LEXSEE 56 FR 11101

ENVIRONMENTAL PROTECTION AGENCY

AGENCY: Environmental Protection Agency (EPA).

40 CFR Part 81

Designations and Classifications for Initial PM-10 Nonattainment Areas

[AD-FRL-3913-12]

56 FR 11101

March 15, 1991

ACTION: Notice announcing designations and classifications for initial PM-10 nonattainment areas.

SUMMARY: Under section 107(d)(4)(B) of the Clean Air Act (Act) as amended by the Clean Air Act Amendments of

1990 (Pub. L. No. 101-549, November 15, 1990), certain areas were designated as nonattainment for the pollutant

PM-10 by operation of law upon enactment of the Amendments. These areas include "Group" I areas identified at 52

FR 29383 (August 7, 1987) and as subsequently clarified at 55 FR 45799 (October 31, 1990). Other areas (i.e., Group II

or III areas) containing sites for which air quality monitoring data showed a violation of the national ambient air quality

standards (NAAQS) for PM-10 prior to January 1, 1989 were also designated nonattainment for PM-10 by operation of

law upon enactment. All other areas were designated unclassified for PM-10 by operation of law. By this notice, EPA is

announcing, as required by section 107(d)(2) of the amended Act, all of those areas that were designated nonattainment

for PM-10 by operation of law on November 15, 1990.

By this notice, EPA is also announcing, as required by section 188(a) of the amended Act, that all of the areas

designated nonattainment for PM-10 by operation of law upon enactment of the Amendments were classified as

moderate nonattainment areas at that time. In accordance with section 189(a)(2), States must submit State

implementation plans (SIP's) for these areas by November 15, 1991.

DATES: Written comments on this notice must be received by April 15, 1991 at the address below.

EFFECTIVE DATE: These actions will become effective on May 14, 1991.

ADDRESSES: Written comments on this action should be addressed to Larry D. Wallace, Particulate Matter Programs

Section, Air Quality Management Division (MD-15), Office of Air Quality Planning and Standards, U.S.

Environmental Protection Agency, Research Triangle Park, NC 27711.

The air quality monitoring data supporting the nonattainment designation of the former Group II and III areas

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monitoring violations of the PM-10 NAAQS prior to January 1, 1989 are available from the respective EPA Regional

Office which serves the State where the affected area is located. The addresses of the Regional Offices are as follows:

-- State Air Programs Branch, EPA Region I, J.F.K. Federal Building, Boston, MA 02203-2211

-- Air Programs Branch, EPA Region II, 26 Federal Plaza, New York, NY 10278

-- Air Programs Branch, EPA Region III, 841 Chestnut Building, Philadelphia, PA 19107

-- Air Programs Branch, EPA Region IV, 345 Courtland Street, NE., Atlanta, GA 30365

-- Air and Radiation Branch, EPA Region V, 230 South Dearborn Street, Chicago, IL 60604

-- Air Programs Branch, EPA Region VI, 1445 Ross Avenue, Dallas, TX 75202-2733

-- Air Branch, EPA Region VII, 726 Minnesota Avenue, Kansas City, KS 66101

-- Air Programs Branch, EPA Region VIII, 999 18th Street, Denver Place -- Suit 500, Denver, CO 80202-2405

-- Air Programs Branch, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105

-- Air Programs Branch, EPA Region X, 1200 Sixth Avenue, Seattle, WA 98101

FOR FURTHER INFORMATION CONTACT: Larry D. Wallace, Particulate Matter Programs Section, Air Quality

Management Division, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, (919)

541-0906 or FTS 629-0906 and at the address indicated above.

