[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Proposed Rules]
[Pages 27055-27058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12357]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[Docket No.: WA-01-001; FRL-6980-9]
Finding of Attainment for PM-10; Spokane PM-10 Nonattainment
Area, Washington
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rule.
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SUMMARY: EPA is proposing to find that the Spokane nonattainment area
in Washington has attained the National Ambient Air Quality Standards
(NAAQS) for particulate matter with an aerodynamic diameter of less
than or equal to a nominal ten micrometers (PM-10) as of December 31,
1997.
DATES: Written comments must be received on or before June 15, 2001.
ADDRESSES: Written comments should be mailed to Steven K. Body, Office
of Air Quality, Mailcode OAQ-107, EPA Region 10, 1200 Sixth Avenue,
Seattle, Washington, 98101. Copies of documents relevant to this action
are available for public review during normal business hours (8:00 am
to 4:30 pm) at this same address.
FOR FURTHER INFORMATION CONTACT: Steven K. Body, Office of Air Quality,
EPA Region 10, 1200 Sixth Avenue, Seattle, Washington, 98101, (206)
553-0782.
SUPPLEMENTARY INFORMATION: Throughout this document, the words ``we'',
``us'', or ``our'' means the Environmental Protection Agency (EPA).
Table of Contents
I. Background
A. Designation and Classification of PM-10 Nonattainment Areas.
B. How Does EPA Make Attainment Determinations?
C. What is the Attainment Date for the Spokane PM-10
Nonattainment Area?
II. EPA's Proposed Action
III. Administrative Requirements
I. Background
A. Designation and Classification of PM-10 Nonattainment Areas
Areas meeting the requirements of section 107(d)(4)(B) of the Clean
Air Act (CAA) were designated nonattainment for PM-10 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 PM-10 planning areas identified in 52 FR
29383 (August 7, 1987), as further clarified in 55 FR 45799 (October
31,
[[Page 27056]]
1990), and any other areas violating the NAAQS for PM-10 prior to
January 1, 1989. A Federal Register document announcing the areas
designated nonattainment for PM-10 upon enactment of the 1990
Amendments, known as ``initial'' PM-10 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 Spokane PM-10
nonattainment area was one of these initial moderate PM-10
nonattainment areas.
All initial moderate PM-10 nonattainment areas had the same
applicable attainment date of December 31, 1994. Section 188(f) of the
CAA provides the Administrator with the authority to waive a specific
date for attainment of the standard under certain circumstances based
on the relative contribution of anthropogenic and nonanthropogenic
sources of PM-10 to violation of the PM-10 standard in the area. See 59
FR at 41998 (April 16, 1994).
B. How Does EPA Make Attainment Determinations?
All PM-10 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 CAA, we have
the responsibility of determining within six months of the applicable
attainment date whether, based on air quality data, PM-10 nonattainment
areas attained the PM-10 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 PM-10 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) in the
nonattainment areas and entered into the EPA 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 and B) and
may be used to determine the attainment status of areas. We 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 annual PM-10 standard is achieved when the annual
arithmetic mean PM-10 concentration over a three-year period (for
example 1995, 1996, and 1997 for areas with a December 31, 1997,
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 are generally
required to show attainment of the annual and 24-hour standards for PM-
10. See 40 CFR part 50 and appendix K.
C. What Is the Attainment Date for the Spokane PM-10 Nonattainment
Area?
As stated above, the Spokane PM-10 nonattainment area was
designated nonattainment for PM-10 and classified as moderate under
sections 107(d)(4)(B) and 188(a) of the Clean Air Act upon enactment of
the Clean Air Act Amendments of 1990. See 40 CFR 81.348 (PM-10 Initial
Nonattainment Areas); see also 56 FR 56694 (November 6, 1991). Under
subsections 188(a) and (c)(1) of the Act, the original attainment date
for the Spokane PM-10 nonattainment area, as well as for all other
initial moderate PM-10 nonattainment areas, was December 31, 1994.
