5280 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Rules and Regulations 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(359)(i)(C)(3), 

(363)(i)(B)(2), (366)(i)(C) and (377)(i)(C) 

to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(359) * * * 

(i) * * * 

(C) * * * 

(3) Rule 215, ‘‘Transfer of Gasoline 

Into Trucks, Trailers, and Railroad Tank 

Cars at Loading Facilities,’’ adopted on 

June 19, 1997. 

* * * * * 

(363) * * * 

(i) * * * 

(B) * * * 

(2) Rule 316, ‘‘Storage and Transfer of 

Gasoline,’’ adopted on January 15, 2009. 

* * * * * 

(366) * * * 

(i) * * * 

(C) Antelope Valley Air Quality 

Management District. 

(1) Rule 461, ‘‘Gasoline Transfer and 

Dispensing,’’ adopted on October 21, 

2008. 

* * * * * 

(377) * * * 

(i) * * * 

(C) Ventura County Air Pollution 

Control District. 

(1) Rule 70, ‘‘Storage and Transfer of 

Gasoline,’’ adopted on March 

10, 2009. 

* * * * * 

[FR Doc. 2011–1926 Filed 1–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R08–OAR–2010–0749; FRL–9260–6] 

Determination of Attainment for PM10; 

Columbia Falls and Libby 

Nonattainment Areas, Montana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA has determined that the 

Columbia Falls and Libby 

nonattainment areas in Montana 

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, 1994. 

DATES: This rule is effective on April 1, 

2011 without further notice, unless EPA 

receives adverse comments by March 2, 

2011. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2010–0749, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: freeman.crystal@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2010– 

0749. 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. For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Freeman, U.S. Environmental 

Protection Agency, Region 8, Air 

Program, Mail Code 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6602, 

freeman.crystal@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

II. Background 

A. PM10 Standard 

B. Columbia Falls PM10 Nonattainment 

Area 

i. Attainment Date for the Columbia Falls 

PM10 Nonattainment Area 

ii. PM10 Planning in the Columbia Falls 

PM10 Nonattainment Area 

C. Libby PM10 Nonattainment Area 

i. Attainment Date for the Libby PM10

Nonattainment Area 

ii. PM10 Planning in the Libby PM10

Nonattainment Area 

III. Attainment Determination 

A. What are the requirements for an 

attainment determination? 


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1Because the annual PM10 standard was revoked 

effective December 18, 2006, see 71 FR 61144 

(October 17, 2006), this document discusses only 

attainment of the 24-hour PM10 standard. Columbia 

Falls and Libby PM10 nonattainment areas were in 

attainment of the revoked annual PM10 standard. 

2An exceedance is defined as a daily value that 

is above the level of the 24-hour standard (150 μg/ 

m3) after rounding to the nearest 10 μg/m3 (i.e. 

values ending in 5 or greater are to be rounded up). 

Thus, a recorded value of 154 μg/m3 would not be 

an exceedance since it would be rounded to 150 μg/ 

m3 whereas a recorded value of 155 μg/m3 would 

be an exceedance since it would be rounded to 160 

μg/m3. See 40 CFR part 50, appendix K, section 1.0. 

3The EPA used a three-step process to categorize 

areas into Groups I, II, and III. First, where only 

ambient TSP data or limited amounts of PM10 data 

were available, EPA in cooperation with State 

agencies used those data and the probability 

guideline to classify areas preliminarily as Group I, 

II, or III. The EPA presumed that, at a minimum, 

the (1) areas with a probability of not attaining the 

PM10 standard of at least 95 percent fit into Group 

I; (2) areas with a probability of between 20 and 95 

percent fit into Group II; and (3) areas with a 

probability of less than 20 percent fit into Group III. 

52 FR 29383, 29384 (August 7, 1987). 

B. What do the air quality data show for 

the Columbia Falls PM10 nonattainment 

area? 

C. What do the air quality data show for 

the Libby PM10 nonattainment area? 

IV. EPA’s Final Action 

V. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The words State or Montana 

mean the State of Montana, unless the 

context indicates otherwise. 

