[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Proposed Rules]
[Pages 44452-44457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21277]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[ID-5-2-7075; FRL-5284-7]


Clean Air Act Promulgation of Reclassification of PM-10 
Nonattainment Areas in Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rule.

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SUMMARY: This action identifies those nonattainment areas in the State 
of Idaho which have failed to attain the National Ambient Air Quality 
Standards (NAAQS) for particulate matter with an aerodynamic diameter 
of less than or equal to ten micrometers (PM-10) by the applicable 
attainment date. This action also proposes to grant a one-year 
extension of the attainment date for the Power-Bannock Counties PM-10 
nonattainment area and the Sandpoint PM-10 nonattainment area in Idaho.

DATES: Comments on this proposed action must be received in writing by 
September 27, 1995.

ADDRESSES: Written comments should be addressed to: Montel Livingston, 
SIP Manager, Environmental Protection Agency, Air and Radiation Branch 
(AT-082), 1200 Sixth Avenue, Seattle Washington, 98101.

FOR FURTHER INFORMATION CONTACT: Steven K. Body, 206-553-0782, Air and 
Radiation Branch (AT-082), Environmental Protection Agency, 1200 Sixth 
Avenue, Seattle, Washington, 98101.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAA Requirements Concerning Designation and Classification

    Areas meeting the requirements of section 107(d)(4)(B) of the Act 
1 were designated nonattainment for PM-10 by operation of law and 
classified ``moderate'' upon enactment of the 1990 Clean Air Act 
Amendments. See generally Section 107(d)(4)(B). These areas included 
all former Group I PM-10 planning areas identified in 52 FR 29383 
(August 7, 1987), as further clarified in 55 FR 45799 (October 31, 
1990), and any other areas violating the National Ambient Air Quality 
Standards (NAAQS) for PM-10 prior to January 1, 1989.2 A Federal 
Register notice announcing the areas designated nonattainment for PM-10 
upon enactment of the 1990 Amendments, known as ``initial'' PM-10 
nonattainment areas, was published on March 15, 1991 (56 FR 11101), and 
a subsequent Federal Register notice correcting the description of some 
of those areas was published on August 8, 1991 (56 FR 37654). See 56 FR 
56694 (November 6, 1991) and 40 CFR 81.313 (for codified air quality 
designations and classifications in the State of Idaho). All initial 
moderate PM-10 nonattainment areas have the same applicable attainment 
date of December 31, 1994.

    \1\ The 1990 Amendments to the Clean Air Act made significant 
changes to the Act. See Public Law No. 101-549, 104 Stat. 2399. 
References herein are to the Clean Air Act as amended (``Act'' or 
``CAA''), which is codified at 42 U.S.C. 7401 et seq.
    \2\ Many of these other areas were identified in footnote 4 of 
the October 31, 1990 Federal Register notice.
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    States containing initial moderate PM-10 nonattainment areas were 
required to develop and submit to EPA by November 15, 1991, a SIP 
revision providing for, among other things, implementation of 
reasonably available control measures (RACM), including reasonably 
available control technology (RACT), and a demonstration either that 
the plan would provide for attainment of the PM-10 NAAQS by December 
31, 1994 or that attainment by that date was impracticable. See Section 
189(a). 

[[Page 44453]]


