[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Rules and Regulations]
[Pages 41379-41381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17417]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Docket EPA-R10-OAR-2010-0432; FRL-9171-4]


Finding of Attainment for PM10 for the Mendenhall 
Valley PM10 Nonattainment Area, AK

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA finds that the Mendenhall Valley nonattainment area in 
Alaska 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) as of December 31, 1995.

DATES: This rule is effective on September 14, 2010, without further 
notice, unless EPA receives adverse comment by August 16, 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-2010-0432, 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-
2010-0432. 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 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, 
Suite 900, 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 Mendenhall 
PM10 nonattainment area?
    E. What PM10 planning has occurred for the Mendenhall 
Valley PM10 nonattainment area?
II. EPA's Analysis
    A. What does the air quality data show as of the December 31, 
1995 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.
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    \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.
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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 on August 7, 1987 (52 FR 29383), as further 
clarified on October 31, 1990 (55 FR 45799), and any other areas 
violating the NAAQS for PM10 prior to January 1, 1989. A 
Federal Register notice announcing the areas

[[Page 41380]]

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 Mendenhall Valley 
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). 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 
PM10 NAAQS by that date. Determinations under section 
179(c)(1) of the Act are to be based upon the area's ``air quality as 
of the attainment date.'' Section 188(b)(2) is consistent with this 
requirement.
    Generally, we 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 stations (NAMS) 
and recently renamed National Core (NCore) monitoring stations in the 
nonattainment areas and entered into the EPA's national data base, now 
called Air Quality System (AQS). Data entered into the AQS 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) 
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 24-hour standard is determined by calculating the 
expected number of days in a year with PM10 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. Three consecutive 
years of air quality data are generally required to show attainment of 
the 24-hour standards for PM10. See 40 CFR part 50 and 
appendix K.

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

    The original attainment date for the Mendenhall Valley 
PM10 nonattainment area was December 31, 1994. On September 
12, 1994, (60 FR 47276) the attainment date was later extended to 
December 31, 1995, under the authority of section 188(d) of the Act.

E. What PM10 Planning has occurred for the Mendenhall Valley PM10 
nonattainment area?

    After the Mendenhall Valley PM10 nonattainment area was 
designated nonattainment for PM10, the Alaska Department of 
Environmental Conservation (ADEC), 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 ADEC developed and implemented control measures on 
PM10 sources in the Mendenhall Valley PM10 
nonattainment area. The State submitted these control measures to EPA 
on June 22, 1993, 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 and controls on fugitive road dust. EPA took final 
action to approve the State's moderate PM10 SIP on March 24, 
1994, (59 FR 13885).

II. EPA's Analysis

A. What does the air quality data show as of the December 31, 1995 
attainment date?

    Whether an area has attained the PM10 NAAQS is based 
exclusively upon measured air quality levels over the three calendar 
years See 40 CFR part 50 appendix K. For an area with a December 31, 
1995, attainment date, data reported for calendar years 1993, 1994 and 
1995 is considered. EPA also considered air quality data reported for 
the period subsequent to the attainment date to the present to 
demonstrate the area continued to attain the PM10 NAAQS.
    The State of Alaska operated two PM10 SLAMS monitoring 
sites in the Mendenhall Valley PM10 nonattainment area 
during 1992 through 1995: Floyd Dryden High School and Trio Street. 
Both sites meet Federal siting requirements and are appropriate for 
monitoring the area's compliance with the PM10 NAAQS. (See 
EPA's letters approving Alaska's annual network review.) The Trio 
Street site ceased operation in 1997. The Floyd Dryden Middle School 
site continued operation through 2009.
Floyd Dryden Middle School Site
    The Floyd Dryden site recorded two values above the level of the 24 
hour PM10 NAAQS (exceedances) in February 1992. These values were 
flagged by ADEC as exceptional events due to high winds, but AQS does 
not show that R10 concurred on these flags. Thus, these two daily 
values are included in the expected exceedance calculations. Outside of 
these two exceedances there have been no other exceedances of the daily 
PM10 standard at the Floyd Dryden Middle School site from 
February 1992 through December 31, 2009.
    There were a number of years for which the number of reported daily 
values did not meet the 75% data completeness criteria required for 
making attainment determinations: 1998, 2000, 2003, 2008, and 2009. 
Therefore an affirmative attainment determination can only be made for 
a subset of these years; 1992-94, 1993-95, 1994-96, 1995-97, 2004-06, 
and 2005-07. The 1993-1995 expected exceedance rate is 0.0 which 
likewise demonstrates attainment with the NAAQS by the attainment date.
Trio Street Site
    The Trio Street site recorded five PM10 exceedances in 
1992 and three in 1993. Of these eight total exceedances, only the four 
recorded in the first quarter 1992 were flagged by ADEC as high wind 
exceptional events. The AQS does not show that Region 10 concurred on 
these high wind events and therefore the data cannot be excluded from 
expected exceedance calculations. There were no exceedances from 1994 
through 1997 when the site ceased operation. For the time period of

[[Page 41381]]

January 1, 1992 to June 30, 1997, the Trio Street site met the 75% 
quarterly data completeness requirement. Thus, there is sufficient data 
to make an attainment determination. The expected exceedance 
calculation for years 1993-95 was 1.0, which demonstrates attainment. 
An expected exceedance rate of greater than 1.0 would be a violation of 
the NAAQS.

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

    Although the attainment date for the Mendenhall Valley 
PM10 nonattainment area is December 31, 1995, and the air 
quality data used to judge attainment by that date includes all data 
collected in calendar years 1993, 1994, and 1995, EPA has also reviewed 
the air quality data collected at the State monitoring sites from 
January 1996 through December 2009. As discussed above, there have been 
no exceedances recorded at the Floyd Dryden site since 1992 and no 
exceedances recorded at the Trio Street site from 1994 through 1997, 
when it ceased operation. Thus, the area continues to be in compliance 
with the 24 hour PM10 NAAQS during this period.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this 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 Clean Air Act; 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 the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it 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 September 14, 2010. 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: June 22, 2010.
Dennis J. McLerran,
Regional Administrator, EPA, Region 10.
[FR Doc. 2010-17417 Filed 7-15-10; 8:45 am]
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