[Federal Register Volume 67, Number 143 (Thursday, July 25, 2002)]
[Rules and Regulations]
[Pages 48552-48555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18869]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Docket : Id-00-001; FRL-7251-3]


Clean Air Act Finding of Attainment; Portneuf Valley PM-10 
Nonattainment Area, Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA has determined that the Portneuf Valley nonattainment area 
has attained the National Ambient Air Quality Standards for particulate 
matter with an aerodynamic diameter of less than or equal to 10 microns 
by the attainment date of December 31, 1996, as required by the Clean 
Air Act.

EFFECTIVE DATE: This rule will become effective on August 26, 2002.

ADDRESSES: Copies of all information supporting this action are 
available for public inspection and copying between 8:30 a.m. and 3:30 
p.m., Pacific Standard Time at EPA Region 10, Office of Air Quality, 
10th Floor, 1200 Sixth Avenue, Seattle, Washington 98101. A reasonable 
fee may be charged for copies.

FOR FURTHER INFORMATION CONTACT: Steven Body, EPA, Region 10, Office of 
Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 98101, 
(206) 553-0782.

SUPPLEMENTARY INFORMATION:

[[Page 48553]]

I. Background

    On December 6, 2000, EPA solicited public comment on a proposal to 
find that the Portneuf Valley nonattainment area has attained the 
National Ambient Air Quality Standards (NAAQS) for particulate matter 
with an aerodynamic diameter of less than or equal to 10 microns (PM-
10) by the attainment date of December 31, 1996, as required by the 
Clean Air Act. See 65 FR 76203. On December 21, 2000, EPA granted a 
request to extend the comment period to January 19, 2001. See 65 FR 
80397.
    Although the finding at issue in the proposal was whether the area 
attained the PM-10 standards by the December 31, 1996 attainment date, 
EPA also discussed air quality data subsequent to the attainment date. 
During the end of December 1999 and the beginning of January 2000, 
there was a significant air pollution episode in the Portneuf Valley 
and Fort Hall PM-10 nonattainment areas during which three levels above 
the level of the 24-hour PM-10 NAAQS were reported at the Federal 
Reference Method (FRM) sampler at the Garrett and Gould monitoring 
station. None of the other monitoring stations in the Portneuf Valley 
area reported levels above the level of the 24-hour PM-10 standard 
during this time period. As discussed in the proposal, although these 
three exceedances were of concern to EPA, they did not represent a 
violation of the 24-hour PM-10 standard because three exceedances in 
three years results in an expected exceedance rate of 1.0 for the 
three-year period from 1997 to 1999. The 24-hour standard is attained 
when the expected exceedance rate is less than or equal to 1.0.

