Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations 41379 

1An 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 150μ/ 

m3 whereas a recorded value of 155 μg/m3 would 

be an exceedance since it would be rounded to 160 

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

Dated: June 30, 2010. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore, Maryland. 

[FR Doc. 2010–17342 Filed 7–15–10; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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: body.steve@epa.gov. 

• 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: 

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. 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 (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. 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. 

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 


cprice-sewell on DSK8KYBLC1PROD with RULES
41380 Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations 

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 


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Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations 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] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WT Docket No. 99–87, RM–9332; FCC 10– 

119] 

Private Land Mobile Radio Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission issued an Order (‘‘Order’’) 

waiving certain of its rules pertaining to 

the January 1, 2011 interim deadlines 

associated with the narrowbanding of 

private land mobile radio licensees in 

the 150–174 MHz and 421–512 MHz 

bands. The Commission denied relief 

with respect to the interim licensing 

deadlines, but granted relief in part with 

respect to certain interim equipment 

deadlines. 

DATES: Effective January 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Melvin Spann, Melvin.Spann@FCC.gov, 

Wireless Telecommunications Bureau, 

(202) 418–1333, or TTY (202) 418–7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order in 

WT Docket No. 99–87 and RM–9332, 

FCC 10–119, adopted on June 29, 2010 

and released June 30, 2010. The 

Commission waives certain of its rules 

pertaining to the January 1, 2011 interim 

deadlines associated with the 

narrowbanding of private land mobile 

radio licensees in the 150–174 MHz and 

421–512 MHz bands. The full text of 


cprice-sewell on DSK8KYBLC1PROD with RULES