[Federal Register Volume 61, Number 244 (Wednesday, December 18, 1996)]
[Rules and Regulations]
[Pages 66602-66606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32054]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52
[ID5-2-7075a; FRL-5665-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final 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 of December 31, 1995. This action also grants a second 
one-year extension to the attainment date for the Power-Bannock 
Counties PM-10 nonattainment in Idaho.

DATES: This action is effective on February 18, 1997, unless adverse or 
critical comments are received by January 17, 1997. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments on this action should be addressed to 
Montel Livingston, SIP Manager, EPA, Office of Air Quality, 1200 Sixth 
Avenue, Seattle Washington, 98101. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the same address.

FOR FURTHER INFORMATION CONTACT: Steven K. Body, EPA, Office of Air 
Quality, 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, 42 U.S.C. section 7407(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 these areas was published on August 8, 1991 (56 FR 37654). See 56 FR 
56694 (November 6, 1991) and 40 CFR 81.313 (codified air quality 
designations and classifications for the State of Idaho). All initial 
moderate PM-10 nonattainment areas had the same applicable attainment 
date of December 31, 1994. Section 188(d) provides the Administrator 
the authority to grant two one-year extensions to the attainment date 
provided certain requirements are met as described below.
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    \1\ The 1990 Amendments to the Clean Air Act made significant 
changes to the Act. See Public Law 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 of whether 
attainment of the PM-10 NAAQS by the December 31, 1994 attainment date 
was practicable. See section 189(a).

B. Attainment Determinations

    All PM-10 nonattainment areas are initially classified ``moderate'' 
by operation of law when they are designated nonattainment. 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 applicable 
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 part 58 appendix A & B) and may be 
used to determine 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 (for 
example, 1993, 1994, 1995 for areas with a December 31, 1995 attainment 
date) is equal to or less than 50 micrograms per cubic meter (ug/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 ug/m3. The 24-hour standard is attained when the expected 
number of days with levels above 150 ug/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 24-
hour and annual standard for PM-10. See 40 CFR part 50 and appendix K.

C. Reclassification to Serious

    A PM-10 nonattainment area may be reclassified to ``serious,'' 
which requires 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

[[Page 66603]]

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 the discretion of granting a 
one-year extension to 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 data to show attainment of the NAAQS, a State may apply 
for up to two one-year extensions of the attainment date for such 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 has 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.
    In exercising this discretionary authority for PM-10 nonattainment 
areas, EPA will examine the air quality planning progress made in the 
moderate area. EPA will be 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 the EPA will review the States 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 
to 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. EPA will also consider the State's PM-10 planning progress 
for the area in 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

    In today's action, EPA is announcing its determination that the 
Power-Bannock Counties PM-10 nonattainment area has failed to attain 
the PM-10 NAAQS by the applicable attainment date of December 31, 1995. 
As discussed below, this determination is based upon air quality data 
which has revealed violations of the PM-10 NAAQS during the period from 
1993 to 1995.
    This action also serves to announce that the State of Idaho has 
requested a second one-year extension to the PM-10 attainment date for 
the Power-Bannock Counties PM-10 nonattainment area. EPA has reviewed 
the extension request and is, with this notice, granting the second 
one-year extension of the attainment date for the Power-Bannock 
Counties nonattainment area. As discussed below, this determination is 
based upon available air quality data and a review of the State's 
continuing 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 Power-Bannock Counties PM-10 
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 to be included in the AIRS operated by EPA. The 
Shoshone-Bannock Tribes established a monitoring station in February 
1995, but validated data is not available at this time.
    On May 6, 1996 EPA granted a one year extension to the attainment 
date for the Power-Bannock Counties PM-10 nonattainment area based on a 
request by the State of Idaho (61 FR 20730, May 6, 1996). The 
applicable attainment date for the Power-Bannock Counties PM-10 
nonattainment area is, therefore, December 31, 1995.
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, 1995, this three year 
period covers calendar years 1993, 1994 and 1995. Data from calendar 
year 1995 is also used in determining whether an area, with a December 
31, 1995 attainment date, meets the air quality criteria for granting a 
second one-year extension to the attainment date under section 188(d).
    A review of the data reported for these SLAMS sites for the 
calendar years 1993, 1994 and 1995 shows no violations of the annual 
PM-10 standard at any of the SLAMS sites in the Power-

