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61111
Federal Register
/Vol. 68, No. 207/Monday, October 27, 2003/Rules and Regulations
* * * * *
[FR Doc. 03
–
26919 Filed 10
–
24
–
03; 8:45 am]
BILLING CODE 6560
 –
50
 –
P
ENVIRONMENTAL PROTECTIONAGENCY40 CFR Parts 52 and 81
[Docket # OR
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02
 –
003a; FRL
 –
7572
 –
7]
Approval and Promulgation of AirQuality Implementation Plans; State ofOregon; Grants Pass PM
 –
10Nonattainment Area Redesignation toAttainment and Designation of Areasfor Air Quality Planning Purposes
AGENCY
:
Environmental ProtectionAgency (EPA).
ACTION
:
Direct final rule.
SUMMARY
:
On November 4, 2002, theState of Oregon submitted a PM
–
10maintenance plan for Grants Pass toEPA for approval and concurrentlyrequested that EPA redesignate theGrants Pass nonattainment area toattainment for the National Ambient AirQuality Standard (NAAQS) forparticulate matter with an aerodynamicdiameter of less than ten micrometers(PM
–
10). In this action, EPA isapproving the maintenance plan andredesignating the Grants Pass PM
–
10nonattainment area to attainment.
DATES
:
This direct final rule will beeffective December 26, 2003, unless EPAreceives adverse comments byNovember 26, 2003. If relevant adversecomments are received, EPA willpublish a timely withdrawal of thedirect final rule in the
Federal Register
 informing the public that the rule willnot take effect.
ADDRESSES
:
Comments may besubmitted either by mail orelectronically. Written commentsshould be mailed to Steven K. Body,Office of Air Quality, (OAQ 
–
107), EPARegion 10, 1200 Sixth Avenue, Seattle,Washington, 98101. Electroniccomments should be sent either to
r10.aircom@epa.gov 
or to
http:// www.regulations.gov 
which is analternative method for submittingelectronic comments to EPA. To submitcomments, please follow the detailedinstructions described in the
SUPPLEMENTARY INFORMATION
section,Part VII, General Information. Copies of the documents relevant to this actionare available for public inspectionduring normal business hours at theEPA, Region 10, Office of Air Quality,1200 Sixth Avenue, Seattle WA.
FOR FURTHER INFORMATION CONTACT
:
 Steven K. Body, State and TribalPrograms Unit, Office of Air Quality,(OAQ 
–
107), EPA Region 10, 1200 SixthAvenue, Seattle, WA 98101. Telephonenumber: (206) 553
–
0782, or e-mailaddress at
body.steve@epa.gov.
SUPPLEMENTARY INFORMATION
:
 Throughout this document, wherever
‘‘
we,
’’
 
‘‘
us,
’’
or
‘‘
our
’’
is used, we meanthe EPA. Please note that if EPAreceives relevant adverse comment onan amendment, paragraph or section of this rule and if that provision may besevered from the remainder of the rule,EPA may adopt as final those provisionsof the rule that are not the subject of arelevant adverse comment.
Table of Contents
I. What Is the Purpose of This Action?II. Why Was Grants Pass DesignatedNonattainment?III. How Can a Nonattainment Area BeRedesignated Attainment?IV. Did the State Follow AppropriateAdministrative Procedures BeforeSubmitting All the Relevant Material toEPA?V. Evaluation of the Redesignation Requestand Maintenance PlanA. The Area Must Have Attained the PM
–
10 NAAQSB. The Area Must Have Met All ApplicableRequirements Under Section 110 andPart DC. Clean Air Act (CAA) Section 110RequirementsD. Part D RequirementsE. Section 172(c)(3)
—
Emissions InventoryF. Section 172(c)(5)
—
New Source Review(NSR)G. Section 172(c)(7)
—
Compliance WithCAA Section 110(a)(2): Air QualityMonitoring RequirementsH. The Area Must Have a Fully ApprovedSIP Under Section 110(k) of the CAAI. The Area Must Show the Improvementin Air Quality is Due to Permanent andEnforceable Emission Reductions. J. The Area Must Have a Fully ApprovedMaintenance Plan Under CAA Section175AK. Emissions Inventory
—
Attainment YearL. Demonstration of maintenanceM. Monitoring Network and Verification of Continued AttainmentN. Contingency PlanO. Transportation ConformityVI. Final ActionVII. General InformationVIII. Statutory and Executive Order Reviews
