[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47276-47280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22160]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[AK-4-1-6027a, WA-7-1-5542a, WA-38-1-6974a; FRL-5277-9]


Clean Air Act Attainment Extensions for PM-10 Nonattainment 
Areas: Alaska and Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action identifies those nonattainment areas in the State 
of Alaska and the State of Washington 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 serves to 
grant a 1 year attainment date extension for three nonattainment areas: 
Mendenhall Valley, Alaska; Spokane, Washington; and Wallula, 
Washington, for PM-10.

DATES: This action will be effective on November 13, 1995 unless 
adverse or critical comments are received by October 12, 1995. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the State's request and other information 
supporting this proposed action are available for inspection during 
normal business hours at the following locations: EPA, Air & Radiation 
Branch (AT-082), 1200 Sixth Avenue, Seattle, Washington 98101; the 
Alaska Department of Environmental Conservation, 410 Willoughy, Suite 
105, Juneau, Alaska, 99801-1795; and the Washington State Department of 
Ecology, P.O. Box 47600, PV-11, Olympia, WA 98504-7600.

FOR FURTHER INFORMATION CONTACT: Christi Lee, Environmental Scientist, 
Air & Radiation Branch (AT-082), EPA, Seattle, Washington, (206) 553-
1814, or George Lauderdale, Environmental Protection Specialist, Air & 
Radiation Branch (AT-082), EPA, Seattle, Washington, (206) 553-6511.

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 81.303 and 40 CFR 81.348 (for 
codified air quality designations and classifications in the State of 
Alaska and Washington, respectively). 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. Sec. 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).

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 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 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 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/m\3\). 
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/m\3\. The 24-hour standard is attained when the 
expected number of days with levels above 150 g/m\3\ (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. 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 

[[Page 47277]]
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 reclassified serious by operation of law. See Section 188(d).

II. Summary of Today's Action

    Today's action announces EPA's determination that the Mendenhall 
Valley, Alaska, PM-10 nonattainment area and the Spokane and Wallula, 
Washington, PM-10 nonattainment areas 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 in each of these areas during the period 
from 1992 to 1994.
    The State of Alaska has requested a one-year extension of the PM-10 
attainment date for the Mendenhall Valley nonattainment area. The State 
of Washington has requested a one-year extension of the PM-10 
attainment date for both the Spokane PM-10 nonattainment area and the 
Wallula PM-10 nonattainment area. EPA has reviewed these extension 
requests and is granting 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. Mendenhall Valley, Alaska, PM-10 Nonattainment Area

    The Mendenhall Valley PM-10 nonattainment area is located nine 
miles from downtown Juneau and is Juneau's largest residential area.
1. Air Quality Data
    The Mendenhall Valley nonattainment area has three PM-10 monitoring 
sites: Floyd Dryden, Glacier Auto and Trio Street. These SLAMS sites 
were established in 1986, 1988, and 1989 respectively. Glacier Auto was 
discontinued in 1993. Sampling at the Floyd Dryden and Trio Street 
sites are every day. Sampling at Glacier Auto is every other day. Data 
from these sites have been deemed valid by EPA and submitted by the 
State of Alaska for inclusion in the AIRS system.
    A review of the data for calendar years 1992, 1993 and 1994 for the 
Mendenhall Valley PM-10 nonattainment area shows no violation of the 
annual PM-10 standard. During this same three year period, the Trio 
monitor reported one measurement above the level of the 24-hour NAAQS 
in calendar year 1992 and three measurements above the level of the 24-
hour NAAQS in calendar year 1993. There were no measured levels above 
the 24-hour NAAQS in calendar year 1994.
2. Attainment of the PM-10 NAAQS
    The Mendenhall Valley PM-10 nonattainment area does not attain the 
24-hour PM-10 NAAQS. PM-10 concentrations reported from the SLAMS 
monitoring station at Trio Street exceeded the level of the NAAQS three 
times in 1993. Because of the sampling frequency, the expected 
exceedance rate for this three-year period is 3.07 (calculated in 
accordance with appendix K), which represents a violation of the 24-
hour standard.
3. Extension of Attainment Date
    EPA is granting the State's request for a one-year extension of the 
attainment date, from December 31, 1994 to December 31, 1995, for the 
Mendenhall Valley PM-10 nonattainment area.
a. Compliance With Applicable SIP
    Based on information available to EPA, EPA believes the State of 
Alaska is in compliance with all requirements and commitments in the 
applicable implementation plan that pertains to the Mendenhall Valley 
PM-10 nonattainment area. EPA has fully approved the State's moderate 
PM-10 nonattainment area plan as a SIP revision for the Mendenhall 
Valley PM-10 nonattainment area. (52 FR 13885). EPA believes that the 
State is meeting the requirements and commitments of the statewide SIP 
and is in compliance with the Mendenhall Valley PM-10 SIP revision.
b. Air Quality Data
    As discussed above, there were no measured levels above the 24-hour 
NAAQS during calendar year 1994. The annual mean concentration of PM-10 
was 21 g/m\3\ during 1994, well below 