II. Air Quality Data Since Proposal

    Because of concerns in the community regarding whether the Portneuf 
Valley area had in fact attained the PM-10 standards, including public 
comments received on the proposal, and the fact that a single 
exceedance at the Garrett and Gould FRM monitor during 2000 or 2001 
would constitute a violation of the 24-hour PM-10 standard, EPA delayed 
taking final action on EPA's December 2000 proposal until air quality 
data for 2000 and 2001 was available. There have been no additional 
exceedances of the 24-hour PM-10 standard in 2000 or 2001 at the FRM 
sampler at Garrett and Gould. Therefore, the expected exceedance rate 
for the site is 1.0 for the years 1999, 2000, and 2001, just below the 
rate that would represent a violation of the 24-hour PM-10 standard. 
Therefore, the 24-hour PM-10 standard is attained at the Garrett and 
Gould FRM sampler as of December 31, 2001. There have been no 
exceedances of the 24-hour standard at the FRM sampler at the Sewage 
Treatment Plant in 2000 or 2001.\1\
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    \1\ Operation of the FRM monitors at Idaho State University and 
Chubbuck School was discontinued in the summer of 1999.
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    In the beginning of 2001, IDEQ installed a continuous PM-10 sampler 
(TEOM) at the Garrett and Gould monitoring site. IDEQ has reported that 
a level of 166 ug/m3 was recorded at this TEOM sampler on May 5, 2001, 
which would represent an exceedance of the 24-hour PM-10 standard. IDEQ 
has flagged this exceedance as attributable to a high wind natural 
event under EPA's policy entitled ``Areas Affected by Natural Events,'' 
dated May 30, 1996 (EPA's Natural Events Policy), and requested that 
this exceedance not be considered in determining the attainment status 
of the area. This exceedance is still under evaluation by EPA, both in 
terms of the value of the exceedance \2\ and whether the exceedance 
qualifies as a natural event under EPA's Natural Events Policy. In any 
event, the exceedance at the TEOM sampler does not, in and of itself or 
in connection with the three exceedances that occurred at the Garrett 
and Gould FRM sampler in 1999, constitute a violation of the 24-hour 
PM-10 standard. For purposes of determining a violation of the 24-hour 
PM-10 standard, each sampler is evaluated separately. In other words, 
for there to be a violation of the 24-hour PM-10 standard, the data 
collected from a single sampler must document an expected annual 
exceedance rate of greater than 1.0 averaged over a three-year period. 
See Memorandum from Gerald A. Emison, Director, Office of Air Quality 
Planning and Standard, EPA, entitled ``Revision to Policy on the Use of 
PM-10 measurement Data,'' dated November 21, 1988. For this reason, EPA 
believes that the Portneuf Valley PM-10 nonattainment area continues to 
attain the PM-10 NAAQS when considering PM-10 data collected through 
2001.
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    \2\ There are questions regarding how to ``gap fill'' for 
periods when the TEOM sampler did not operate on May 5, 2001.
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III. Major Issues Raised by Commenters

    EPA received four comment letters in response to the proposal, one 
supporting the proposed action and three objecting to the proposed 
action. The following is a summary of the issues raised in the adverse 
comments on the proposal, along with EPA's response to those issues.

A. Air Quality in the Portneuf Valley Area

    All three adverse commenters disputed the characterization of the 
Portneuf Valley area as being in attainment of the PM-10 standards. 
These commenters stated that the air quality in the area is very poor, 
especially during the winter and during inversions. The commenters 
further stated that the poor air quality results in adverse health 
effects for the citizens of Pocatello, such as headaches, sinus 
infections, sore throats, burning eyes, and respiratory problems.
    It is certainly correct that poor air quality can cause or 
aggravate health problems. However, the scope of the action that was 
proposed, is very narrow; the only issue is whether the Portneuf Valley 
area has attained the PM-10 standards as of December 31, 1996, the 
attainment date for the area. Under sections 179(c)(1) and 188(b)(2) of 
the Clean Air Act (CAA), such a finding is based exclusively upon 
measured air quality levels over the most recent and complete three 
calendar year period preceding the attainment date, not on health data. 
See 40 CFR part 50 and appendix K. EPA finds that monitored air quality 
data in the Portneuf Valley nonattainment area shows attainment of the 
PM-10 NAAQS as of the attainment date of December 31, 1996.
    Although EPA is finding that the Portneuf Valley area has attained 
the PM-10 standards, the area will continue to be designated 
nonattainment for PM-10 until the State of Idaho (Idaho or IDEQ) 
completes all planning obligations required by the CAA. These 
obligations include maintaining compliance with the PM-10 NAAQS, 
developing and submitting a State Implementation Plan (SIP) that 
provides the regulatory framework for attaining the PM-10 NAAQS, and 
developing and submitting a maintenance plan that will assure 
maintenance of the PM-10 standards for an additional 10-year period. 
Both the SIP and maintenance plan must demonstrate that the PM-10 NAAQS 
is protected at all places in the Portneuf Valley nonattainment area at 
all times.
    EPA also notes that one of the major sources of particulate matter 
and particulate precursor gasses in the area, the FMC/Astaris elemental 
phosphorus facility, just across the border from the Portneuf Valley 
PM-10 nonattainment area, has recently shut down manufacturing 
operations resulting in significantly reduced emissions of PM-10. EPA 
estimates that almost 400 tons

[[Page 48554]]

per year of PM-10 have been eliminated from this shutdown.

