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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 --

final action and another will begin a

new rulemaking by announcing a

proposal of the action and establishing a

comment period. If no such comments

are received, the public is advised that

this action will be effective July 2, 1990.

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). On

January 6, 1989, the Office of

Management and Budget waived Table 2

and 3 SIP revisions (54 FR 2222) from the

requirements of Section 3 of Executive

Order 12291 for a period of two years.

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

this SIP revision will not have a

significant economic impact on a

substantial number of small entities.

(See 46 FR 8709.)

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 July 2, 1990. This

action may not be challenged later in

proceedings to enforce its requirements.

(See 307(b)(2).)

List of Subjects in 40 CFR Part 52

Air pollution control, Particulate

matter.

Dated: March 26, 1990.

Daniel McGovern,

RegionalAdministrator.

Title 40, part 52 of the Code of Federal

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 of Hawaii submitted a

revision to the State Implementation

Plan (SIP) for implementing the required

monitoring activities and other tasks

necessary to satisfy the requirements of

the PM-10 Group III SIP.

(b) The Hawaii Department of Health

has committed to meet the ongoing

requirements for PM-10 Group III areas.

[FR Doc. 90-10032 Filed 4-30-90. 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 II PM-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 II PM-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

of the 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 or critical comments. If

the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Copies of the revision are

available for public inspection between

8 a~m., and 4 p.m., Monday through

Friday at the following offices:

Environmental Protection Agency. Region IX.

Air Programs Branch, 1235 Mission Street

San Francisco, CA 94103

Nevada Division of Environmental

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, if appropriate, 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 of these 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 of violating the NAAQS.

These areas must submit full SIPs

including control strategies and

attainment demonstrations. Group II

areas are estimated to have moderate

(20%-95%) probability of violating the

PM-10 NAAQS, and must commit to

monitor for PM-10 and submit a full SIP

if a violation occurs. Group III areas are

estimated to have a low (less than 20%)

probability of violating 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 for Battle Mountain. The

requirements for Group II committal

SIPs, and the State's response to these

requirements are described below.

EPA Requirements for Group II

Committal SIPs

The following SIP requirements apply

to all PM-10 areas, regardless of their

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 SIP must protect both the

PM-10 standard and the total suspended

particulates (TSP) increment for

prevention of significant deterioration

(PSD), it must trigger preconstruction

review for a new or modified source

which would emit significant (as defined

at 40 CFR 51.166(b)(23)) amounts of

either TSP or 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 of part

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

for EPA 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 II areas 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 II areas can be

reduced if the reduction is supported by

at least one year 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 within 45 days of each

exceedance.

(7) When an appropriate number of

verifiable 24-hour NAAQS exceedances

becomes available or when an annual

arithmetic mean above the level of the

annual PM-10 NAAQS becomes

available, acknowledge that a

nonattainment problem exists and

immediately notify the appropriate

Regional Office.

(8) Within 30 days of the notification

referred to in (7), above, orwithin 37

months of promulgation of the PM-l0

NAAQS, whichever comes first,

determine whether the measures in the

existing SIP will assure timely

attainment and maintenance of the

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 later than 3 years

from approval of the Committal SIP.

(10) Committal SIPs must include an

enforceable schedule with appropriate

milestones or checkpoints.

Nevada Submittal

The State submittal addresses EPA's

requirements as follows:

(1) PM-lO Ambient Air Quality

Standard. The State has not adopted a

revised Particulate Matter Standard for

PM-10. The current State TSP standard

is adequate to protect 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 review of major

stationary sources of PM-ic. The State

administers an EPA approved

Prevention of Significant Deterioration

(PSD) program for all areas in the State

except Washoe and Clark Counties. The

State has revised this program for PM10.

(3) Revised emergency episode plans.

The State is not required to revise the

emergency episode plan for Battle

Mountain because of the 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) Collection of ambient PM-ic data.

The State began monitoring for PM-10 in

July 1985, and has committed to continue

monitoring in the Committal SIP.

(6) Reporting exceedances to EPA

within 45 days. This commitment is not

contained in the Committal SIP.

(7) Immediate notification of EPA if

the area moves into nonattainment. This

commitment is not contained in the

Committal SIP.

(8) Determination of adequacy of the

existing SIP. This commitment has been

completed in the Committal SIP.

(9) Submittal of a revised control

strategy for PM-l0 if the area moves

into nonattainment. This commitment is

contained in the Committal SIP.

