[Federal Register Volume 66, Number 212 (Thursday, November 1, 2001)]
[Rules and Regulations]
[Pages 55102-55105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27277]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT-001-0038,CO-001-0065;FRL-7093-7]


Clean Air Act Determination of Attainment for PM10 
Nonattainment Areas; Montana and Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing determinations of attainment for the 
particulate matter with an aerodynamic diameter less than or equal to a 
nominal 10 microns (PM10) national ambient air quality 
standards (NAAQS) for the Whitefish, Montana, Thompson Falls, Montana 
and Steamboat Springs, Colorado moderate PM10 nonattainment 
areas. The Whitefish, Montana

[[Page 55103]]

nonattainment area was required by the Clean Air Act Amendments (CAAA) 
of 1990 to attain the PM10 NAAQS by December 31, 1999. This 
final determination is based on complete, quality assured ambient air 
quality monitoring data for the years 1997, 1998, and 1999. The 
Thompson Falls, Montana and Steamboat Springs, Colorado nonattainment 
areas were required by the Clean Air Act Amendments (CAAA) of 1990 to 
attain the PM10 NAAQS as of December 31, 2000. These final 
determinations are based on complete, quality assured ambient air 
quality monitoring data for the years 1998, 1999, and 2000.

EFFECTIVE DATE: This final rule is effective December 3, 2001.

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.

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

SUPPLEMENTARY INFORMATION: On August 8, 2001, EPA published a notice of 
proposed rulemaking (NPR) for the attainment determinations. The NPR 
proposed approval of the PM10 attainment date determinations 
for Whitefish and Thompson Falls, Montana and Steamboat Springs, 
Colorado. Please refer to this proposed rulemaking for background 
information on Clean Air Act requirements for conducting attainment 
determinations. Throughout this document, wherever ``we,'' ``us,'' or 
``our'' are used, we mean the Environmental Protection Agency (EPA).

Table of Contents

I. EPA's Final Action
II. Basis for EPA's Final Action
    A. Whitefish, Montana
    Determination that the Whitefish PM10 Nonattainment 
Area Attained the PM10 NAAQS as of December 31, 1999.
    B. Thompson Falls, Montana
    Determination that the Thompson Falls PM10 
Nonattainment Area Attained the PM10 NAAQS as of December 
31, 2000.
    C. Steamboat Springs, Colorado
    Determination that the Steamboat Springs PM10 
Nonattainment Area Attained the PM10 NAAQS as of December 
31, 2000.
III. Administrative Requirements

I. Final Action

    Based on quality-assured data meeting the requirements of 40 CFR 
50, appendix K, we are determining that Whitefish, Montana attained the 
PM10 NAAQS as of December 31, 1999 and that Thompson Falls, 
Montana and Steamboat Springs, Colorado attained the PM10 
NAAQS as of December 31, 2000. This final action to determine 
attainment for Whitefish, Montana is based on monitored air quality 
data for the national ambient air quality standard (NAAQS) for 
PM10 from the years 1997-99, and the actions for Thompson 
Falls, Montana and Steamboat Springs, Colorado are based on data from 
the years 1998-2000. With this final action, 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 neither Montana nor 
Colorado have 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 all three areas until such time as Montana and 
Colorado meet the CAA requirements for redesignations to attainment.

II. Basis for EPA's Final Action

A. Whitefish, Montana

Determination that the Whitefish PM10 Nonattainment Area 
Attained the PM10 NAAQS as of December 31, 1999
    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. Since the attainment date for Whitefish was December 
31, 1999, the three year period covers calendar years 1997, 1998, and 
1999. Samples were collected on an every day schedule for Whitefish 
during this time period.
    The PM10 concentrations reported at the monitoring site 
showed one measured exceedance of the 24-hour PM10 NAAQS in 
1997 with a value of 178 g/m3 ; the expected 
exceedances for this year also calculated to 1. For 1998 and 1999, the 
number of exceedances and expected exceedances were 0.0. Thus, the 
three-year average was less than 1.0, which indicates that Whitefish 
attained the 24-hour PM10 NAAQS as of December 31, 1999. The 
second highest value recorded between 1997 and 1999 at the Whitefish 
monitoring site was 138 g/m3 which is below the 
standard of 150 g/m3.
    Review of the annual standard for calendar years 1997, 1998 and 
1999 reveals that Whitefish also attained the annual PM10 
NAAQS by December 31, 1999. There was no violation of the annual 
standard for the three year period from 1997 through 1999. The expected 
annual average value for the three year period was 29 g/
m3, which is below the standard of 50 g/
m3.