The Washington Department of Ecology (Ecology) submitted a SIP
revision for the Spokane area on November 15, 1991 followed by
addendums on January 31, 1992, December 9, 1994, and May 18, 1995. The
December 1994 addendum included a more detailed technical analysis
indicating that nonanthropogenic sources may be significant in the
Spokane PM-10 nonattainment area during windblown dust events. Based on
our review of the State's submissions, we deferred action on several
elements in the Spokane SIP, approved the control measures in the SIP
as meeting RACM/RACT for all sources except for windblown dust, and,
under section 188(f) of the CAA, granted a temporary waiver to extend
the attainment date for the Spokane area to December 31, 1997. See 61
FR 35998 (July 9, 1996) (proposed action); 62 FR 3800 (January 27,
1997) (final action). The temporary waiver was intended to provide
Ecology time to evaluate further the Spokane nonattainment area and to
determine the significance of the anthropogenic and nonanthropogenic
sources impacting the area. Once these activities were complete or the
temporary waiver expired, EPA was to make a decision on whether the
area was eligible for a permanent waiver under section 188(f) of the
CAA or whether the area had attained the standard by the extended
attainment date. See 62 FR at 3802.
II. EPA's Proposed Action
As discussed above, whether an area has attained the PM-10 NAAQS is
based exclusively upon measured air quality levels. See 40 CFR part 50
and 40 CFR 50, appendix K. For an area with a December 31, 1997,
attainment date, such as the Spokane area, data reported for calendar
years 1995, 1996, and 1997 are considered.
The Spokane County Air Pollution Control Authority (SCAPCA), the
local air pollution control authority in Spokane County, established
and operates six PM-10 SLAMS monitoring sites in the Spokane PM-10
nonattainment area. All six monitoring sites meet EPA SLAMS network
design and siting requirements, set forth at 40 CFR part 58, appendices
D and E, and have been monitoring for PM-10 since before1995.
The air quality data in AIRS for these monitors show that, for the
three-year period from 1995 though 1997, there were no violations of
the annual PM-10 standard. The highest annual arithmetic average
measured during this three-year period was 32 g/m\3\ at the
Crown Zellerbach monitoring site in 1995 and 1996. Based on this
information, EPA has determined that the area attained the annual PM-10
standard as of the extended attainment date of December 31, 1997. A
review of air quality data in AIRS for 1998 through 2000 also confirms
that there have been no violations of the annual PM-10 standard
subsequent to the attainment date.
With respect to the 24-hour PM-10 standard, a review of the air
quality data in AIRS for the three-year period from 1995 through 1997
shows that there was one recorded exceedence of the 24-hour PM-10
standard in the Spokane PM-10 nonattainment area: a concentration of
186 g/m\3\ reported at the Crown Zellerbach site on August 30,
1996, which the State has claimed as attributable to a high wind
``natural event.'' The next highest 24-hour PM-10 concentration
measured during this time period was 124 g/m\3\ at the Crown
Zellerbach site on February 12, 1996.
Under section 107(d)(4)(B)(ii) of the CAA and 40 CFR part 50,
appendix K,
[[Page 27057]]
section 2.4, specific exceedences due to uncontrollable natural events,
such as unusually high winds, may be discounted or excluded entirely
from decisions regarding an area's air quality status in appropriate
circumstances. See Memorandum from EPA's Assistant Administrator for
Air and Radiation to EPA Regional Air Directors entitled ``Areas
Affected by Natural Events,'' dated May 30, 1996 (EPA's Natural Events
Policy). Under the policy, where a State believes natural events have
caused a violation of the NAAQS, the State enters the exceedence in the
AIRS data base, flags the exceedence as being attributable to a natural
event, documents a clear causal relationship between the measured
exceedence and the natural event, and develops a natural events action
plan (NEAP) to address future natural events. In the case of high-wind
events where the sources of dust are anthropogenic, the State should
also document that Best Available Control Measures (BACM) were required
for those sources and that sources were in compliance with BACM at the
time-of the high-wind event. EPA's Natural Events Policy also contains
guidance for notifying the public of the occurrence of natural events
and the health effects of such events, as well as minimizing public
exposure to high concentrations of PM-10 due to natural events.
