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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)]

Air Programs; Particulate Matter (PMo)

Fugitive Dust Policy

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed policy statement.

SUMMARY: Since 1977, EPA has 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 of the

national ambient air quality standards

(NAAQS) for particulate matter (PM).

Elsewhere in the Federal Register today,

EPA is announcing final decisions

concerning the indicator and levels of

the NAAQS for PM 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 of the definitions which are

used in identifying RFDA's. The EPA

will continue its existing fugitive dust

policy and apply it to implementation of

the revised PM standard until it has

received and reviewed comments on

these proposed alternative SIP

requirements and has adopted a final

policy.

DATES: All comments must be submitted

on or before July 31, 1987.

ADDRESSES: Comments on these

alternative fugitive dust policies should

be submitted (in triplicate if possible) 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. Clean Air Requirements

Section 110(a)(1) of the Clean Air Act

(Act) requires that each State adopt,

within 9 months after promulgation or

revision of a primary NAAQS, a SIP that

provides for implementation,

maintenance, and enforcement of the

NAAQS at all locations within 3 years

of approval 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, EPA issued a fugitive

dust policy in 1977 applicable to

nonattainment areas for total suspended

particulate (TSP).

B. History of the Fugitive Dust Policy

Fugitive dust was identified as a

significant contributor to ambient

concentrations of TSP 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) The PM was

native soil which was believed to be

less of a 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 of controlling miles of unpaved

roads and acres of open land could be

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 belief that

although fugitive dust is typically native

soil, in urban areas it is contaminated to

a measurable degree by "a combination

of industrial 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 of an

implementable control program." On

this basis, EPA's policy for development

of control strategies for fugitive dust

emissions of TSP was that "urban areas

should receive the highest priority for

development of a comprehensive and

reasonable program to control fugitive

dust." Control programs in rural areas

were to "center on the control of large

existing manmade fugitive dust sources

(i.e., tailing piles, mining operations,

etc.) which in themselves are presently

causing violations of the NAAQS or are

sources of a known toxic or hazardous

material (e.g., asbestos)."

Another aspect of the fugitive dust

policy was that "new sources that wish

to construct in rural fugitive dust areas

should be allowed to do so without the

need of an emission offset, as long as

they comply with the applicable

emission regulation and the impact of

their emissions plus the emissions from

other stationary sources in the vicinity

of the proposed location, along with

normal background, is not projected to

cause violations of the NAAQS."

The following criteria were used in

defining a rural area under the fugitive

dust policy: "(1) the lack of major

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 felt justified 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 of attainment status under

section 107 of the 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 a TSP 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 or portions of

counties identified as RFDA's were

eventually designated attainment for

TSP.

C. Proposed Revision of the NAA QS for

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 of final rulemaking on

the revisions to 40 CFR Part 50 in

today's Federal Register announces

EPA's final decisions on the proposed

revisions and the basis for the selection

of PMo 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, EPA proposed to

continue its existing fugitive dust policy

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and solicited comments on that course

of action.

D. Comments on Proposal to Continue

Existing Policy

Several State agencies and

environmental organizations favored

narrowing or discontinuing the current

policy. Comments were received from

several industrial groups favoring

continuation or expansion of the current

fugitive dust policy. A summary of the

comments and EPA's response follows.

Comments opposing continuation of

the existing policy. Several commenters

stated that EPA should discontinue use

of the rural fugitive dust policy for PMo

until it has been subjected to full public

review. It was alleged that control of

PMo must be based on the health

impacts and not on economic

consequences. It was 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 that EPA

should narrow the scope of its policy

because they believe over 50 percent of

fugitive dust may be PM 0 which can

travel long distances and impact a larger

population than just those in the rural

area of origin. They alleged rural

fugitive dust may also include fungal

spores which cause diseases such as

Valley Fever. Therefore, the commenters

felt sources of fugitive dust need to be

controlled whenever it is technically

and economically possible.

EPA response to comments. The EPA

has chosen not 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 be prematurely

directed away from addressing higher

priority urban area problems. However,

EPA recognizes that some of the reasons

for the existing policy may not apply to

PM~o and consequently is seeking

further comment on alternative policies.