[[Page 47278]]
the standard. Therefore, the Mendenhall Valley 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 Alaska has developed and implemented a significant 
control measure on the major PM-10 source within the Mendenhall Valley 
nonattainment area. The measure consists of controlling fugitive road 
dust by implementing a Valley-wide street paving project. The EPA 
determined this control measure met EPA's guidance for RACM/RACT for 
sources in the nonattainment area and approved the State's SIP revision 
on April 25, 1994 (52 FR 13885).
d. Emission Reduction Progress
    On April 19, 1995, the State of Alaska 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 Mendenhall Valley area. In that report, which 
is contained in the docket supporting this rulemaking, 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. At the end of 
1994, 96 percent of the proposed road paving had been completed which 
reduced particulate emissions by 654 tons. EPA believes that the 
estimated reductions in emissions from the aggressive paving project 
demonstrates reasonable further progress in the Mendenhall Valley 
nonattainment area.
    In summary, for the reasons discussed above, EPA is granting the 
State's request for a one-year extension of the attainment date for the 
Mendenhall Valley PM-10 nonattainment area from December 31, 1994 to 
December 31, 1995.

B. Spokane PM-10 Nonattainment Area

    The Spokane PM-10 nonattainment area is an urban area located in 
the northeastern portion of the State of Washington.
1. Air Quality Data
    The Spokane nonattainment area has a relatively large PM-10 
monitoring system. PM-10 monitoring began in 1985 and there are 
currently three SLAMS sites and one NAMS site in the urban area. 
Sampling frequencies are one sample every six days at two sites and 
daily sampling at two sites. Data from all the sites have been deemed 
valid by EPA and submitted by the State of Washington 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 Spokane PM-10 
nonattainment area. During this same three-year period, there were a 
total of nine reported measurements above the level of the 24-hour 
NAAQS at the NAMS monitoring site located near downtown Spokane which 
has historically exceeded the standard with greatest frequency. In 
calendar year 1992 there were five recorded values above the NAAQS in 
September and October. In 1993 a total of four values were above the 
NAAQS (two in March, one in September and one in November). The three 
other monitoring sites also recorded levels above the 24-hour NAAQS in 
1992 and 1993. In calendar year 1994, there were no measurements at any 
site above the 24-hour NAAQS.
2. Attainment of the PM-10 NAAQS
    The Spokane PM-10 nonattainment area does not attain the 24-hour 
PM-10 NAAQS. Because of the sampling frequencies, the expected 
exceedance rate for the three-year period, at three of the sampling 
locations, is in 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 Spokane PM-10 nonattainment area.
a. Compliance With Applicable SIP
    Based on information available to EPA, EPA believes the State of 
Washington is in compliance with all requirements and commitments in 
the applicable implementation plan and statewide SIP requirements that 
pertain to the Spokane PM-10 nonattainment area. 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 Spokane 
PM-10 nonattainment area.
b. Air Quality Data
    As discussed above, there were no measured levels above the 24-hour 
NAAQS during calendar year 1994. The annual mean concentration of PM-10 
was 38 g/m\3\ during 1994, well below the standard. Therefore, 
the Spokane 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 Washington, along with the local air pollution control 
agency, has developed and implemented several significant control 
measures on sources within the Spokane PM-10 nonattainment area. The 
State submitted these control measures to EPA as a SIP revision on 
November 15, 1991, 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 road paving program; and emission limits on point sources 
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 purposes of granting an extension under 
section 188(d) of the Act.
d. Emission Reduction Progress
    On March 24, 1995, the State of Washington 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 Spokane area. In that report, a copy of which 
is available in the docket, 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 emissions 
for the sources demonstrates reasonable further progress in the Spokane 
nonattainment area.
    In summary, for the reasons discussed above, EPA is granting the 
State's request for a one-year extension of the attainment date for the 
Spokane PM-10 nonattainment area from December 31, 1994 to December 31, 
1995.

