[Federal Register Volume 65, Number 184 (Thursday, September 21, 2000)]
[Proposed Rules]
[Pages 57127-57132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24310]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[UT-001-0033; FRL-6873-9]


Clean Air Act Promulgation of Extension of Attainment Dates for 
PM10 Nonattainment Areas; Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to grant a one-year extension of the 
attainment date for the Salt Lake County, Utah nonattainment area for 
particulate matter with an aerodynamic diameter

[[Page 57128]]

less than or equal to a nominal 10 micrometers (PM10). EPA 
is also proposing to grant two one-year extensions of the attainment 
date for the Utah County, Utah PM10 nonattainment area. Salt 
Lake and Utah Counties failed to attain the National Ambient Air 
Quality Standards (NAAQS) for PM10 by the applicable 
attainment date of December 31, 1994. The action is based on EPA's 
evaluation of air quality monitoring data and extension requests 
submitted by the State of Utah. EPA is also making the determination 
that Salt Lake County, Utah attained the PM10 NAAQS as of 
December 31, 1995 and Utah County, Utah attained the PM10 
NAAQS as of December 31, 1996. Both areas are continuing to attain the 
PM10 NAAQS. The intended effect of this action is to approve 
requests from the Governor of Utah in accordance with section 188(d) of 
the Clean Air Act (CAA).

DATES: Written comments must be received on or before October 23, 2000.

ADDRESSES: Written comments may be mailed to Richard R. Long, Director, 
Air and Radiation Program, Mailcode 8P-AR, Environmental Protection 
Agency (EPA), Region VIII, 999 18th Street, Suite 300, Denver, 
Colorado, 80202. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
and Radiation Program, Environmental Protection Agency, Region VIII, 
999 18th Street, Suite 300, Denver, Colorado, 80202 and copies of the 
Incorporation by Reference material are available at the Air and 
Radiation Docket and Information Center, Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460. Copies of the state 
documents relevant to this action are available for public inspection 
at the Utah Department of Environmental Quality, Division of Air 
Quality, 150 North 1950 West, Salt Lake City, Utah 84114-4820.

FOR FURTHER INFORMATION CONTACT: Cindy Rosenberg, EPA, Region VIII, 
(303) 312-6436.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' are used, we mean the Environmental Protection 
Agency (EPA).

Table of Contents

I. Background
    A. Designation and Classification of PM10 
Nonattainment Areas.
    B. How Does EPA Make Attainment Determinations?
    C. What are the CAA Requirements for an Attainment Date 
Extension that Apply to Utah?
II. EPA's Proposed Action
    A. What Is EPA Proposing To Approve?
    B. What is the History Behind this Proposal?
III. Basis for EPA's Proposed Action
A. Salt Lake County
    1. Explanation of the Attainment Date Extension for the Salt 
Lake County PM10 Nonattainment Area.
    2. Determination that the Salt Lake County PM10 
Nonattainment Are Attained the PM10 NAAQS as of December 
31, 1995.
B. Utah County
    1. Explanation of the Attainment Date Extension for the Utah 
County PM10 Nonattainment Area.
    2. Determination that the Utah County PM10 
Nonattainment Area Attained the PM10 NAAQS as of December 
31, 1996.
IV. Administrative Requirements

