[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Rules and Regulations]
[Pages 5280-5284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2121]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R08-OAR-2010-0749; FRL-9260-6]


 Determination of Attainment for PM10; Columbia Falls 
and Libby Nonattainment Areas, Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA has determined that the Columbia Falls and Libby 
nonattainment areas in Montana 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, 1994.

DATES: This rule is effective on April 1, 2011 without further notice, 
unless EPA receives adverse comments by March 2, 2011. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2010-0749, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Callie Videtich, Director, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129.
     Hand Delivery: Callie Videtich, Director, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2010-0749. 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. For additional instructions on submitting 
comments, go to Section I. General Information of the SUPPLEMENTARY 
INFORMATION section of this document.
    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, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. EPA requests that if at all possible, you 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section to view the hard copy of the docket. You may view the hard copy 
of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Crystal Freeman, U.S. Environmental 
Protection Agency, Region 8, Air Program, Mail Code 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129, (303) 312-6602, 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
    A. PM10 Standard
    B. Columbia Falls PM10 Nonattainment Area
    i. Attainment Date for the Columbia Falls PM10 
Nonattainment Area
    ii. PM10 Planning in the Columbia Falls 
PM10 Nonattainment Area
    C. Libby PM10 Nonattainment Area
    i. Attainment Date for the Libby PM10 Nonattainment 
Area
    ii. PM10 Planning in the Libby PM10 
Nonattainment Area
III. Attainment Determination
    A. What are the requirements for an attainment determination?

[[Page 5281]]

    B. What do the air quality data show for the Columbia Falls 
PM10 nonattainment area?
    C. What do the air quality data show for the Libby 
PM10 nonattainment area?
IV. EPA's Final Action
V. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Montana mean the State of Montana, unless 
the context indicates otherwise.

I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information placed on a 
disk or CD-ROM that you mail to EPA, mark the outside of the disk or 
CD-ROM as CBI and then identify electronically within the disk or CD-
ROM the specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Background

A. PM10 Standard

    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.\1\ 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 above 154 [mu]g/m\3\, as determined in accordance 
with 40 CFR part 50, appendix K, is equal to or less than one.\2\ 40 
CFR 50.6 and 40 CFR part 50, appendix K.
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    \1\ Because the annual PM10 standard was revoked 
effective December 18, 2006, see 71 FR 61144 (October 17, 2006), 
this document discusses only attainment of the 24-hour 
PM10 standard. Columbia Falls and Libby PM10 
nonattainment areas were in attainment of the revoked annual 
PM10 standard.
    \2\ 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]g/m\3\ whereas a 
recorded value of 155 [mu]g/m\3\ would be an exceedance since it 
would be rounded to 160 [mu]g/m\3\. See 40 CFR part 50, appendix K, 
section 1.0.
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    The EPA also promulgated policies and regulations by which it will 
implement the PM10 NAAQS (52 FR 24672). In accordance with 
these policies, EPA has categorized areas of the Nation into three 
groups based on the likelihood that the existing SIP must be revised to 
protect the PM10 NAAQS. Areas with a strong likelihood of 
violating the PM10 NAAQS and requiring substantial SIP 
revisions were placed in Group I; areas where attainment of the 
PM10 NAAQS is uncertain and the SIP may require only slight 
adjustment were placed in Group II; and areas with a strong likelihood 
of attaining the PM10 NAAQS, and therefore probably having 
an adequate control strategy, were placed in Group III.\3\ By this 
notice, EPA is identifying the Group I and Group II areas in Montana 
that reached attainment.
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    \3\ The EPA used a three-step process to categorize areas into 
Groups I, II, and III. First, where only ambient TSP data or limited 
amounts of PM10 data were available, EPA in cooperation 
with State agencies used those data and the probability guideline to 
classify areas preliminarily as Group I, II, or III. The EPA 
presumed that, at a minimum, the (1) areas with a probability of not 
attaining the PM10 standard of at least 95 percent fit 
into Group I; (2) areas with a probability of between 20 and 95 
percent fit into Group II; and (3) areas with a probability of less 
than 20 percent fit into Group III. 52 FR 29383, 29384 (August 7, 
1987).
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B. Columbia Falls PM10 Nonattainment Area