I. General Information 

A. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information placed on a disk or CD– 

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. PM10 Standard 

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 (μg/ 

m3) and an annual PM10 standard of 50 

μg/m3. 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.1 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 above 

154 μg/m3, as determined in accordance 

with 40 CFR part 50, appendix K, is 

equal to or less than one.2 40 CFR 50.6 

and 40 CFR part 50, appendix K. 

The EPA also promulgated policies 

and regulations by which it will 

implement the PM10 NAAQS (52 FR 

24672). In accordance with these 

policies, EPA has categorized areas of 

the Nation into three groups based on 

the likelihood that the existing SIP must 

be revised to protect the PM10 NAAQS. 

Areas with a strong likelihood of 

violating the PM10 NAAQS and 

requiring substantial SIP revisions were 

placed in Group I; areas where 

attainment of the PM10 NAAQS is 

uncertain and the SIP may require only 

slight adjustment were placed in Group 

II; and areas with a strong likelihood of 

attaining the PM10 NAAQS, and 

therefore probably having an adequate 

control strategy, were placed in Group 

III.3 By this notice, EPA is identifying 

the Group I and Group II areas in 

Montana that reached attainment. 

B. Columbia Falls PM10 Nonattainment 

Area 

On August 7, 1987 (52 FR 29383), 

EPA identified a number of areas across 

the country as PM10 ‘‘Group II’’ areas of 

concern, that is, areas between 20% and 

95% likelihood of violating the PM10

NAAQS. The Columbia Falls PM10

nonattainment area was identified as a 

Group II area of concern. 

Areas meeting the requirements of 

section 107(d)(4)(B) were designated 

nonattainment for PM10 by operation of 

law and classified ‘‘moderate’’ upon 

enactment of the 1990 Clean Air Act 

Amendments. 42 U.S.C. 7407(d)(4)(B). 

These areas included all former Group 

II PM10 planning areas identified on 

August 7, 1987 (52 FR 29383), and other 

areas violating the NAAQS for PM10

prior to January 1, 1989. On October 31, 

1990 (55 FR 45799), EPA further 

clarified the descriptions of Group I and 

Group II areas of concern listed in the 

August 7, 1987 (52 FR 29383) notice. A 

Federal Register notice announcing the 

areas designated nonattainment for 

PM10 upon enactment of the 1990 Clean 

Air Act Amendments, known as ‘‘initial’’ 

PM10 nonattainment areas, was 

published on March 15, 1991 (56 FR 

11101). The Columbia Falls PM10

nonattainment area was one of these 

initial moderate PM10 nonattainment 

areas. 

i. Attainment Date for the Columbia 

Falls PM10 Nonattainment Area 

All initial moderate PM10

nonattainment areas had the same 

applicable attainment date of December 

31, 1994. States containing initial 

moderate PM10 nonattainment areas 

were required to develop and submit to 

EPA by November 15, 1991, a SIP 

revision providing for implementation 

of reasonably available control measures 

(RACM), including reasonably available 

control technology (RACT), and a 

demonstration of whether attainment of 


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4EPA promulgated amendments to the ambient 

air monitoring regulations in 40 CFR parts 53 and 

58 on October 17, 2006. See 71 FR 61236. The 

requirements for Special Purpose Monitors were 

revised and moved from 40 CFR 58.14 to 40 CFR 

58.20. 

the PM10 NAAQS by the December 31, 

1994 attainment date was practicable. 

See section 189(a). 

ii. PM10 Planning in the Columbia Falls 

PM10 Nonattainment Area 

After the Columbia Falls PM10

nonattainment area was designated 

nonattainment for PM10, the Montana 

Board of Health and Environmental 

Sciences (MBHES) 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 elements, MBHES developed 

and implemented control measures on 

PM10 sources in the Columbia Falls 

PM10 nonattainment area. The Columbia 

Falls PM10 SIP was originally adopted 

by the MBHES on January 24, 1992, and 

submitted to EPA on May 6, 1992. 