I. Background

A. Designation and Classification of PM10 Nonattainment 
Areas

    Areas meeting the requirements of section 107(d)(4)(B) of the CAA 
were designated nonattainment for PM10 by operation of law 
and classified ``moderate'' upon enactment of the 1990 Clean Air Act 
Amendments. See generally, 42 U.S.C. 7407(d)(4)(B). These areas 
included all former Group I PM10 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 PM10 prior to January 1, 
1989.\1\ A Federal Register notice announcing the areas designated 
nonattainment for PM10 upon enactment of the 1990 
Amendments, known as ``initial'' PM10 nonattainment areas, 
was published on March 15, 1991 (56 FR 11101) and a subsequent Federal 
Register document correcting the description of some of these areas was 
published on August 8, 1991 (56 FR 37654). See 40 CFR 81.345 (codified 
air quality designations and classifications for Utah).
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    \1\ Many of these other areas were identified in footnote 4 of 
the October 31, 1990 Federal Register document.
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    All initial moderate PM10 nonattainment areas had the 
same applicable attainment date of December 31, 1994. Section 188(d) 
provides the Administrator the authority to grant up to two one-year 
extensions to the attainment date provided certain requirements are met 
as described below. States containing initial moderate PM10 
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 PM10 NAAQS by the 
December 31, 1994 attainment date was practicable. See section 189(a).

B. How Does EPA Make Attainment Determinations?

    All PM10 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, we have the responsibility of determining within 
six months of the applicable attainment date whether, based on air 
quality data, PM10 nonattainment areas attained the NAAQS by 
that date. 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, we will determine whether an area's air quality is 
meeting the PM10 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) and national air monitoring sites (NAMS) in 
the nonattainment area and entered into the Aerometric Information 
Retrieval System (AIRS). Data entered into the AIRS has been determined 
to meet federal monitoring requirements (see 40 CFR 50.6, 40 CFR part 
50, appendix J, 40 CFR part 53, 40 CFR part 58, appendix A & B) and may 
be used to determine the attainment status of areas. We will also 
consider air quality data from other air monitoring stations in the 
nonattainment area provided that the stations meet the federal 
monitoring requirements for SLAMS. All data are reviewed to determine 
the area's air quality status in accordance with our guidance at 40 CFR 
part 50, appendix K.
    Attainment of the annual PM10 standard is achieved when 
the annual arithmetic mean PM10 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 (g/m\3\). Attainment of the 24-hour standard is 
determined by calculating the expected number of days in a year with 
PM10 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. Three consecutive years of air quality data 
is generally necessary to show attainment of the 24-hour and annual

[[Page 57129]]

standard for PM10. See 40 CFR part 50 and appendix K.

C. What Are the CAA Requirements for an Attainment Date Extension That 
Apply to Utah?

    The Act provides the Administrator the discretion to grant up to 
two one-year extensions of the attainment date for a moderate 
PM10 nonattainment area provided certain criteria are met. 
The CAA sets forth two criteria that 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 PM10 standard in the year 
preceding the extension year, and the annual mean concentration of 
PM10 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 PM10 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 doesn't dictate 
or compel that we grant extensions to such areas.
    We have stated in guidance that in exercising this discretionary 
authority for PM10 nonattainment areas, we will examine the 
air quality planning progress made in the moderate area. We will be 
disinclined to grant an attainment date extension unless a State has, 
in substantial part, addressed its moderate PM10 
nonattainment area planning obligations. In order to determine whether 
the State has substantially met these planning requirements we will 
review 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 RFP toward attainment of the 
PM10 NAAQS as defined in section 171(1) of the Act. RFP for 
PM10 nonattainment areas is defined in section 171(1) of the 
Act as annual incremental emission reductions to ensure attainment of 
the applicable NAAQS (PM10) by the attainment date.
    If the State doesn't have the requisite number of years of clean 
air quality data to show attainment and doesn't 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 we 
will again determine whether the area has attained the PM10 
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. We will also consider the State's PM10 
planning progress for the area in the year for which the first 
extension was granted. If a second extension is granted and the area 
doesn't 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. 
Once a final determination to this effect is made by us through the 
Federal Register, the area will be reclassified as serious by operation 
of law. See section 188(d).