TEXT: SUPPLEMENTARY INFORMATION:

I. Background

A. 1987 Revision of the NAAQS for Particulate Matter

On July 1, 1987, EPA revised the NAAQs for particulate matter, replacing total suspended particulates (TSP) as the

indicator for particulate matter with a new indicator that included only those particles with an aerodynamic diameter

less than or equal to a nominal 10 micrometers (called "PM-10") (52 FR 24634). At the same time, EPA set forth

regulations for implementing the revised particulate matter standards and announced EPA's SIP development policy on

PM-10 control strategies necessary to assure attainment and maintenance of the PM-10 NAAQS (see generally 52 FR

24672). The EPA adopted a PM-10 SIP development policy dividing all areas of the country into three categories based

on their probability of violating the new NAAQS: (1) Areas with a strong likelihood of violating the PM-10 NAAQS

and requiring substantial SIP adjustment were placed in Group I, (2) areas where attainment of the PM-10 NAAQS was

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possible and existing SIP's needed less adjustment were placed in Group II, (3) areas with a strong likelihood of

attaining the PM-10 NAAQS and therefore needing adjustment only to their preconstruction review program and

monitoring network were placed in Group III (52 FR 24672, 24679-24682).

B. Prior Listing of and Modification to PM-10 Groups I, II, and III Areas

In accordance with the standards, policies, and regulations published on July 1, 1987 for revising and implementing

the new particulate matter standards, EPA identified and listed the Group I and Group II areas in each State in a notice

published on August 7, 1987 (52 FR 29383). That notice also indicated that any area of the country not listed as Group I

or II was placed in Group III (52 FR 29383).

The EPA subsequently modified the listing for three areas and announced these revisions in a notice published on

March 28, 1989 (54 FR 12620). Specifically, the 1989 notice indicated that Porter County, Indiana, was changed from

Group I to Group II; Mono Basin, California, was changed from Group III to Group II; and Sandpoint, Idaho, was

changed from Group I to Group II.

On October 31, 1990, EPA published technical corrections clarifying the boundaries of concern for some of the

areas previously identified as Groups I and II areas (55 FR 45799). When EPA listed the initial groupings for areas in

the August 1987 notice, the Groups I and II areas of concern were generally described as cities, towns, counties, or

planning areas. The EPA indicated at that time that these descriptions were only the initial definitions of the areas to be

investigated in the SIP development process and would be better defined later. The clarifications to the Groups I and II

areas announced in October 1990 specifically defined and delineated the boundaries of the Groups I and Group II areas

in question based on information obtained in the SIP development process and EPA guidelines and procedures for

determining particulate matter boundaries. With respect to Group II areas, the October 1990 notice also set forth those

areas containing a site for which air quality monitoring data showed a violation of the NAAQS prior to January 1, 1989.

n1

n 1 Footnote 4 of the October 31, 1990 notice references Group II areas with violations of the PM-10

NAAQS.

II. Today's Action

In the 1990 Amendments to the Clean Air Act, Congress used the PM-10 grouping scheme as the starting point for

designating areas on nonattainment and unclassifiable for PM-10 by operation of law upon enactment of the

Amendments. Group I areas identified in 52 FR 29383 (August 7, 1987) and as subsequently clarified in 55 FR 45799

(October 31, 1990) were designated nonattainment for PM-10 by operation of law n2 [see section 107(d)(4)(B)(i) of the

amended Act]. Any other area (i.e., Group II or III areas) containing a site for which air quality monitoring data showed

a violation of the NAAQS for PM-10 prior to January 1, 1989 was also designated nonattainment for PM-10 by

operation of law upon enactment [see 107(d)(4)(B)(ii) of the amendment Act]. All other areas were designated

unclassifiable for PM-10 by operation of law [see 107(d)(4)(B)(iii) of the amended Act]. By this notice, EPA is

announcing, as required by section 107(d)(2) of the amended Act, all of those areas that were designated nonattainment

for PM-10 by operation of law on November 15, 1990.

n 2 The notice published on October 31, 1990 (55 FR 45799) reflects the revisions announced in the notice

published on March 28, 1989 (54 FR 12620).

Section 188(a) of the amended Act provides that those areas designated nonattainment for PM-10 upon enactment

of the 1990 Clean Air Act Amendments were, by operation of law, classified as moderate PM-10 nonattainment areas at

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the time of their designation as nonattainment. By this notice, EPA is also announcing, as required by section 188(a) of

the amended Act, that all of the areas designated as nonattainment for PM-10 by operation of law upon enactment of the

Amendments were classified as moderate nonattainment areas at that time.

