[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Rules and Regulations]
[Pages 41379-41381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17417]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[Docket EPA-R10-OAR-2010-0432; FRL-9171-4]
Finding of Attainment for PM10 for the Mendenhall
Valley PM10 Nonattainment Area, AK
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA finds that the Mendenhall Valley nonattainment area in
Alaska attained the National Ambient Air Quality Standard (NAAQS) for
particulate matter with an aerodynamic diameter of less than or equal
to a nominal ten micrometers (PM10) as of December 31, 1995.
DATES: This rule is effective on September 14, 2010, without further
notice, unless EPA receives adverse comment by August 16, 2010. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2010-0432, by any of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Mail: Steve Body, EPA Region 10, Office of Air, Waste and
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101. Attention: Steve Body, Office of Air,
Waste and Toxics, AWT-107. Such deliveries are only accepted during
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2010-0432. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue,
Suite 900, Seattle WA 98101.
FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number: (206)
553-0782, e-mail address: [email protected], or the above EPA, Region
10 address.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'' or ``our'' are used, we mean EPA. Information is organized as
follows:
Table of Contents
I. Background
A. PM10 NAAQS
B. Designation and Classification of PM10
nonattainment areas
C. How does EPA make attainment determinations?
D. What is the attainment date for the Mendenhall
PM10 nonattainment area?
E. What PM10 planning has occurred for the Mendenhall
Valley PM10 nonattainment area?
II. EPA's Analysis
A. What does the air quality data show as of the December 31,
1995 attainment date?
B. Does more recent air quality data also show attainment?
III. Statutory and Executive Order Reviews
I. Background
A. PM10 NAAQS
The NAAQS are levels for certain ambient air pollutants set by EPA
to protect public health and welfare. PM10, or particulate
matter with an aerodynamic diameter less than or equal to a nominal 10
micrometers, is among the ambient air pollutants for which EPA has
established health-based standards. On July 1, 1987 (52 FR 24634), EPA
promulgated two primary standards for PM10: a 24-hour
standard of 150 micrograms per cubic meter ([mu]g/m\3\) and an annual
PM10 standard of 50 [mu]g/m\3\. EPA also promulgated
secondary PM10 standards that were identical to the primary
standards.
Effective December 18, 2006, EPA revoked the annual PM10
standard but retained the 24-hour PM10 standard. 71 FR 61144
(October 17, 2006). The 24-hour PM10 standard is attained
when the expected number of days per calendar year with a 24-hour
concentration in excess of the standard, as determined in accordance
with 40 CFR part 50, appendix K, is equal to or less than one.\1\ 40
CFR 50.6 and 40 CFR part 50, appendix K.
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\1\ An exceedance is defined as a daily value that is above the
level of the 24-hour standard (150 [mu]g/m\3\) after rounding to the
nearest 10 [mu]g/m\3\ (i.e. values ending in 5 or greater are to be
rounded up). Thus, a recorded value of 154 [mu]g/m\3\ would not be
an exceedance since it would be rounded to 150[mu]/m\3\ whereas a
recorded value of 155 [mu]g/m\3\ would be an exceedance since it
would be rounded to 160 [mu]/m\3\. See 40 CFR part 50, appendix K,
section 1.0.
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B. Designation and Classification of PM10 Nonattainment Areas
Areas meeting the requirements of section 107(d)(4)(B) of the Clean
Air Act (CAA or the Act) were designated nonattainment for
PM10 by operation of law and classified ''moderate'' upon
enactment of the 1990 Clean Air Act Amendments. See generally 42 U.S.C.
7407(d)(4)(B). These areas included all former Group I PM10
planning areas identified on August 7, 1987 (52 FR 29383), as further
clarified on October 31, 1990 (55 FR 45799), and any other areas
violating the NAAQS for PM10 prior to January 1, 1989. A
Federal Register notice announcing the areas
[[Page 41380]]
designated nonattainment for PM10 upon enactment of the 1990
Amendments, known as ``initial'' PM10 nonattainment areas,
was published on March 15, 1991 (56 FR 11101) and a subsequent Federal
Register document correcting the description of some of these areas was
published on August 8, 1991 (56 FR 37654). The Mendenhall Valley
PM10 nonattainment area was one of these initial moderate
PM10 nonattainment areas.
All initial moderate PM10 nonattainment areas had the
same applicable attainment date of December 31, 1994. Section 188(d)
provides the Administrator the authority to grant up to two one-year
extensions to the attainment date provided certain requirements are
met. States containing initial moderate PM10 nonattainment
areas were required to develop and submit to EPA by November 15, 1991,
a state implementation plan (SIP) revision providing implementation of
reasonably available control measures (RACM), including reasonably
available control technology (RACT), and a demonstration of whether
attainment of the PM10 NAAQS by the December 31, 1994
attainment date was practicable. See section 189(a).
C. How does EPA make attainment determinations?
All PM10 nonattainment areas are initially classified
``moderate'' by operation of law when they are designated
nonattainment. See section 188(a). Pursuant to sections 179(c) and
188(b)(2) of the Act, we have the responsibility of determining within
six months of the applicable attainment date whether, based on air
quality data, PM10 nonattainment areas attained the
PM10 NAAQS by that date. Determinations under section
179(c)(1) of the Act are to be based upon the area's ``air quality as
of the attainment date.'' Section 188(b)(2) is consistent with this
requirement.