I. What Is the Purpose of This Action?
EPA is approving the Grants Pass PM
–
10 Maintenance Plan and redesignatingthe Grants Pass PM
–
10 nonattainmentarea to attainment. Grants Pass is a cityin southern Oregon with a population of approximately 36,000. In the late 1980
’
sGrants Pass recorded PM
–
10concentrations significantly above thelevel of the 24-hour PM
–
10 standard.
II. Why Was Grants Pass DesignatedNonattainment?
On November 15, 1990, the Clean AirAct Amendments of 1990 were enacted(Pub. L. 101
–
549, 104 Stat. 2399,codified at 42 U.S.C. 7401
–
7671q).Under section 107(d)(1)(C) of the CleanAir Act (CAA), the Grants Pass, Oregon,area was designated nonattainment forPM
–
10 by operation of law because thearea had been designated a Group Iplanning area before November 15,1990. Group I planning areas wereidentified on August 7, 1987. See 52 FR29383. On October 31, 1990, EPAclarified the description of certainGroup I planning areas, including theGrants Pass area. See 55 FR 45799.These areas were called
‘‘
initial PM
–
10nonattainment areas.
’’
On March 15,1991, EPA announced these areas andclassified them as moderate PM
–
10nonattainment areas. See 56 FR 11101.
III. How Can a Nonattainment Area BeRedesignated to Attainment?
Nonattainment areas can beredesignated to attainment after the areahas measured air quality data showingit has attained the NAAQS and whencertain planning requirements are met.Section 107(d)(3)(E) of the CAA, and theGeneral Preamble to Title I (57 FR13498) provide the criteria forredesignation. These criteria are furtherclarified in a policy and guidancememorandum from John Calcagni,September 4, 1992,
Procedures for Processing Requests to RedesignateAreas to Attainment.
The criteria forredesignation are:(1) The Administrator determines thatthe area has attained the relevantnational ambient air quality standard;(2) The Administrator has fullyapproved the applicableimplementation plan for the area undersection 110(k) of the Act;(3) The Administrator determines thatthe improvement in air quality is due topermanent and enforceable reductionsin emissions resulting fromimplementation of the applicableimplementation plan, applicableFederal air pollution controlregulations, and other permanent andenforceable reductions;(4) The Administrator has fullyapproved a maintenance plan for thearea as meeting the requirements of CAA section 175A; and(5) The State containing the area hasmet all requirements applicable to thearea under section 110 and part D of theCAA.Before an area can be redesignated toattainment, all applicable StateImplementation Plan (SIP) elements
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Federal Register
/Vol. 68, No. 207/Monday, October 27, 2003/Rules and Regulations
must be fully approved. The followingis a summary of EPA
’
s analysis andconclusion regarding the maintenanceplan of Grants Pass and the State
’
sredesignation request. Additional detailregarding EPA
’
s review and analysismay be found in the technical supportdocument which is located in the publicdocket for this action.
IV. Did the State Follow AppropriateAdministrative Procedures BeforeSubmitting All the Relevant Material toEPA?
The CAA requires States to followcertain procedural requirements forsubmitting SIP revisions to EPA. Section110(a)(2) of the CAA requires that eachSIP revision be adopted by the Stateafter reasonable notice and publichearing. The State then submits the SIPrevision to EPA.The Oregon Department of Environmental Quality (ODEQ), whichhas regulatory authority for sources of air pollution in the Grants Pass PM
–
10nonattainment area, developed the PM
–
10 maintenance plan. On May 20, 2002,ODEQ notified the public of the publichearing on the plan in the followingnewspapers:
Herald and News
, KlamathFalls, Oregon,
Daily Journal of Commerce
, Multnomah County, Oregon,
Grants Pass Daily Courier 
, Grants Pass,Oregon, and in the
Oregonian
, Portland,Oregon. On July 15, 2002, ODEQ heldthe public hearing at the Josephine Co.Courthouse, Grants Pass, Oregon. OnOctober 4, 2002, the State of Oregonadopted
A Plan for Maintaining theNational Ambient Air Quality Standards for Particulate Matter (PM– 10) In Grants Pass Urban GrowthBoundary Section 4.56 of the StateImplementation Plan.