[[Page 66604]]

 Bannock Counties PM-10 nonattainment area. A violation of the 24-hour 
NAAQS was recorded at two monitoring sites on January 7, 1993. As a 
result of the one-in-every six day sampling frequency at each of these 
sites, the expected exceedance for the 1993 calendar year at the SLAMS 
sites is 6.0. No measured values above the level of the 24-hour NAAQS 
were reported in 1994 or 1995. Therefore, the three year average (1993, 
1994, 1995) expected exceedance rate at the SLAMS sites is 2.0.
    Private industry in the Power-Bannock Counties PM-10 nonattainment 
area funded and operated a seven station monitoring network in a 
portion of the nonattainment. The monitoring stations were located to 
measure maximum impacts from the phosphate industry and were located 
adjacent to the ``industrial complex''. Several monitoring sites were 
also established to assess population exposure and background 
concentrations. This network collected PM-10 air quality data for one 
year, from October 1, 1993 through September 30, 1994.
    Data from this special purpose network has been submitted to EPA to 
support the air pathways risk assessment for the Eastern Michaud Flats 
(EMF) Superfund site. All of the EMF superfund monitoring sites are 
located within the Power-Bannock Counties PM-10 nonattainment area.
    Data from this special purpose monitoring network have been 
reviewed by EPA for compliance with federal monitoring requirements and 
for reported PM-10 levels. The data 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. One of the sites in the network, EMF 
Site #2, is located at the site predicted to have the maximum 
industrial air quality impact. This maximum impact site was determined 
from the dispersion modeling conducted to support the State, EPA and 
Tribal Clean Air Act PM-10 planning efforts. This site is located 
immediately adjacent to the industrial complex on State lands, but less 
than 300 feet from the Reservation boundary. Data from EMF Site #2 
reported an annual concentration greater than the 50 g/m3 
level of the annual NAAQS for the one year period the network was in 
operation. In addition, several reported PM-10 concentrations at EMF 
Site #2 are at or near the level of the 24-hour PM-10 NAAQS, although 
the standard was not, in fact exceeded.
2. Attainment of the PM-10 NAAQS
    The Power-Bannock Counties PM-10 nonattainment area does not meet 
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 24-
hour NAAQS. Because of the sampling frequency (one in every six days), 
the expected exceedance rate for the three year period from 1993 
through 1995 is 2.0, which represents a violation of the 24-hour NAAQS. 
Therefore, the Power-Bannock Counties PM-10 nonattainment area does not 
attain the PM-10 NAAQS.
3. Extension of Attainment Date
    As discussed above, the CAA authorizes the Administrator to grant a 
second one-year extension of the attainment date for moderate PM-10 
nonattainment areas, provided the State demonstrates it has complied 
with all requirements and commitments pertaining to the affected area 
in the applicable implementation plan and the area had no more than one 
measured exceedance of the 24-hour NAAQS (150 g/m3) in the 
year preceding the extension year, and the annual mean concentration of 
PM-10 in the year preceding the extension year is less than or equal to 
annual NAAQS (50 g/m3). See section 188(d). For the reasons 
discussed below, EPA is granting the State's request for a second one-
year extension to the attainment date, from December 31, 1995 to 
December 31, 1996, 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.
    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 1995. In addition, 
the annual mean concentration of PM-10 at each of the SLAMs monitoring 
sites during calendar year 1995 was below the level of the annual 
NAAQS.
    As also discussed above, however, EMF Site #2 recorded an annual 
average of 55.7 g/m3 for the one year period from October 
1, 1993 to September 30, 1994. EPA believes that the recorded PM-10 
levels at several stations in the EMF monitoring 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. As EPA 
discussed at length in granting the first extension, however, EPA does 
not believe that the data recorded at EMF Site #2 during the period 
from October 1, 1993 to September 30, 1994, precluded EPA from granting 
the State's request for the first one-year extension of the attainment 
date under section 188(d) of the Act. For the same reasons, EPA 
believes that the data from EMF Site #2 does not preclude EPA from 
granting the second one-year extension to the attainment date.
    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 during 
calendar year 1993. The State submitted these control measures to EPA 
as a SIP revision in May and December 1993. 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 controls and a 
limited unpaved road paving program; and a revised operating permit 
that represents reasonably available control technology (RACT) for the 
J.R. Simplot facility, the only major stationary source of particulate 
matter under the regulatory jurisdiction of the State in the 
nonattainment area.3 EPA has conducted a preliminary review of 
these

