[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Rules and Regulations]
[Pages 35302-35305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14892]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Docket: EPA-R10-OAR-2010-0294; FRL-9165-2]


Determination of Attainment for PM10 for the Sandpoint PM10 
Nonattainment Area, Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA has determined that the Sandpoint nonattainment area in 
Idaho attained the National Ambient Air Quality Standard (NAAQS) for 
particulate matter with an aerodynamic diameter of less than or equal 
to a nominal ten micrometers (PM10).

DATES: This action is effective on August 23, 2010, without further 
notice, unless EPA receives adverse comment by July 22, 2010. If EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2010-0294, by any of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Mail: Steve Body, EPA Region 10, Office of Air, Waste and 
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle WA, 98101. Attention: Steve Body, Office of Air, 
Waste and Toxics, AWT--107. Such deliveries are only accepted during 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2010-0294. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which

[[Page 35303]]

means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through http://www.regulations.gov your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification.
    EPA may not be able to consider your comment. Electronic files 
should avoid the use of special characters, any form of encryption, and 
be free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, 
Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number: (206) 
553-0782, e-mail address: [email protected], or the above EPA, Region 
10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'' or ``our'' are used, we mean EPA. Information is organized as 
follows:

Table of Contents

I. Background
    A. PM10 NAAQS
    B. Designation and Classification of PM10 
Nonattainment Areas
    C. How does EPA make attainment determinations?
    D. What is the attainment date for the Sandpoint PM10 
nonattainment area?
    E. What PM10 planning has occurred for the Sandpoint 
PM10 nonattainment area?
II. EPA's Analysis
    A. What does the air quality data show as of the December 31, 
1996 Attainment date?
    B. Does more recent air quality data also show attainment?
III. Statutory and Executive Order Reviews

I. Background

A. PM10 NAAQS

    The NAAQS are levels for certain ambient air pollutants set by EPA 
to protect public health and welfare. PM10, or particulate 
matter with an aerodynamic diameter less than or equal to a nominal 10 
micrometers, is among the ambient air pollutants for which EPA has 
established health-based standards. On July 1, 1987 (52 FR 24634), EPA 
promulgated two primary standards for PM10: a 24-hour 
standard of 150 micrograms per cubic meter ([mu]g/m\3\) and an annual 
PM10 standard of 50 [mu]g/m\3\. EPA also promulgated 
secondary PM10 standards that were identical to the primary 
standards.
    Effective December 18, 2006, EPA revoked the annual PM10 
standard but retained the 24-hour PM10 standard. 71 FR 61144 
(October 17, 2006). The 24-hour PM10 standard is attained 
when the expected number of days per calendar year with a 24-hour 
concentration in excess of the standard, as determined in accordance 
with 40 CFR part 50, appendix K, is equal to or less than one.\1\ 40 
CFR 50.6 and 40 CFR part 50, appendix K.
---------------------------------------------------------------------------

    \1\ An exceedance is defined as a daily value that is above the 
level of the 24-hour standard (150 [mu]g/m\3\) after rounding to the 
nearest 10 [mu]g/m\3\ (i.e. values ending in 5 or greater are to be 
rounded up). Thus, a recorded value of 154 [mu]g/m\3\ would not be 
an exceedance since it would be rounded to 150[mu]/m\3\ whereas a 
recorded value of 155 [mu]g/m\3\ would be an exceedance since it 
would be rounded to 160 [mu]/m\3\. See 40 CFR part 50, appendix K, 
section 1.0.
---------------------------------------------------------------------------

B. Designation and Classification of PM10 Nonattainment 
Areas

    Areas meeting the requirements of section 107(d)(4)(B) of the Clean 
Air Act (CAA or the Act) 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 NAAQS for PM10 prior to January 1, 1989. 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). The Sandpoint PM10 
nonattainment area was one of these initial moderate PM10 
nonattainment areas.
    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. States containing initial moderate PM10 nonattainment 
areas were required to develop and submit to EPA by November 15, 1991, 
a state implementation plan (SIP) revision providing 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).

C. 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). Section 188(b)(2) of the Act 
requires EPA to determine within six months of the applicable 
attainment date whether, based on air quality data, PM10 
nonattainment areas attained the PM10 NAAQS by that date. 
Generally, EPA determines whether an area's air quality is meeting the 
PM10 NAAQS based upon complete, quality-assured data 
gathered at established state and local air monitoring stations (SLAMS) 
and national air monitoring stations (NAMS) in the nonattainment areas 
and entered into the EPA Air Quality System (AQS). Data from air 
monitors operated by State/local/tribal agencies in compliance with EPA 
monitoring requirements must be submitted to AQS. EPA relies primarily 
on data in AQS when determining the attainment status of an area. See 
40 CFR 50.6; 40 CFR part 50, appendix J; 40 CFR part 53; 40 CFR part 
58, appendix A. EPA 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, including 
the quality assurance and quality control criteria in 40 CFR part 58, 
appendix A. 40 CFR 58.14 (2006) and 58.20 (2007); \2\ 71 FR 61236, 
61242 (October 17, 2006). All valid data are reviewed to determine the 
area's air quality status in