 The State meets the requirements forreasonable notice and public hearingunder section 110(a)(2) of the CAA.
V. Evaluation of the RedesignationRequest and Maintenance Plan
A. The Area Must Have Attained thePM–10 NAAQS
Section 107(d)(3)(E)(i) of the CAArequires that the Administratordetermine that the area has attained theapplicable NAAQS. The primary 24-hour NAAQS for Particulate Matter withan aerodynamic diameter equal to orless than 10 micrometers (PM
–
10) is 150micrograms per cubic meter (ug/m3) fora 24-hour period (midnight tomidnight), not to be exceeded more thanonce per year averaged over threecalendar years. The annual NAAQS forPM
–
10 is 50 ug/m3 annual arithmeticaverage, averaged over three calendaryears. PM
–
10 in the ambient air ismeasured by a reference method basedon 40 CFR part 50, appendix J. EPAconsiders an area as attaining the PM
–
10 NAAQS when all of the PM
–
10monitors in the area have an exceedancerate of 1.0 or less averaged over threecalendar years. (See 40 CFR 50.6 and 40CFR part 50, appendix J.) In addition,the area must continue to showattainment through the date that EPApromulgates redesignation toattainment.Oregon
’
s redesignation request for theGrants Pass PM
–
10 area is based onvalid ambient air quality data forcalendar years 1987 through 2000. EPAreviewed this data as well as data forcalendar years 2001 and 2002. Therehave been no exceedances of the PM
–
10standard since 1988. These data werecollected and analyzed as required byEPA (see 40 CFR 50.6 and 40 CFR part50, appendix J). These data have metminimum quality assurancerequirements and have been certified bythe State as being valid. EPA analyzedall available PM
–
10 data collected from1988 through 2002 and determined thatthe Grants Pass area has not violated thePM
–
10 standard since 1990. Because of the form of the standard, it requiresthree years of data to show no violationof the standard. For Grants Pass, 1988,1989, and 1990, had an expectedexceedance rate of less than 1.0.
B. The Area Must Have Met All Applicable Requirements Under Section110 and Part D 
Section 107(d)(3)(E)(v) of the CAArequires that an area must meet allapplicable requirements under section110 and Part D of the CAA. EPAinterprets this to mean the State mustmeet all requirements that applied tothe area prior to, and at the time of, thesubmission of a complete redesignationrequest. Below is a summary of howOregon meets these requirements.
C. Clean Air Act (CAA) Section 110Requirements
On January 25, 1972, Oregonsubmitted the SIP to EPA. EPAapproved the SIP on May 31, 1972. See37 FR 10888. For purposes of redesignation, the Oregon SIP, includingthe Grants Pass PM
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10 SIP, werereviewed to ensure that the SIP satisfiesthe CAA requirements of section110(a)(2). See 40 CFR 52.1970 for acomplete listing of subsequent OregonSIP submittals and EPA approvals.
D. Part D Requirements
Part D provides general requirementsapplicable to all areas designatednonattainment. The generalrequirements are followed by a series of subparts specific to each pollutant. AllPM
–
10 nonattainment areas must meetthe applicable general provisions of subpart 1 (section 172) as well as thespecific PM
–
10 provisions in subpart 4,
‘‘
Additional Provisions for ParticulateMatter Nonattainment Areas.