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measures and believe that they substantially meet EPA's guidance for 
RACM, including RACT, for sources of primary particulate for the 
purposes of granting the extension under section 188(d).
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    \3\ On June 12, 1996, EPA published a Federal Register notice 
that corrected the boundary of the Power-Bannock Counties PM-10 
nonattainment area and removed a small area that included the City 
of Inkom and the Ash Grove Cement facility from the Power-Bannock 
Counties PM-10 nonattainment area (see 61 FR 29667).
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    After the State submitted its moderate area SIP in May of 1993, the 
State learned that PM-10 precursors contribute significantly to 
wintertime violations of the PM-10 standard under certain 
meteorological conditions. 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 for PM-10 
precursors by December 1998. 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 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 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 the State should be disapproved because it 
fails to address air resources within the exterior boundary of an 
Indian Reservation. See 59 FR 43556, 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 that it would be unfair to burden the State and the Pocatello 
area with new serious area planning requirements because of the gap in 
planning responsibilities and the resulting in the lack of Federally 
enforceable controls at this time on sources located on the 
Reservation. Accordingly EPA believes that the State has adequately 
demonstrated, for proposes 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 control measures adopted as part of the 
control strategy in the SIP. As stated above, the control strategy in 
the State's moderate area SIP consists of a wood smoke control program 
with a mandatory wood smoke curtailment element, aggressive control 
requirements to reduce emissions associated with winter road sanding, 
and a new operating permit for the major source located on State lands 
that establishes RACT for this source.
    The effect of these control measures on air quality can be seen in 
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 either the annual or the 24-hour standard 
since 1992 attributable to primary particulate. This 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 is granting the State's request for a second one-
year extension of the attainment date, from December 31, 1995 to 
December 31, 1996, for the Power-Bannock Counties PM-10 nonattainment 
area.

III. Implications of This Action

    Upon the effective date of this action, the attainment date for the 
Power-Bannock Counties PM-10 nonattainment area will be December 31, 
1996. The area will thus remain a moderate PM-10 nonattainment area and 
avoid the additional planning requirements that apply to serious PM-10 
nonattaniment areas. No further extensions to the attainment date are 
available. Should the area experience a violation of the PM-10 NAAQS in 
calendar year 1996, the area will not have attained the standard by the 
attainment date and the area will be reclassified to serious by 
operation of law.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial action and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing this extension to the 
attainment date should adverse or critical comments be filed. This 
action will be effective February 18, 1997 unless by January 17, 1997 
adverse or critical comments are received.
    If EPA receives such comments, this action will be with drawn 
before the effective date by publishing a subsequent document that will 
withdraw the final 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 this action will be effective February 18, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

    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.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603

[[Page 66606]]

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.
    Determinations of nonattainment areas under section 188(b)(2) of 
the CAA and extensions under Section 188(d) of the Act 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.

C. Unfunded Mandates

    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 imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register.
    This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 18, 1997. Filing a 
petition for reconsideration by the Administrator of this 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(1b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate 
matter, Intergovernmental relations.

    Dated: December 5, 1996.
Chuck Clarke,
Regional 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: 52 U.S.C. 7401-7671q.

Subpart N--Idaho

    2. Section 52.691 is amended by designating the existing paragraph 
as ``(a)'' and adding paragraph (b) to read as follows:


52.691  Extensions.

* * * * *
    (b) The Administrator, by authority delegated under section 188(d) 
of the Clean Air Act, as amended in 1990, hereby grants a second one-
year extension (until December 31, 1996) to the attainment date for the 
Power-Bannock Counties PM-10 nonattainment area.

[FR Doc. 96-32054 Filed 12-17-96; 8:45 am]
BILLING CODE 6560-50-P