C. Wallula, Washington PM-10 Nonattainment Area

    The Wallula PM-10 nonattainment area is located in rural south 
central Washington State.
1. Air Quality Data
    The Wallula nonattainment area has one PM-10 monitoring site 
located on a hill overlooking the small 

[[Page 47279]]
unincorporated community of Wallula. The SLAMS site was established in 
1986. Sampling frequency is one sample every six days. Data from this 
site has been deemed valid by EPA and submitted by the State of 
Washington 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 at the site. During this 
same three-year period, there were two reported measurements above the 
level of the 24-hour NAAQS. In calendar year 1993 there was one level 
above the NAAQS in May and in 1994 one level was recorded above the 
NAAQS in June.
2. Attainment of the PM-10 NAAQS
    The Wallula PM-10 nonattainment area does not attain the 24-hour 
PM-10 NAAQS. PM-10 concentrations reported from the SLAMS monitoring 
station exceeded the level of the NAAQS twice from 1992 to 1994. 
Because of the sampling frequency, the expected exceedance rate 
represents a violation of the 24-hour standard.
3. Extension of Attainment Date
    EPA is by this action is granting the State's request for a one-
year extension of the attainment date, from December 31, 1994 to 
December 31, 1995, for the Wallula PM-10 nonattainment area.
a. Compliance With Applicable SIP
    Based on information available to EPA, EPA believes the State of 
Washington is in compliance with all requirements and commitments in 
the applicable implementation plan that pertains to the Wallula PM-10 
nonattainment area. 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 Wallula 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 36.4 g/m\3\ during 1994, well below the standard. 
Therefore, the Wallula 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 Washington has implemented control measures on sources 
within the Wallula PM-10 nonattainment area. The State submitted the 
control measures to EPA as a SIP revision on November 15, 1991, and in 
supplemental submissions since that time. The major control measure is 
the federal Food Security Act's provisions requiring development and 
implementation of conservation plans for participating farms. 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 24, 1995, the State of Washington 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 Wallula 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 demonstrate reasonable further progress in the Wallula 
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 Wallula PM-10 nonattainment area from December 31, 1994 to December 
31, 1995.

III. Executive order (EO) 12866

    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 the Office of Management and Budget (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 granted today would result in none of 
the effects identified in section 3(f). Under section 188(b)(2), 
findings of nonattainment and reclassification of nonattainment areas 
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, 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. Attainment date extensions under section 188(d) of the 
Clean Air Act 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.

IV. Regulatory Flexibility

    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.
    Reclassification of nonattainment areas under section 188(b)(2) of 
the CAA and extensions of attainment dates under 188(d) do not create 
any new requirements. Therefore, because the federal SIP approval does 
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 assess whether various actions undertaken in association with 
proposed or final regulations include a Federal mandate that may result 
in estimated costs of $100 million or more to the private sector, or to 
State, local or tribal governments in the aggregate.
    EPA has determined, as discussed earlier in section ``IV. Executive 
order (EO) 12866'' of this notice, that the finding that is the subject 
of this final 

[[Page 47280]]
action of failure to attain and grant of a one-year extension to the 
Mendenhall Valley, Alaska, and the Wallula and Spokane, Washington, PM-
10 nonattainment areas do not impose any federal intergovernment 
mandate, as defined in section 101 of the Unfunded Mandates Act. A 
finding that an area has failed to attain and should be granted a one-
year extension of the attainment date consists of factual 
determinations based upon air quality considerations and the area's 
compliance with certain prior requirements. Accordingly, no additional 
costs to State, local, or tribal governments, or to the private sector 
result from this action. This action also will not impose a 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 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.
    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 adverse or critical comments be filed. This action will be 
effective November 13, 1995 unless, by October 12, 1995, 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 November 13, 1995.
    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 November 13, 1995. 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 be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2), 42 U.S.C. 
7607(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: August 8, 1995.
Charles Findley,
Acting Administrator.

    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.

Subpart C--Alaska

    2. Section 52.82 is added to read as follows:


Sec. 52.82  Extensions.

    The Administrator, by authority delegated under section 188(d) of 
the Clean Air Act, as amended in 1990, hereby extends for one year 
(until December 31, 1995) the attainment date for the Mendenhall 
Valley, Alaska, PM-10 nonattainment area.

Subpart WW--Washington

    2. Section 52.2472 is added to read as follows:


Sec. 52.2472  Extensions.

    The Administrator, by authority delegated under section 188(d) of 
the Clean Air Act, as amended in 1990, extends for one year (until 
December 31, 1995) the attainment date for the Spokane, Washington, PM-
10 nonattainment area and the Wallula, Washington, PM-10 nonattainment 
area.

[FR Doc. 95-22160 Filed 9-11-95; 8:45 am]
BILLING CODE 6560-50-P