Generally, we determine whether an area's air quality is meeting
the PM10 NAAQS for purposes of section 179(c)(1) and
188(b)(2) based upon data gathered at established state and local air
monitoring stations (SLAMS) and national air monitoring stations (NAMS)
and recently renamed National Core (NCore) monitoring stations in the
nonattainment areas and entered into the EPA's national data base, now
called Air Quality System (AQS). Data entered into the AQS has been
determined to meet Federal monitoring requirements (see 40 CFR 50.6, 40
CFR part 50, appendix J, 40 CFR part 53, 40 CFR part 58, appendix A)
and may be used to determine the attainment status of areas. We will
also consider air quality data from other air monitoring stations in
the nonattainment area provided that the stations meet the Federal
monitoring requirements for SLAMS. All data are reviewed to determine
the area's air quality status in accordance with our guidance at 40 CFR
part 50, appendix K.
Attainment of the 24-hour standard is determined by calculating the
expected number of days in a year with PM10 concentrations
greater than 150 ug/m3. The 24-hour standard is attained when the
expected number of days with levels above 150 ug/m3 (averaged over a
three year period) is less than or equal to one. Three consecutive
years of air quality data are generally required to show attainment of
the 24-hour standards for PM10. See 40 CFR part 50 and
appendix K.
D. What is the attainment date for the Mendenhall Valley
PM10 nonattainment area?
The original attainment date for the Mendenhall Valley
PM10 nonattainment area was December 31, 1994. On September
12, 1994, (60 FR 47276) the attainment date was later extended to
December 31, 1995, under the authority of section 188(d) of the Act.
E. What PM10 Planning has occurred for the Mendenhall Valley PM10
nonattainment area?
After the Mendenhall Valley PM10 nonattainment area was
designated nonattainment for PM10, the Alaska Department of
Environmental Conservation (ADEC), began in the early 1990s to prepare
the technical elements needed to bring the area into attainment and
meet the planning requirements of title I of the CAA. Based on these
technical products ADEC developed and implemented control measures on
PM10 sources in the Mendenhall Valley PM10
nonattainment area. The State submitted these control measures to EPA
on June 22, 1993, as a moderate PM10 nonattainment SIP
revision under section 189(a) of the Act. The control measures
submitted by the State include a comprehensive residential wood
combustion program and controls on fugitive road dust. EPA took final
action to approve the State's moderate PM10 SIP on March 24,
1994, (59 FR 13885).
II. EPA's Analysis
A. What does the air quality data show as of the December 31, 1995
attainment date?
Whether an area has attained the PM10 NAAQS is based
exclusively upon measured air quality levels over the three calendar
years See 40 CFR part 50 appendix K. For an area with a December 31,
1995, attainment date, data reported for calendar years 1993, 1994 and
1995 is considered. EPA also considered air quality data reported for
the period subsequent to the attainment date to the present to
demonstrate the area continued to attain the PM10 NAAQS.
The State of Alaska operated two PM10 SLAMS monitoring
sites in the Mendenhall Valley PM10 nonattainment area
during 1992 through 1995: Floyd Dryden High School and Trio Street.
Both sites meet Federal siting requirements and are appropriate for
monitoring the area's compliance with the PM10 NAAQS. (See
EPA's letters approving Alaska's annual network review.) The Trio
Street site ceased operation in 1997. The Floyd Dryden Middle School
site continued operation through 2009.
Floyd Dryden Middle School Site
The Floyd Dryden site recorded two values above the level of the 24
hour PM10 NAAQS (exceedances) in February 1992. These values were
flagged by ADEC as exceptional events due to high winds, but AQS does
not show that R10 concurred on these flags. Thus, these two daily
values are included in the expected exceedance calculations. Outside of
these two exceedances there have been no other exceedances of the daily
PM10 standard at the Floyd Dryden Middle School site from
February 1992 through December 31, 2009.
There were a number of years for which the number of reported daily
values did not meet the 75% data completeness criteria required for
making attainment determinations: 1998, 2000, 2003, 2008, and 2009.
Therefore an affirmative attainment determination can only be made for
a subset of these years; 1992-94, 1993-95, 1994-96, 1995-97, 2004-06,
and 2005-07. The 1993-1995 expected exceedance rate is 0.0 which
likewise demonstrates attainment with the NAAQS by the attainment date.
Trio Street Site
The Trio Street site recorded five PM10 exceedances in
1992 and three in 1993. Of these eight total exceedances, only the four
recorded in the first quarter 1992 were flagged by ADEC as high wind
exceptional events. The AQS does not show that Region 10 concurred on
these high wind events and therefore the data cannot be excluded from
expected exceedance calculations. There were no exceedances from 1994
through 1997 when the site ceased operation. For the time period of
[[Page 41381]]
January 1, 1992 to June 30, 1997, the Trio Street site met the 75%
quarterly data completeness requirement. Thus, there is sufficient data
to make an attainment determination. The expected exceedance
calculation for years 1993-95 was 1.0, which demonstrates attainment.
An expected exceedance rate of greater than 1.0 would be a violation of
the NAAQS.
B. Does more recent air quality data also show attainment?
Although the attainment date for the Mendenhall Valley
PM10 nonattainment area is December 31, 1995, and the air
quality data used to judge attainment by that date includes all data
collected in calendar years 1993, 1994, and 1995, EPA has also reviewed
the air quality data collected at the State monitoring sites from
January 1996 through December 2009. As discussed above, there have been
no exceedances recorded at the Floyd Dryden site since 1992 and no
exceedances recorded at the Trio Street site from 1994 through 1997,
when it ceased operation. Thus, the area continues to be in compliance
with the 24 hour PM10 NAAQS during this period.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 14, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
Dated: June 22, 2010.
Dennis J. McLerran,
Regional Administrator, EPA, Region 10.
[FR Doc. 2010-17417 Filed 7-15-10; 8:45 am]
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