B. Attainment Determinations

    All PM-10 areas designated nonattainment pursuant to section 
107(d)(4)(B) of the Act were initially classified ``moderate'' by 
operation of law upon enactment of the 1990 Clean Air Act Amendments. 
See Section 188(a). Pursuant to sections 179(c) and 188(b)(2) of the 
Act, EPA has the responsibility of determining within six months of the 
December 31, 1994, attainment date whether PM-10 nonattainment areas 
have attained the NAAQS. Determinations under section 179(c)(1) of the 
Act are to be based upon an area's ``air quality as of the attainment 
date.'' Section 188(b)(2) is consistent with this requirement. 
Generally, EPA will determine whether an area's air quality is meeting 
the PM-10 NAAQS for purposes of section 179(c)(1) and 188(b)(2) based 
upon data gathered at established State and Local Air Monitoring 
Stations (SLAMS) in the nonattainment area and entered into the 
Aerometric Information Retrieval System (AIRS). Data entered into the 
AIRS has been determined by EPA to meet federal monitoring requirements 
(see 40 CFR 50.6 and appendix J, 40 CFR part 53, 40 CFR part 58, 
appendix A & B) and may be used to determine the attainment status of 
areas. EPA will also consider air quality data from other air 
monitoring stations in the nonattainment area provided that it meets 
the federal monitoring requirements for SLAMS. All data will be 
reviewed to determine the area's air quality status in accordance with 
EPA guidance at 40 CFR part 50, appendix K.
    Attainment of the annual PM-10 standard is achieved when the annual 
arithmetic mean of four valid quarterly averages of the PM-10 
concentration over a three-year period (1992, 1993 and 1994 for areas 
with a December 31, 1994 attainment date) is equal to or less than 50 
micrograms per cubic meter (g/m3). Attainment of the 24-
hour standard is determined by calculating the expected number of days 
in a year with PM-10 concentrations greater than 150 g/
m3. The 24-hour standard is attained when the expected number of 
days with levels above 150 g/m3 (averaged over a three-
year period) is less than or equal to one (1.0). Three consecutive 
years of air quality data is generally necessary to show attainment of 
the annual and 24-hour standard for PM-10. See 40 CFR part 50 and 
appendix K.

C. Reclassification to Serious

    A PM-10 nonattainment area may be reclassified from ``moderate'' to 
``serious,'' which imposes new air quality planning obligations, in one 
of two ways. First, EPA has general discretion to reclassify a moderate 
PM-10 area to serious if at any time EPA determines the area cannot 
practicably attain the PM-10 standard by the applicable attainment 
date. See Section 188(b)(1). EPA bases its decisions to reclassify an 
area as serious before the attainment date on special facts or 
circumstances related to the affected nonattainment area which 
demonstrate that the area cannot practicably attain the standard by the 
applicable attainment date.
    Second, under section 188(b)(2) of the Act, a moderate area will be 
reclassified as serious by operation of law if EPA finds that the area 
is not in attainment by the applicable attainment date. Pursuant to 
section 188(b)(2)(B) of the Act, EPA must publish a Federal Register 
notice within six months after the applicable attainment date 
identifying those areas which have failed to attain the standard and 
are reclassified to serious by operation of law. See Section 188(b)(2); 
see also Section 179(c)(1).

D. Extension of the Attainment Date

    The Act provides the Administrator with the discretion to grant a 
one-year extension of the attainment date for a moderate PM-10 
nonattainment area, provided certain criteria are met. See Section 
188(d). If an area does not have the necessary number of consecutive 
years of clean air quality data to show attainment of the NAAQS, a 
State may apply for up to two one-year extensions of the attainment 
date for that area. The statute sets forth two criteria a moderate 
nonattainment area must satisfy in order to obtain an extension: (1) 
The State has complied with all the requirements and commitments 
pertaining to the area in the applicable implementation plan; and (2) 
the area had no more than one exceedance of the 24-hour PM-10 standard 
in the year preceding the extension year, and the annual mean 
concentration of PM-10 in the area for the year preceding the extension 
year is less than or equal to the standard. See Section 188(d).
    The authority delegated to the Administrator to extend attainment 
dates for moderate PM-10 nonattainment areas is discretionary: Section 
188(d) of the Act provides that the Administrator ``may'' extend the 
attainment date for areas that meet the minimum requirements specified 
above. The provision does not dictate or compel that EPA grant 
extensions to such areas even if these conditions are met.
    In exercising this discretionary authority for PM-10 nonattainment 
areas, EPA examines, in addition to the two statutory criteria 
discussed above, the air quality planning progress made in the moderate 
area. See November 14, 1994 Memorandum from Sally L. Shaver, Director, 
Air Quality Strategies and Standards Division entitled ``Criteria for 
Granting 1-Year Extensions of Moderate PM-10 Nonattainment Area 
Attainment Dates, Making Attainment Determinations, and Reporting on 
Quantitative Milestones.'' EPA is disinclined to grant an attainment 
date extension unless a State has, in substantial part, addressed its 
moderate PM-10 nonattainment area planning obligations. In order to 
determine whether the State has substantially met these planning 
requirements, EPA reviews the State's application for the attainment 
date extension to determine whether the State has: (1) Adopted and 
substantially implemented control measures that represent RACM/RACT in 
the moderate nonattainment area; and (2) demonstrated that the area has 
made emission reductions amounting to reasonable further progress (RFP) 
toward attainment of the PM-10 NAAQS as defined in section 171(1) of 
the Act. RFP for PM-10 nonattainment areas is defined in section 171(1) 
of the Act as annual incremental emission reductions to ensure 
attainment of the applicable NAAQS (PM-10) by the applicable attainment 
date.
    If the State does not have the requisite number of years of clean 
air quality data to show attainment and does not apply or qualify for 
an attainment date extension, the area will be reclassified to serious 
by operation of law under section 188(b)(2) of the Act. If an extension 
of the attainment date is granted, at the end of the extension year EPA 
will again determine whether the area has attained the PM-10 NAAQS. If 
the requisite three consecutive years of clean air quality data needed 
to determine attainment are not met for the area, the State may apply 
for a second one-year extension of the attainment date. In order to 
qualify for the second one-year extension of the attainment date, the 
State must satisfy the same requirements listed above for the first 
extension. In addition, EPA will consider the State's PM-10 planning 
progress for the area during the year for which the first extension was 
granted. If a second extension is granted and the area does not have 
the requisite three consecutive years of clean air quality data needed 
to demonstrate attainment at the end of the second extension, no 
further extensions of the attainment date can be granted and the area 
will be 

