45168 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[IN83–1a; FRL–5882–6]

Designation of Areas for Air Quality

Planning Purposes; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: In this action, EPA is

approving a redesignation request

submitted by the State of Indiana on

April 8, 1993. Supplemental

information was provided on June 17,

1997. In this submittal, Indiana

requested that a portion of Vermillion

County be redesignated to attainment of

the National Ambient Air Quality

Standard (NAAQS) for particulate

matter with an aerometric mean

diameter less than 10 micrometers (PM–

10). Subsequent to this approval, the

portion of Clinton Township,

Vermillion County which includes

sections 15, 16, 21, 22, 27, 28, 33 and

34 will be designated attainment for the

PM–10 NAAQS.

DATES: The ‘‘direct final’’ is effective on

October 27, 1997, unless EPA receives

written adverse or critical comments by

September 25, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Copies of the revision

request are available for inspection at

the following address: U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604. (It is recommended that

you telephone Ryan Bahr,

Environmental Engineer, at (312) 353–

4366 before visiting the Region 5

Office.)

Written comments should be sent to:

J. Elmer Bortzer, Chief, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Ryan Bahr, Environmental Engineer, at

(312) 353–4366.

SUPPLEMENTARY INFORMATION:

I. Background

Each NAAQS consists of two

standards: a primary standard for the

protection of public health and a

secondary standard for the protection of

public welfare. The PM–10 NAAQS

primary and secondary standard are set

at the same level. To reflect the

scientifically demonstrated relationship

to health effects, this NAAQS level is

composed of two averaging times; a 24-

hour concentration set at a level of 150

micrograms per cubic meter (μg/m3) and

an annual average based on a 50 μg/m3

annual arithmetic mean (See 40 CFR

50.6).

In 1988, several exceedances of the

PM–10 NAAQS were recorded in

Vermillion County at monitoring sites

located downwind of Peabody Coal

Company’s Universal Mine, Blanford

East Area. As a result of these

exceedances, and pursuant to section

107(d)(A)(B) of the Clean Air Act (Act),

a portion of Clinton Township in

Vermillion County was designated

moderate nonattainment for PM–10 on

November 6, 1991 (56 FR 56694).

In order to satisfy the requirements of

part D and section 110 of the Act for the

nonattainment area, Indiana submitted a

PM State Implementation Plan (SIP)

revision request to EPA on April 8,

1993. Along with the PM SIP revision

request for Vermillion County, Indiana

submitted a request for redesignation to

attainment of the PM–10 NAAQS for a

portion of the county. EPA found the

request complete and issued a

completeness letter on April 30, 1993.

The EPA approved Indiana’s PM SIP

submission for Vermillion County on

February 15, 1994 (59 FR 7223). Indiana

supplemented the redesignation request

submittal with updated monitoring data

on June 17, 1997. There have been no

monitored violations of the PM–10

standard in Vermillion County since the

original violations recorded in 1988.

On July 18, 1997, EPA promulgated

new NAAQS for particulate matter. This

revision to the NAAQS added standards

for particulate matter with aerometric

mean diameter less than 10 micrometers

and changed the form of the 24 hour

PM–10 standard.

II. Evaluation Criteria

Section 107(d)(3)(D) of the Act, as

amended in 1990, authorizes the

Governor of a State to request the

redesignation of an area from

nonattainment to attainment. The

criteria used to review redesignation

requests are derived from the Act. An

area can be redesignated to attainment

if the following conditions are met:

(1) The area has attained the

applicable NAAQS;

(2) The area has a fully approved SIP

under section 110(k) of the Act;

(3) The EPA has determined that the

improvement in air quality in the area

is due to permanent and enforceable

emission reductions;

(4) EPA has determined that the

maintenance plan for the area has met

all of the requirements of section 175A

of the Act; and,

(5) The State has met all requirements

applicable to the area under section 110

and part D of the Act.