Comments favoring continuing or

expanding the existing policy. Several

commenters (primarily representing

mining interests) stated that EPA should

continue its rural fugitive dust policy as

proposed or expand it to include areas

where industrial sources contribute only

a minor portion of total PMo emissions.

The commenters alleged that fugitive

dust from mines is essentially the same

as, and poses no greater health risk

than, naturally occurring

uncontaminated dust. They felt that the

current policy recognizes that large

particles (which predominate in rural

fugitive dust) are of little concern to

human health, control of fugitive dust is

difficult, and the cost of control on a

broad scale would be staggering.

EPA response to comments. The

EPA's 1977 fugitive dust policy stated

that a rural area would be identified by

a lack of major industrial development

or absence of significant industrial PM

emissions and low urbanized

population. The highest priority was to

be given to developing control programs

for fugitive dust in urban areas. Priority

was also to be given to control of large

manmade fugitive dust sources in rural

areas that in themselves caused

violations of the TSP NAAQS or were

sources of known toxic or hazardous

material.

Thus, the fugitive dust policy never

defined a rural area as completely

absent of industrial development. Also,

one of the bases for the policy was that

control of fugitive 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 of PMo constitutes a

health risk and has concluded that, at

present, fugitive dust or other specific

components of PMo cannot be safely

excluded from the primary standard,

EPA must carefully consider application

of the existing fugitive dust policy in

rural areas. The options being

considered by EPA range from

continuing the existing policy to

requiring attainment of the PMo

NAAQS with 3 years.

E. Possible Rural Fugitive Dust Areas

for PMo

The number of counties likely to be

considered RFDA's for PM 1 under the

existing policy are categorized in Table

1 by probabilities of violating PM 1o

NAAQS of 50 micrograms per cubic

meter (jtg/mn), annual arithmetic mean,

and 150 ({tug/ms, 24-hour average,

together with the population of the

counties. The probabilities are based on

1983-1985 TSP air quality data and

calculated using EPA's probability

guideline I and a national distribution of

PMo to TSP ratios (EPA 1986]. The TSP

has been monitored in many of these

areas for several years, whereas PMo is

not yet monitored in many RFDA's.

Table 1 indicates that 14 RFDA's with

a'total population of about 1.3 million

have a 95 percent or greater probability

of violating a 24-hour PM1o NAAQS of

150 tkg/m. Two of those same RFDA's

have 95 percent or greater probability of

violating an annual PMo NAAQS of 50

j~g/m . About 35 RFDA's with a total

population of about 1.1 million have

between 20 and 95 percent probability of

violating the 24-hour NAAQS. Twelve of

these 35 RFDA's have greater than 20

percent probability of violating 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- 150 pg/ Popula- annual tion at m3 24- tion at Probability of violating standards arithmetic risk hour risk

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

> 0.95 ......................................................................... 2 110 1 14 1,293

>0.20, < 0.95 ............................................................ 22 1,219 235 1,131

Totals ................................................................ 24 1,329 s 49 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.

2 Of 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.

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

NAAQS.

II. Definition of Rural Fugitive Dust

Areas

The 1977 policy defined an RFDA as

having a:

The "probability guideline," an EPA report

entitled "Procedures for Estimating Probability of

Nonattainment of a PMo NAAQS Using Total

(1) Lack of major industrial

development or absence of significant

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 of major 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 should be

specifically defined and, is so, how they

should be defined.

In addition, a multitude of small

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 of an RFDA the term "lack of

significant, nonfugitive dust, area source

emissions."

In the past, the 1977 definition of low

urbanized population has been applied

to the total population of the RFDA

without respect to the size of the area

involved. The RFDA's for TSP generally

conformed to county boundaries which

often included very large areas in

western States. Since the sizes of the

RFDA's varied greatly, the total

population of the area was not

indicative of the population density. Air

monitoring sites in RFDA's are generally

located in small towns which are often

the only population center in the RFDA.

Therefore, the most dense population is

often within a few kilometers of the

monitoring site. The Administrator

seeks comments on whether the 1977

definition of low urbanized population

for rural areas in adequate for

implementing any fugitive dust policy

adopted by EPA, or whether EPA should

define low urbanized population based

upon the population density of an area

in proximity to a monitor.