For administrative efficiency reasons, EPA will defer the ministerial act of formally codifying these PM-10

designations and classifications in 40 CFR part 81 until EPA codifies designations and classifications for other

pollutants sometime within the next few months. This notice is provided now in order to make the announcements

required by sections 107(d)(2) and 188(a) of the revised Act and to ensure that SIP development for the new PM-10

nonattainment areas proceeds in a timely fashion.

Neither of these actions is subject to the APA requirements for notice-and-comment rulemaking (5 U.S.C. 553-557)

or section 307(d) of the amended Clean Air Act. n3 Regarding designations, section 107(d)(2) of the amended Act

requires the Administrator to publish a notice announcing designations occurring pursuant to section 107(d)(4), but

explicitly provides that such announcement is not subject to APA notice-and-comment rulemaking procedures. Thus,

Congress has expressly exempted the announcement of those areas designated nonattainment for PM-10 by operation of

law under section 107(d)(4)(B) from the notice-and-comment procedural requirements of the APA.

n 3 Regarding section 307(d) requirements, today's actions are not among the actions listed in section

307(d)(1) of the amended Act as being subject to the procedural requirements of section 307(d), nor has the

Administrator designated these actions as 307(d)(1)(U) of the amended Act.

Regarding classifications, section 188(a) of the amended Act requires the Administrator to publish a notice

announcing the classifications of these areas. Section 188(a) explicitly states that the provisions of section 172(a)(1)(B)

pertaining to lack of notice and comment and judicial review shall apply when the Administrator announces these

classifications. Section 172(a)(1)(B), in turn, expressly exempts the classification announcement from the

notice-and-comment procedures set forth in 5 U.S.C. 553-557 of the APA.

Nevertheless, for the purpose of providing an opportunity for public participation and avoiding error, EPA will

entertain any comments on these actions that are received by April 15, 1991. The EPA's announcement of these actions

[for purposes of sections 107(d)(2) and 188(a)] will become effective on May 14, 1991. This will provide enough time

for EPA to make any adjustments to the announcement that are appropriate in light of the comments.

III. Initial PM-10 Nonattainment Areas

The following list identifies all of those areas designated as nonattainment for PM-10 on November 15, 1990, upon

enactment of the Clean Air Act Amendments of 1990. The EPA also announces, pursuant to section 188(a) of the

amended Act, that all of these areas were classified as moderate by operation of law upon enactment of the

Amendments.

PM-10 Initial Nonattainment Areas 1 , 2

State and counties Area of Concern

Alaska:

Anchorage Community of Eagle River.

Juneau City of Juneau: Mendenhall Valley area.

Arizona:

Cochise Paul Spur/Douglas planning area: Township 23 south, Range

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25 east (T23S, R25E); T23S, R26E; T24S, R25E; T24S, R26E;

T23S, R27E; T24S, R27E; T23S, R28E; T24S, R28E.

Santa Cruz Nogales planning area: The portions of the following

Townships which are within the State of Arizona and lie

east of 111 deg. longitude:

T23S, R13E; T23S, R14E;

T24S, R13E; T24S, R14E;

Pima Rillito planning area: Townships:

T11S, R9E; T11S, R10E; T11S, R11E; T11S, R12E;

T12S, R8E; T12S, R9E; T12S, R10E; T12S, R11E; T12S; R12E;

Ajo planning area: Township T12S, R6W, and the following

sections of Township T12S, R5W:

a. Sections 6-8

b. Sections 17-20, and

c. Sections 29-32

Maricopa and Pinal Phoenix planning area: The rectangle determined by, and

including,

T6N, R3W; T6N, R7E;

T2S, R3W; T2S, R7E;

T1N; R8E

Yuma Yuma planning area: Townships: T7S-R21W, R22W; T8S-R21W,

R22W, R23W, R24W; T9S-R21W, R22W, R23W, R24W, R25W;

T10S-R21W, R22W, R23W, R24W, R25W.