III. Summary of State Submittal

The following paragraphs discuss

how the State’s redesignation request for

Vermillion County addresses the Act’s

requirements.

A. Demonstrated Attainment of the

NAAQS

As explained in a September 4, 1992,

memorandum ‘‘Procedures for

Processing Requests to Redesignate

Areas to Attainment,’’ from the Director

of the Air Quality Management Division

to the Regional Air Directors, three

complete consecutive years of data

showing PM–10 NAAQS attainment are

required for redesignation. A violation

of the NAAQS occurs when the number

of exceedances per year, according to 40

CFR 50.6, is greater than 1.0. The July

18, 1997, promulgation retained the

exceedance form for the annual

standard but revised the 24 hour

standard form. The 24 hour standard

form was revised such that a violation

occurs when the 98th percentile

concentration is greater than the

concentration limit of 150 μg/m3.

Indiana’s April 8, 1993, submittal and

June 17, 1997, supplement cite ambient

monitoring data showing that

Vermillion County has met the NAAQS

for the years 1994–1996, which were the

three most recent consecutive years

with quality-assured monitoring data.

Previous monitoring data for the period

of 1989 through 1993 indicates that the

NAAQS has been met continuously

since the exceedances which occurred

in 1988.

As shown in the table below, there

have been no exceedances of the PM–10

NAAQS at any monitor in Vermillion

County since 1988. It can be seen that

the annual average PM–10

concentration has decreased

significantly from 45 micrograms per

cubic meter (μg/m3) in 1988 to 19 μg/m3

in 1996 (the NAAQS is 50 μg/m3).

The table presented below

summarizes the Vermillion County

monitoring data submitted by Indiana in

support of its redesignation request. The

NAAQS for PM–10 is based on an

annual average of 50 μg/m3 and a 24

hour concentration (1st High) of 150 μg/

m3.
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations 45169

Year

Vermillion county monitor readings (μg/m 3)

Annual

average 1st high 2nd high 3rd high 4th high

1988 .......................................................................................................... 45 202 180 120 119

1989 .......................................................................................................... 37 136 115 95 90

1990 .......................................................................................................... 36 110 108 103 103

1991 .......................................................................................................... 33 132 100 97 95

1992 .......................................................................................................... 29 84 81 66 66

1993* ......................................................................................................... 22 67 57 50 46

1994 .......................................................................................................... 23 61 57 46 45

1995 .......................................................................................................... 24 64 63 58 55

1996 .......................................................................................................... 19 57 44 43 42

* 1993 data was not submitted from the State but was obtained from AIRS to complete the chart.

The monitored 24 hour PM–10

concentrations have also decreased

greatly in the last 5 years. The highest

monitored concentration in 1988 was

202 μg/m3 compared to 57 in 1996 (the

NAAQS is 150 μg/m3). The most

significant improvement is seen

between the years 1991 and 1992 when

mining operations in the nonattainment

area ceased. No additional PM–10

exceedances have been recorded since

1988 in the Aerometric Information and

Retrieval System (AIRS) database

through 1996.

According to the PM–10 standard

promulgated July 18, 1997, in order to

redesignate for PM–10, the 98th

percentile of monitored readings needs

to fall below the 24 hour concentration

of 150 μg/m3. As the maximum

concentrations are below this level, it is

evident that the 98th percentile

concentration is below the limit and the

air quality data meets this test and

shows that Vermillion County meets the

PM–10 NAAQS.

Dispersion modeling is commonly

used to demonstrate attainment of the

PM–10 NAAQS. The SIP was fully

implemented and approved on February

15, 1994 (59 FR 7223). In the SIP,

Indiana demonstrated that the one PM–

10 source had closed and the operating

permit had been withdrawn. Due to the

absence of sources, EPA did not require

Indiana to submit dispersion modeling

with its redesignation request for

Vermillion County. The State has

continued to operate a PM–10 monitor

in Vermillion County and there have

been no NAAQS exceedances since

1988.

