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Citation: 52 Fed. Reg. 24716 1987

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### 24716 Federal Register / Vol. 52, No. 126 / Wednesday, July 1, 1987 / Proposed Rules

ENVIRONMENTAL PROTECTION
AGENCY 40 CFR Parts 50 and 52 [AD-FRL-314-9(d)] AirPrograms; Particulate Matter (PMo) Fugitive Dust Policy
AGENCY: 

### Environmental Protection Agency (EPA). ACTION: Proposed policy statement.

SUMMARY: Since 1977, EPAhas allowed States with rural fugitive dust areas (RFDA's) to discount fugitive dust in developing and enforcing a State implementation plan (SIP) for attainment and maintenance ofthe national ambient air quality standards (NAAQS) forparticulate matter (PM). Elsewhere in the Federal Register today, EPA is announcing final decisions concerning the indicator and levels of the NAAQS forPM and the requirements for implementing those

new standards. By this notice, EPA is soliciting comments on alternative SIP requirements for RFDA's and on the adequacy ofthe definitions which are used inidentifying RFDA's.The EPA will continue its existing fugitive dust policy and apply it to implementation of the revised PM standard until ithas received and reviewed comments on these proposed alternative SIP requirements and has adopted a final policy. DATES: All comments must be submitted

on orbefore July 31, 1987. ADDRESSES: Comments 

### on these alternative fugitive dust policies should be submitted (in triplicate ifpossible) to the Central Docket Section (LE-132), U.S. Environmental Protection Agency, Attention: Docket Number A-87-01, 401 M Street, SW., Washington, DC 20460. The Docket is located in Room 4, South Conference Center and is available for public inspection between 8:00 a.m., and 3:00 p.m. on weekdays. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Kenneth Woodward, Standards Implementation Branch (MD-15), U.S. Environmental Protection Agency, Research Triangle Park,North Carolina 27711. Telephone: (919) 541-5351 (FTS 629-5351).
SUPPLEMENTARY INFORMATION: I.Background A. CleanAirRequirements Section 110(a)(1) ofthe Clean Air Act (Act) requires that each State adopt, within 9 months afterpromulgation or revision ofa primary NAAQS, a SIP that provides for implementation, maintenance, and enforcement ofthe NAAQS at all locations within 3 years ofapproval of the plan by EPA. The Administrator may grant a 2-year extension to the attainment date under conditions given in section 110(e) of the Act. Because some areas may be heavily impacted by fugitive dust which can be difficult to control, EPAissued a fugitive dust policy in 1977 applicable to nonattainment areas for total suspended particulate (TSP).

B.HistoryoftheFugitiveDustPolicy

Fugitive dust was identified as a significant contributor to ambient concentrations ofTSP in 1976. However, there was little experience in controlling fugitive dust sources such as agricultural activities, unpaved roads, and wind erosion. In rural areas especially, four factors mitigated EPA's desire to reduce fugitive emissions: (1)ThePM was native soil which was believed tobe less ofa health hazard than urban particles, (2) the population affected was small, (3) the economic base to support control was small, and (4) the aggregate cost ofcontrolling miles ofunpaved roads and acres ofopen land couldbe unreasonable. For these reasons, EPA issued guidance on implementation of its SIP development and new source review policies in areas impacted by fugitive dust (Tuerk, 1977). The guidance (known as the fugitive dust policy) concluded that fugitive dust caused greater environmental impact in urban

areas than in rural areas. The basis for this conclusion was the beliefthat although fugitive dust is typically native soil,in urban areas it is contaminated to

a measurable degree by "a combination ofindustrial pollutants from a variety of

sources making it potentially more harmful." Also, the fugitive dust problem

was considered "more pronounced within urbanized areas and thus more conducive to development ofan implementable control program." On this basis, EPA's policy for development of control strategies for fugitive dust emissions ofTSPwas that "urban areas should receive the highest priority for development ofa comprehensive and reasonable program to control fugitive dust." Control programs in rural areas
were to "center on the control oflarge existing manmade fugitive dust sources (i.e., tailing piles, mining operations, etc.) which in themselves are presently causing violations ofthe NAAQS or are

sources ofa known toxic or hazardous material (e.g., asbestos)."

Another aspect ofthe fugitive dust policy was that "new sources that wish to construct inrural fugitive dust areas should be allowed to do so without the need ofan emission offset, as long as they comply with the applicable emission regulation and the impact of 

### theiremissions plus the emissions from other stationary sources inthe vicinity of the proposed location, along with normal background, is not projected to

cause violations ofthe NAAQS."

The following criteria were used in defining a rural area under the fugitive dust policy: "(1) the lack ofmajor industrial development or absence of significant industrial particulate emissions, and (2) low urbanized population (i.e., eastern states <100,000-200,000 or western states <25,000-50,000)."

The EPA feltjustified in focusing efforts to control fugitive dust in urban

areas not only because it was considered potentially more harmful, but also because (1)the population at risk

was larger, and (2) resources to implement a control program (control agency manpower and control costs) could be spread over a broad base of support.

The EPA's guidance on State designation ofattainment status under section 107 ofthe Act was issued by the Assistant Administrator for Air and Waste Management on October 7, 1977 (Hawkins, 1977). This guidance stated that an "area should be designated attainment when aTSP violation can be clearly attributed to rural fugitive dust (as defined in the EPA fugitive dust policy paper)."

These two guidance memorandums (Tuerk, 1977 and Hawkins, 1977) constitute what has become known as EPA's Rural Fugitive Dust Policy. Under this policy, 144 counties orportions of counties identified as RFDA's were eventually designated attainment for TSP.