[[Page 44454]]
reclassified serious by operation of law. See Section 188(d).

II. Summary of EPA's Proposed Action

    Today's action announces EPA's determination that the Power-Bannock 
Counties PM-10 nonattainment area and the Sandpoint PM-10 nonattainment 
area have each failed to attain the PM-10 NAAQS by the applicable 
attainment date of December 31, 1994. This determination is based upon 
air quality data which show there were violations of the PM-10 NAAQS 
during the period from 1992 to 1994.
    The State of Idaho has requested a one-year extension of the PM-10 
attainment date for both the Power-Bannock Counties PM-10 nonattainment 
area and the Sandpoint PM-10 nonattainment area. EPA has reviewed the 
extension requests and is, with this notice, proposing to grant a one-
year extension of the attainment date for each area. This determination 
is based upon available air quality data and a review of the State's 
progress in implementing the planning requirements that apply to 
moderate PM-10 nonattainment areas.

A. Power-Bannock Counties PM-10 Nonattainment Area

    The Power-Bannock Counties PM-10 nonattainment area is comprised of 
State lands within portions of both Power and Bannock Counties and both 
trust and fee lands within a portion of the exterior boundaries of the 
Fort Hall Indian Reservation. The State of Idaho operates four PM-10 
SLAMS monitoring sites in the nonattainment area, all of which are on 
State lands. Data from these State sites have been deemed valid by EPA 
and have been submitted by the State of Idaho for inclusion in the AIRS 
network.
1. Air Quality Data
    Whether an area has attained the PM-10 NAAQS is based exclusively 
upon measured air quality levels over the most recent and complete 
three calendar year period. See 40 CFR part 50 and appendix K. For 
areas with an attainment date of December 31, 1994, this three-year 
period covers calendar years 1992, 1993 and 1994. Data from calendar 
year 1994 is also used in determining whether an area with a December 
31, 1994 attainment date meets the air quality criteria for granting a 
one-year extension to the attainment date under section 188(d).
    A review of the data reported for the SLAMS sites in the Power-
Bannock Counties PM-10 nonattainment area for the calendar years 1992, 
1993 and 1994 shows no violations of the annual PM-10 standard at any 
of the sites. Measured PM-10 concentrations above the level of the 24-
hour NAAQS were recorded at two SLAMS monitoring sites on January 7, 
1993. As a result of the State's sampling frequency of one in every six 
day, the expected number of exceedances for the 1993 calendar year at 
the SLAMS sites is 6.0 at one site and 6.2 at the second (calculated in 
accordance with appendix K). No measured values above the level of the 
24-hour NAAQS were reported in 1992 or 1994. Therefore, the three-year 
average (1992, 1993 and 1994) expected exceedance rate of the 24-hour 
standard at the SLAMS sites is 2.0 and 2.3 respectively, (calculated in 
accordance with appendix K).
    Private industry in the Power-Bannock Counties PM-10 nonattainment 
area funded and operated a seven-station monitoring network in and near 
a portion of the nonattainment area known as the ``industrial complex'' 
for one year, from October 1, 1993 through September 30, 1994 (referred 
to as the ``EMF network''). EPA has determined the data from this 
network are valid. There were no reported 24-hour concentrations above 
the level of the 24-hour NAAQS during the year the network was in 
operation. EMF Site #2, which is located at the site in the 