Deficiencies were identified by EPA and 

the final technical corrections were 

submitted to EPA on June 15, 1993. EPA 

approved the Columbia Falls PM10 SIP 

on April 14, 1994, with technical 

corrections dated June 15, 1993 (59 FR 

17700). The State failed to submit the 

contingency measures by the November 

15, 1993, due date. On January 19, 1994, 

EPA made a finding that the State failed 

to submit the contingency measures. In 

response to this finding the Governor of 

Montana submitted revisions to the SIP 

for Columbia Falls dated August 26, 

1994, to address the contingency 

measures and EPA approved the 

revisions on March 19, 1996 (61 FR 

11153). 

C. The Libby PM10 Nonattainment Area 

On August 7, 1987 (52 FR 29383), 

EPA identified a number of areas across 

the country as PM10 ‘‘Group I’’ areas of 

concern, that is, areas with a 95% or 

greater likelihood of violating the PM10

NAAQS and requiring substantial 

planning efforts. The Libby PM10

nonattainment area was identified as a 

Group I area of concern. 

Areas meeting the requirements of 

section 107(d)(4)(B) were designated 

nonattainment for PM10 by operation of 

law and classified ‘‘moderate’’ upon 

enactment of the 1990 Clean Air Act 

Amendments. See 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), and other areas violating the 

NAAQS for PM10 prior to January 1, 

1989. On October 31, 1990 (55 FR 

45799), EPA further clarified the 

descriptions of Group I and Group II 

areas of concern listed in the August 7, 

1987 (52 FR 29383) notice. A Federal 

Register notice announcing the areas 

designated nonattainment for PM10

upon enactment of the 1990 Clean Air 

Act Amendments, known as ‘‘initial’’ 

PM10 nonattainment areas, was 

published on March 15, 1991 (56 FR 

11101). The Libby PM10 nonattainment 

area was one of these initial moderate 

PM10 nonattainment areas. 

i. Attainment Date for the Libby PM10

Nonattainment Area 

All initial moderate PM10

nonattainment areas had the same 

applicable attainment date of December 

31, 1994. States containing initial 

moderate PM10 nonattainment areas 

were required to develop and submit to 

EPA by November 15, 1991, a SIP 

revision providing implementation of 

RACM, including RACT, and a 

demonstration of whether attainment of 

the PM10 NAAQS by the December 31, 

1994 attainment date was practicable. 

See section 189(a). 

ii. PM10 Planning in the Libby PM10

Nonattainment Area 

After the Libby PM10 nonattainment 

area was designated nonattainment for 

PM10, the MBHES 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 elements, MBHES developed 

and implemented control measures on 

PM10 sources in the Libby PM10

nonattainment area. The Libby PM10 SIP 

was originally adopted by the MBHES 

on November 15, 1991, and submitted to 

EPA on November 25, 1991. 

Deficiencies were identified by EPA and 

revisions were adopted by MBHES on 

March 19, 1993, and submitted to EPA 

on May 24, 1993. Final technical 

corrections to the SIP were sent to EPA 

on June 3, 1994. EPA approved the 

Libby PM10 SIP, with the exception of 

the contingency measures, on August 

30, 1994 (59 FR 44627). The Governor 

of Montana submitted revisions to the 

contingency measures on March 15, 

1995 and EPA approved the 

contingency measures on September 30, 

1996 (61 FR 51014). 

III. Attainment Determination 

A. What are the requirements for an 

attainment determination? 

Generally, EPA determines whether 

an area’s air quality is meeting the PM10

NAAQS based upon complete, qualityassured data gathered at established 

state and local air monitoring stations 

(SLAMS) and national air monitoring 

stations (NAMS) in the nonattainment 

areas and entered in the EPA Air 

Quality System (AQS). Data from air 

monitors operated by state/local/tribal 

agencies in compliance with EPA 

monitoring requirements must be 

submitted to AQS. EPA relies primarily 

on data in AQS when determining the 

attainment status of an area. See 40 CFR 

50.6; 40 CFR part 50, appendix J; and 40 

CFR part 58, appendix A. EPA 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, including the 

quality assurance and quality control 

criteria in 40 CFR part 58, appendix A. 