C.Proposed RevisionoftheNAA QSfor Particulate Matter

The EPA, on March 20, 1984 (49 FR 10408), proposed several revisions to the PM standards. One of the most significant proposals was to replace TSP

as the indicator for PM with a new indicator that includes only particles with an aerodynamic diameter less than

or equal to a nominal 10 micrometers (PMlo). The notice offinal rulemaking on the revisions to40 CFR Part 50 in today's Federal Register announces EPA's final decisions on the proposed revisions and the basis for the selection ofPMo as the new indicator for both the primary and secondary NAAQS.

The EPA proposed revisions to its regulations governing SIP's on April 2, 1985 (50 FR 13130), to account for the proposed changes in the NAAQS for PM. At that time, EPAproposed to continue its existing fugitive dust policy

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and solicitedcomments on thatcourse ofaction.
D. CommentsonProposal to Continue ExistingPolicy

Several State agencies and environmental organizations favored narrowing ordiscontinuing the current policy.Comments were received from severalindustrial groups favoring continuation orexpansion ofthe current fugitive dust policy.A summary ofthe comments and EPA's response follows.

Commentsopposingcontinuationof theexisting policy.Several commenters stated that EPA should discontinue use ofthe rural fugitive dustpolicy forPMo until it has been subjected to full public review. Itwas alleged that control of PMo must be based on the health impacts and not on economic consequences. Itwas argued that fine particles, fertilizers, pesticides, and herbicides in fugitive dust from agricultural processes and other processes that disturb the land may have as great an impact on rural communities as other sources do on urban communities.

Several commenters stated thatEPA should narrow the scope ofits policy because theybelieve over 50 percent of fugitive dust maybe PM0 

### which can travel long distances and impact a larger population thanjustthose in the rural

area oforigin. They alleged rural fugitive dust may also include fungal spores which cause diseases such as Valley Fever. Therefore, the commenters felt sources offugitive dustneed to be controlled whenever it is technically and economically possible.

EPA responseto comments.The EPA has chosennot to discontinue the existing fugitive dust policy while it is soliciting comments on alternative policies. To do so before a decision on a final policy is made could cause limited State resources to beprematurely directed away from addressing higher priority urban area problems. However, EPA recognizes that some ofthereasons for the existing policy may not apply to PM~o and consequently is seeking further comment on alternative policies.

Comments favoringcontinuingor expandingtheexisting policy.Several commenters (primarily representing mining interests) stated that EPA should continue itsrural fugitive dustpolicy as proposed or expand it to include areas where industrial sources contribute only

a minor portion oftotalPMo emissions. The commenters alleged that fugitive dust frommines is essentially the same as, and poses no greater health risk than, naturally occurring uncontaminated dust.They feltthat the current policy recognizes that large particles (which predominate in rural fugitive dust) are of little concern to human health, control offugitive dust is difficult, and the cost ofcontrol on a broad scale wouldbe staggering.

EPA responseto comments. The EPA's 1977 fugitive dust policy stated that a rural area would be identified by

a lack ofmajor industrial development

or absence ofsignificant industrial PM emissions and low urbanized population. The highest priority was to be given to developing control programs forfugitive dust in urban areas. Priority

was also to be given to control oflarge manmade fugitive dust sources in rural

areas that in themselves caused violations of the TSPNAAQS or were
sources ofknown toxic or hazardous material.

Thus, the fugitive dust policy never defined a rural area as completely absent ofindustrial development. Also,

one ofthebases for the policy was that control offugitive dust was difficult and the cost could be large, especially for a rural economy.

Fugitive dust includes PMo in varying amounts. Since EPA has now concluded that long-term exposure to high concentrations ofPMo constitutes a health risk and has concluded that, at present, fugitive dust or other specific components ofPMo cannot be safely excluded from the primary standard, EPA must carefully consider application ofthe existing fugitive dust policy in rural areas. The options being considered by EPA range from continuing the existing policy to requiring attainment ofthe PMo NAAQS with 3years.

E.PossibleRuralFugitiveDust Areas forPMo

The number ofcounties likely to be considered RFDA's for PM 1 under the existing policy are categorized in Table 1 by probabilities ofviolating PM 1o NAAQS of50 micrograms per cubic
meter (jtg/mn), annual arithmetic mean, and 150 ({tug/ms

,24-hour average, together with the population ofthe counties. The probabilities are based on 1983-1985 TSP air quality data and calculated using EPA's probability guideline Iand a national distribution of PMo to TSPratios (EPA 1986]. The TSP has been monitored in many ofthese

areas for several years, whereas PMo is
not yet monitored in many RFDA's.

Table 1indicates that 14RFDA's with a'total population of about 1.3 million have a 95 percent or greater probability ofviolating a 24-hour PM1oNAAQS of 150 tkg/m. Two ofthose same RFDA's have 95 percent orgreater probability of violating an annual PMo NAAQS of50 j~g/m .About 35 RFDA's with a total population ofabout 1.1 million have between 20 and 95percent probability of violating the 24-hour NAAQS. Twelve of these 35 RFDA's have greater than 20 percent probability ofviolating the annual NAAQS.