[[Page 35304]]

accordance with 40 CFR part 50, appendix K.
---------------------------------------------------------------------------

    \2\ EPA promulgated amendments to the ambient air monitoring 
regulations in 40 CFR parts 53 and 58 on October 17, 2006. See 71 FR 
61236. The requirements for Special Purpose Monitors were revised 
and moved from 40 CFR 58.14 to 40 CFR 58.20.
---------------------------------------------------------------------------

    Attainment of the 24-hour PM10 standard is determined by 
calculating the expected number of exceedances of the standard in a 
year. The 24-hour standard is attained when the expected exceedances 
averaged over a three-year period is less than or equal to one. 
Generally, three consecutive years of air quality data are required to 
show attainment of the 24-hour PM10 standard. See 40 CFR 
part 50 and appendix K.\3\
---------------------------------------------------------------------------

    \3\ Because the annual PM10 standard was revoked 
effective December 18, 2006, see 71 FR 61144 (October 17, 2006), 
this notice discusses only attainment of the 24-hour PM10 
standard.
---------------------------------------------------------------------------

D. What is the attainment date for the Sandpoint PM10 
nonattainment area?

    The original attainment date for the Sandpoint PM10 
nonattainment area was December 31, 1994. The attainment date was later 
extended to December 31, 1995, and then to December 31, 1996, under the 
authority of section 188(d) of the Act. See 61 FR 20730 (May 8, 1996) 
(first one-year extension); 61 FR 66602 (December 18, 1996) (second 
one-year extension).

E. What PM10 planning has occurred for the Sandpoint 
PM10 nonattainment area?

    After the Sandpoint PM10 nonattainment area was 
designated nonattainment for PM10, the Idaho Department of 
Environmental Quality (IDEQ), began in the early 1990s to prepare the 
technical elements needed to bring the area into attainment and meet 
the planning requirements of title I of the CAA. Based on these 
technical products IDEQ developed and implemented control measures on 
PM10 sources in the Sandpoint PM10 nonattainment 
area. The State submitted these control measures to EPA on August 16, 
1996, as a moderate PM10 nonattainment SIP revision under 
section 189(a) of the Act. The control measures submitted by the State 
include a comprehensive residential wood combustion program, controls 
on fugitive road dust and emission limitations on industrial sources. 
EPA took final action to approve the State's moderate PM10 
SIP on June 26, 2002. See 67 FR 43006.

II. EPA's Analysis

A. What does the air quality data show as of the December 31, 1996 
attainment date?

    The State of Idaho operated a PM10 SLAMS monitoring site 
in the Sandpoint PM10 nonattainment area at the Sandpoint 
Post Office until October 2001. A new site was established in Sandpoint 
in November 2001 at 310 South Division Street. This site continued 
operation through March 2009. In March 2009 the site was moved to 1601 
Ontario Street in Sandpoint. All three sites meet Federal siting 
requirements and are appropriate for monitoring the area's compliance 
with the PM10 NAAQS. (See EPA's letters approving Idaho's 
annual network review.)
    Based on a review of air quality data during the three-year period 
ending with the December 31, 1996 attainment date, one 24 hour 
PM10 concentration, reported on January 26, 1994, exceeded 
the level of the 24 hour NAAQS, but this single exceedance did not 
cause a violation of the 24 hour NAAQS for the calendar years 1994-
1996. The expected exceedance rate for the Sandpoint area for 1994-1996 
is 0.7 days per year. This is less than the expected exceedance rate of 
the 24 hour NAAQS of 1.0 and demonstrates attainment of the 24-hour 
PM10. EPA has therefore determined that the Sandpoint 
PM10 nonattainment area attained the PM10 NAAQS 
by the extended attainment date of December 31, 1996.

B. Does more recent air quality data also show attainment?

    Although the attainment date for the Sandpoint PM10 
nonattainment area is December 31, 1996, EPA has also reviewed the air 
quality data collected at the State monitoring sites in the Sandpoint 
area from January 1997 through December 2009. The data continue to show 
attainment of the 24 hour PM10 NAAQS during this period. The 
monitoring site at the Post Office reported no exceedances of the 24 
hour NAAQS from 1997 until it was discontinued in 2001. The new 
monitoring site at 310 South Division Street, which began monitoring in 
2001, likewise reported no exceedances of the 24 hour NAAQS from 2001 
through 2009.

III. Statutory and Executive Order Reviews

    This action proposes to make a determination based on air quality 
data, and would, if finalized, not result in the imposition of any 
additional Federal requirements. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997); is not a significant regulatory action subject 
to Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it does not apply in Indian country located in the State, and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law.
    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 action 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 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 August 23, 2010.

[[Page 35305]]

Filing a petition for reconsideration by the Administrator of this 
final rule does not affect the finality of this action 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. Parties with objections to this 
direct final rule are encouraged to file a comment in response to the 
parallel notice of proposed rulemaking for this action published in the 
proposed rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: May 28, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2010-14892 Filed 6-21-10; 8:45 am]
BILLING CODE 6560-50-P