Pinal and Gila Hayden/Miami planning area: Townships:

T4S, R16E

T5S, R16E

T6S, R16E

plus the portion of Township T3S, R16E that

does not lie on the San Carlos Indian Reservation, and

the rectangle formed by, and including, Townships:

T1N, R13E; T1N, R15E

T6S, R13E; T6S, R15E

California:

Inyo Owens Valley planning area: Hydrologic Unit #18090103.

San Bernardino,

Inyo, and Kern Searles Valley planning area: Hydrologic Unit #1809005.

Mono Mammoth Lake planning area: Includes the following

sections:

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a. Sections 1-12, 17, and 18 of Township T4S, R28E;

b. Sections 25-36 of Township T3S, R28E;

c. Sections 25-36 of Township T3S, R27E;

d. Sections 1-18 of Township T4S, R27E;

and

e. Sections 25 and 36 of Township T3S, R26E

Fresno, Kern,

Kings, Tulare, San

Joaquin,

Stanislaus, Madera San Joaquin Valley planning area.

Riverside, Los

Angeles, Orange,

and San Bernardino South Coast Air Basin.

Riverside Coachella Valley planning area.

Imperial Imperial Valley planning area.

Colorado:

Archuleta Pagosa Springs.

Adams, Denver,

Arapahoe,

Jefferson, Douglas,

and Boulder Denver Metropolitan area: All of Denver, Jefferson, and

Douglas Counties, Boulder County (excluding the Rocky

Mountain National Park) and the Colorado automobile

inspection and readjustment program portions of Adams and

Arapahoe Counties.

San Miguel Telluride.

Prowers Lamar.

Pitkin Aspen.

Fremont Canon City.

Connecticut:

New Haven City of New Haven.

Idaho:

Ada Boise: Northern Boundary -- Beginning at a point in the

center of the channel of the Boise River, where the line

between sections 15 and 16 in township 3 north (T3N), range

4 east (R4E), crosses said Boise River; thence, west down

the center of the channel of the Boise River to a point

opposite the mouth of More's Creek; thence, in a straight

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line north 44 degrees and 38 minutes west until the said

line intersects the north line of T5N (12 Ter.

Ses. 67); thence, west to the northwest corner T5N, R1W;

Western Boundary -- Thence, south to the northwest corner

of T3N, R1W; thence, east to the northwest corner of

section 4 of T3N, R1W; thence, south to the southeast

corner of section 32 of T2N, R1W; thence, west to the north

west corner of T1N, R1W; thence, south to the southwest

corner of section 32 of T2N, R1W; thence, west to the north

west corner of T1N, R1W; thence, south to the southwest

corner of T1N, R1W; Southern Boundary -- Thence, east to

the southwest corner of section 33 of T1N, R4E; Eastern

Boundary -- Thence, north along the north and south center

line of Townships T1N, R4E, T2N, R4E, and T3N, R4E,

Boise Meridian to the beginning point in the center of the

channel of the Boise River.

Shoshone City of Pinehurst.

Bannock and Power City of Pocatello.

Bonner County.

Illinois:

Cook a. Lyons Township

b. The area bounded on the north by 79th Street, on the

west by Route 57, on the south by Sibley Boulevard and on

the east by the Illinois/Indiana State line.

LaSalle Oglesby including the following Townships, ranges, and

sections: T32N, R1E, S1; T32N, R2E, S6; T33N, R1E, S24;

T33N, R1E, S25; T33N, R2E, S31; and T33N, R1E, S36.

Madison Granite City Township and Nameoki Township.

Indiana:

Lake Cities of East Chicago, Hammond, Whiting, and Gary.

Vermillion Clinton Township.

Maine:

Aroostook City of Presque Isle.