TABLE 1. ESTIMATED NUMBER OF PMo RFDA's AND THEIR POPULATION FOR VARIOUS PROBABILITIES OF VIOLATING THE ANNUAL OR 24-HOUR PMlo NAAQS

50 ug/Wm Popula- 150pg/ Popula-

annual tion at m324- tion at Probability ofviolating standards arithmetic risk hour risk

mean (1000's) average (1000's)

> 0.95

......................................................................... 2 110 114 1,293 >0.20, <0.95

............................................................ 22 1,219 235 1,131
Totals

................................................................ 24 1,329 s49 2,424
Of the 14 RFDA's with 95 percent or greater probability of violating the 24-hour NAAOS, 2 have 95 percent or greater, 10 have from 20 to 95 percent, and 2 have less than 20 percent probability of violating the annual NAAQS. Thus, this number includes 12 RFDA's from column 2. 2Of the 35 RFDA's with 20 to 95 percent probability of violating the 24-hour NAAQS, 12 have from 20 to 95 percent and 23 have less than 20 percent probability of violating the annual NAAOS. Thus, this number includes 12 RFDA's from column 2.

3Includes all 24 areas which have greater than 20 percent probability of violating the annual NAAQS.

II.Definition of RuralFugitive Dust Areas

The 1977 policy defined an RFDA as having a:

The "probability guideline," an EPA report entitled "Procedures for Estimating Probability of Nonattainment ofaPMo NAAQS Using Total 

### (1)Lack ofmajor industrial development or absence ofsignificant industrial particulate emissions, and

Suspended Particulate or PMo Data," was prepared to facilitate classifying areas in the absence of adequate PMo air quality data. 

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(2) Low 

### urbanized population (i.e.,
eastern states <100,000-200,000 or 

### western states <25,000-50,000). The terms "lack ofmajor industrial development". and "absence of significant industrial particulate emissions" were not defined in the 1977 policy. In the past,potential RFDA's have been evaluated for compliance with these terms on a case-by-case basis. The Administrator seeks comment

on whether the terms shouldbe specifically defined and, isso, how they shouldbe defined. In addition, a multitude ofsmall nonfugitive dust sources (i.e., wood stoves) could also significantly impact small communities. Therefore, the Administrator seeks comment on the need to define and include in the definition ofan RFDA the term "lack of significant, nonfugitive dust, area source emissions." In thepast, the 1977 definition of low urbanized population has been applied to the totalpopulation ofthe RFDA without respect to the size ofthe area involved. The RFDA's forTSPgenerally conformed to countyboundaries which often included very large areas in western States. Since the sizes of the RFDA's varied greatly, the total population ofthe area was not indicative ofthe population density. Air monitoring sites inRFDA's are generally located in smalltowns which are often the only population centerin the RFDA. Therefore, the most dense population is often within a few kilometers ofthe monitoring site.TheAdministrator seeks comments on whether the 1977 definition oflow urbanized population forrural areas in adequate for implementing any fugitive dust policy adopted by EPA, orwhether EPA should define low urbanized population based uponthe population density ofan area inproximity to a monitor.
Ill. Alternative Fugitive Dust Policies
TheEPAbelieves that itmay be appropriate to continue togive a lower priority to full SIP development in rural fugitive dust areas. APMo fugitive dust policy may be desirable given the potentially high cost ofcontrolling rural fugitive dust in relation to the low populations at risk in such areas. Further, it may be more productive to require prompt attainment ofthe annual PM1

### oNAAQS in rural areas while giving

a lower priority to the 24-hour PMo NAAQS.The Administrator wishes to gather more technical information from the public in order to evaluate the relative importance ofpromptly attaining annual versus 24-hourPMo standards in RFDR's and thecosts of attaining each standard. The EPA is soliciting public comment on these issues to provide a basis for determining ifthe existing fugitive dust policy should be revised. IfEPA concludes that the fugitive dust policy should be changed for PMo, it will adopt a policy appropriate to meet the concerns identified. The EPA is currently considering three alternatives to the existing fugitive dust policy, which are discussed below. They range from requiring attainment ofboth the 24-hour and annual PM1oNAAQS within 3years [or 5years with a section 110(e) extension] to requiring attainment ofonly the annual standard over an extended period oftime. The notice offinal rulemaking revising 40 CFR Parts 51 and 52, published elsewhere in today's Federal Register,
sets forth EPA's policies for implementing the PMo NAAQS. The notice explains that air quality areas are being divided into three groups. Group I

areas will be those with a high probability ofnot attaining the PMo NAAQS, Group II areas will be those where existing air quality data are not sufficient to determine ifthey are attainment, and Group IllI areas will be those with a high probability of attaining the NAAQS without revisions
to their existing control strategy.

A. AlternativeI
The first alternative fugitive dust policy is the most stringent. The RFDA's with greater than 95 percent probability of violating the annual PMo NAAQS would be required tomeet Group I SIP requirements as explained in the notice offinal rulemaking ofParts 51 and 52. Table 1 indicates that two RFDA's wouldbe put into Group I under the alternative.The SIPmust demonstrate attainment ofthe annual NAAQS within 3years. The RFDA's with greater than 20 percent but less than 95 percent probability of violating the annual PM1oNAAQS, or greater than 20 percent probability of violating the 24-hour NAAQS, would be required to meet Group II SIP requirements. Table I indicates that 47 RFDA's 2 would be put into group It. Major new sources and major modifications would be required to meet the same provisions for PMlo offsets under the PSD program as those in other

areas not attaining the NAAQS and lacking an approved PM1oplan, i.e., emission offsets sufficient to provide a

2 This figure is derived from the 49 RFDA's with greater, than 20percent probability of violating the 24-hour NAAQS minus the 2 RFDA's which have a probabiity of 95 percent orgreaterof violating the annual NAAQS, and thusare categorized as Group 1 areas. net air quality benefit. Consequently, a

source might have to find reductions from nonindustrial sources, such as unpaved roads.

