[Federal Register Volume 66, Number 153 (Wednesday, August 8, 2001)]
[Proposed Rules]
[Pages 41486-41489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19877]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MT-001-0038, CO-001-0065; FRL-7028-5]
Clean Air Act Determination of Attainment for PM10
Nonattainment Areas; Montana and Colorado
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to make 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 nonattainment area was required by the
Clean Air Act Amendments (CAAA) of 1990 to attain the PM10
NAAQS by December 31, 1999. This proposed 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 proposed determinations are based on complete,
quality assured ambient air quality monitoring data for the years 1998,
1999, and 2000.
DATES: Written comments must be received on or before September 7,
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 and copies of the
Incorporation by Reference material are available at the Air and
Radiation Docket and Information Center, Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Cindy Rosenberg, EPA, Region VIII,
(303) 312-6436.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'', or ``our'' are used, we mean the Environmental Protection
Agency (EPA).
Table of Contents
I. Background
A. Designation and Classification of PM10
Nonattainment Areas.
B. How Does EPA Make Attainment Determinations?
II. EPA's Proposed Action
III. Basis for EPA's Proposed Action
A. Whitefish, Montana
1. Determination that the Whitefish PM10
Nonattainment Area Attained the PM10 NAAQS as of December
31, 1999.
B. Thompson Falls, Montana
1. Determination that the Thompson Falls PM10
Nonattainment Area Attained the PM10 NAAQS as of December
31, 2000.
C. Steamboat Springs, Colorado
1. Determination that the Steamboat Springs PM10
Nonattainment Area Attained the PM10 NAAQS as of December
31, 2000.
IV. Administrative Requirements
I. Background
A. Designation and Classification of PM10 Nonattainment
Areas
The Whitefish and Thompson Falls areas were designated
nonattainment for PM10 and classified as moderate under
section 107(d)(3) of the Clean Air Act, on October 19, 1993 and
December 21, 1993 respectively.\1\ See 58 FR 36907 (July 9, 1993), 58
FR 53886 (October 19, 1993) and 40 CFR 81.327 (Flathead County (part))
in regards to Whitefish. See 57 FR 43846 (September 22, 1992), 58 FR
67334 (December 21, 1993) and 40 CFR 81.306 (Sanders County (part)) in
regards to Thompson Falls. The Whitefish designation became effective
on November 18, 1993 and the Thompson Falls designation became
effective on January 20, 1994. The Steamboat Springs, Colorado area was
designated nonattainment for PM10 and classified as moderate
under section 107(d)(3) of the CAA, on December 21, 1993. See 57 FR
43846 (September 22, 1992), 58 FR 67334 (December 21, 1993) and 40 CFR
81.306 (Routt County (part)). The Steamboat Springs
[[Page 41487]]
designation became effective on January 20, 1994. The air quality
planning requirements for moderate PM10 nonattainment areas
are set out in Subparts 1 and 4 of Title I of the Act.\2\
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\2\ The 1990 Amendments to the Clean Air Act made significant
changes to the Act. See Public Law No. 101-549, 104 Stat. 2399.
References herein are to the Clean Air Act, as amended (``the
Act''). The Clean Air Act is codified, as amended, in the U.S. Code
at 42 U.S.C. Sections 7401, et seq.
\2\ Subpart 1 applies to nonattainment areas generally and
Subpart 4 applies to PM10 nonattainment areas. At times,
Subpart 1 and Subpart 4 overlap or conflict. We have attempted to
clarify the relationship among these provision in the ``General
Preamble for the Implementation of Title I of the Clean Air Act
Amemdments of 1990.'' (See 57 FR 13498, April 16, 1992.
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B. 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 NAAQS by
that date. Determinations under section 179(c)(1) of the Act are to be
based upon an area's ``air quality as of the attainment date.'' Section
188(b)(2) is consistent with this requirement.
Generally, we will 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 sites (NAMS) in
the nonattainment area and entered into the Aerometric Information
Retrieval System (AIRS). Data entered into the AIRS 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 & B) 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. We review all data to determine the
area's air quality status in accordance with our guidance at 40 CFR
part 50, appendix K.