II. EPA's Proposed Action

A. What Is EPA Proposing To Approve?

    In response to requests from the Governor of Utah, we are proposing 
to grant a one-year attainment date extension for the Salt Lake County, 
Utah PM10 nonattainment area and two one-year attainment 
date extensions for the Utah County, Utah PM10 nonattainment 
area in order to address CAA requirements. The effect of these actions 
would be to extend the attainment date for the Salt Lake County, Utah 
PM10 nonattainment area from December 31, 1994 to December 
31, 1995 and the attainment date for the Utah County, Utah 
PM10 nonattainment area from December 31, 1994 to December 
31, 1995 and from December 31, 1995 to December 31, 1996. The proposed 
action to extend the attainment date for Salt Lake County is based on 
monitored air quality data for the national ambient air quality 
standard (NAAQS) for PM10 from the years 1992-94 and the 
action for Utah County is based on data from the years 1992-94 and 
1993-1995. In addition, based on quality-assured data meeting the 
requirements of 40 CFR part 50, appendix K, we are proposing to find 
that, as of December 31, 1995, Salt Lake County attained the 
PM10 NAAQS, and that, as of December 31, 1996, Utah County 
attained the PM10 NAAQS. Both areas are continuing to attain 
the PM10 NAAQS. If we finalize this proposal, consistent 
with CAA section 188, the areas will remain moderate PM10 
nonattainment areas and avoid the additional planning requirements that 
apply to serious PM10 nonattainment areas.
    This action should not be confused with a redesignation to 
attainment under CAA section 107(d) because Utah hasn't submitted a 
maintenance plan as required under section 175(A) of the CAA or met the 
other CAA requirements for redesignation. The designation status in 40 
CFR part 81 will remain moderate nonattainment for both areas until 
such time as Utah meets the CAA requirements for redesignations to 
attainment.
    We are soliciting public comments on the issues discussed in this 
document or on other relevant matters. These comments will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA Regional office listed in the ADDRESSES section of 
this document.

B. What is The History Behind this Proposal?

    As initial moderate PM10 nonattainment areas, both Salt 
Lake and Utah Counties were required by CAA section 188 to attain the 
PM10 NAAQS by December 31, 1994. As noted above, section 188 
of the CAA requires EPA to determine whether such moderate areas have 
attained the NAAQS or not within six months of the attainment date. In 
the event an area doesn't attain the NAAQS by the attainment date, 
section 188 also allows States to request and EPA to approve attainment 
date extensions if certain criteria are met. On May 11, 1995, the State 
of Utah requested a one-year extension of the attainment date for both 
Salt Lake and Utah Counties. On October 18, 1995, we indicated that we 
were granting the requested one-year extensions. We also indicated in a 
letter dated January 25, 1996 that we would publish a rulemaking action 
on the extension requests ``in the very near future,'' but we didn't do 
so. Nor did we publish determinations in the Federal Register that the 
areas had not attained the NAAQS as of December 31, 1994. On March 27, 
1996, the State of Utah requested a second one-year extension of the 
attainment date for Utah County. We didn't publish a determination in 
the Federal Register that Utah County had not attained the NAAQS as of 
December 31, 1995.
    EPA is now proposing to extend the attainment date from December 
31, 1994 to December 31, 1995 for the Salt Lake County PM10 
nonattainment area and the Utah County PM10 nonattainment 
area. EPA is also proposing to extend the attainment date for the Utah 
County

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PM10 nonattainment area for an additional year--until 
December 31, 1996. As we explain more fully below, we believe these 
extensions are warranted under CAA section 188(d). In addition, we are 
finding that the Salt Lake County PM10 nonattainment area 
attained the PM10 NAAQS as of December 31, 1995 and the Utah 
County PM10 nonattainment area attained the PM10 
NAAQS as of December 31, 1996.