B.AlternativeII
The second alternative policy would be
to require RFDA's with greater than 20 percent probability ofviolating either the annual or 24-hour NAAQS to meet the Group I1SIP requirements. If attainment ofthe annual or24-hour NAAQS cannot be demonstrated within 5years [including a 2-year extension under section 110(e)], all reasonable control measures mustbe taken toward attainment. Rationale would be required

as towhy enactment of certain

measures would be unreasonable and States would be required to show sustained progress toward attainment of both the annual and 24-hour NAAQS in RFDA's. The EPA solicits comments on this approach ofallowing States to submit SIP's showing sustained progress toward attainment but not demonstrating attainment by any set attainment date. Specifically, EPA solicits comment on potential legal constraints on such an approach in light of the apparent statutory requirements for attainment by fixed dates [Cf.51 FR 34428, 34434 (September 26, 1986) ("reasonable extra efforts program" proposed for California ozone nonattainmetn area)]. Major new sources and major modifications would be required to offset emissions under this alternative also.Table 1indicatesr that 49 RFDA's would be put into Group II under this alternative.

C.AlternativeIII
The third alternative policy would be to require RFDA's with greater than 20 percent probability ofviolating the annual PM1oNAAQS only to meet Group I1SIPrequirements. Table 1 indicates there are about 24 such RFDA's.

As in Alternative II, ifa control strategy is required but attainment
cannot be demonstrated, all reasonable control measures mustbe taken toward attainment. Rationale would be required

as to why enactment ofcertain

measures would be unreasonable and States would be required to show sustained progress toward attainment of the annual PMo NAAQS. Preparation of SIP's for RFDA's experiencing violations ofthe 24-hour NAAQS will be second priority.

As with the 1977 policy, major new

sources and major modifications would
not be required to offset emissions. They would be required to demonstrate that 

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the impact oftheir emissions plus the emissions ofother stationary sources in the vicinity plus normal background would not cause violations ofthe PMo NAAQS.

D. Continuing the ExistingPolicy
Under the 1977policy, all RFDA's including those exceeding the 24-hour or annual PM1oNAAQS would be put into GroupIII and would not be required to develop a control strategy to attain the NAAQS. Major new and modified

sources would not be required to offset emissions, but would have to demonstrate that the impact oftheir emissions plus the emissions ofother stationary sources in the vicinity plus normal background would not cause violations ofthe PMo NAAQS.

IV. Analysis of Five RFDA's

The EPA, in cooperation with the States concerned, examined the impact ofthe existing fugitive dust policy and the three alternatives on five areas designated RFDA's for TSP.The five RFDA's were selected as representative ofareas impacted by a variety of fugitive dust sources. (Characteristics of the five RFDA's are contained in study reports referenced at the end of this notice and are available inDocket Number A-87-01). The study areas generally have the following characteristics typical ofRFDA's:

1.Thepopulation is small with generally less than 25,000 persons within 20 km ofthe monitoring site;

Z.A large portion ofthe land area is natural orused for agriculture (e.g., growing crops orgrazing);

3. Emissions from industrial sources
are a small portion of the total inventory forthe area; and

4. A significant portion ofemissions in the area are fromunpaved roads, agricultural activities, or wind erosion.

Three ofthe five study areas have high probabilities ofviolating a 24-hour PMo NAAQS of 150 pg/m3 based on 1983-1985 TSP data.The probabilities of violating an annual PMo NAAQS of50 pg/m3 vary from as low as 5percent up to 70percent. These studies were conducted over an 8-week period; therefore, the quantity ofemissions from each source category and the impacts of the various source categories on the population could not be determined precisely. A description ofeach RFDA and the characteristics of the PM monitoring sites are presented along with a discussion ofPM sources in the

area and possible control strategies. The

area selected are Umatilla County, Oregon, and Sherman County, Kansas, both dry land agricultural areas; San Miguel County, Colorado, a ski resort 

### area with unpaved roads and a mine tailings pile; Grant County, NewMexico,

an arid region withrangeland, copper mines, and smelting operations; and the Southeast Desert AirBasin (SEDAB] in California, a large desert area that encompasses 63 communities. Tables 2 through 6present detailed characteristics of the study areas such

as population, urban centers, landuse, climate, location ofPM monitors, significant sources ofPMo and the reduction in emissions necessary to attain thePMo NAAQS.

Umatilla County,Oregon was selected because it Was an RFDA forTSP. Itis a rural agricultural area with a very fine soil (>50 percent silt]. Windblown dust is aproblem but the areais also impacted by smoke from wood stoves and field burning.

Sherman County, Kansas was selected because itis a typical PlainsState agricultural areaAnnual TSP values equaled or exceeded the former primary TSPNAAQS (75 gg/m s

### )in 1979, 1981, 1982 and 1984.The former 24- 

### hourTSP NAAQS has notbeen exceeded since 1979. TheTSP concentrations have decreased in the last 10 years possibly because the acres ofirrigated cropland near the air quality monitorhave greatly increased.The

area is not impacted significantly by smoke and is projected to attain the PM, NAAQS.



### San Miguel County, Colorado, was selected because itis a recreational area rather than an agricultural area. The

area has a very smallpermanent population, but it is a ski area inwinter andhosts a bluegrass festival (7000 people) in the summer.It is impacted by PMo from an old mine tailings pile, unpaved roads, and campfires during the summer months.During thewinter, smoke from wood stoves is a problem.