As described in 40 CFR part 50 and appendix K, attainment of the
annual PM10 standard is achieved when the annual arithmetic
mean PM10 concentration over a three year period (for
example, 1998, 1999, 2000 for areas with a December 31, 2000 attainment
date) is equal to or less than 50 micrograms per cubic meter
(g/m\3\). Attainment of the 24-hour standard is determined by
calculating the expected number of days in a year with PM 10
concentrations greater than 150 g/m\3\. The 24-hour standard
is attained when the expected number of days with levels above 150
g/m\3\ (averaged over a three year period) is less than or
equal to one. Three consecutive years of air quality data is generally
necessary to show attainment of the 24-hour and annual standard for
PM10. Appendix K, of 40 CFR part 50, addresses procedures
for calculating expected annual averages and expected annual
exceedances that are used for PM10 attainment
determinations. The expected annual average is calculated as the
average of the three annual means. The expected number of annual
exceedances is calculated as the average of the number of exceedances
for three years; if data in a given year are incomplete, but meet the
minimum requirements specified in appendix K, the annual exceedance
rate is estimated from the observed exceedance rate. Prior to 1998, the
required sampling frequency for PM10 was one 24-hour sample
every six days, every two days, or every day, depending on the
probability of nonattainment of the PM10 standards.
According to a revision to 40 CFR 58.13 that was effective starting in
1998, the required sampling frequency is a minimum of one 24-hour
sample taken every third day, except during periods or seasons exempted
by the Regional Administrator. We recognize that data from some
scheduled sampling days may be missing for any number of reasons, (e.g.
damaged filters, miscalibrated equipment, or other equipment failure)
therefore, exceptions have been made to the required sampling
frequencies. Appendix K specifies a minimum 75% data capture rate of
required PM10 samples, but states that: ``Data not meeting
these criteria may also suffice to show attainment, however, such
exceptions will have to be approved by the Regional Administrator in
accordance with established guidelines.'' See 40 CFR part 50 and
appendix K. Our April 1987 ``Guideline on Exceptions to Data
Requirements for Determining Attainment of Particulate Matter
Standards'' provides eligibility requirements and guidance on
exceptions to the data requirements, but was not intended to list all
possible situations in which data may be acceptable. The guidance
states that other procedures besides those described may be used if
approved by the Regional Administrator.
II. EPA's Proposed Action
Based on quality-assured data meeting the requirements of 40 CFR
50, appendix K, we are proposing to find 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 proposed 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. If we finalize this proposal, 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.
We are soliciting public comments on the issues discussed in this
document or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA Regional office listed in the ADDRESSES section of
this document.
III. Basis for EPA's Proposed Action
A. Whitefish, Montana
1. 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/m\3\; the expected exceedances for
this year also calculated to 1. For 1998 and 1999, the number of
exceedances and expected exceedances were 0.0.
[[Page 41488]]
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/m\3\ which is below the
standard of 150 g/m\3\.
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/m\3\,
which is below the standard of 50 g/m\3\.
B. Thompson Falls
1. 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/m\3\, which is below the standard of 50
g/m\3\. 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/m\3\ value from February
25, 1997 for substitution, bringing the quarterly average to 39.3
g/m\3\, and the 1999 annual average to 35.1 g/m\3\.
The third quarter of 2000 had 4 values substituted, and used a 75
g/m\3\ value from August 10, 2000 as the substitution value,
bringing the quarterly average to 40.7 g/m\3\, and the 2000
annual average to 20.5 g/m\3\.
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
1. 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/m\3\. 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/m\3\ which is below the standard of 150 g/
m\3\.
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/m\3\, which is below
the standard of 50 g/m\3\.
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866. This
proposed action merely determines that certain States have met federal
requirements and imposes no requirements. Accordingly, the
Administrator certifies that this proposed rule will not have a
significant
[[Page 41489]]
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this
proposed rule would not impose any 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). For the same reason, this proposed rule also does
not significantly or uniquely affect the communities of tribal
governments, as specified by Executive Order 13084 (63 FR 27655, May
10, 1998). This proposed rule will 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), because it merely determines that
several nonattainment areas have met federal requirements, and does not
alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This proposed rule
also is not subject to Executive Order 13045 (62 FR 19885, April 23,
1997), because it is not economically significant.
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this proposed rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. 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.).
Dated: July 30, 2001.
Jack W. McGraw,
Acting Regional Administrator, Region VIII.
[FR Doc. 01-19877 Filed 8-7-01; 8:45 am]
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