nonattainment area predicted to have the maximum industrial air quality 
impact, is located immediately adjacent to the industrial complex on 
State lands, adjacent to the Reservation boundary. EMF Site #2 reported 
an annual concentration greater than the 50 g/m3 level of 
the annual PM-10 standard for the one-year period the network was in 
operation. EMF Site #2 also reported several 24 hour PM-10 
concentrations at or near the level of the 24-hour PM-10 NAAQS.
2. Attainment of the PM-10 NAAQS
    The Power-Bannock Counties PM-10 nonattainment area does not attain 
the 24-hour PM-10 NAAQS. The PM-10 concentrations reported at two SLAMS 
monitoring stations on January 7, 1993, exceeded the level of the 
NAAQS. Because of the sampling frequency (one in every six days), the 
expected exceedance rate for the three-year period from 1992 through 
1994 at two sites is greater than one (1.0) which represents a 
violation of the 24-hour NAAQS.
3. Extension of Attainment Date
    EPA is action proposing to grant the State's request for a one-year 
extension of the attainment date, from December 31, 1994 to December 
31, 1995, for the Power-Bannock Counties PM-10 nonattainment area.
    a. Compliance with Applicable SIP. Based on information available 
to EPA, EPA believes that the State of Idaho is in compliance with all 
requirements and commitments in the applicable implementation plan that 
pertain to the Power-Bannock Counties PM-10 nonattainment area. EPA 
provides oversight of the Idaho air program, including implementation 
of the Idaho State Implementation Plan (SIP). EPA conducts annual 
oversight inspections of sources throughout the State of Idaho. Results 
from these inspections indicate that the State is meeting the 
requirements and commitments of the statewide SIP. Although the State 
has submitted its moderate PM-10 nonattainment plan for the Power-
Bannock Counties nonattainment area as a SIP revision, EPA has not yet 
taken action on that plan. Therefore, this plan is not yet an 
``applicable implementation plan'' for the Power-Bannock Counties PM-10 
nonattainment area. For further discussion of the State's compliance 
with the applicable SIP, please refer to the Technical Support 
Document.
    b. Air Quality Data. As discussed above, there were no measured 
levels above the 24-hour NAAQS at any of the SLAMS monitoring sites or 
any of the EMF monitoring sites during calendar year 1994. In addition, 
the annual mean concentration of PM-10 at each of the SLAMS monitoring 
sites during calendar year 1994 was below the level of the annual 
NAAQS.
    As discussed above, however, EMF Site #2 recorded an annual average 
above the annual standard for the one-year period from October 1, 1993 
to September 30, 1994. EPA believes that the recorded PM-10 levels at 
several of the monitoring sites in the EMF network, particularly EMF 
Site #2, indicate that air quality problems continue in the Power-
Bannock Counties PM-10 nonattainment area and that additional controls 
will likely be necessary to bring the area into attainment. EPA does 
not believe, however, that the data recorded at EMF Site #2 precludes 
EPA from granting the State's request for a one-year extension of the 
attainment date under section 188(d) of the Act. The EMF monitoring 
network did not collect a year's worth of data in calendar year 1994. 
Appendix K of 40 CFR part 50 specifies the data requirements that apply 
in determining an area's attainment status and provides methods for 
filling gaps in data. EPA believes that these same data requirements 
should be applied in determining the annual mean 