Grant County, New Mexico, was selected because it is an arid agricultural area with some openpit mines and a copper smelter. The land is used forgrazing cattle; verylittle is used togrow crops. The area is impacted by fugitive dustfromunpaved roads and tailings piles.

The SEDAB in California was selected because it is a large, sparsely populated desert area.The EPA estimates that

over 80 percent ofPM 10 

### emissions in the
area may be due to windblown dust from agricultural fields and disturbed desert areas. Table 2.-Umatilla County, Oregon County Population (1980): 59,000 Urban areas and population: Pendleton 14,500 in 1985 Land Use:

2,068,000 acres total 66 percent used for grazing and crops 58,000 acres are irrigated Climate:

Mild and dry Average annual rainfall 13 inches Average wind speed 9 mph Particulate matter monitoring site:

location:

Roof ofState Office Building in Pendleton PM1o/TSP ratio: 0.3-0.5/1 Probability of not attaining: annual

NAAQS-0.31 24-hour NAAQS--0.32 Significant sources ofPM1 o

Source category Tons per year

Point

............................................................................... 140 Area:

Wood stoves

............................................................. 260 Motor vehicles

............................ 3 Paved roads

.............................. . 88 Unpaved roads

......................................................... 200 Field burning

............................................................. 6,700 Agricultural lilling

...................................................... 3,200

Total

....................................................................... 10,600

Estimate ofrequired emission reduction:

A 21 percent reduction in emission may be required to attain the 24-hour NAAQS. Thisreduction may occur through the implementation of recently approved regulations for wood stoves and open burning permits.
Table 3.-Sherman County, Kansas County Population (1980): 7,800 Urban Areas and population (1980): Goodland 5,700 Land Use:

675,000 acres total 120,000 acres irrigated crop land Most ofremaining land is used for

growing dry land crops (e.g. wheat and alfalfa). There are very few trees in the county. Climate:

Semi arid Average annual rainfall 17 inches Moderate to strong surface wind

speeds Particulate matter monitoring site:

Location: roof ofGoodland fire station PMio/TSP ration: 0.4/1 Probability ofnot attaining:

Annual NAAQS-0.05 24-hour NAAQS-0.15 Significant sources ofPM1o:

Agricultural tilling Wind erosion from cleared areas such

as fields, unpaved parking areas and lots, and cattle feed lots. Estimate ofrequired emission reduction:

Reductions may not be required; the

area is likely to attain both NAAQS. 

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Table4.-San Miguel County, Colorado County Population!(1980): 3;000 Urban areas and population (1980): Telluride 1,200 LandUse:

Box canyon surrounded on three sides

by mountains Area is used 'forrecreational purposes

in winter (skiing) and summer (bluegrass festival) Climate:

Average annual precipitation 16-20 inches Strong inversion layers -frequentlytrap

pollutants in the canyon between 7:00p.m. and 11:00 a.m. Particulate matter monitoring sites:

Location: Roofof two story building in Telluride. Two sites in the canyon but outside oftown Probability ofnot attaining:

AnnualNAAQS-0.28 24-hourNAAQS--0.90 Significant sources ofPMo:

Summer: Old mine tailings pile,

unpaved 'roads, and campfires. Winter: Wood stoves Estimate ofrequired emission reduction:

A 28-percent reduction may be required to'attainthe .24-hourNAAQS.
Table 5.--Grant County, New Mexico CountyPopulation (1980) 26,200 Urban areas-andpopulation (1980):

Silver City-9,900 Bayard-3,000 Land use:

2,540,000 acres total 1,445,000 acres rangeland 350,000 acres woodland 9,600 acres cropland Climate:

Semiarid to arid Average annual rainfall 8inches in

plains, 20 inches in mountains Average wind speed in spring (MarchJune) 9 mph with:gusts to 36 mph Particulate mattermonitoring site: monitors are located inthree cities.

Probability-of not attainingLocation Site Annuat 24- (per- :hour cent)
Hurley

............. Roof of public building

............ 0.732 0.46 Silver City Roof of public safety build- .18 :'35 ing. Bayard

............ Platform In parking area

.......... .69 .81

PM~o/TSP ratio is about 0.3/1 basedon PMo data for April-June, 1986 Significant sources ofPMo: 'Sourcecategory Tons per year

Point

.............................................................................. 230 Area:

Wood stoves

............................................................ .250 M

otor vehicles

......................................................... 840 Unpaved roads

........................................................ 23,000

Total

................. 24,320

Estimate ofrequired reduction: Based on

ambient TSPvalues, it is not clear what emission reduction may be necessary to attain the NAAQS at Bayard.
Table 6.-Southeast Desert AirBasin, California Population

The RFDA in SEDAB consists of portions of three counties in California-Imperial Riverside, and San Bernardino.'The total population ofthe

area in 1980 was 590,000. There are 63 communities in the area andmost are smaller than 25,000 persons.'Two larger communities areLancaster with 48,000 and Palm Springs with 85,000. Land use:

21.5 million acres total 32 million acres areirrigated for

growing crops 17.8 million acres are covered only

with desert vegetation Climate:

Annual rainfall 2to 5 inches Monthly mean windspeed is about 7

to 10 mph Peak windspeeds 60 to 80 mph Particulate matter monitoring sites:

Probability not attaining NAAQS Site Annual (per. 24-hour cent)

Imperial County:

Brawley

.................................................... 0.63 0:61 ElCentre

....................................... .30 .67 Riverside County:

Banning

.............. .05 .45 Indio

....................................................... :55 .97 San Bernardino County:

Barstow

................................................. .70 .99 Victorville

................................................. .09 .22

Significant sources ofPMo:

Imperial River- San side Bemar- Source category County County dino PM.y tons/yr tons/yr PM,. PM,.