B. Fully Approved SIP

The SIP for the area must be fully

approved under section 110(k) of the

Act and must satisfy all requirements

that apply to the area. EPA’s guidance

for implementing section 110 of the Act

is discussed in the General Preamble to

Title I (57 FR 13498, April 16, 1992).

The PM–10 SIP for Vermillion County

met the requirements of section 110 of

the Act and was approved by EPA on

February 15, 1994 (59 FR 7223). The SIP

recognizes that the operating permit for

the only source of PM–10 expired April

1, 1992, and commits to not renewing

that permit. With the closure of this

source, there are no permitted or

registered sources in Vermillion County.

The SIP also committed to maintaining

a monitor in Vermillion County until

the area was redesignated.

C. Permanent and Enforceable

Reductions in Emissions

Vermillion County’s attainment of the

PM–10 standards can be attributed to

the closure of the Blanford Mining Area

in early 1992. As specified in the SIP,

the operation permit issued to Peabody

Coal Company for the Blanford Mining

Area expired April 1, 1992, and will not

be renewed, making the closure a

permanent and enforceable emission

reduction. Following land reclamation

which was completed by November 1,

1993, the entire area has been returned

to being used exclusively for

agricultural purposes. The Peabody Coal

Company and any potential new

industry that would like to operate in

Vermillion County may not commence

operating without the issuance of a new

air permit by the State under the

federally delegated Prevention of

Significant Deterioration program. On

February 15, 1994 (59 FR 7223), EPA

approved the control strategies in

Indiana’s PM–10 SIP for this county,

rendering them federally enforceable (56

FR 56694). The regulations are

permanent, and any future revisions to

the rules must be submitted to and

approved by the EPA.

D. Fully Approved Maintenance Plan

Under section 107(d)(3)(E) and

section 175A of the Act, the State must

submit a maintenance plan in order for

an area to be redesignated to attainment.

The maintenance plan is intended to

ensure that the area will maintain the

attainment status it has achieved, and

that if there is a violation, the plan will

serve to bring the area back into

attainment with prescribed measures.

Indiana has committed to not reissue

the permit for the Branford coal mining

operation in Vermillion County, and the

area has been reclaimed for use as

farmland. The facility has been deleted

from the State’s emissions inventory,

and there are no other permitted or

registered PM–10 sources located in the

Vermillion County nonattainment area.

Subject new sources are required to

meet Prevention of Significant

Deterioration requirements which have

been established to protect future air

quality and ensure that a violation will

not occur in the future.

The monitoring since the original

exceedances has shown that from 1989

to 1996, there have been no exceedances

in the area. The readings have shown,

as expected, that the ambient levels of

PM–10 in the area are at levels which

are only an insignificant fraction of the

NAAQS. Based on these facts, EPA has

determined that Indiana’s maintenance

plan for Vermillion County satisfies the

provisions of the Act.

E. Part D and Other Section 110

Requirements

EPA approved the PM–10 SIP for

Vermillion County on February 15, 1994

(59 FR 7223), after having concluded

that the plan satisfied the requirements

of part D and section 110 of the Act.

Several of the section 110 requirements

were revised in the 1990 amendments to

the Act. However, the existing SIP also

conforms with the 1990 provisions of

the Act. As required by part D of the

Act, Indiana has a fully approved and

implemented New Source Review

Program. The existing Prevention of

Significant Deterioration program,

which was federally delegated for all

attainment areas, will apply in all of

Vermillion County subsequent to this

approval.

Section 176 Conformity Requirements

Section 176 of the Act requires States

to revise their SIPs to establish criteria
45170 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations

and procedures to ensure that

individual Federal actions will conform

to the overall air quality planning goals

in the applicable State SIP. Section 176

further provides that the State’s

conformity revisions must be consistent

with the Federal conformity regulations

promulgated by EPA under the Act. The

requirement used by Federal agencies to

determine conformity is defined in 40

CFR part 93, subpart B (‘‘general

conformity’’).