III. Basis for EPA's Proposed Action

A. Salt Lake County

1. Explanation of the Attainment Date Extension for the Salt Lake 
County PM10 Nonattainment Area
    a. Air Quality Data. We are using data from calendar year 1994 to 
determine whether the area met the air quality criteria for granting a 
one-year extension to the attainment date under section 188(d) of the 
CAA.
    The Salt Lake County PM10 nonattainment area includes 
the entire county. In 1994, Utah's Department of Air Quality (UDAQ or 
Utah) operated six PM10 monitors, which were SLAMS and NAMS, 
in Salt Lake County. We deemed the data from these sites valid and the 
data were submitted by Utah to be included in AIRS.
    In 1994, there were eight exceedances of the 24-hour 
PM10 NAAQS at one monitor (North Salt Lake Site) and one 
exceedance of the 24-hour NAAQS at another monitor (AMC Site). Based on 
nearby construction activity, Utah requested that the eight exceedances 
recorded at the North Salt Lake Site in 1994 be excluded under our 
``Guideline on the Identification and Use of Air Quality Data Affected 
By Exceptional Events,'' (EPA-450/4-86-007). We determined that the 
North Salt Lake monitor was influenced by highly localized, fugitive 
dust events caused by the construction activity occurring in the 
immediate area. The Guideline allows consideration of the influence of 
certain events, such as construction, near air monitoring stations in 
determining if data should be used for regulatory purposes. Because of 
those impacts from localized construction near the North Salt Lake 
site, all data from June 8 to November 23, 1994 were excluded from the 
data set used in calculations for attainment/nonattainment purposes.
    With the exclusion of the above-mentioned block of data, there was 
only one exceedance recorded at one other monitor (AMC site). 
Therefore, with only one exceedance of the PM10 NAAQS 
recorded in 1994, the area met one of the requirements to qualify for 
an attainment date extension under section 188(d).\2\
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    \2\ The Act states that no more than one exceedance may have 
occurred in the area (see section 189(d)(2)). The EPA interprets 
this to prohibit extensions if there is more than one measured 
exceedance of the 24-hour standard at any monitoring site in the 
nonattainment area. The number of exceedances will not be adjusted 
to expected exceedances as long as the minimum required sampling 
frequencies have been met.
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    b. Compliance with the Applicable SIP. The State of Utah submitted 
the PM10 SIP for Salt Lake County on November 14, 1991. On 
December 18, 1992 (57 FR 60149), EPA proposed to approve the plan as 
satisfying those moderate PM10 nonattainment area 
requirements that were due November 15, 1991. On July 8, 1994 (59 FR 
35036), EPA took final action approving the Salt Lake County 
PM10 SIP. The SIP control strategies consist of controls for 
stationary sources and area sources (including controls for 
woodburning, mobile sources, and road salting and sanding) of primary 
PM10 emissions as well as sulfur oxide (SOX) and 
nitrogen oxide (NOX) emissions, which are secondary sources 
of particulate emissions.
    Based on information the State submitted in 1995, we believe that 
Utah was in compliance with the requirements and commitments in the 
applicable implementation plan that pertained to the Salt Lake County 
PM10 nonattainment area when the State submitted its 
extension request. The milestone report indicates that Utah had 
implemented most of its adopted control measures, and therefore we 
believe Utah substantially implemented its RACM/RACT requirements.
    c. Emission Reduction Progress. With its May 11, 1995, request for 
a one-year attainment date extension for Salt Lake County, the State of 
Utah also submitted a milestone report as required by section 189(c)(2) 
of the Act to demonstrate annual incremental emission reductions and 
reasonable further progress (RFP). On September 29, 1995, Utah 
submitted a revised version of the milestone report. The revised 1995 
milestone report estimated current emissions from all source categories 
covered by the SIP and compared those estimates to 1988 actual 
emissions. These estimates of current emissions indicated that total 
emissions of PM10, SO2, and NOX had 
been reduced by approximately 60,752 tons per year, from a 1988 value 
of 150,292 tons per year to a current value of 89,540 tons per year.
    The effect of these emission reductions appears to be reflected in 
ambient measurements at the monitoring sites. Data from these sites 
show no violations of either the annual or the 24-hour PM10 
standard since the 1992-1994 period. Furthermore, in 1994 there was 
only one exceedance of the 24-hour standard and the highest monitored 
annual standard at any monitor was 47/m\3\. This is evidence 
that the State's implementation of PM10 SIP control measures 
resulted in emission reductions amounting to reasonable further 
progress in the Salt Lake County PM10 nonattainment area.
2. Determination that the Salt Lake County PM10 
Nonattainment Area Attained the PM10 NAAQS as of December 
31, 1995
    Whether an area has attained the PM10 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 40 CFR part 
50, appendix K. If we finalize this action, the extended attainment 
date for Salt Lake County will be December 31, 1995, and the three year 
period will cover calendar years 1993, 1994, and 1995.
    The PM10 concentrations reported at six different 
monitoring sites showed one measured exceedance of the 24-hour 
PM10 NAAQS between 1993 and 1995. Because data collection 
was less than 100% at these monitoring sites, the expected exceedance 
rate for 1994 was 1.03. For 1993 and 1995, it was 0.0. Thus, the three-
year average was less than 1.0, which indicates Salt Lake County 
attained the 24-hour PM10 NAAQS as of December 31, 1995.
    Review of the annual standard for calendar years 1993, 1994 and 
1995 reveals that Utah also attained the annual PM10 NAAQS 
by December 31, 1995. There was no violation of the annual standard for 
the three year period from 1993 through 1995.