Ill. Alternative Fugitive Dust Policies

The EPA believes that it may be

appropriate to continue to give a lower

priority to full SIP development in rural

fugitive dust areas. A PMo fugitive dust

policy may be desirable given the

potentially high cost of controlling rural

fugitive dust in relation to the low

populations at risk in such areas.

Further, it may be more productive to

require prompt attainment of the annual

PM1o NAAQS 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 of promptly

attaining annual versus 24-hour PMo

standards in RFDR's and the costs of

attaining each standard. The EPA is

soliciting public comment on these

issues to provide a basis for determining

if the existing fugitive dust policy should

be revised. If EPA 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 of both

the 24-hour and annual PM1o NAAQS

within 3 years [or 5 years with a section

110(e) extension] to requiring attainment

of only the annual standard over an

extended period of time.

The notice of final 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 of not attaining the PMo

NAAQS, Group II areas will be those

where existing air quality data are not

sufficient to determine if they 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. Alternative I

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 to meet Group I SIP

requirements as explained in the notice

of final rulemaking of Parts 51 and 52.

Table 1 indicates that two RFDA's

would be put into Group I under the

alternative.The SIP must demonstrate

attainment of the annual NAAQS within

3 years.

The RFDA's with greater than 20 percent

but less than 95 percent probability of

violating the annual PM1o NAAQS, 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 PM1o plan, i.e.,

emission offsets sufficient to provide a

2 This figure is derived from the 49 RFDA's with

greater, than 20 percent probability of violating the

24-hour NAAQS minus the 2 RFDA's which have a

probabiity of 95 percent or greater of violating the

annual NAAQS, and thus are 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. Alternative II

The second alternative policy would be

to require RFDA's with greater than 20

percent probability of violating either

the annual or 24-hour NAAQS to meet

the Group I1 SIP requirements. If

attainment of the annual or 24-hour

NAAQS cannot be demonstrated within

5 years [including a 2-year extension

under section 110(e)], all reasonable

control measures must be taken toward

attainment. Rationale would be required

as to why 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 of allowing 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 1 indicatesr that 49 RFDA's

would be put into Group II under this

alternative.

C. Alternative III

The third alternative policy would be to

require RFDA's with greater than 20

percent probability of violating the

annual PM1o NAAQS only to meet

Group I1 SIP requirements. Table 1

indicates there are about 24 such

RFDA's.

As in Alternative II, if a control

strategy is required but attainment

cannot be demonstrated, all reasonable

control measures must be taken toward

attainment. Rationale would be required

as to why enactment of certain

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

of the 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 of their emissions plus the

emissions of other stationary sources in

the vicinity plus normal background

would not cause violations of the PMo

NAAQS.

D. Continuing the Existing Policy

Under the 1977 policy, all RFDA's

including those exceeding the 24-hour or

annual PM1o NAAQS would be put into

Group III 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 of their

emissions plus the emissions of other

stationary sources in the vicinity plus

normal background would not cause

violations of the PMo NAAQS.

IV. Analysis of Five RFDA's

The EPA, in cooperation with the

States concerned, examined the impact

of the existing fugitive dust policy and

the three alternatives on five areas

designated RFDA's for TSP. The five

RFDA's were selected as representative

of areas 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 in Docket

Number A-87-01). The study areas

generally have the following

characteristics typical of RFDA's:

1. The population is small with

generally less than 25,000 persons within

20 km of the monitoring site;

Z. A large portion of the land area is

natural or used for agriculture (e.g.,

growing crops or grazing);

3. Emissions from industrial sources

are a small portion of the total inventory

for the area; and

4. A significant portion of emissions in

the area are from unpaved roads,

agricultural activities, or wind erosion.