    On August 7, 1987 (52 FR 29383), EPA identified a number of areas 
across the country as PM10 ``Group II'' areas of concern, 
that is, areas between 20% and 95% likelihood of violating the 
PM10 NAAQS. The Columbia Falls PM10 nonattainment 
area was identified as a Group II area of concern.
    Areas meeting the requirements of section 107(d)(4)(B) were 
designated nonattainment for PM10 by operation of law and 
classified ``moderate'' upon enactment of the 1990 Clean Air Act 
Amendments. 42 U.S.C. 7407(d)(4)(B). These areas included all former 
Group II PM10 planning areas identified on August 7, 1987 
(52 FR 29383), and other areas violating the NAAQS for PM10 
prior to January 1, 1989. On October 31, 1990 (55 FR 45799), EPA 
further clarified the descriptions of Group I and Group II areas of 
concern listed in the August 7, 1987 (52 FR 29383) notice. A Federal 
Register notice announcing the areas designated nonattainment for 
PM10 upon enactment of the 1990 Clean Air Act Amendments, 
known as ``initial'' PM10 nonattainment areas, was published 
on March 15, 1991 (56 FR 11101). The Columbia Falls PM10 
nonattainment area was one of these initial moderate PM10 
nonattainment areas.
i. Attainment Date for the Columbia Falls PM10 Nonattainment 
Area
    All initial moderate PM10 nonattainment areas had the 
same applicable attainment date of December 31, 1994. States containing 
initial moderate PM10 nonattainment areas were required to 
develop and submit to EPA by November 15, 1991, a SIP revision 
providing for implementation of reasonably available control measures 
(RACM), including reasonably available control technology (RACT), and a 
demonstration of whether attainment of

[[Page 5282]]

the PM10 NAAQS by the December 31, 1994 attainment date was 
practicable. See section 189(a).
ii. PM10 Planning in the Columbia Falls PM10 
Nonattainment Area
    After the Columbia Falls PM10 nonattainment area was 
designated nonattainment for PM10, the Montana Board of 
Health and Environmental Sciences (MBHES) 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 elements, MBHES developed and implemented control 
measures on PM10 sources in the Columbia Falls 
PM10 nonattainment area. The Columbia Falls PM10 
SIP was originally adopted by the MBHES on January 24, 1992, and 
submitted to EPA on May 6, 1992. Deficiencies were identified by EPA 
and the final technical corrections were submitted to EPA on June 15, 
1993. EPA approved the Columbia Falls PM10 SIP on April 14, 
1994, with technical corrections dated June 15, 1993 (59 FR 17700). The 
State failed to submit the contingency measures by the November 15, 
1993, due date. On January 19, 1994, EPA made a finding that the State 
failed to submit the contingency measures. In response to this finding 
the Governor of Montana submitted revisions to the SIP for Columbia 
Falls dated August 26, 1994, to address the contingency measures and 
EPA approved the revisions on March 19, 1996 (61 FR 11153).