B. Planning for the Portneuf Valley Area

    One commenter expressed concern that the Portneuf Valley area has 
no SIP in place that shows how the area will demonstrate attainment 
with the NAAQS for the next 10 years. The commenter states that EPA 
should not be moving to upgrade the nonattainment status of the 
Portneuf Valley area until such time as Idaho has an approved SIP that 
outlines a plan for improvement of air quality and that ensures 
compliance with air quality standards for the next decade.
    As discussed above, this finding of attainment under section 
179(c)(1) and 188(b)(2) of the CAA is based exclusively upon measured 
air quality levels over the most recent and complete three calendar 
year period preceding the attainment date. The status of the area's 
planning efforts are not relevant to a determination of attainment 
under section 179(c)(1) and 188(b)(2) of the CAA. In order for the 
Portneuf Valley PM-10 nonattainment area to be redesignated from 
nonattainment to attainment, however, Idaho must complete all planning 
obligations required by the CAA, including maintaining compliance with 
the PM-10 NAAQS, developing and submitting a SIP that provides the 
regulatory framework for attaining the PM-10 NAAQS, and developing and 
submitting a maintenance plan that assures maintenance of the PM-10 
standards for an additional 10-year period. Although IDEQ has not yet 
completed its planning efforts for the area, EPA believes that Idaho 
has made substantial progress in its planning efforts, especially the 
nonattainment planning requirements under section 189 of the CAA.

C. Secondary Aerosols

    One commenter stated that neither EPA nor IDEQ has any plan to deal 
with secondary aerosols (or their precursors) and that secondary 
aerosols constitute a large portion of overall air pollution in the 
area. The measured air quality data relied on in this action includes 
PM-10 contributions from secondary aerosols and their precursors. This 
data shows that secondary aerosols are not causing a violation of the 
PM-10 standards. As discussed above, the status of the area's planning 
efforts are not relevant to a determination of attainment under section 
179(c)(1) and 188(b)(2) of the CAA.

D. December 1999 Data

    One commenter noted the air pollution episode that occurred at the 
end of December 1999, suggesting this information should preclude a 
finding of attainment. As discussed above, the FRM at Garret and Gould 
recorded three exceedances of the 24-hour standard in 1999, there were 
no exceedances at this monitor during 1997, 1998, 2000, or 2001. Thus, 
the expected exceedance rate for each three-year period including 1999 
is 1.0 and does not represent a violation of the 24-hour PM-10 NAAQS. 
In any event, the finding at issue in this action is whether the area 
attained the PM-10 standards as the attainment date of December 31, 
2001.

IV. Implications of Today's Action

    As discussed above, EPA finds that the Portneuf Valley PM-10 
nonattainment area attained the PM-10 NAAQS by December 31, 1996, the 
attainment date for the area. This finding of attainment should not be 
confused, however, with a redesignation to attainment under CAA section 
107(d) because the State has not, for the Portneuf Valley area, 
submitted a SIP or maintenance plan as required under section 175(A) of 
the CAA or met the other CAA requirements for redesignations to 
attainment. The designation status in 40 CFR part 81 will remain 
moderate nonattainment for the Portneuf Valley PM-10 nonattainment area 
until such time as Idaho meets the CAA requirements for redesignations 
to attainment.

V. 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 action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
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 approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 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 approves a state rule 
implementing a Federal standard, 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. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. 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. 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

[[Page 48555]]

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 is published in the Federal Register. This action is 
not a ``major rule'' as defined by 5 U.S.C. 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 September 23, 2002. 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 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 12, 2002.
L. John Iani,
Regional Administrator, Region 10.
[FR Doc. 02-18869 Filed 7-24-02; 8:45 am]
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