Industrial sources
.................. 420 60 2,300 Motor vehicles

......................... 640 1,360 1,300 Tilling

......................................... 7,410 3,500 170 Feed lots

................................... 12,700 90 0 Paved roads........................ 2.600 5,100 1,900 Unpaved roads

........................ 3,180 7,700 1,800 Wind Erosion:

Agricultural

........................... 59400 31,100 4,100 Desert

.................................... 92,000 96.500 74,500 Miscellaneous

.......................... 650 3,100 1,430

Total

.................................. 179,000 148,500 88,500 Estimate ofrequired emission reductionThe following -emissionreductions maybe required for each planning

area: Imperial County-21 percent Riverside .County-22percent San Bernardino County-38percent
V. Effect ofAlternative Policies on Study Areas

A summary ofthe PMto nonattainment probabilities and possible nontraditional control measures available for the five study areas is presented in Table 7.The effect ofthe alternative rural fugitive dust policies on the ability ofeach study

area to attain the PM 8 NAAQS is presented in Table 8.

The main sources of PMo in Sherman County, Kansas, are agricultural fields. Ambient PMlevels appear to be decreasing as the areas ofirrigated farmland near Goodland have increased. Theprobabilities ofattaining the annual and 24-hourPMo NAAQS

are 95 and 85 percent respectively. Therefore, Sherman County will be put into Group III and will not be affected by the alternate policies.

Nearly 70 percent ofPMo emissions in Umatilla County, Oregon, are estimated
to come fromwood stoves and field burning. The State ofOregon has adopted regulations which require permits for openburning and certification ofnewwood stoves. The EPA anticipates thatimplementation of these regulations will bring about attainment and maintenance ofthe annual and 24-hourPMo NAAQS in Umatilla County within 5 years; therefore, this area should attain under all the alternative policies.

A.AlternativeI

Under policy Alternative 1,RFDA's with 95 percent or greater probability of violating an annual NAAQS of50 lg/m3 would be put intoGroup I. Other areas with 20 percent or greater probability of violating the annual NAAQS or a 24- hour NAAQS of 150plg/m 3 would be put into Group I. Therefore, all ofthe RFDA's studied would be put into Group II and be required to attain both NAAQS within .3 to.5 years except for Sherman County.Although Umatilla County, Oregon, will be placed in Group II, no additional control measure should be necessary for 'thearea to attain the PM10 NAAQS.

The possibility ofattaining the annual NAAQS in San Miguel County appears good. However, the possibility of attaining the '24-hourNAAQS within 3 to 5 years is poor.The EPA estimates that emissions must be reduced 28 percent. There are fugitive dustemissions from 

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unpaved roads and an old mine tailings pile. However, PMo concentrations above 150jg/m3 are measured in the winter when snow cover should reduce dust significantly. The State has already identified emissions from wood stoves and campfires, especially during atmospheric inversions, as significantly impacting air quality. Therefore,

measures are being taken to limit emissions from these sources.

The possibility ofattaining the annual NAAQS in Grant County is good at Silver City andHurley. Itis poor at Bayard, however. Fugitive dust from unpaved streets in Bayard and the unpaved lots around the monitoring site

are believed to impact the area significantly. The possibility ofattaining the 24-hourNAAQS within 3to 5years is poor at all three sites. Themost significant sources impacting the county

are unpaved roads and motor vehicles. There are also emissions from open pit mines, tailings piles, and a copper smelter. More than 5 years would probably be required to control these

sources.

The possibility ofattaining the annual NAAQS within 5years is poor in each of the three planning areas of the SEDAB. The possibility ofattaining the 24-hour NAAQS is very poor.The EPA estimates that 50 to80 percent ofdaily emissions in each area could be from disturbed desert lands.

B.AlternativeII

Under Alternative II,RFDA's with 20 percent orgreater probability of violating either the annual or the 24-hour NAAQS would be put into Group II.All reasonable control measures would be required in an effort to attain both the 

### annual and 24-hour NAAQS over an extended period oftime, ifnecessary.

As discussed above, Sherman County, Kansas, would be placed in Group III, and Umatilla County, Oregon, is expected to attain the PMo NAAQS in 5 years without the application of additional control measures.

In San Miguel County, the possibilities of attaining the annual and 24-hour NAAQS over an extended period are good. About a 28 percent reduction of emissions may be required to attain 24- hour NAAQS. The State is taking steps to limit emissions fromwood stoves; however it may take more than 5 years to achieve the necessary reductions from these actions. Unpaved roads could be stabilized during the summer months ifnecessary.

In Grant County, the possibility of attaining the annual NAAQS at Hurley and Silver Cityis good and is fair at Bayard over an extended period. The possibility ofattaining the 24-hour NAAQS over extended time ispoor because ofthe miles ofunpaved roads that mustbe stabilized with the expense borne by the State and local governments.

Thepossibility ofattaining the annual NAAQS in the SEDAB over extended time is fair.Attainment depends on reducing windblown dust from agricultural fields, disturbed desert lands, and perhaps controlling some traditional sources in the towns. The possibility ofattaining the 24-hour NAAQS is poor because of the large open areas and aridconditions.
C.AlternativeIII

Under Alternative III, RFDA's with 20 percent or greater probability of 

### violating the annual NAAQS would be put into Group II. All reasonable control

measures would be required in an effort to attain the annual NAAQS over an extended period of time.