B. Utah County

1. Explanation of the Attainment Date Extension for the Utah County 
PM10 Nonattainment Area
    a. Air Quality Data. The Utah County PM10 nonattainment 
area includes the entire county. In 1994 and 1995, UDAQ operated four 
PM10 monitoring sites, which were either SLAMS or NAMS, in 
Utah County. We deemed the data from these sites valid and the data was 
submitted by Utah to be included in AIRS.
    We are using data from calendar year 1994 to determine whether the 
area met the air quality criteria for granting a one-year extension of 
the attainment date, from December 31, 1994 to December 31, 1995, under 
section 188(d) of the CAA. We are using calendar year 1995

[[Page 57131]]

data to determine whether the Utah County area met the air quality 
criteria for granting an extension of the attainment date from December 
31, 1995 to December 31, 1996.
    In 1994, there were no exceedances of the 24-hour or annual 
PM10 NAAQS in Utah County. Since no exceedances of the 
PM10 NAAQS were recorded in 1994, the area met one of the 
requirements to qualify for a one-year attainment date extension under 
section 188(d).\3\ In 1995, there were no exceedances of the 24-hour or 
annual PM10 NAAQS in Utah County. Since no exceedances of 
the PM10 NAAQS were recorded in 1995, the area met one of 
the requirements to qualify for a second one-year attainment date 
extension under section 188(d).
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    \3\ The Act states that no more than one exceedance may have 
occurred in the area (see section 189(d)(2)). The EPA interprets 
this to prohibit extensions if there is more than one measured 
exceedance of the 24-hour standard at any monitoring site in the 
nonattainment area. The number of exceedances will not be adjusted 
to expected exceedances as long as the minimum required sampling 
frequencies have been met.
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    b. Compliance with the Applicable SIP. The State of Utah submitted 
the PM10 SIP for Utah County on November 14, 1991. On 
December 18, 1992 (57 FR 60149), EPA proposed to approve the plan as 
satisfying those moderate PM10 nonattainment area 
requirements due November 15, 1991. On July 8, 1994 (59 FR 35036), EPA 
took final action approving the Utah County PM10 SIP. The 
SIP control strategies consist of controls for stationary sources and 
area sources (including controls for woodburning, mobile sources, and 
road salting and sanding) of primary PM10 emissions as well 
as sulfur oxide (SOX) and nitrogen oxide (NOX) 
emissions, which are secondary sources of particulate emissions.
    Based on information the State submitted in 1995, we believe that 
Utah was in compliance with the requirements and commitments in the 
applicable implementation plan that pertained to the Utah County 
PM10 nonattainment area when Utah submitted its first 
extension request. The milestone report indicates that Utah County had 
implemented most of its adopted control measures, and therefore we 
believe Utah substantially implemented its RACM/RACT requirements. 
Based on information the State submitted in 1996, we believe that Utah 
was in compliance with the requirements and commitments in the 
applicable implementation plan that pertained to the Utah County 
PM10 nonattainment area when the State submitted its second 
extension request. The milestone report indicates that the State 
continued to implement its adopted control measures, and therefore we 
believe Utah substantially implemented its RACM/RACT requirements.
    c. Emission Reduction Progress. With its May 11, 1995, request for 
a one-year attainment date extension for Utah County, the State of Utah 
also submitted a milestone report as required by section 189(c)(2) of 
the Act to demonstrate annual incremental emission reductions and RFP. 
On September 29, 1995, Utah submitted a revised version of the 
milestone report. The revised 1995 milestone report estimated current 
