory burden. EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial action and anticipates no adverse comments. This action willbe effective 60 days from the date ofthe Federal Register notice unless, within 30 days ofits publication, notice is received that adverse or critical comments will be submitted.

Ifsuch notice is received, this action willbe withdrawn before the effective date by publishing two subsequent notices. Onenotice will withdraw the final action and another willbegin a

new rulemaking by announcing a proposal ofthe action and establishing a comment period. Ifno such comments

are received, the public is advised that this action willbe effective July 2,1990.

Under 5 U.S.C. 605(b), I certify that 

### this SIPrevision will not have a significant economicimpact on a substantial number ofsmall entities. (See 46 FR 8709.)

This action has been classified as Table 3action by the Regional Administrator under the procedures published in the Federal Register on January 19,1989 (54 FR 2214-2225). On January 6, 1989, the Office of 

### Management and Budget waived Table 2 and 3SIPrevisions (54 FR 2222)from the requirements ofsection 3 ofExecutive Order 12291 for a period oftwo years.

Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review of this action mustbe filed in the United States Court ofAppeals forthe appropriate circuit by July 2,1990.This action may not be challenged later in proceedings to enforce its requirements. (See 307(b)(2).)

List ofSubjects in 40 CFR Part 52

Airpollution control, Particulate matter.

Dated: March 26, 1990.


### Daniel McGovern, RegionalAdministrator.



### Title 40, part 52 ofthe Code ofFederal Regulations subpart DD is amended as follows:

PART 52-[AMENDED]

1.The authority citation forpart 52 continues to read as follows:

Authority:42 U.S.C. 7401-7642.


### Subpart DD-Nevada,

2. A new § 52.1489 in part 52 is being 

### added to read as follows: 18111

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### Federal Register / Vol. 55, No. 84 / Tuesday, May 1. 1990 / Rules and Regulations

§52.1489 Particulate matter (PM-10) Group IISIP commitments.

(a) On March 29, 1989, the Air Quality Officer for the State ofNevada submitted a revision to the State Implementation Plan forBattle Mountain that contains commitments, for implementing all ofthe required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM-10 Group II SIPs.

(b) The Nevada Division of Environmental Protection has committed to comply with the PM-10 Group II, State Implementation Plan (SIP) requirements. [FR Doc. 90-10033 Field 4-30-90; 8:45 am]
BILLING CODE 6560-50-M

40 CFR Part 272
[FRL-3761-31

Hazardous Waste Management Program: Codification of Approved State Hazardous Waste Program for Michigan

AGENCY: Environmental Protection Agency. ACTION: Immediate final rule.

SUMMARY: Under the Resource Conservation and Recovery Act of1976,

as amended (RCRA), the United States Environmental Protection Agency (EPA) maygrant final authorization to States
to operate their hazardous waste management programs in lieu ofthe Federal program. EPA uses part 272 of title 40 ofthe Code ofFederal Regulations (40CFR part 272) to codify its authorization ofState programs and
to incorporate by reference those provisions ofState statutes and regulations that EPA will enforce under RCRA section 3008. Thus, EPA intends
to codify the Michigan authorized State program in40 CFR part 272. The purpose oftoday's Federal Register (FR) notice is
to codify EPA's approval ofrecent revisions to Michigan's program. DATES: Codification ofMichigan's revised authorized hazardous waste program shall be effective July 2, 1990, unless EPA publishes a prior Federal Register action withdrawing this immediate final rule. All comments on Michigan's codification must be received by 4:30 p.m.May 31, 1990. The incorporation of certain publications listed in the regulations is approved by the Director ofthe Federal Register as of July 2, 1990. ADDRESSES: Written comments should be sent to Ms. Judy Greenberg, Michigan Regulatory specialist, Office ofRCRA, 5HR-JCK-13, U.S. EPA, Region V, 230 South Dearborn Street, Chicago, Illinois 60604, telephone: (312) 886-4179 (FTS: 886-4179).
FOR FURTHER INFORMATION CONTACT. Ms.Judy Greenberg, Michigan Regulatory Specialist, Office ofRCRA, 5HR-JCK-13, U.S. EPA, Region V, 230 South Dearborn Street, Chicago, Illinois 60604, telephone: (312) 886-4179 (FTS: 886-4179).
SUPPLEMENTARY INFORMATION Background

On February 21, 1989,EPA published in the Federal Register notice ofits decision to codify Michigan's then authorized hazardous waste management program (see 54 FR 7420). Effective January 23, 1990, EPA granted authorization to Michigan for certain additional revisions to the State hazardous waste management program (see 54FR 48608). In today's notice, EPA is .codifying the currently authorized hazardous waste management program in Michigan.

EPA codifies its approval ofState programs in 40 CFR part 272, and incorporates by reference therein the State statutes and regulations that EPA will enforce under section 3008 of RCRA. Although EPA has the authority
to enforce authorized standards in Michigan's hazardous waste management program without codification ofthose standards, this effort will provide clearer notice to the public ofthe scope ofthe authorized program in Michigan.

Revisions to Michigan's and other State hazardous waste management programs are necessary when Federal statutory or regulatory authority is modified. The codification ofMichigan's authorized program in subpart X ofpart 272 is intended to enhance the public's ability to discern the current status of the authorized State program and clarify the extent ofFederal enforcement authority. For afuller explanation of EPA's codification of Michigan's authorized hazardous waste management program, see 54 FR 7420, February 21, 1989.

Certification under the Regulatory Flexibility Act

Pursuant to the provisions of5 U.S.C. 605(b), Ihereby certify that this action will not have a significant economic impact on a substantial number ofsmall entities. It intends to codify the decision already made to authorize Michigan's program and has no separate effect on handlers ofhazardous waste in ,the State or upon small entities. This rule, therefore, does not require a regulatory flexibility analysis. Compliance WithExecutive Order 12291

The Office ofManagement and Budget has exempted this rule from the requirements ofsection 3 ofExecutive Order 12291. Paperwork Reduction Act

Under the Paperwork Reduction Act, 44 U.S.C. 3501 etseq., Federal agencies
must consider the paperwork burden imposed by any information request contained in a proposed rule or a final rule. This rule will not impose any information requirements upon the regulated community.

List of Subjects in40 CFR Part 272

Administrative practice and procedure, Confidential business information, Hazardous waste transportation, Hazardous waste, Incorporation by reference, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Water pollution control, Water supply.

Dated: January 17,1990. Valdas V. Adamkus, RegionalAdministrator.

For the reasons set forth in the preamble, subpart X of40 CFR part 272 is amended as follows:

PART 272-APPROVED STATE HAZARDOUS WASTE MANAGEMENT
PROGRAMS

1. The authority for part 272 continues
to read as follows:

Authority: Secs. 2002(a), 3006, and 7004(b) ofthe Solid Waste Disposal Act, as amended by theResource Conservation and Recovery Act as amended, 42U.S.C. 6912[a), 6926. and 6974(b).

2. Section 272.1150 is amended by revising paragraphs (a) and (b)to read

as follows: §272.1150 State authorization.

(a) The State ofMichigan is authorized to administer and enforce a hazardous waste management program in lieu of the Federal program under subtitle C ofthe Resource Conservation and Recovery Act of1976 [RCRA), 42 U.S.C. 6921 etseq.subject to the Hazardous and Solid Waste Amendments of 1984 (HSWA), Public Law 98-616, November 8, 1984), 42 U.S.C. 6926 (c) and (g). The Federal program for Which a State may receive authorization isdefined in 40 CFR part 271. The State's program, as administered by the Michigan Department ofNatural Resources, was 

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