As discussed above, Sherman County would be placed intoGroup III and Umatilla Countywould be placed in Group II,but it is expected to attain without the adoption ofadditional control measures. San Miguel County would be placed in Group II and has a goodpossibility ofattaining the annual NAAQS over extended time. The possibilities of attaining the annual NAAQS at the Silver City and Hurley sites in Grant County are good. Emissions fromunpaved areas willneed to bereduced to a greater extent in Bayard to attain the annual NAAQS, however.

In the SEDAB, the possibilityof attaining the annual NAAQS is only fair because of the large open areas and arid coriditions thatprevail.
D. ContinuingtheExistingPolicy

Under theexisting fugitive dustpolicy, RFDA's would be put into Group III and fugitive dust would notbe considered in determining whether the area was attained the PMo NAAQS. Sherman County and Umatilla County are expected to attain the PMo NAAQS without the adoption ofadditional control measures.However, it is not clear whether SanMiguel County could attain the NAAQS even iffugitive dust

was notconsidered since itis heavily impacted by smoke.Therefore, this area may no longer qualify as an RFDA.

TABLE 7.-SUMMARY OF NONATTAINMENT PROBABILITIES AND CONTROL MEASURES FOR STUDY AREAS

Probability

of not Percent attaining emission Possible control measures RFDA SIP category annual/24- reduction hour in required percent

Umatilla, OR Group II

....................... 31 32 21 Conservation tilling, better smoke management, certify new wood stoves, incentives to control existing stoves. Sherman, KS

........................... Group III

...................... 5 15 0 None required. San Miguel, CO

...................... Group II

....................... 28 90 28 Certify new wood stoves, limit number of wood burning units, stabilize tailings pile, stabilize unpaved roads in summer months. Grant, NM: Bayard

.............................. Group II

....................... 69 81 1N/A Stabilize unpaved streets In and near towns, control dust from Silver City

......................... Group II

..................... 18 35 N/A open pit mine, stabilize tailings pile atcopper smelters. Hurley

............................... Group II

....................... 32 46 N/A SEDAB,CA: Imperial

............................ Group II

....................... 63 67 21 Restrict the use of off-road vehicles in the desert, plant windRiverside

.......................... Group II

....................... 55 97 34 breaks to protect fields from wind erosion. San Bernardino

.............. Group II

....................... 70 99 38

'Not available. 

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The probability of not attaining the.24-hour NAAOS is 35 percent; thus, Silver City would be placed in Group 11 under Alternatives I and 11.

However, the probability of not attaining the annual NAAQSis only 18 percent; thus Silver City would be placed in Group III under Alternative Ill.

TABLE 8. SUMMARY OF THE ENVIRONMENTAL EFFECTS OF ALTERNATIVE POLICIES

RFDA Altemative 1 Alternative II Alternative III Existing Policy

Umatilla, OR.... Implementation of recently See Alternative1

............................ See Alternative I

............................ See Alternative I. adopted control measures will likely result in attainment of the PMo NAAQS in ;5 years

. Sherman, KS... Recent monitoring data indi-

......do

....................... ...... do

............................................. Do. cates this area is probably attaining both NAAQS and thus will not be affected by the policy. San Miguel, The annual NAAQS may be at- Control of existing wood stoves The annual NAAQS may be at- Uttle improvement in air

CO. tained within 5 years by or replacement with new tained with 5years. quality is expected, using a combination of stoves and limiting the total except as may result
measures. Control of existing number of wood burning from control of new wood stoves probably cannot units may allow attainment of wood stoves (see 52 FR be Implemented rapidly the 24-hour NAAQS over ex- 4994). enough to achieve attain- tended time. ment of the 24-hour NAAQS within 5 years. Grant, NM

....... The air quality would be im- Attainment of the annual Attainment of the annual Little improvement in air proved by stabilizing un- NAAQS may eventually be NAAQS may eventually be quality is expected. paved streets in the county achieved by expansion of a achieved by expansion of a and other control measures, program to stabilize unpaved program to stabilize unpaved However, the county may not roads. Additional control roads. be able to expand stabiliza- measures may lead to attaintion fast enough to attain the ment of the 24-hour NAAQS annual or 24-hour NAAQS at some time in the future. within 5 years. Sedab, CA

....... Air quality may be improved Restricting the use of off-road Restricting the use of off-road Do.
some by restricting the use vehicles and planting wind- vehicles and planting windof off-road vehicles in the breaks may reduce PMo breaks may reduce PM to desert. However, emission concentrations enough to concentrations enough to reductions probably would attain the annual NAAQS. attain the annual NAAOS. not be adequate to attain the Reduction of peak concenannual or 24-hour NAAQS trations below the 24-hour within 5 years. NAAQS is questionable.

'Includes possible 2-year extension under section 110(e).

VI. Conclusions

An overview ofthe study results shows that air quality inmost ofthe study areas is adversely affected by emissions from source categories other than those for which the rural fugitive dust policy was developed. This does not necessarily mean that these areas could not continue to be designated as RFDA's ifthe Administrator decides to adopt one ofthe alternatives described herein. It does mean, however, that emissions from such source categories should be targeted for control in the SIP.