Three of the five study areas have

high probabilities of violating a 24-hour

PMo NAAQS of 150 pg/m3 based on

1983-1985 TSP data. The probabilities of

violating an annual PMo NAAQS of 50

pg/m3 vary from as low as 5 percent up

to 70 percent. These studies were

conducted over an 8-week period;

therefore, the quantity of emissions from

each source category and the impacts of

the various source categories on the

population could not be determined

precisely. A description of each RFDA

and the characteristics of the PM

monitoring sites are presented along

with a discussion of PM 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, New Mexico,

an arid region with rangeland, copper

mines, and smelting operations; and the

Southeast Desert Air Basin (SEDAB] in

California, a large desert area that

encompasses 63 communities. Tables 2

through 6 present detailed

characteristics of the study areas such

as population, urban centers, land use,

climate, location of PM monitors,

significant sources of PMo and the

reduction in emissions necessary to

attain the PMo NAAQS.

Umatilla County, Oregon was selected

because it Was an RFDA for TSP. It is a

rural agricultural area with a very fine

soil (>50 percent silt]. Windblown dust

is a problem but the area is also

impacted by smoke from wood stoves

and field burning.

Sherman County, Kansas was

selected because it is a typical PlainsState agricultural area Annual TSP

values equaled or exceeded the former

primary TSP NAAQS (75 gg/m s) in

1979, 1981, 1982 and 1984. The former 24-

hour TSP NAAQS has not been

exceeded since 1979. The TSP

concentrations have decreased in the

last 10 years possibly because the acres

of irrigated cropland near the air quality

monitor have 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 it is a recreational area

rather than an agricultural area. The

area has a very small permanent

population, but it is a ski area in winter

and hosts 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 the winter,

smoke from wood stoves is a problem.

Grant County, New Mexico, was

selected because it is an arid

agricultural area with some open pit

mines and a copper smelter. The land is

used for grazing cattle; very little is used

to grow crops. The area is impacted by

fugitive dust from unpaved 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 of PM10 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 of State 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 of PM1o

Source category Tons per year

Point ............................................................................... 140

Area:

W ood stoves ............................................................. 260

Motor vehicles ............................ 3

Paved roads .............................. . 88

Unpaved roads ......................................................... 200

Field burning ............................................................. 6,700

Agricultural lilling ...................................................... 3,200

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

Estimate of required emission reduction:

A 21 percent reduction in emission

may be required to attain the 24-hour

NAAQS. This reduction 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 of remaining 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 of Goodland fire station

PMio/TSP ration: 0.4/1

Probability of not attaining:

Annual NAAQS-0.05

24-hour NAAQS-0.15

Significant sources of PM1o:

Agricultural tilling

Wind erosion from cleared areas such

as fields, unpaved parking areas

and lots, and cattle feed lots.

Estimate of required emission reduction:

Reductions may not be required; the

area is likely to attain both NAAQS.

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Table 4.-San Miguel County, Colorado

County Population!(1980): 3;000

Urban areas and population (1980):

Telluride 1,200

Land Use:

Box canyon surrounded on three sides

by mountains

Area is used 'for recreational purposes

in winter (skiing) and summer

(bluegrass festival)

Climate:

Average annual precipitation 16-20

inches

Strong inversion layers -frequently trap

pollutants in the canyon between

7:00 p.m. and 11:00 a.m.

Particulate matter monitoring sites:

Location:

Roof of two story building in

Telluride.

Two sites in the canyon but outside

of town

Probability of not attaining:

Annual NAAQS-0.28

24-hour NAAQS--0.90

Significant sources of PMo:

Summer: Old mine tailings pile,

unpaved 'roads, and campfires.

Winter: Wood stoves

Estimate of required emission reduction:

A 28-percent reduction may be

required to 'attain the .24-hour NAAQS.

Table 5.--Grant County, New Mexico

County Population (1980) 26,200

Urban areas -and population (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 8 inches in

plains, 20 inches in mountains

Average wind speed in spring (MarchJune) 9 mph with:gusts to 36 mph

Particulate matter monitoring site:

monitors are located in three 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 of PMo:

'Source category Tons per year

Point .............................................................................. 230

Area:

W ood stoves ............................................................ .250

M otor vehicles ......................................................... 840

Unpaved roads ........................................................ 23,000

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

Estimate of required reduction: Based on

ambient TSP values, it is not clear

what emission reduction may be

necessary to attain the NAAQS at

Bayard.