40 CFR 58.14 (2006) and 58.20 (2007); 4

71 FR 61236, 61242 (October 17, 2006). 

All valid data are reviewed to determine 

the area’s air quality status in 

accordance with 40 CFR part 50, 

appendix K. 

Attainment of the 24-hour PM10

standard is determined by calculating 

the expected number of exceedances of 

the standard in a year. The 24-hour 

standard is attained when the expected 

number of days per calendar year with 

a 24-hour concentration above 154 μg/ 

m3 is less than or equal to one. 

Generally, three consecutive years of air 

quality data are required to show 

attainment of the 24-hour PM10

standard. 

B. What do the air quality data show for 

the Columbia Falls PM10 nonattainment 

Area? 

Because the Columbia Falls PM10

nonattainment area had a December 31, 

1994, attainment date, our 

determination of whether or not the area 

attained the standard is based on 1992, 

1993 and 1994 complete quality-assured 

data for the area. During that period, the 

State of Montana operated one PM10

SLAMS monitoring site at the Columbia 

Falls Junior High School, which is 

within the Columbia Falls 

nonattainment area. The monitoring site 

met EPA SLAMS network design and 

siting requirements set forth at 40 CFR 

part 58, appendices D and E. The 

Columbia Falls Junior High School 

monitor began operation on April 21, 

1987 and ceased operation on December 

28, 2002. 

Our review of complete qualityassured air quality data from the 

Columbia Falls Junior High School site 

for the period from January 1, 1992 

through December 31, 1994, shows no 

data values exceeded the level of the 24- 

hour standard. Because there were no 

recorded exceedances of the 24-hour 


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Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Rules and Regulations 5283 

PM10 standard during calendar years 

1992–1994, the estimated number of 

PM10 exceedances for the 1992–1994 

period is 0.0, as seen in Figure 1. 

Therefore, the Columbia Falls 

nonattainment area has demonstrated 

attainment for the 24-hour PM10

NAAQS as of the attainment date of 

December 31, 1994. Additionally, we 

evaluated complete quality-assured air 

quality data at all monitors within the 

Columbia Falls PM10 nonattainment 

area after the attainment date of 

December 31, 1994 to 2009 and found 

no recorded exceedances. 

FIGURE 1—NUMBER OF ESTIMATED PM10 EXCEEDANCES IN COLUMBIA FALLS NONATTAINMENT AREA

Columbia Falls 

Junior High School 

Corner of C St 

& 4th Ave 

Corner of C St 

& 4th Ave 

30–029–0003–2 30–029–0007–1 30–029–0007–2 

1992 ......................................................................................................... 0 * * 

1993 ......................................................................................................... 0 * * 

1994 ......................................................................................................... 0 * * 

1995 ......................................................................................................... 0 * * 

1996 ......................................................................................................... 0 * * 

1997 ......................................................................................................... 0 * * 

1998 ......................................................................................................... 0 * * 

1999 ......................................................................................................... 0 * * 

2000 ......................................................................................................... 0 * * 

2001 ......................................................................................................... 0 0 * 

2002 ......................................................................................................... 0 0 * 

2003 ......................................................................................................... * 0 * 

2004 ......................................................................................................... * 0 * 

2005 ......................................................................................................... * 0 0 

2006 ......................................................................................................... * 0 0 

2007 ......................................................................................................... * 0 0 

2008 ......................................................................................................... * 0 0 

2009 ......................................................................................................... * 0 0 

*No Data Collected. 

C. What do the air quality data show for 

the Libby PM10 nonattainment area? 