[[Page 44455]]
concentration of PM-10 in connection with an extension request under 
section 188(d) of the Act. Even after applying the appendix K ``gap-
filling'' techniques for the reported data from EMF Site #2 for the 
missing quarter of data in 1994, the question of whether the annual 
mean concentration is above the level of the annual standard during 
1994 remains ambiguous. In other words, the data does not conclusively 
show a violation of the annual standard during calendar year 1994. 
Accordingly, EPA does not believe that the PM-10 concentrations 
recorded at EMF Site #2 preclude EPA from exercising its discretion to 
grant the State's request for a one-year extension of the attainment 
date. Please refer to the Technical Support Document for further 
analysis of the EMF data.
    c. Substantial Implementation of Control Measures. The State of 
Idaho, along with several local agencies, has developed and implemented 
several significant control measures on sources located on State lands 
within the Power-Bannock Counties PM-10 nonattainment area. The State 
submitted these control measures to EPA as a SIP revision in May 1993 
and in supplemental submittals since that time. These measures consist 
of a comprehensive residential wood combustion program, including a 
mandatory woodstove curtailment program; stringent controls on fugitive 
road dust, including controls on winter road sanding and a limited 
unpaved road paving program; and operating permits that represent RACT 
for J.R. Simplot's facility in the industrial complex and Ashgrove 
Cement's facility near Inkom, the only two major stationary sources of 
PM-10 on State lands in the nonattainment area. EPA has conducted a 
preliminary review of these measures and believes that they 
substantially meet EPA's guidance for RACM, including RACT, for sources 
of primary particulate for purposes of an extension under section 
188(d).
    After the State submitted its moderate area SIP in May 1993, the 
State learned that PM-10 precursors contribute significantly to 
wintertime violations of the PM-10 standard in the area. In cooperation 
with the Tribes and EPA, the State developed a work plan for developing 
an emission inventory of sources of PM-10 precursors in the 
nonattainment area and controls for such sources. The State is moving 
forward on this precursor plan and expects to have controls in place on 
major stationary sources of PM-10 precursors by March 1997. EPA 
believes that the State's schedule for addressing the contribution of 
precursors is expeditious and that the State is making progress on the 
workplan. Because the contribution of precursors came to light only 
late in the planning process, EPA does not believe that the State's 
failure to have actually adopted or implemented controls on sources of 
PM-10 precursors on State lands within the nonattainment area is 
grounds, in and of itself, for denying the State's request for a one-
year extension.
    With respect to PM-10 sources located on Tribal lands within the 
nonattainment area, a gap in planning responsibilities for these 
sources currently exists. In developing its control strategy, the State 
did not seek to impose controls on any sources located within the 
Reservation portion of the nonattainment area or attempt to demonstrate 
to EPA that it had the authority to issue and enforce such controls on 
Reservation sources. As EPA has previously stated, EPA does not believe 
a Clean Air Act program submitted by a State should be disapproved 
because it fails to address air resources within the exterior 
boundaries of an Indian Reservation. See 59 FR 43956, 43982 (August 25, 
1994) (proposed rule implementing section 301(d)).
    Nor does EPA currently have the authority to recognize as federally 
enforceable controls that the Shoshone-Bannock Tribes have imposed or 
could impose on PM-10 sources located on Reservation lands within the 
nonattainment area. Although the Clean Air Act Amendments of 1990 
greatly expanded the role of Indian Tribes in implementing the 
provisions of the Clean Air Act on Reservation lands, EPA has not yet 
issued the final rules necessary for EPA to recognize Tribal air 
programs as federally enforceable. See Section 301(d); 59 FR 43956.
    EPA is currently working on a proposed rule imposing controls on 
sources of PM-10 on the Tribal portion of the nonattainment area. EPA 
believes it would be unfair to burden the State and the Pocatello area 
with new serious nonattainment area planning requirements because of 
the gap in the planning process and the resulting lack of federally-
enforceable controls on Tribal sources at this time. Accordingly, EPA 
believes that the State has adequately demonstrated, for purposes of an 
extension under section 188(d) of the Act, that it has adopted and 
substantially implemented control measures representing RACT/RACM in 
the nonattainment area.
    d. Emission Reduction Progress. On March 30, 1995, the State of 
Idaho submitted to EPA the milestone report as required by section 
189(c)(2) of the Act to demonstrate annual incremental emission 
reductions and reasonable further progress. In that report, the State 
discusses implementation of the control measures adopted as part of the 
control strategy in the SIP and the emission reductions that have been 
achieved as a result of the State's control strategy. Implementation of 
these control measures represents a reduction in annual allowable 
emissions in the nonattainment area of 1439.63 tons per year from point 
sources.
    The effect of the area source control measures on air quality is 
reflected in the reported ambient measurements at the SLAMS monitoring 
sites, most of which have been operating for more than seven years. 
Data from these sites show no violations of the 24-hour standard 
attributable to primary particulate since 1992 and that the expected 
exceedance rate has decreased at all sites, with the exception of the 
January 1993 violations which are attributable to secondary aerosol. 
The annual average concentrations have likewise shown a downward trend 
from a maximum of 51 ug/m\3\ at the STP site in 1990 to 34.5 ug/m\3\ at 
the STP site in 1994. This trend is further evidence that the State's 
implementation of control measures on sources of primary particulate on 
State lands has resulted in emission reductions amounting to reasonable 
further progress in the Power-Bannock Counties PM-10 nonattainment 
area.
    In summary, EPA proposes to grant the State's request for a one-
year extension of the attainment date, from December 31, 1994 to 
December 31, 1995, for the Power-Bannock Counties PM-10 nonattainment 
area. In doing so, EPA emphasizes that the authority to grant an 
extension of the attainment date under section 188(d) is discretionary 
and that EPA might, under other circumstances, be disinclined to grant 
an extension for an area with similar air quality data. In particular, 
EPA notes that the data collected from certain monitors in the EMF 
network indicate that air quality problems remain and must still be 
addressed in the Power-Bannock Counties PM-10 nonattainment area. EPA 
believes, however, that the high 24-hour and annual PM-10 levels 
recorded at some of the EMF monitors are primarily attributable to the 
gap in planning responsibility for the Tribal portion of the 
nonattainment area. Because of the unique jurisdictional issues related 
to this particular nonattainment area, the fact that the area 
technically meets the data requirements for an extension and the fact 
that the State has demonstrated that it has adopted and substantially 