Table 6.-Southeast Desert Air Basin,

California

Population

The RFDA in SEDAB consists of

portions of three counties in

California-Imperial Riverside, and San

Bernardino.'The total population of the

area in 1980 was 590,000. There are 63

communities in the area and most are

smaller than 25,000 persons. 'Two larger

communities are Lancaster with 48,000

and Palm Springs with 85,000.

Land use:

21.5 million acres total

32 million acres are irrigated for

growing crops

17.8 million acres are covered only

with desert vegetation

Climate:

Annual rainfall 2 to 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

El Centre ....................................... .30 .67

Riverside County:

Banning .............. .05 .45

Indio ....................................................... :55 .97

San Bernardino County:

Barstow ................................................. .70 .99

Victorville ................................................. .09 .22

Significant sources of PMo:

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 of required emission reductionThe following -emission reductions

may be required for each planning

area:

Imperial County-21 percent

Riverside .County-22 percent

San Bernardino County-38 percent

V. Effect of Alternative Policies on

Study Areas

A summary of the PMto nonattainment

probabilities and possible nontraditional

control measures available for the five

study areas is presented in Table 7. The

effect of the alternative rural fugitive

dust policies on the ability of each study

area to attain the PM8 NAAQS is

presented in Table 8.

The main sources of PMo in Sherman

County, Kansas, are agricultural fields.

Ambient PM levels appear to be

decreasing as the areas of irrigated

farmland near Goodland have

increased. The probabilities of attaining

the annual and 24-hour PMo 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 of PMo emissions in

Umatilla County, Oregon, are estimated

to come from wood stoves and field

burning. The State of Oregon has

adopted regulations which require

permits for open burning and

certification of new wood stoves. The

EPA anticipates that implementation of

these regulations will bring about

attainment and maintenance of the

annual and 24-hour PMo NAAQS in

Umatilla County within 5 years;

therefore, this area should attain under

all the alternative policies.

A. Alternative I

Under policy Alternative 1, RFDA's

with 95 percent or greater probability of

violating an annual NAAQS of 50 lg/m3

would be put into Group 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 of the

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 'the area to attain the

PM10 NAAQS.

The possibility of attaining the annual

NAAQS in San Miguel County appears

good. However, the possibility of

attaining the '24-hour NAAQS within 3 to

5 years is poor. The EPA estimates that

emissions must be reduced 28 percent.

There are fugitive dust emissions 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 of attaining the annual

NAAQS in Grant County is good at

Silver City and Hurley. It is 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 of attaining

the 24-hour NAAQS within 3 to 5 years

is poor at all three sites. The most

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 of attaining the annual

NAAQS within 5 years is poor in each

of the three planning areas of the

SEDAB. The possibility of attaining the

24-hour NAAQS is very poor. The EPA

estimates that 50 to 80 percent of daily

emissions in each area could be from

disturbed desert lands.

B. Alternative II

Under Alternative II, RFDA's with 20

percent or greater 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 of time, if necessary.

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 from wood 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 if necessary.

In Grant County, the possibility of

attaining the annual NAAQS at Hurley

and Silver City is good and is fair at

Bayard over an extended period. The

possibility of attaining the 24-hour

NAAQS over extended time is poor

because of the miles of unpaved roads

that must be stabilized with the expense

borne by the State and local

governments.

The possibility of attaining 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 of attaining the 24-hour

NAAQS is poor because of the large

open areas and arid conditions.

C. Alternative III

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 into Group III and

Umatilla County would be placed in

Group II, but it is expected to attain

without the adoption of additional

control measures. San Miguel County

would be placed in Group II and has a

good possibility of attaining 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 from unpaved areas will need

to be reduced to a greater extent in

Bayard to attain the annual NAAQS,

however.

In the SEDAB, the possibility of

attaining the annual NAAQS is only fair

because of the large open areas and arid

coriditions that prevail.