Because the Libby PM10

nonattainment area had a December 31, 

1994, attainment date, our 

determination of whether or not the area 

attained the standard is based on 1992, 

1993 and 1994 complete quality-assured 

data for the area. During that period, the 

State of Montana operated two PM10

SLAMS monitoring sites within the 

Libby nonattainment area: the Lincoln 

County Courthouse site and the Libby 

Courthouse Annex site. Both monitoring 

sites met EPA SLAMS network design 

and siting requirements set forth at 40 

CFR part 58, appendices D and E. The 

Lincoln County Courthouse monitor 

began operation on April 21, 1987 and 

ceased operation on March 31, 1995. 

The Libby Courthouse Annex monitor 

began operating on October 8, 1993 and 

continues to operate. 

Our review of complete qualityassured air quality data from the 

Lincoln County Courthouse site and the 

Libby Courthouse Annex site for the 

period from January 1, 1992 through 

December 31, 1994, shows no data 

values exceeded the level of the 24-hour 

standard. Because there were no 

recorded exceedances of the 24-hour 

PM10 standard during calendar years 

1992–1994, the estimated number of 

PM10 exceedances for the 1992–1994 

period is 0.0, as seen in Figure 2. 

Therefore, the Libby nonattainment area 

has demonstrated attainment for the 24- 

hour PM10 NAAQS as of the attainment 

date of December 31, 1994. 

Additionally, we evaluated complete 

quality-assured air quality data at all 

monitors within the Libby PM10

nonattainment area after the attainment 

date of December 31, 1994 to 2009 and 

found no recorded exceedances. 

FIGURE 2—NUMBER OF ESTIMATED PM10 EXCEEDANCE IN LIBBY PM10 NONATTAINMENT AREA

Lincoln 

Courthouse 

Libby Courthouse 

Annex 

Libby Courthouse 

Annex 

30–053–0012–2 30–053–0018–1 30–053–0018–2 

1992 ......................................................................................................... 0 * * 

1993 ......................................................................................................... 0 0 * 

1994 ......................................................................................................... 0 0 * 

1995 ......................................................................................................... 0 0 * 

1996 ......................................................................................................... * 0 * 

1997 ......................................................................................................... * 0 * 

1998 ......................................................................................................... * 0 * 

1999 ......................................................................................................... * 0 * 

2000 ......................................................................................................... * 0 * 

2001 ......................................................................................................... * 0 * 

2002 ......................................................................................................... * 0 0 

2003 ......................................................................................................... * 0 0 

2004 ......................................................................................................... * 0 0 

2005 ......................................................................................................... * 0 0 

2006 ......................................................................................................... * 0 0 

2007 ......................................................................................................... * 0 0 


jdjones on DSK8KYBLC1PROD with RULES
5284 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Rules and Regulations 

FIGURE 2—NUMBER OF ESTIMATED PM10 EXCEEDANCE IN LIBBY PM10 NONATTAINMENT AREA—Continued 

Lincoln 

Courthouse 

Libby Courthouse 

Annex 

Libby Courthouse 

Annex 

30–053–0012–2 30–053–0018–1 30–053–0018–2 

2008 ......................................................................................................... * 0 0 

2009 ......................................................................................................... * 0 * 

*No Data Collected 

IV. EPA’s Final Action 

EPA is determining that the Columbia 

Falls and Libby areas have attained the 

PM10 standard based on the three years 

of complete, quality-assured data as of 

the attainment date of December 31, 

1994. For the period from 1992–1994, 

the expected exceedance for both areas 

is 0.0, which is equal to or less than the 

expected exceedance rate of 1.0 (40 CFR 

part 50, appendix K). Because complete 

quality-assured data for this period 

shows an expected exceedance rate 

equal to or below the PM10 standard, 

EPA concludes that the areas have met 

the standard. Pursuant to CAA § 188(c), 

EPA is required to make a determination 

of attainment. There were no violations 

and therefore no health risk. EPA 

therefore determines that the Columbia 

Falls and Libby nonattainment areas 

have attained the 24-hour PM10 NAAQS 

as of the December 31, 1994 attainment 

date. 

V. Statutory and Executive Order 

Review 

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 April 1, 2011. 

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: January 20, 2011. 

James B. Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2011–2121 Filed 1–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–8167] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 


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