emissions from all source categories covered by the SIP and compared 
those estimates to 1988 actual emissions. These estimates of current 
emissions indicated that total emissions of PM10, 
SO2, and NOX had been reduced by approximately 
3,129 tons per year, from a 1988 value of 25,920 tons per year to a 
then current value of 22,791 tons per year.
    With its March 27, 1996 request for an additional one-year 
attainment date extension for Utah County, the State of Utah submitted 
another milestone report. Utah submitted a revised version of this 
milestone report on May 17, 1996. The March 27, 1996 milestone report 
estimated current emissions from all source categories covered by the 
SIP and compared those estimates to 1988 actual emissions. These 
estimates of current emissions indicated that total emissions of 
PM10, SO2, and NOX had been reduced 
from the 1988 total by approximately 8,391 tons per year.
    The effect of these emission reductions appears to be reflected in 
ambient measurements at the monitoring sites. Data from these sites 
show no exceedances of either the annual or the 24-hour PM10 
standard in 1994 or 1995. The vast majority of monitored values were 
well below the 24-hour standard. The highest annual value recorded at 
any monitor during 1994 and 1995 was 39/m3. This is evidence 
that the State's implementation of PM10 SIP control measures 
resulted in emission reductions amounting to RFP in the Utah County 
PM10 nonattainment area.
2. Determination that the Utah County PM10 Nonattainment 
Area Attained the PM10 NAAQS as of December 31, 1996.
    Whether an area has attained the PM10 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 40 CFR part 
50, appendix K. If we finalize this action, the extended attainment 
date for Utah County will be December 31, 1996, and the three year 
period will cover calendar years 1994, 1995, and 1996.
    The PM10 concentrations reported at four different 
monitoring sites showed no measured exceedances of the 24-hour 
PM10 NAAQS between 1994 and 1996, which indicates Utah 
County attained the 24-hour PM10 NAAQS as of December 31, 
1996.
    Review of the annual standard for calendar years 1994, 1995 and 
1996 reveals that Utah also attained the annual PM10 NAAQS 
by December 31, 1996. No monitoring sites showed a violation of the 
annual standard in the three year period from 1994 through 1996.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This proposed action merely approves a state request as meeting 
federal requirements and imposes no requirements. Accordingly, the 
Administrator certifies that this proposed rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this proposed rule would not impose any enforceable duty, it does not 
contain any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4). For the same reason, this proposed rule also does 
not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998). This proposed rule will not have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, as specified in Executive Order 13132 
(64 FR 43255, August 10, 1999), because it merely approves a state 
request for an attainment date extension, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This proposed rule also is not 
subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because 
it is not economically significant.
    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this proposed rule, EPA has taken the 
necessary steps to

[[Page 57132]]

eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of the rule in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the executive 
order. This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 40 CFR Part 52

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

    Dated: September 13, 2000.
Patricia D. Hull,
Acting Regional Administrator, Region VIII.
[FR Doc. 00-24310 Filed 9-20-00; 8:45 am]
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