B. Thompson Falls

Determination that the Thompson Falls PM10 Nonattainment 
Area Attained the PM10 NAAQS as of December 31, 2000
    Since the attainment date for Thompson Falls was December 31, 2000, 
the three year period covers calendar years 1998, 1999, and 2000. The 
PM10 concentrations reported at the two monitoring sites 
showed no measured exceedances of the 24-hour PM10 NAAQS 
between 1998 and 2000. Review of the annual standard for calendar years 
1998, 1999 and 2000 reveals that Thompson Falls also attained the 
annual PM10 NAAQS by December 31, 2000. No monitoring sites 
showed a violation of the annual standard in the three year period from 
1998 through 2000 and the expected annual average value for the three 
year period was 26 g/m3, which is below the 
standard of 50 g/m3. The sampling frequency at the 
Thompson Falls monitoring site during the first and fourth quarters of 
1998 and 1999 was every two days and every sixth day for the second and 
third quarters. During 2000, the sampling frequency was every two days 
for the first quarter, every sixth day for second and third quarters 
and every third day for the fourth quarter.
    As described above, the 1987 Guideline provides eligibility 
requirements and example situations in which data may be substituted. 
For Thompson Falls, there were two quarters during this three year 
attainment period (1998-2000), which had less than 75% data capture, 
but greater than 50% data capture and thus qualified for data 
substitution under our guidelines. The first quarter of 1999 had 12 
values substituted, and used an 89 g/m3 value from 
February 25, 1997 for substitution, bringing the quarterly average to 
39.3 g/m3, and the 1999 annual average to 35.1 
g/m3. The third quarter of 2000 had 4 values 
substituted, and used a 75 g/m3 value from August 
10, 2000 as the substitution value, bringing the quarterly average to 
40.7

[[Page 55104]]

g/m3, and the 2000 annual average to 20.5 
g/m3.
    In 1999, the data recovery for Thompson Falls was incomplete due to 
extenuating circumstances at the monitoring site. The Courthouse on 
which the monitoring site had been located was being re-roofed and 
therefore, MDEQ was forced to find a new site on short notice, without 
enough time to set up a new monitoring site before the existing site 
was shut down. This forced MDEQ to miss all the monitoring days for the 
entire 3rd quarter of 1999. A new monitoring site was set up on the 
grounds of the local high school for the fourth quarter of 1999. The 
Region used 40 CFR part 50, appendix K and our April 1987 ``Guideline 
on Exceptions to Data Requirements for Determining Attainment of 
Particulate Matter Standards'' to address the missing data from 1999. 
The Region decided to substitute third quarter data from 1998 for 1999 
because we believe that it is representative of what third quarter 1999 
data would have looked like had the monitoring site continued to 
operate. We believe this is an acceptable method because the 
exceedances that Thompson Falls experienced in the early 1990's were 
during winter months, not during the third quarter of the year. In 
addition, the particulate problem in Thompson Falls is related to road 
dust and that problem has been resolved since street sweeping measures 
were adopted by Montana and implemented in 1998. Therefore, we don't 
expect that there would have been any recorded exceedances during the 
third quarter of 1999 had the monitor been operating.
    Since MDEQ was forced to change monitoring sites in the middle of 
the three year period necessary for Thompson Falls to show attainment 
by the area's attainment date, we don't have complete data at any one 
monitoring site. However, we believe that combining the data from the 
two separate monitoring sites is acceptable in this situation. We also 
believe that the location of the replacement monitoring site within the 
extremely small town of Thompson Falls provides adequate 
characterization of the community's air. We believe that Thompson 
Falls' data meets our Guideline and rule requirements. Therefore, with 
the preceding actions concluded, we believe that the data indicates 
that Thompson Falls attained the 24-hour and annual PM10 
NAAQS as of December 31, 2000.