C. The Libby PM10 Nonattainment Area

    On August 7, 1987 (52 FR 29383), EPA identified a number of areas 
across the country as PM10 ``Group I'' areas of concern, 
that is, areas with a 95% or greater likelihood of violating the 
PM10 NAAQS and requiring substantial planning efforts. The 
Libby PM10 nonattainment area was identified as a Group I 
area of concern.
    Areas meeting the requirements of section 107(d)(4)(B) were 
designated nonattainment for PM10 by operation of law and 
classified ``moderate'' upon enactment of the 1990 Clean Air Act 
Amendments. See 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), and other areas violating the NAAQS for 
PM10 prior to January 1, 1989. On October 31, 1990 (55 FR 
45799), EPA further clarified the descriptions of Group I and Group II 
areas of concern listed in the August 7, 1987 (52 FR 29383) notice. A 
Federal Register notice announcing the areas designated nonattainment 
for PM10 upon enactment of the 1990 Clean Air Act 
Amendments, known as ``initial'' PM10 nonattainment areas, 
was published on March 15, 1991 (56 FR 11101). The Libby 
PM10 nonattainment area was one of these initial moderate 
PM10 nonattainment areas.
i. Attainment Date for the Libby PM10 Nonattainment Area
    All initial moderate PM10 nonattainment areas had the 
same applicable attainment date of December 31, 1994. States containing 
initial moderate PM10 nonattainment areas were required to 
develop and submit to EPA by November 15, 1991, a SIP revision 
providing implementation of RACM, including RACT, and a demonstration 
of whether attainment of the PM10 NAAQS by the December 31, 
1994 attainment date was practicable. See section 189(a).
ii. PM10 Planning in the Libby PM10 Nonattainment 
Area
    After the Libby PM10 nonattainment area was designated 
nonattainment for PM10, the MBHES 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 elements, MBHES developed and implemented 
control measures on PM10 sources in the Libby 
PM10 nonattainment area. The Libby PM10 SIP was 
originally adopted by the MBHES on November 15, 1991, and submitted to 
EPA on November 25, 1991. Deficiencies were identified by EPA and 
revisions were adopted by MBHES on March 19, 1993, and submitted to EPA 
on May 24, 1993. Final technical corrections to the SIP were sent to 
EPA on June 3, 1994. EPA approved the Libby PM10 SIP, with 
the exception of the contingency measures, on August 30, 1994 (59 FR 
44627). The Governor of Montana submitted revisions to the contingency 
measures on March 15, 1995 and EPA approved the contingency measures on 
September 30, 1996 (61 FR 51014).

III. Attainment Determination

A. What are the requirements for an attainment determination?

    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 in 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; and 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); \4\ 71 FR 61236, 61242 (October 
17, 2006). All valid data are reviewed to determine the area's air 
quality status in accordance with 40 CFR part 50, appendix K.
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    \4\ 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.
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    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 number of days 
per calendar year with a 24-hour concentration above 154 [mu]g/m\3\ 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.

B. What do the air quality data show for the Columbia Falls 
PM10 nonattainment Area?

    Because the Columbia Falls PM10 nonattainment area had a 
December 31, 1994, attainment date, our determination of whether or not 
the area attained the standard is based on 1992, 1993 and 1994 complete 
quality-assured data for the area. During that period, the State of 
Montana operated one PM10 SLAMS monitoring site at the 
Columbia Falls Junior High School, which is within the Columbia Falls 
nonattainment area. The monitoring site met EPA SLAMS network design 
and siting requirements set forth at 40 CFR part 58, appendices D and 
E. The Columbia Falls Junior High School monitor began operation on 
April 21, 1987 and ceased operation on December 28, 2002.
    Our review of complete quality-assured air quality data from the 
Columbia Falls Junior High School site for the period from January 1, 
1992 through December 31, 1994, shows no data values exceeded the level 
of the 24-hour standard. Because there were no recorded exceedances of 
the 24-hour

[[Page 5283]]

PM10 standard during calendar years 1992-1994, the estimated 
number of PM10 exceedances for the 1992-1994 period is 0.0, 
as seen in Figure 1. Therefore, the Columbia Falls nonattainment area 
has demonstrated attainment for the 24-hour PM10 NAAQS as of 
the attainment date of December 31, 1994. Additionally, we evaluated 
complete quality-assured air quality data at all monitors within the 
Columbia Falls PM10 nonattainment area after the attainment 
date of December 31, 1994 to 2009 and found no recorded exceedances.

               Figure 1--Number of Estimated PM10 Exceedances in Columbia Falls Nonattainment Area
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                                                 Columbia Falls     Corner of C St  & 4th  Corner of C St  & 4th
                                               Junior High School            Ave                    Ave
                                            --------------------------------------------------------------------
                                                 30-029-0003-2          30-029-0007-1          30-029-0007-2
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1992.......................................                     0                      *                      *
1993.......................................                     0                      *                      *
1994.......................................                     0                      *                      *
1995.......................................                     0                      *                      *
1996.......................................                     0                      *                      *
1997.......................................                     0                      *                      *
1998.......................................                     0                      *                      *
1999.......................................                     0                      *                      *
2000.......................................                     0                      *                      *
2001.......................................                     0                      0                      *
2002.......................................                     0                      0                      *
2003.......................................                     *                      0                      *
2004.......................................                     *                      0                      *
2005.......................................                     *                      0                      0
2006.......................................                     *                      0                      0
2007.......................................                     *                      0                      0
2008.......................................                     *                      0                      0
2009.......................................                     *                      0                      0
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*No Data Collected.

