[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

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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.

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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

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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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