Michigan:

Wayne The area bounded by Michigan Avenue from its intersection

with I-75 west to I-94, I-94 southwest to Greenfield Road,

Greenfield Road south to Schaefer Road, Schaefer Road south

and east to Jefferson Avenue, Jefferson Avenue south

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(Biddle Avenue through the city of Wyandotte) to Sibley

Avenue, Sibley Avenue west to Fort Street, Fort Street

south to King Road, King Road east to Jefferson Avenue,

Jefferson Avenue south to Helen Road, Helen Road east

extended to Trenton Channel, Trenton Channel north to the

Detroit River, the Detroit River north to the Ambassador

Bridge, Ambassador Bridge to I-75, I-75 to Michigan Avenue.

Minnesota:

Ramsey The area bounded by the Mississippi River from Lafayette to

Route 494, Route 494 east to Route 61, Route 61 north to

I-94, I-94 west to Lafayette, and Lafayette south to the

Mississippi River.

Olmsted City of Rochester.

Missouri:

Audrain County.

Montana:

Flathead The area bounded by lines from Universal Transmercator

(UTM) coordinate 700000mE, 5347000mN, east to 704000mE,

5347000mN, south to 704000mE, 5341000mN, west to 703000mE,

5341000mN, south to 703000mE, 5340000mN, west to 702000mE,

5340000mN, south to 702000mE, 5339000mN, east to 703000mE,

5339000mN, south to 703000mE, 5338000mN, east to 704000mE,

5338000mN, south to 704000mE, 5336000mN, west to 702000mE,

5336000mN, south to 702000mE, 5335000mN, west to 700000mE,

5335000mN, north to 700000mE, 5340000mN, west to 695000mE,

5340000mN, north to 695000mE, 5345000mN, east to 700000mE,

5345000mN, north to 700000mE, 5347000mN.

Columbia Falls: Township T30N, R20W, Sections 7, 8, 9, 16,

and 17.

Lincoln Libby.

Lake Ronan, Polson.

Missoula Township T13N, R19W, sections 2, 8, 11, 14, 15, 16, 17,

East 19, 20, 21, 22, 23, 24, 27, 28, 29, East 1/2 30, East

1/2 31, 32, 33, 34, and T12N, R19W, section 4, 5, 6, 7.

Rosebud Lame Deer.

Silver Bow Butte.

Nevada:

Washoe Reno planning area: Hydrographic area 87.

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Clark Las Vegas planning area: Hydrographic Area 212.

New Mexico:

Dona Ana The area bounded by Anthony Quadrangle, Anthony, New Mexico

-- Texas, SE/4 La Mesa 15' Quadrangle, N3200 -- W10630/7.5,

Township 26S, Range 3E, Sections 35 and 36 as limited by

the New Mexico -- Texas State line on the south.

Ohio:

Cuyahoga County.

Jefferson The portion of the City of Steubenville south of Market

Street, plus the area bounded on the north by the southern

boundary of the City of Steubenville, on the west by Ohio

Route #7, on the south by the southern border of

Steubenville Township, and on the east by the Ohio/West

Virginia border.

Oregon:

Jackson Medford-Ashland air quality maintenance area (including

White City).

Josephine Grants Pass: The area within the urban growth boundary.

Lane Eugene/Springfield: The area within the urban growth

boundary.

Klamath Klamath Falls: The area within the urban growth boundary.

Union LaGrande: The area within the urban growth boundary.

Pennsylvania:

Allegheny The area including Liberty, Lincoln, Port Vue, and

Glassport Boroughs and the City of Clairton.

Puerto Rico:

Guaynabo Municipality of Guaynabo.

Texas:

Lubbock That portion of the City of Lubbock enclosed by Loop 289

highway.

El Paso City of El Paso.

Utah:

Salt Lake County.

Utah County.

Washington:

King The portion of the City of Seattle bounded on the east by

I-5/East Duwamish Greenbelt, on the south by 104th Street,

on the west by the West Duwamish Greenbelt north to

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Fairmont Avenue, S.W., north on Fairmont to Elliott Bay,

and Dearborn Street from Elliott Bay to I-5;

The City of Kent and a portion of the Green River valley

bounded on east and west by the 100-foot contour, on the

north by South 212th Street, and on the south by Highway

516.