C. Steamboat Springs

Determination that the Steamboat Springs PM10 Nonattainment 
Area Attained the PM10 NAAQS as of December 31, 2000
    Since the attainment date for Steamboat Springs was December 31, 
2000, the three year period covers calendar years 1998, 1999, and 2000. 
Steamboat Springs was operating on an every day sampling frequency 
during this time period. The PM10 concentrations reported at 
the monitoring site showed no measured exceedances of the 24-hour 
PM10 NAAQS between 1998 and 2000, which indicates Steamboat 
Springs attained the 24-hour PM10 NAAQS as of December 31, 
2000. The highest monitored 24-hour value between 1998 and 2000 was 148 
g/m3. Although this wasn't an exceedance of the 
NAAQS, we agreed with Colorado that this value should be excluded as a 
high wind event under our May 30, 1996 ``Areas Affected by PM-10 
Natural Events'' policy. This data was flagged as a natural event in 
our Aerometric Information Retrieval System (AIRS) and Colorado 
submitted the proper documentation package to us certifying that this 
monitored value was due to unusually high winds in the area. Because of 
this, the highest applicable monitored 24-hour value during the three 
year period was 121 g/m3 which is below the 
standard of 150 g/m3.
    Review of the annual standard for calendar years 1998, 1999 and 
2000 reveals that Steamboat Springs also attained the annual 
PM10 NAAQS by December 31, 2000. Data collected at the 
monitoring site showed no violations of the annual standard in the 
three year period from 1998 through 2000. The expected annual average 
value for the three year period was 25 g/m3, which 
is below the standard of 50 g/m3.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This final 
action merely determines that certain States have met federal 
requirements and imposes no requirements. Accordingly, the 
Administrator certifies that this 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 rule 
doesn't impose any additional 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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). This action merely makes attainment 
determinations, and does not alter the relationship or the distribution 
of power and responsibilities established in the Clean Air Act. This 
rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
However, in this context, there is no state request or submittal for 
these attainment determinations. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. 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.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit 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 United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it

[[Page 55105]]

is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. section 804(2).
    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 December 31, 2001. 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).)

List of Subjects in 40 CFR Part 52

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

    Dated: October 16, 2001.
Jack W. McGraw,
Acting Regional Administrator, Region VIII.

    Chapter I, title 40, part 52 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 et seq.

Subpart G--Colorado

    2. Section 52.332 is amended by revising the section heading and by 
adding paragraph (k) to read as follows:


Sec. 52.332  Control strategy: Particulate matter.

* * * * *
    (k) Determination--EPA has determined that the Steamboat Springs 
PM10 ``moderate'' nonattainment area attained the 
PM10 national ambient air quality standard by December 31, 
2000. This determination is based on air quality monitoring data from 
1998, 1999, and 2000.

Subpart BB--Montana

    3. Section 52.1374 is amended by redesignating the existing 
paragraph as paragraph (a) and adding paragraph (b) to read as follows:


Sec. 52.1374  Control strategy: Particulate matter.

* * * * *
    (b) Determination--EPA has determined that the Whitefish 
PM10 ``moderate'' nonattainment area attained the 
PM10 national ambient air quality standard by December 31, 
1999. This determination is based on air quality monitoring data from 
1997, 1998, and 1999. EPA has determined that the Thompson Falls 
PM10 ``moderate'' nonattainment area attained the 
PM10 national ambient air quality standard by December 31, 
2000. This determination is based on air quality monitoring data from 
1998, 1999, and 2000.

[FR Doc. 01-27277 Filed 10-31-01; 8:45 am]
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