D. Continuing the Existing Policy

Under the existing fugitive dust policy,

RFDA's would be put into Group III and

fugitive dust would not be 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 of additional

control measures. However, it is not

clear whether San Miguel County could

attain the NAAQS even if fugitive dust

was not considered since it is 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

RFDA SIP attaining emission Possible control measures 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 1 N/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 at copper 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 NAAQS is 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 5 years. 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 of the study results

shows that air quality in most of the

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 if the Administrator decides to

adopt one of the 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

Group I, IL or III based upon their

probability of violating the PMo

standard. Initial analysis of existing

RFDA's indicate that two areas would

fall into Group I and 47 areas would fall

in Group II. Areas in Group I and areas

in Group II which monitor violations of

the PMo standard will be required 'to

demonstrate attainment of both the

annual and 24-hour NAAQS within 3

years of the date the SIP is approved. (A

2-year extension is always available

under section 110(e) if the State can

make the proper showings regarding the

adequacy of control technology.) This

means States must adopt some

combination of possible control

measures (e.g., those listed in Table 7:

conservation tilling, better smoke

management, certification of wood

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

of the Group II areas which monitor

violations of the PMo standards may

still have a great deal of difficulty

demonstrating attainment within the 3 to

5 year time frame. Since this alternative

could require use of all the control

measures listed above, it should bring

about attainment of the NAAQS quicker

than the other alternatives even if

compliance extends beyond 5 years.

Since Alternative II would not require

any area to be immediately placed in

Group I, all RFDA's with greater than 20

percent probability of violating either

the 24-hour or annual PMo would be

required to conduct additional

monitoring. If violations of the NAAQS

are monitored, then the State would be

required to develop attainment plans.

The State must consider essentially the

same controls as would be called for

under Alternative I. If the State cannot

demonstrate that the standards will be

attained within 5 years, [including the

section 110(e) 2-year extension] then the

State must adopt all reasonably

available control measures and show

why other measures would be

unreasonable. In addition, the State

must show sustained progress toward

attainment. It is anticipated that the

town of Bayard in Grant County and the

SEDAB will have a fair chance of

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attaining the annual NAAQS by

applying controls only over an extended

period of time. Attainment of the 24-hour

standard will continue to pose a

problem except for Umatilla County and

Sherman County where it is anticipated

that implementation of existing control

measures will result in attainment

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 II and fewer areas would be

required to develop attainment plans in

the near future. If attainment plans are

necessary, States would be required to

adopt reasonable 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 of these

control measures may also provide a

measure of progress toward attainment

of the 24-hour NAAQS by reducing peak

concentrations. Alternative III does not

require controls specific for attainment

and maintenance of the short-term

standard.

Continuation of the 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 in urban 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 of protecting 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 of a rural fugitive dust area;

and (5) the preferred policy of the three

alternatives presented.

Until such time as the Administrator

decides which course of action 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 of the Act

give the Administrator authority to adopt

policies necessary to implement national

ambient air quality standards.

Dated: June 2, 1987.

Lee M. Thomas,

Administrator.

References

Hawkins, David G. (Assistant Administrator

for Air and Waste Management), Model

Letter Regarding State Designation of

Attainment Status. Memorandum-to

Regional Administrators. October 7, 1977.

Tuerk, Edward F. (Acting Assistant

Administrator for Air and Waste

Management, Guidance on SIP

Development and New Source Review in

AreasImpacted by Fugitive Dust.

Memorandum to Regional Administrators.

August 16. 1977.

U.S. Environmental Protection Agency (EPA).

"Procedures for Estimating Probability of

Nonattainment of a'PMo NAAQS Using

Total Suspended Particulate Matter or PMzo

Data." Office of Air Quality Planning and

Standards, Research Triangle Park, North

Carolina. EPA 450/4-86-017, 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 of Goodland,

Kansas As a PMo Fugitive Dust Area." Air

Branch, Kansas City, Kansas, September

1986.

EPA Region VIII, "PM Rural Fugitive Dust

Study of Telluride, Colorado." Air Branch,

Denver, Colorado, September 1986.

EPA Region IX, "Effects of a PM0 Rural

Fugitive Dust Policy on California's

Southeast 'Desert Air Basin." Air

Management Branch, San Francisco,

California, November 1986.

EPA Region X. "Rural Fugitive Dust Area

Study Pendleton, Oregon." Air Programs

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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