Pierce Tacoma metropolitan area bounded on the north by Marine

View Drive from Commencement Bay east to the 100-foot

contour, southeast along the 100-foot contour to 64th

Avenue East, south along 64th Avenue East extended to I-5,

I-5 west to the 100-foot contour near Pacific Avenue, and

north along the 100-foot contour to Commencement Bay.

Spokane The area bounded on the south by a line from Universal

Transmercator (UTM) coordinate 489000mE, 5271000mN, west to

458000mE, 5271000mN, thence north along a line to

coordinate 458000mE, 5288000mN, thence east to 463000mE,

5288000mN, thence north to 463000mE, 5292000mN, thence

east to 481000mE, 5292000mN, thence south to 481000mE,

5288000mN, thence east to 489000mE, 5288000, thence south

to the beginning coordinate 489000mE, 5271000mN.

Yakima The area bounded on the south by a line from Universal

Transmercator (UTM) coordinate 694000mW, 5157000mN, west to

681000mW, 5157000mN, thence north along a line to

coordinate 681000mW, 5172000mN, thence south to the

beginning coordinate 694000mW, 5157000mN.

Thurston Cities of Olympia, Tumwater, and Lacey.

Walla Walla Wallula.

West Virginia:

Brooke Follansbee area bounded on the north by the Market Street

Bridge, on the east by West Virginia Route #2, on the south

by the extension of the southern boundary of Steubenville

Township in Jefferson County, Ohio, and on the west by the

Ohio/West Virginia border.

Wyoming:

Sheridan City of Sheridan.

1 When cities or towns are shown, the area of concern is defined by the municipal boundary limits as of the

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date of this notice.

2 When a planning area is shown, the area of concern includes the entire planning area unless the area is

further defined (e.g., by township, range, and/or section).

IV. Significance of Today's Action

By November 15, 1991, States must adopt and submit to EPA a SIP for all those areas that were classified as

moderate PM-10 nonattainment areas by operation of law upon enactment of the 1990 Clean Air Act Amendments [see

Subpart 4 of Part D of Title I of the Clean Air Act as amended (section 189)]. All of the areas listed above must submit

a SIP meeting the general requirements for nonattainment areas identified in section 172 of the amended Act and the

requirements specific to PM-10 in Subpart 4 of Part D. In particular, section 189(a) of the amended Act requires that all

of the initial moderate PM-10 nonattainment areas submit a SIP by November 15, 1991 which includes the following:

1. Either a demonstration (including air quality modeling) that the plan will provide for attainment by December

31, 1994 or a demonstration that attainment by that date is impracticable.

2. Provisions to assure that reasonably available control measures (including reasonably available control

technology) for the control of PM-10 are implemented by December 10, 1993.

In addition, a new source permit program meeting the requirements of Part D of the Act is required for the

construction and operation of new and modified major stationary sources of PM-10 (including, in some cases, PM-10

precursors). A SIP revision meeting this requirement is due by June 30, 1992 for all of the initial moderate PM-10

nonattainment areas. The EPA will provide additional guidance on SIP requirements for these areas in the near future.

Also note that EPA must take final action by the end of 1991 with respect to which of these initial PM-10

nonattainment areas should be reclassified from moderate to serious because they cannot practicably attain the PM-10

air quality standards by December 31, 1994 [see section 188(b)(1) of the amended Act]. If reclassified as serious, these

areas will be subject to additional control requirements and a new attainment date. Since EPA must propose these

reclassifications by June 30, 1991, EPA will work with the States before that date in order to develop a proposed list of

moderate areas to be reclassified as serious.

V. Authority

Sections 107(d)(4), 110, 188(a), and 301 of the amended Clean Air Act provide authority for today's action.

Dated: March 7, 1991.

Michael Shapiro,

Acting Assistant Administrator for Air and Radiation.

[FR Doc. 91-5987 Filed 3-14-91; 8:45 am]

BILLING CODE 6560-50-M

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