[Federal Register Volume 66, Number 103 (Tuesday, May 29, 2001)]
[Notices]
[Pages 29127-29128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13409]
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ENVIRONMENTAL PROTECTION AGENCY
[ND-001-0008; AD-FRL-6973-1]
Approval and Promulgation of State Implementation Plans; North
Dakota; Notice of Potential Violations of the Prevention of Significant
Deterioration Increments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Information notice.
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SUMMARY: North Dakota has conducted a draft modeling analysis that
shows numerous violations of the Class I prevention of significant
deterioration (PSD) increments for sulfur dioxide (SO2) in
four Class I areas. Those Class I areas include Theodore Roosevelt
National Park, the Lostwood Wilderness Area, the Medicine Lakes
Wilderness Area, and the Fort Peck Class I Indian Reservation. In a
March 13, 2001 letter to EPA, the North Dakota Department of Health has
committed to refine this modeling analysis and to subsequently adopt
revisions to the State Implementation Plan (SIP) as may be necessary to
address the increment violations that may be shown by the revised
analysis. The purpose of this document is to inform the public of
potential increment violations and of the commitments made by the North
Dakota Department of Health to address the potential violations.
EFFECTIVE DATE: May 29, 2001.
ADDRESSES: Relevant documents are available for public inspection
during normal business hours at the Air and Radiation Program,
Environmental Protection Agency, Region VIII, 999 18th Street, Suite
300, Denver, Colorado 80202-2405. Interested persons should contact the
person listed below to arrange for a mutually agreeable time to view
these documents.
FOR FURTHER INFORMATION CONTACT: Amy Platt, Air and Radiation Program,
Environmental Protection Agency, Region VIII, (303) 312-6449.
SUPPLEMENTARY INFORMATION:
I. What Is the Purpose of This Document?
The purpose of this document is to inform the public of the
commitments made by the North Dakota Department of Health regarding
draft modeling studies that have shown violations of the PSD increment
for SO2 in four Class I areas. Those Class I areas include
Theodore Roosevelt National Park and the Lostwood Wilderness Area, both
of which are in North Dakota, and the Medicine Lakes Wilderness Area
and the Fort Peck Class I Indian Reservation, both of which are within
the State of Montana. In a March 13, 2001 letter to EPA, the North
Dakota Department of Health has committed to refine this modeling
analysis and to subsequently adopt revisions to its SIP as may be
necessary to address the increment violations that may be shown by the
revised modeling analysis. Specifically, the North Dakota Department of
Health made the following commitments:
By April 1, 2001--The State will develop an air quality
modeling protocol.
By January 2, 2002--The State will complete its modeling
analysis (or within nine months from the time EPA completes its review
of the modeling protocol).
By February 1, 2002--The State will provide EPA with a
summary of its modeling analysis.
By August 1, 2003--The State will complete a SIP revision
to resolve the increment issue (if the modeling analysis shows that the
increment is exceeded).
Note that EPA is publishing the State's commitments in order to inform
the public of the process that the State and EPA are following to
address the increment violations modeled by the State. However, this
document does not make the State's commitments legally binding.
EPA responded to the State in a letter dated March 28, 2001.
Specifically, EPA stated that, in light of the State's March 13, 2001
commitment letter, we will not initiate formal action to call for a SIP
revision to address these violations of the PSD increments for
SO2. We acknowledged that the State needs to refine the
modeling analysis to better determine the appropriate control
strategy(ies) to address the violations, and we will work with the
State in its efforts. If the State does not meet its commitments, or if
the State and EPA cannot agree on an acceptable modeling protocol or on
acceptable control measures, we may decide to initiate a formal SIP
call.
II. What Are the PSD Increments?
The purpose of the PSD program of the Clean Air Act (Act), 42
U.S.C. 7470-7479, is to ensure that the air quality in clean air areas
remains clean and does not deteriorate to the level of the national
ambient air quality standards (NAAQS). The mechanism created by
Congress to meet this goal is the establishment of ``PSD increments.''
These increments define the maximum allowable increases over baseline
concentrations that are allowed in a clean air area for a particular
pollutant. Any increase above this level indicates that significant
deterioration of air quality has occurred. Because only emissions
increases above the baseline concentration are considered in
determining how much increment has been consumed, the amount of
increment consumed can only be determined through air quality
dispersion modeling, not through direct monitoring of ambient
concentrations.
The Act provides for three different classes of air quality
protection, to reflect varying levels of protection from significant
deterioration in air quality. In the 1977 Clean Air Act Amendments,
Congress designated all international parks, national wilderness areas
and national memorial parks which exceed 5000 acres in size, and all
national parks
[[Page 29128]]
which exceed 6000 acres in size as mandatory Class I areas. Congress
also allowed States or Tribes to request redesignation of any area to
Class I air quality protection status. Class I areas are to receive
special protection from degradation of air quality, and the most
stringent PSD increments apply in these areas.
The Class I increments for SO2 are defined in section
163(b)(1) of the Act, 42 U.S.C. 7473(b)(1), as follows:
Annual arithmetic mean..................... 2 ug/m3
Twenty-four hour maximum................... 5 ug/m3
Three-hour maximum......................... 25ug/m3
These increments are also promulgated in EPA's PSD regulations at
40 CFR 52.21(c). North Dakota has adopted these increments as state
regulation in section 33-15-15-01.2.b. of the North Dakota
Administrative Code, which EPA approved as part of the SIP on November
2, 1979 (44 FR 63102).
For any averaging period other than an annual averaging period,
section 163(a) of the Act allows the increment to be exceeded during
one such period per year. Otherwise, section 163 of the Act provides
that the increments are not to be exceeded and that the SIP must
contain measures assuring that the increments will not be exceeded.
Section 110(a)(2)(D)(i)(II) of the Act, 42 U.S.C. 7410(a)(2)(D)(i)(II),
further requires the SIP to include provisions prohibiting any source
or other emitting activity within the State from emitting air pollution
in amounts that will interfere with measures to be included in any
other State's implementation plan to prevent significant deterioration
of air quality. EPA's PSD regulations also provide that the SIP must be
revised whenever EPA or the State determines that an applicable PSD
increment is being violated. (See 40 CFR 51.166(a)(3).)
III. How Can I Obtain More Information on This Matter?
Copies of the State's March 13, 2001 letter and EPA's March 28,
2001 response can be obtained from the contact person listed above. A
Background Document is also available, which discusses in greater
detail the PSD requirements of the Act, the history of PSD increment
violations in North Dakota Class I areas, and the State's draft
modeling analysis.
This notice today informs the public and identifies the appropriate
EPA regional office from which the public may gain further information
and review the relevant documents pertaining to this North Dakota PSD
increment issue.
Dated: April 20, 2001.
Jack W. McGraw,
Acting Regional Administrator, Region VIII.
[FR Doc. 01-13409 Filed 5-25-01; 8:45 am]
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