Indiana has adopted general and

transportation conformity rules for PM–

10 to satisfy provisions of part D. The

State submitted a request for a SIP

amendment regarding conformity on

January 23, 1997.

The EPA believes it is reasonable to

interpret the conformity requirements as

not being applicable requirements for

purposes of evaluating redesignation

requests under section 107(d). The

rationale for this is based on a

combination of two factors. First, the

requirement to submit SIP revisions to

comply with the conformity provisions

of the Act continues to apply to areas

after redesignation to attainment.

Second, EPA’s Federal conformity rules

require a conformity analysis in the

absence of federally approved State

rules. Therefore, because areas are

subject to the conformity requirements

regardless of whether they are

redesignated to attainment, and must

implement conformity under Federal

rules if State rules are not yet approved,

the EPA believes it is reasonable to view

these requirements as not being

applicable requirements when

evaluating a redesignation request.

Consequently, the PM–10 redesignation

request for Vermillion County may be

approved notwithstanding the lack of

fully approved conformity rules. Refer

to EPA’s action in the Tampa, Florida

ozone redesignation finalized on

December 7, 1995 (60 FR 62748).

IV. Final Rulemaking Action

EPA is approving the redesignation

request and maintenance plan

submitted by Indiana on April 8, 1993,

and supplemented on June 17, 1997.

EPA, therefore, is redesignating the

portion of Clinton Township,

Vermillion County which includes

sections 15, 16, 21, 22, 27, 28, 33 and

34 to attainment for the PM–10 NAAQS.

The remainder of Vermillion County

will remain designated unclassifiable

for the PM–10 NAAQS. The EPA has

completed its analysis of this SIP

revision request based on a review of

the materials presented, and has

determined that they are approvable.

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should written

adverse or critical comments be filed.

This action will be effective October 27,

1997 unless, by September 25, 1997,

written adverse or critical comments are

received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent notice that will withdraw

the final action. All public comments

received will be addressed in a

subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective October 27, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

V. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq, EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the Act, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410 (a)(2).

Redesignation of an area to attainment

under section 107(d)(3)(E) of the Act

does not impose any new requirements

on small entities. Redesignation is an

action that affects the status of a

geographical area and does not impose

any regulatory requirements on sources.

The Administrator certifies that the

approval of the redesignation request

will not affect a substantial number of

small entities.

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

undertake various actions in association

with any proposed or final rule that

includes a Federal mandate that may

result in estimated costs to state, local,

or tribal governments in the aggregate;

or to the private sector, of $100 million

or more. This Federal action approves

pre-existing requirements under state or

local law, and imposes no new Federal

requirements. Accordingly, no

additional costs to state, local, or tribal

governments, or the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under section 5 U.S.C. 801(a)(1)(A) as

added by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Controller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by October 27, 1997.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations 45171

1The amount actually appropriated for ‘‘facilities

compensation’’ was $3,500,000 in 1984, see S. Rep.

98–514, to accompany H.R. Bill 5712, 98th Cong.

2nd Sess. The Committee on Appropriations noted

that it expected to be informed of the need for

additional funds up to the $5,000,000 authorized.

2 Indeed, in 1990, when Congress authorized the

TV Marti station, Congress debated whether to fund

a compensation program for broadcasters, and

chose not to do so. Instead, Congress specified

alternative means for resolving any interference

problems that would result from the establishment

of the TV Marti program. For example, a task force

was established for dealing with interference

complaints and the FCC was instructed to monitor

and report objectionable interference to appropriate

Congressional committees. See Conf. Rep. Foreign

Relations Authorization Act, Fiscal Years 1990 and

1991, 101 Cong. 1st Sess., Rep. 101–343. Congress

also authorized the FCC to make technical changes

Continued

be challenged later in proceedings to

enforce its requirements.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Reporting and recordkeeping

requirements, Particulate matter.

