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[Federal Register: July 28, 2010 (Volume 75, Number 144)]
[Rules and Regulations]               
[Page 44142-44144]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy10-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R10-OAR-2008-0391; FRL-9180-2]

 
Determination of Attainment for PM-10; Fort Hall PM-10 
Nonattainment Area, Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing its determination that the Fort Hall PM-10 
nonattainment area on the Fort Hall Indian Reservation in Idaho has 
attained the National Ambient Air Quality Standard for particulate 
matter with an aerodynamic diameter of less than or equal to 10 microns 
(PM-10) under the

[[Page 44143]]

Clean Air Act. EPA's final determination that the Fort Hall PM-10 
nonattainment area has attained the 24[dash]hour PM-10 National Ambient 
Air Quality Standard is based on EPA's review of complete, quality-
assured air quality data for the three-year period ending December 31, 
2009. Currently available preliminary data for 2010 indicate that the 
area continues to attain the standard.
    EPA's determination of attainment is not equivalent to a 
redesignation to attainment under Clean Air Act section 107(d)(3). The 
Fort Hall PM-10 nonattainment area's designation for PM-10 will remain 
moderate nonattainment until such time as the area is redesignated to 
attainment as provided in Clean Air Act section 107(d)(3).

DATES: This action is effective on August 27, 2010.

ADDRESSES: Copies of the information supporting this action are 
available for inspection at EPA Region 10, Office of Air, Waste, and 
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, Washington 
98101.

FOR FURTHER INFORMATION CONTACT: Donna Deneen, EPA Region 10, Office of 
Air, Waste, and Toxics (AWT-107), 1200 Sixth Avenue, Seattle, 
Washington 98101, or at (206) 553-6706.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'' or ``our'' are used, we mean EPA. Information is organized as 
follows:

Table of Contents

I. What is the background for this action?
II. What comments did we receive on the proposed action?
III. What is our final action?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On May 13, 2010, EPA proposed to determine that the Fort Hall PM-10 
nonattainment area on the Fort Hall Indian Reservation in Idaho has 
attained the 24-hour PM-10 National Ambient Air Quality Standard 
(NAAQS) under the Clean Air Act. 75 FR 26898. We proposed this 
determination of attainment based upon three years of complete, 
quality-assured ambient air monitoring data that showed the area 
monitored attainment of the PM-10 NAAQS for the 2007-2009 monitoring 
period. Preliminary data available for 2010 indicate that the area 
continues to attain the standard and show no exceedances of the 
standard in 2010. Additional background and our rationale for this 
determination can be found in the proposed rule.

II. What comments did we receive on the proposed action?

    We received one comment letter on the proposed action, which 
supported our proposed action.

III. What is our final action?

    We are finalizing our determination that the Fort Hall PM-10 
nonattainment area on the Fort Hall Indian Reservation in Idaho has 
attained the 24-hour PM-10 standard, based on complete, quality-assured 
air monitoring data for 2007-2009, and currently available preliminary 
data for 2010. This determination of attainment is not a redesignation 
to attainment under CAA section 107(d)(3). The designation status in 40 
CFR part 81 for the Fort Hall PM-10 nonattainment area will remain 
moderate nonattainment until such time as the area is redesignated to 
attainment as provided in CAA section 107(d)(3). If in the future EPA 
determines, after notice- and- comment rulemaking, that the area is no 
longer attaining the PM-10 NAAQS, EPA will publish such determination 
in the Federal Register.

IV. Statutory and Executive Order Reviews

    This action merely makes a determination of attainment based upon 
air quality and does not impose additional requirements. 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 
rule merely makes a required determination based on air quality data 
and neither imposes substantial direct compliance costs on tribal 
governments, nor preempts tribal law. Therefore, the requirements of 
section 5(b) and 5(c) of the Executive Order do not apply to this rule. 
Consistent with EPA policy, EPA nonetheless provided a consultation 
opportunity to the Shoshone-Bannock Tribes in a letter to the Chairman 
of the Fort Hall Business Council, dated January 25, 2010, offering the 
Tribes the opportunity to consult on this determination and have 
meaningful and timely input into the proposed decision. EPA received no 
request from the Tribes for consultation on this determination.
    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 rules 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 27, 2010. Filing a 
petition for reconsideration by the Administrator of this final action 
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

[[Page 44144]]

postpone the effectiveness of such rule or action. 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: July 15, 2010.
Michael A. Bussell,
Acting Regional Administrator, Region 10.
[FR Doc. 2010-18564 Filed 7-27-10; 8:45 am]
BILLING CODE 6560-50-P
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