C. What do the air quality data show for the Libby PM10 
nonattainment area?

    Because the Libby PM10 nonattainment area had a December 
31, 1994, attainment date, our determination of whether or not the area 
attained the standard is based on 1992, 1993 and 1994 complete quality-
assured data for the area. During that period, the State of Montana 
operated two PM10 SLAMS monitoring sites within the Libby 
nonattainment area: the Lincoln County Courthouse site and the Libby 
Courthouse Annex site. Both monitoring sites met EPA SLAMS network 
design and siting requirements set forth at 40 CFR part 58, appendices 
D and E. The Lincoln County Courthouse monitor began operation on April 
21, 1987 and ceased operation on March 31, 1995. The Libby Courthouse 
Annex monitor began operating on October 8, 1993 and continues to 
operate.
    Our review of complete quality-assured air quality data from the 
Lincoln County Courthouse site and the Libby Courthouse Annex site for 
the period from January 1, 1992 through December 31, 1994, shows no 
data values exceeded the level of the 24-hour standard. Because there 
were no recorded exceedances of the 24-hour PM10 standard 
during calendar years 1992-1994, the estimated number of 
PM10 exceedances for the 1992-1994 period is 0.0, as seen in 
Figure 2. Therefore, the Libby nonattainment area has demonstrated 
attainment for the 24-hour PM10 NAAQS as of the attainment 
date of December 31, 1994. Additionally, we evaluated complete quality-
assured air quality data at all monitors within the Libby 
PM10 nonattainment area after the attainment date of 
December 31, 1994 to 2009 and found no recorded exceedances.

                 Figure 2--Number of Estimated PM10 Exceedance in Libby PM10 Nonattainment Area
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                                              Lincoln  Courthouse      Libby Courthouse       Libby Courthouse
                                            -----------------------         Annex                  Annex
                                                                   ---------------------------------------------
                                                 30-053-0012-2          30-053-0018-1          30-053-0018-2
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1992.......................................                     0                      *                      *
1993.......................................                     0                      0                      *
1994.......................................                     0                      0                      *
1995.......................................                     0                      0                      *
1996.......................................                     *                      0                      *
1997.......................................                     *                      0                      *
1998.......................................                     *                      0                      *
1999.......................................                     *                      0                      *
2000.......................................                     *                      0                      *
2001.......................................                     *                      0                      *
2002.......................................                     *                      0                      0
2003.......................................                     *                      0                      0
2004.......................................                     *                      0                      0
2005.......................................                     *                      0                      0
2006.......................................                     *                      0                      0
2007.......................................                     *                      0                      0

[[Page 5284]]

 
2008.......................................                     *                      0                      0
2009.......................................                     *                      0                      *
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*No Data Collected

IV. EPA's Final Action

    EPA is determining that the Columbia Falls and Libby areas have 
attained the PM10 standard based on the three years of 
complete, quality-assured data as of the attainment date of December 
31, 1994. For the period from 1992-1994, the expected exceedance for 
both areas is 0.0, which is equal to or less than the expected 
exceedance rate of 1.0 (40 CFR part 50, appendix K). Because complete 
quality-assured data for this period shows an expected exceedance rate 
equal to or below the PM10 standard, EPA concludes that the 
areas have met the standard. Pursuant to CAA Sec.  188(c), EPA is 
required to make a determination of attainment. There were no 
violations and therefore no health risk. EPA therefore determines that 
the Columbia Falls and Libby nonattainment areas have attained the 24-
hour PM10 NAAQS as of the December 31, 1994 attainment date.

V. Statutory and Executive Order Review

    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 April 1, 2011. 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: January 20, 2011.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2011-2121 Filed 1-28-11; 8:45 am]
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