’’
E. Section 172(c)(3)—EmissionsInventory 
Section 172(c)(3) of the CAA requiresa comprehensive, accurate, currentinventory of actual emissions from allsources in the Grants Pass PM
–
10nonattainment area.Oregon included in the proposedGrants Pass maintenance plan anemission inventory for calendar year1996. This year corresponds to the yearused in calculating the design value(discussed below) which is at a levelwell below the standard. This inventorythus represents emissions that are at alevel to protect the standard. Theinventory is comprehensive, accurateand current and meets the requirementsof section 172(c)(3) of the CAA.
F. Section 172(c)(5)—New SourceReview (NSR)
The Clean Air Act Amendments of 1990 contained revisions to the newsource review (NSR) programrequirements for the construction andoperation of new and modified majorstationary sources located innonattainment areas. The Act requiresstates to amend their SIPs to reflectthese revisions, but does not requiresubmittal of this element along with theother SIP elements. The Act established June 30, 1992 as the submittal date forthe revised NSR programs. See section189(a) of the Act. The General Preamblecalls for states to implement theirexisting NSR programs during theinterval preceding our formal approvalof their revised NSR programs.In Grants Pass, the requirements of the Part D NSR program will be replaced by the Prevention of SignificantDeterioration (PSD) program and themaintenance area NSR program uponthe effective date of redesignation. TheOregon Department of EnvironmentalQuality rules for new source review thatmeet both attainment andnonattainment area requirements(provisions of OAR Chapter 340,Divisions 200, 202, 209, 212, 216, 222,224, 225, and 268), that were in effecton October 8, 2002, were approved on January 22, 2003, (68 FR 2953) asmeeting the requirements of Title I,Parts C and D of the Clean Air Act.Portions of Divisions 222, 224, and225 were revised as part of the GrantsPass PM
–
10 Maintenance Plan and theKlamath Falls Maintenance Plan
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Federal Register
/Vol. 68, No. 207/Monday, October 27, 2003/Rules and Regulations
development effort. These rule revisionswere approved by EPA on January 22,2003 (68 FR 2953).Section 0030 and 0040 of Division204, effective October 8, 2002, areapproved in this action. These sectionsare revised to remove Grants Pass fromthe PM
–
10 Nonattainment Area list andadd it to the PM
–
10 Maintenance Arealist.
G. Section 172(c)(7)
—
Compliance WithCAA Section 110(a)(2): Air Quality Monitoring Requirements
Once an area is redesignated, the statemust continue to operate an appropriateair monitoring network in accord with40 CFR part 58 to verify attainmentstatus of the area.The State of Oregon has operated aPM
–
10 monitor in the Grants Pass area between 1987 and 1999 at the 11th andK Street site. A replacement site wasestablished in 1999 at the sewagetreatment plant and continues tooperate. In the proposed Grants Passmaintenance plan, the State of Oregoncommits to continued operation of thePM
–
10 monitoring station.
H. The Area Must Have a Fully Approved SIP Under Section 110(k) of the CAA
States containing initial moderatePM
–
10 nonattainment areas wererequired to submit, by November 15,1991, a nonattainment area plan thatimplemented reasonably availablecontrol measures (RACM) by December10, 1993, and demonstrate whether itwas practicable to attain the PM
–
10NAAQS by December 31, 1994. In orderto qualify for redesignation, the SIP forthe area must be fully approved undersection 110(k) of the Act, and mustsatisfy all requirements that apply to thearea. Oregon
’
s CAA Part D initial PM
–
10 plan for the Grants Pass PM
–
10nonattainment area was submitted onNovember 15, 1991. EPA approved theGrants Pass PM
–
10 attainment plan onDecember 17, 1993. See 58 FR 65934.Thus, the area has a fully approvednonattainment area SIP.