As discussed above, Alternative I would require areas to be placed in GroupI, IL or III based upon their probability of violating the PMo standard. Initial analysis ofexisting RFDA's indicate that two areas would fall into Group I and 47 areas would fall in Group II. Areas inGroup Iand areas in Group II which monitor violations of the PMo standard will berequired 'to demonstrate attainment ofboth the 

### annual and 24-hourNAAQS within 3
years ofthe date the SIP is approved. (A 2-year extension is always available under section 110(e) ifthe State can make the proper showings regarding the adequacy ofcontroltechnology.) This

means States must adopt some combination ofpossible control

measures (e.g., those listed inTable 7: conservation tilling, better smoke management, certification ofwood stoves, stabilizing unpaved roads, controlling dust from open pit mines, stabilizing tailing piles,restricting use of off-road vehicles, and planting windbreaks to protect fields from erosion). However, Group I areas or any ofthe Group IIareas which monitor violations ofthe PMo standards may still have agreat deal of difficulty demonstrating attainment within the 3to 5 yeartime frame. Since this alternative could require use ofall the control

measures listed above, it should bring about attainment ofthe NAAQS quicker 

### than the other alternatives even if compliance extends beyond 5years.

SinceAlternative IIwould not require any area to be immediately placed in Group I,all RFDA'swith greater than 20 percent probability ofviolating either the 24-hour orannual PMo would be required to conduct additional monitoring. Ifviolations ofthe NAAQS

are monitored, then the State would be required to develop attainmentplans. The State must consider essentially the

same controls as would be called for underAlternative I.Ifthe State cannot demonstrate that the standards will be attained within 5years, [including the section 110(e) 2-year extension] thenthe State must adopt all reasonably available control measures and show why othermeasures would be unreasonable. In addition, the State must show sustained progress toward attainment. Itis anticipated that the town ofBayard in Grant County and the SEDAB will have a fair chance of 247=

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attaining the annual NAAQS by applying controls only over an extended period oftime. Attainment ofthe 24-hour standard will continue to pose a problem except for Umatilla County and Sherman County where it is anticipated that implementation ofexisting control

measures will result inattainment within the 5 years.

Since Alternative Il requires grouping and initial attainment plan development based only on the annual average PM 0 concentrations, fewer areas would be in Group IIand fewer areas wouldbe required to develop attainment plans in the near future. Ifattainment plans are necessary, States would be required to adoptreasonable control measures to attain the annual NAAQS only. These control measures are essentially the

same as those required under

- Alternative II to attain the annual NAAQS. While implementation ofthese control measures may also provide a
measure ofprogress toward attainment ofthe 24-hourNAAQS by reducing peak concentrations. Alternative III does not require controls specific for attainment and maintenance ofthe short-term standard.

Continuation ofthe existing policy will give lower priority to attaining the NAAQS in rural rather than in urban
areas, thus the annual and 24-hour standards may not attained. This policy would save resources otherwise expended toward the difficult problems of controlling fugitive sources. This would allow the resources not expended in rural areas to be expended to improve air quality inurban areas.
VII. Public Comments

The Administrator seeks comment on (1)the necessity for adopting some form of a rural fugitive dust policy; (2) technical support for such a policy, specifically information on the costs of controlling rural fugitive dust and the relative importance ofprotecting annual

versus 24-hour'NAAQS; (3)potential legal constraints on alternatives that contemplate SIP's providing for sustained progress toward attainment but not demonstrating attainment by a fixed date; (4) what should be the definition ofa rural fugitive dust area; and (5) the preferred policy of the three alternatives presented.

Until such time as the Administrator decides which course ofaction to follow, he will allow States, in effect, to continue implementing the fugitive dust policy by placing qualified RFDA's in Group III, as defined in the notice of final rulemaking revision 40 CFR Parts 51 and 52 published elsewhere in today's Federal Register.

Authority: Sections 110 and 301 ofthe Act givethe Administrator authority to adopt policies necessary to implement national ambient air quality standards.

Dated: June 2, 1987. LeeM. Thomas, Administrator.
References Hawkins, David G.(AssistantAdministrator

forAirand WasteManagement), Model Letter Regarding State Designation of Attainment Status. Memorandum-to Regional Administrators. October 7,1977. Tuerk,Edward F. (Acting Assistant

AdministratorforAir and Waste Management, Guidance on SIP Development and New Source Review in AreasImpacted byFugitive Dust. Memorandum to Regional Administrators. August 16. 1977. U.S. Environmental Protection Agency (EPA).

"Procedures for Estimating Probability of Nonattainment ofa'PMo NAAQS Using Total Suspended Particulate Matter orPMzo Data." Office ofAir Quality Planning and Standards,Research Triangle Park,North Carolina. EPA450/4-86-017, December 1986. EPA Region VI, "Rural Fugitive Dust Area

Study Grant County, New Mexico." Air Programs Branch,Dallas, Texas, September 1986. EPA Region VII, "Evaluation ofGoodland,

Kansas As a PMo Fugitive Dust Area." Air Branch, Kansas City,Kansas, September 1986. EPA Region VIII, "PM Rural Fugitive Dust

Study ofTelluride, Colorado." AirBranch, Denver, Colorado, September 1986. EPA Region IX,"Effects ofa PM0 Rural

Fugitive DustPolicyon California's Southeast'DesertAirBasin." Air Management Branch, SanFrancisco, California, November 1986. EPARegion X. "Rural Fugitive Dust Area

StudyPendleton, Oregon." AirPrograms Branch, Seattle,Washington, October 1986. [FR Doc. 87-13710 Filed 6-:30-87; 8:45 am]
BILUNG CODE,6580-50-M 

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