[[Page 44456]]
implemented control measures on sources of primary particulate on State 
lands resulting in emission reductions amounting to reasonable further 
progress, EPA proposes to exercise its discretion to grant the Power-
Bannock Counties nonattainment area a one-year extension of the 
attainment date.

B. Sandpoint PM-10 Nonattainment Area
    The Sandpoint PM-10 nonattainment area includes the Cities of 
Sandpoint, Kootenai and Ponderay and is located in the northern part of 
the Idaho panhandle.
1. Air Quality Data
    The Sandpoint nonattainment area has one PM-10 monitoring site at 
the Post Office building in downtown Sandpoint. This SLAMS site was 
established in 1986. Sampling frequencies vary seasonally, with one 
sample every other day during the winter (October 1 through March 31), 
and one sample every six days during the rest of the year. Data from 
this site has been deemed valid by EPA and submitted by the State of 
Idaho for inclusion in the AIRS system.
    A review of the data for calendar years 1992, 1993 and 1994 shows 
no violations of the annual PM-10 standard in the Sandpoint PM-10 
nonattainment area. During this same three-year period, there were 
three reported measurements above the level of the 24-hour NAAQS. In 
calendar year 1992 there was one level above the NAAQS in the first 
quarter (during every other day sampling) and one in the third quarter 
(during one in every six day sampling). There were no measured levels 
above the 24-hour NAAQS in calendar year 1993. In calendar year 1994, 
there was one measurement above the 24-hour NAAQS in the first quarter 
during every other day sampling.
2. Attainment of the PM-10 NAAQS
    The Sandpoint PM-10 nonattainment area does not attain the 24-hour 
PM-10 NAAQS. PM-10 concentrations reported from the SLAMS monitoring 
station at the Post Office exceeded the level of the NAAQS three times 
from 1992 to 1994. Because of the sampling frequency, the expected 
exceedance rate for this three-year period is 3.5 (calculated in 
accordance with appendix K), which represents a violation of the 24-
hour standard.
3. Extension of Attainment Date
    EPA is by this action proposing to grant the State's request for a 
one-year extension of the attainment date, from December 31, 1994 to 
December 31, 1995, for the Sandpoint PM-10 nonattainment area.
    a. Compliance with Applicable SIP. Based on information available 
to EPA, EPA believes the State of Idaho is in compliance with all 
requirements and commitments in the applicable implementation plan that 
pertains to the Sandpoint PM-10 nonattainment area. As discussed above, 
EPA believes that the State is meeting the requirements and commitments 
of the statewide SIP. Although the State has submitted its moderate PM-
10 nonattainment area plan as a SIP revision, EPA has not yet taken 
action on that plan. Therefore, the submitted plan is not yet an 
``applicable implementation plan'' for the Sandpoint PM-10 
nonattainment area.
    b. Air Quality Data. As discussed above, there was one measured 
level above the 24-hour NAAQS during calendar year 1994. The annual 
mean concentration of PM-10 was 37 g/m3 during 1994, well 
below the standard. Therefore, the Sandpoint PM-10 nonattainment area 
meets the extension criteria of no more than one exceedance of the 24-
hour NAAQS and an annual mean concentration less than or equal to the 
standard for the year preceding the extension year.
    c. Substantial Implementation of Control Measures. The State of 
Idaho, along with several local agencies, has developed and implemented 
several significant control measures on sources within the Sandpoint 
PM-10 nonattainment area. The State submitted these control measures to 
EPA as a SIP revision on May 18, 1993, and in supplemental submissions 
since that time. These measures consist of a comprehensive residential 
wood combustion program, including a mandatory woodstove curtailment 
program; stringent controls on fugitive road dust, including controls 
on winter road sanding and a limited unpaved road paving program; and 
new or revised operating permits for the four major point sources in 
the nonattainment area, Lake Pre-Mix, L.D. McFarland Co., Interstate 
Concrete and Asphalt, and Louisiana-Pacific Corporation. EPA has 
conducted a preliminary review of these measures and believes that they 
substantially meet EPA's guidance for RACM, including RACT for purposes 
of granting an extension under section 188(d) of the Act.
    d. Emission Reduction Progress. On March 30, 1995, the State of 
Idaho submitted to EPA the milestone report required by section 
189(c)(2) of the Act to demonstrate annual incremental emission 
reductions and reasonable further progress in the Sandpoint area. In 
that report, the State discusses implementation of the control measures 
adopted as part of the control strategy in the SIP and the emission 
reductions that have been achieved as a result of the State's control 
strategy. EPA believes that the reductions in allowable emissions for 
the industrial sources demonstrates reasonable further progress in the 
Sandpoint nonattainment area.
    In summary, for the reasons discussed above, EPA proposes to grant 
the State's request for a one-year extension of the attainment date for 
the Sandpoint PM-10 nonattainment area from December 31, 1994 to 
December 31, 1995.