Dated: August 14, 1997.

David A. Ullrich,

Acting Regional Administrator.

For the reasons stated in the

preamble, part 52, chapter I, title 40 of

the Code of Federal Regulations is

amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 52.776 is amended by

adding paragraph (q) to read as follows:

§ 52.776 Control strategy: Particulate

matter.

* * * * *

(q) Approval—On April 8, 1993, and

supplemented on June 17, 1997, the

State of Indiana submitted a

maintenance plan and a request that

sections 15, 16, 21, 22, 27, 28, 33 and

34 of Clinton Township in Vermillion

County be redesignated to attainment of

the National Ambient Air Quality

Standard for particulate matter. The

redesignation request and maintenance

plan satisfy all applicable requirements

of the Clean Air Act.

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. In section 81.315, in the table

entitled ‘‘Indiana—PM–10,’’ the entry

for Vermillion County is amended to

read as follows:

§ 81.315 Indiana.

* * * * *

INDIANA—PM–10

Designated area

Designation Classification

Date Type Date Type

* * * * * * *

Vermillion County Part of Clinton Township, including sections 15, 16, 21, 22, 27, 28, 33

and 34.

Oct. 27, 1997 ............ Attainment.

* * * * * * *

* * * * *

[FR Doc. 97–22667 Filed 8–25–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[FCC 97–266]

Compensation of Costs of Mitigating

Cuban Interference

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Order removes the

Commission’s rules implementing

Section 7 of the Radio Broadcasting to

Cuba Act: Compensation of Costs of

Mitigating Cuban Interference because

the funding for this activity was only

authorized for a four year period from

the date of the first Radio Marti program

broadcast, May 20, 1985. Congress has

made no further appropriations for this

activity.

EFFECTIVE DATE: August 26, 1997.

FOR FURTHER INFORMATION CONTACT: Ana

Janckson-Curtis, Compliance and

Information Bureau, (202) 418–1160.

SUPPLEMENTARY INFORMATION: Adopted:

July 28, 1997. Released: August 4, 1997.

1. This Order removes the provisions

listed in Subpart M of Part 1 of the

Commission’s Rules, implementing

section 7 of the Radio Broadcasting to

Cuba Act, Pub. L. 98–111, 97 Stat. 749

(1983). This subpart includes Sections

1.1701 through 1.1712 of the

Commission’s Rules 47 CFR 1.1701–

1.1712.

2. The Radio Broadcasting to Cuba

Act established a domestic radio

broadcast service to Cuba. Because

Congress expected the government of

Cuba to retaliate for these broadcasts by

interfering with or jamming U.S.

broadcast stations, Congress also

adopted Section 7 of the Radio

Broadcasting to Cuba Act. This

provision authorized the Federal

Communications Commission (FCC) to

determine levels of jamming and

interference to U.S. radio broadcasting

stations by Cuba through regular

monitoring of the 1180 AM frequency.

Under Section 7, the Commission

became responsible for establishing

interference measurement criteria to

assist in settling compensation claims

brought by U.S. radio broadcasting

station licensees for costs incurred in

mitigating the effects of jamming

activities by the Government of Cuba.

3. To implement Section 7, the

Commission adopted regulations setting

forth the technical standards,

requirements and procedures for

affected broadcast stations to file a

claim, and the standards and procedures

to be used by the FCC staff to verify the

level of interference received by the

stations. Congress specifically stated in

section 7(e), however, that ‘‘[f]unds

appropriated for implementation of this

section shall be available for a period of

no more than four years following the

initial broadcast occurring as a result of

the program described in this Act.’’ 1

4. The first Radio Marti broadcast

occurred on May 20, 1985. Since then,

Congress has made no further

authorization or appropriation of funds

for the Radio Marti compensation

program. 2 In the circumstances, we