I. The Area Must Show the Improvement in Air Quality Is Due to Permanent and Enforceable Emission Reductions
Section 107(d)(3)(E)(iii) of the CAAprovides that for an area to beredesignated to attainment, theAdministrator must determine that theimprovement in air quality is due topermanent and enforceable reductionsin emissions resulting fromimplementation of the applicableimplementation plan, implementationof applicable Federal air pollutantcontrol regulations, and otherpermanent and enforceable reductions.The PM
–
10 emission reductions forthe Grants Pass area were achievedthrough a number of permanent andenforceable control measures includinga mandatory woodstove certificationprogram for all new stove sales, amandatory woodstove and open burningordinance, a ban on the sale andinstallation of uncertified woodstoves,emission limits for veneer dryers andwood fired boilers, and major sourceNSR. EPA approved these controlmeasures as part of the Part D SIPsubmittal on December 17, 1993. Thesecontrol measures will continue into themaintenance period for the Grants Passarea.The State has demonstrated that theair quality improvements in the GrantsPass area are the result of permanentenforceable emission reductions and arenot the result of either economic trendsor meteorology. EPA concludes that themodeling demonstration shows the areawill meet the NAAQS even under theworst case meteorological conditions.
 J. The Area Must Have a Fully Approved Maintenance Plan Under CAA Section175A
Section 107(d)(3)(E)(iv) of the CAAprovides that for an area to beredesignated to attainment, theAdministrator must have fully approveda maintenance plan for the area meetingthe requirements of section 175A of theCAA. As described below, Oregon hascomplied with the core requirementsnecessary for an approved maintenanceplan. Accordingly, today
’
s actionapproves the maintenance plan forGrants Pass, Oregon.
K. Emissions Inventory 
—
Attainment Year 
The plan must contain an attainmentyear emissions inventory to identify thelevel of emissions in the area which issufficient to attain the PM
–
10 NAAQS.This inventory is to be consistent withEPA
’
s most recent guidance onemissions inventories for nonattainmentareas available at the time and shouldrepresent emissions during the timeperiod associated with the monitoringdata showing attainment. The GrantsPass maintenance plan contains anaccurate, current, and comprehensiveemission inventory for calendar year1996. This year is consistent with thedesign value which was calculated for1996.
L. Demonstration of Maintenance
EPA policy contained in theSeptember 4, 1992, Calcagni memo,requires that the maintenance plancontain the same level of air qualitymodeling to demonstrate maintenancethat was used in the original attainmentplan to demonstrate attainment. TheGrants Pass attainment plan approved by EPA on December 17, 1993,contained simple proportionalmodeling. This approach was acceptable because Grants Pass is a simple air shedand residential wood combustion is aprimary source of emissionscontributing to the measured violations.EPA agreed with Oregon that simpleproportional modeling of emissionsfrom 1996 to the maintenance year of 2015 and the use of the 1996 designvalue would be an adequate approachfor the maintenance demonstration.Oregon projected emissions for theGrants Pass area to 2015 usingappropriate growth factors forpopulation and industrial growth. Theincrease in emissions from 1996 to 2015was used to predict both worst case 24-hour PM
–
10 and annual PM
–
10concentrations.The 24-hour 1996 design value is 78
µ
g/m
3
. The 1996 annual design value is20
µ
g/m
3
. Using the 1996 emissioninventory and the emissions growthprojections to 2015 of approximately15%, maintenance year PM
–
10concentrations can be calculated. Thisemission growth is due to populationgrowth and at the same time offset byreduction in woodstove emission due tothe turnover of uncertified stoves. Theprojected PM
–
10 levels will be 89
µ
g/m
3
 worst case 24-hour concentration and21.4
µ
g/m
3
annual averageconcentration in 2015. The 24-hour andannual standards will be maintained.
M. Monitoring Network and Verificationof Continued Attainment 
Continued ambient monitoring of anarea is required over the maintenanceperiod. Section 4.55.4.3 of the GrantsPass maintenance plan provides foradequate ambient monitoring to becontinued in the area for themaintenance period.
N. Contingency Plan
Section 175A of the Act requires thata maintenance plan include contingencyprovisions, as necessary, to correct anyviolation of the NAAQS that occurs afterredesignation. At a minimum, thecontingency provisions must include acommitment that the State implementall measures contained in thenonattainment SIP prior toredesignation.The Grants Pass maintenance plancontinues implementation of the controlmeasures contained in thenonattainment area SIP, with theexception of the nonattainment area
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