III. Requests for Public Comments

    EPA is requesting comments on all aspects of today's proposal. As 
indicated at the outset of this notice, EPA will consider any comments 
received by September 27, 1995.

IV. Administrative Review

    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.
    Under E.O. 12866, 58 FR 51735 (October 4, 1993), EPA is required to 
determine whether regulatory actions are significant and therefore 
should be subject to OMB review, economic analysis, and the 
requirements of the Executive Order. The Executive Order defines a 
``significant regulatory action'' as one that is likely to result in a 
rule that may meet at least one of the four criteria identified in 
section 3(f), including, under paragraph (1), that the rule may ``have 
an annual effect on the economy of $100 million or more or adversely 
affect, in a material way, the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities.''
    The Agency has determined that the determinations of nonattainment 
and attainment date extensions proposed today would result in none of 
the effects identified in section 3(f). Under section 188(b)(2), 
findings of nonattainment are based upon air quality considerations and 
must occur by operation of law in light of certain air quality 
conditions. They do not, in and of themselves, 

[[Page 44457]]
impose any new requirements on any sectors of the economy. In addition, 
because the statutory requirements are clearly defined with respect to 
the differently classified areas, and because those requirements are 
automatically triggered by classifications that, in turn, are triggered 
by air quality values, the nonattainment determinations and 
reclassification cannot be said to impose a materially adverse impact 
on State, local, or tribal governments or communities. In addition, 
attainment date extensions under section 188(d) of the CAA do not 
impose any new requirements on any sectors of the economy; nor do they 
result in a materially adverse impact on State, local, or tribal 
governments or communities.
    Determinations of nonattainment areas under section 188(b)(2) of 
the CAA and extensions under section 188(d) of the CAA do not create 
any new requirements. Therefore, because these actions do not impose 
any new requirements, I certify that it does not have a significant 
impact on small entities.
    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany 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. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. 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 to the private sector, result from this 
action.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air 
Act Amendments enacted on November 15, 1990. The EPA has determined 
that this action conforms with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate 
matter, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: April 10, 1995.
Charles Findley,
Acting Regional Administrator.
[FR Doc. 95-21277 Filed 8-25-95; 8:45 am]
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