As discussed above, the State of Washington flagged the August 30,
1996, exceedence in the AIRS data base as an exceedence caused by high
winds under EPA's Natural Events Policy EPA has concurred with that
determination. Therefore, EPA has excluded this exceedence from
consideration in determining whether the Spokane PM-10 nonattainment
area attained the 24-hour. As a result, the expected number of days
over the 24-hour standard for 1996 is 0.0 and, when averaged over the
three-year period from 1995 through 1997, the three-year expected
exceedence rate is also 0.0. EPA has therefore determined that the
Spokane PM-10 nonattainment area attained the 24-hour PM-10 standard as
of the extended attainment date of December 31, 1997.
Even if the August 30, 1996, exceedence was not excluded in
determining the attainment status of the Spokane area, the data would
still show attainment of the 24-hour PM-10 standard. Accounting for the
sampling schedule and missing data, the expected number of days over
the standard for 1996 would be 1.03 if the August 30, 1996, exceedence
was not excluded. When averaged over the three-year period from 1995
through 1997, during which time no other exceedences were recorded in
the Spokane area, the three-year expected exceedence rate is 0.34 days.
This value is less than the expected exceedence rate for the 24-hour
PM-10 standard of 1.0 that would represent a violation of the standard.
A review of air quality data in AIRS for 1998 through 2000 shows
that there was one reported exceedence of the 24-hour standard during
this time: 343 g/m\3\ on September 25, 1999, at the Crown
Zellerbach monitor. The State has also flagged this exceedence in the
AIRS data base as an exceedence caused by high winds under EPA's
Natural Events Policy. EPA is still reviewing the documentation
submitted to support the State's flagging of the September 25, 1999,
exceedence as attributable to uncontrollable natural event. Once EPA
has completed its review, EPA will notify the State regarding whether
EPA will confirm the flagging of the exceedence as due to natural
events. Even if the September 25, 1999, is exceedence is considered in
determining the attainment status of the Spokane area, however, the
data still show attainment of the 24-hour PM-10 standard as of the end
of 2000. Accounting for the sampling schedule and missing data, the
expected number of days over the 24-hour standard for 1999 is 1.04.
When averaged over a three-year period, during which no other
exceedences were recorded, the three-year expected exceedence rate is
0.35. This value is less than the expected exceedence rate for the 24-
hour PM-10 standard of 1.0 that would represent a violation of the
standard.
In summary, EPA proposes to find that the Spokane PM-10
nonattainment area attained the PM-10 NAAQS as of the extended
attainment date of December 31, 1997. If we finalize this proposal,
consistent with CAA section 188, the area will remain a moderate PM-10
nonattainment area and will avoid the additional planning requirements
that apply to serious PM-10 nonattainment areas. This proposed finding
of attainment should not be confused with a redesignation to attainment
under CAA section 107(d). Washington has not submitted a maintenance
plan as required under section 175(A) of the CAA or met the other CAA
requirements for redesignations to attainment. The designation status
in 40 CFR part 81 will remain moderate nonattainment for the Spokane
PM-10 nonattainment area until such time as Washington meets the CAA
requirements for redesignations to attainment.
We are soliciting public comments on EPA's proposal to find that
the Spokane PM-10 nonattainment area has attained the PM-10 NAAQS as of
the December 31, 1997, attainment date. These comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking process by submitting written
comments to the EPA Regional office listed in the ADDRESSES section of
this document.
III. 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 proposed action merely makes a determination based on air
quality data and does not impose any requirements. Accordingly, the
Administrator certifies that this proposed rule will not have a
significant 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 does 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). This proposed rule also does not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
nor will it 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 makes a determination based on air quality
data 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.
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
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
[[Page 27058]]
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 proposed 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.).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
Dated: April 30, 2001.
Charles E. Findley,
Acting Regional Administrator, Region 10.
[FR Doc. 01-12357 Filed 5-15-01; 8:45 am]
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