ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 81 

[Docket: EPA-RI0-0AR-2010-0432] 

Finding of Attainment for PMlO for the Mendenhall Valley PMlO Nonattainment Area, 


Alaska 


AGENCY: Environmental Protection Agency (EPA). 

ACTION: Direct final rule. 

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 (PMlO) as of December 31, 1995. 

DATES: This rule is effective on [Insert date 60 days after date of publication in the 

Federal Register], without further notice, unless EPA receives adverse comment by [Insert date 

30 days after date of publication in the Federal Register 1. IfEPA 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-RlO-OAR-201O-0432, 

by any of the following methods: 
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• 	 www.regulations.gov: Follow the on-line instructions for submitting comments. 

• 	 Email: body.steve@epa.gov 

• 	 Mail: Steve Body, EPA Region 10, Office of Air, Waste and Toxics (AWT-107), 1200 

Sixth Avenue, Suite 900, Seattle W A, 9810 1 

• 	 Hand Delivery / Courier: EPA Region 10, 1200 Sixth Avenue, Suite 900, Seattle W A, 

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-RlO-0AR-201O-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 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 www.regulations.gov or e-mail. The 

www.regulations.gov website is an "anonymous access" system, which means EPA will not 

know your identity or contact in:formation unless you provide it in the body of your comment. If 

you send an e-mail comment directly to EPA without going through 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 
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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 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 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 W A, 98101. 

FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number: (206) 553­

0782, e-mail address: body.steve@epa.gov, 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. PMlO NAAQS 
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B. Designation and Classification of PM10 Nonattainment Areas 

C. How Does EPA Make Attainment Determinations? 

D. What is the Attainment Date for the Mendenhall PMIO Nonattainment Area? 

E. What PMIO Planning has Occurred for the Mendenhall Valley PMlO 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. PMlONAAQS 

The NAAQS are levels for certain ambient air pollutants set by EPA to protect public 

health and welfare. PMlO, 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 PMlO: a 24-hour standard of 150 micrograms per cubic meter (~g/m3) and an 

annual PMlO standard of 50 ~g/m3. EPA also promulgated secondary PMIO standards that were 

identical to the primary standards. 

Effective December 18,2006, EPA revoked the annual PMIO standard but retained the 24­

hour PMlO standard. 71 FR 61144 (October 17,2006). The 24-hour PMIO standard is attained 
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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. 

B. Designation and Classification ofPMlO 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 PMlO 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 PMlO 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 PMlO prior to January 1, 1989. A Federal Register notice 

announcing the areas designated nonattainment for PMlO upon enactment of the 1990 

Amendments, known as "initial" PMlO 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 PM IO 

non attainment area was one of these initial moderate PMlO nonattainment areas. 

All initial moderate PMlO nonattainment areas had the same applicable attainment date of 

1 An exceedance is defined as a daily value that is above the level of the 24-hour standard (150 )lg/m3) after 

rounding to the nearest 10 )lg/m3 (i.e. values ending in 5 or greater are to be rounded up). Thus, a recorded value of 

154 )lg/m3 would not be an exceedance since it would be rounded to 150)lim3 whereas a 

recorded value of 155 )lg/m3 would be an exceedance since it would be rounded to 160 )lim3. See 40 CFR part 50, 

appendix K, section 1.0. 
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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 PMIO 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 PMIO 

NAAQS by the December 31, 1994 attainment date was practicable. See section 189(a). 

C. How Does EPA Make Attainment Determinations? 

All PMIO nonattainment areas are initially classified "moderate" by operation of law when 

they are designated non attainment. 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, PMIO nonattainment areas attained 

the PM IO NAAQS by that date. Determinations under section 179(c)(1) of the Act are to be 

based upon the area's "air quality as ofthe attainment date." Section 188(b)(2) is consistent with 

this requirement. 

Generally, we determine whether an area's air quality is meeting the PMIO 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 
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the EPA's national data base, now called Air Quality System (AQS). Data entered into the AQS 

has been determined to meet Federal monitoring requirenients (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 PMIO 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 PMIO• See 40 CFR part 50 and appendix 

K. 

D. What is the Attainment Date for the Mendenhall Valley PMIO Nonattainment Area? 

The original attainment date for the Mendenhall Valley PMlO 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 PMIO Planning has Occurredfor the Mendenhall Valley PMlO Nonattainment Area? 
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After the Mendenhall Valley PM]o nonattainment area was designated nonattainment for 

PMIO, the Alaska DepaJ.1ment 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 PM 10 sources in the Mendenhall Valley PM 10 nonattainment 

area. The State submitted these control measures to EPA on June 22, 1993, as a moderate PMIO 

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 PMIO SIP on March 24, 1994, 

(59 FR 13885). 

II. EPA's Analysis 

A. What Does the Air Quality Data Show as ofthe December 31,1995 Attainment Date? 

Whether an area has attained the PMIO 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 PMIO NAAQS. 

The State of Alaska operated two PMIO SLAMS monitoring sites in the Mendenhall 

Valley PMIO nonattainment area during 1992 through 1995: Floyd Dryden High School and Trio 
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Street. Both sites meet Federal siting requirements and are appropriate for monitoring the area's 

compliance with the PMlO 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 PM1 0 NAAQS 

(exceedances) in February 1992. These values were flagged by ADEC as exceptional events due 

to high winds, but AQS does not show that RIO 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 PMlO 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 PMlO exceedances in 1992 and three in 1993. Ofthese 

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 
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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 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 PMlO 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 PMw 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. 741O(k); 

40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, 
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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 (Public Law 

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 
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• 	 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 [FEDERAL 

REGISTER OFFICE: insert date 60 days from date of publication of this document in the 
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Federal Register]. Filing a petition for reconsideration by the Administrator of this final rule 

does not affect the finality of this action for the purposes ofjudicial 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. 


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