(10) Enforceable schedule and

milestones. This requirement is not

contained in the Committal SIP, but

since Group II milestones are complete,

it is not applicable.

The State held a public hearing on the

Committal SIP on May 12, 1988. No oral

and Written comments were received.

Final Action

EPA hereby approves the Committal

SIP for the Battle Mountain, Nevada SIP.

The Committal SIP provides for

adequate ambient air quality

monitoring, and should provide the area

protection from violations of the PM-la

NAAQS.

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 the 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.

EPA finds that good cause exists for

making the action taken in this notice

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 will be effective 60 days

from the date of the Federal Register

notice unless, within 30 days of its

publication, notice is received that

adverse or critical comments will be

submitted.

If such notice is received, this action

will be withdrawn before the effective

date by publishing two subsequent

notices. One notice will withdraw the

final action and another will begin a

new rulemaking by announcing a

proposal of the action and establishing a

comment period. If no such comments

are received, the public is advised that

this action will be effective July 2, 1990.

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

this SIP revision will not have a

significant economic impact on a

substantial number of small entities.

(See 46 FR 8709.)

This action has been classified as

Table 3 action 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 3 SIP revisions (54 FR 2222) from the

requirements of section 3 of Executive

Order 12291 for a period of two years.

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 July 2, 1990. This

action may not be challenged later in

proceedings to enforce its requirements.

(See 307(b)(2).)

List of Subjects in 40 CFR Part 52

Air pollution control, Particulate

matter.

Dated: March 26, 1990.

Daniel McGovern,

RegionalAdministrator.

Title 40, part 52 of the Code of Federal

Regulations subpart DD is amended as

follows:

PART 52-[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart DD-Nevada,

2. A new § 52.1489 in part 52 is being

added to read as follows:

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

§ 52.1489 Particulate matter (PM-10)

Group II SIP commitments.

(a) On March 29, 1989, the Air Quality

Officer for the State of Nevada

submitted a revision to the State

Implementation Plan for Battle

Mountain that contains commitments,

for implementing all of the 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 of 1976,

as amended (RCRA), the United States

Environmental Protection Agency (EPA)

may grant final authorization to States

to operate their hazardous waste

management programs in lieu of the

Federal program. EPA uses part 272 of

title 40 of the Code of Federal

Regulations (40 CFR part 272) to codify

its authorization of State programs and

to incorporate by reference those

provisions of State statutes and

regulations that EPA will enforce under

RCRA section 3008. Thus, EPA intends

to codify the Michigan authorized State

program in 40 CFR part 272. The purpose

of today's Federal Register (FR) notice is

to codify EPA's approval of recent

revisions to Michigan's program.

DATES: Codification of Michigan'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 of the Federal Register as of

July 2, 1990.

ADDRESSES: Written comments should

be sent to Ms. Judy Greenberg, Michigan

Regulatory specialist, Office of RCRA,

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 of RCRA,

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 of its

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 54 FR 48608). In today's notice, EPA

is .codifying the currently authorized

hazardous waste management program

in Michigan.

EPA codifies its approval of State

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 of those standards, this

effort will provide clearer notice to the

public of the scope of the 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 of Michigan's

authorized program in subpart X of part

272 is intended to enhance the public's

ability to discern the current status of

the authorized State program and clarify

the extent of Federal enforcement

authority. For a fuller 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 of 5 U.S.C.

605(b), I hereby certify that this action

will not have a significant economic

impact on a substantial number of small

entities. It intends to codify the decision

already made to authorize Michigan's

program and has no separate effect on handlers of hazardous waste in ,the

State or upon small entities. This rule,

therefore, does not require a regulatory

flexibility analysis.

Compliance With Executive Order 12291

The Office of Management and Budget

has exempted this rule from the

requirements of section 3 of Executive

Order 12291.

Paperwork Reduction Act

Under the Paperwork Reduction Act,

44 U.S.C. 3501 et seq., 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 in 40 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 of 40 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)

of the Solid Waste Disposal Act, as amended

by the Resource Conservation and Recovery

Act as amended, 42 U.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 of Michigan is

authorized to administer and enforce a

hazardous waste management program

in lieu of the Federal program under

subtitle C of the Resource Conservation

and Recovery Act of 1976 [RCRA), 42

U.S.C. 6921 et seq. 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 is defined in 40 CFR part

271. The State's program, as

administered by the Michigan

Department of Natural Resources, was

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