ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 81 

[Docket: EPA-RlO-OAR-2010-0294] 

Determination of Attainment for PMIO for the Sandpoint PMlO Nonattainment Area, Idaho 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA has determined that the Sandpoint nonattainment area in Idaho 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 (PMIO). 

DATES: This action 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]. 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-RlO-OAR-201O-0294, 

by any of the following methods: 

• www.regulations.gov: Follow the on-line instructions for submitting comments. 

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• 	 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, 98101 

• 	 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-0294. 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 information 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. IfEPA 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, 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 
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A. PM10 NAAQS 

B. Designation and Classification of PMIO Nonattainment Areas 

C. How Does EPA Make Attainment Determinations? 

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

E. What PMIO Planning has Occurred for the Sandpoint PMIO Nonattainment Area? 

II. EPA's Analysis 

A. What Does the Air Quality Data Show As of the December 31, 1996 Attainment Date? 

B. Does More Recent Air Quality Data Also Show Attainment? 

ill. Statutory and Executive Order Reviews 

I. Background 

A. PMIONAAQS 

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

health and welfare. PMIO, 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 PMIO: a 24-hour standard of 150 micrograms per cubic meter (J.lg/m3) and an 

annual PMIO standard of 50 J.lg/m3. EPA also promulgated secondary PMIO standards that were 

identical to the primary standards. 
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Effective December 18,2006, EPA revoked the annual PMlO standard but retained the 24­

hour PMIO standard. 71 FR 61144 (October 17, 2006). The 24-hour PMIO 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.l 40 CFR 50.6 and 40 CFR part 50, appendix K. 

B. Designation and Classification ofPMIO 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 PMIO 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 PMIO planning areas identified in 52 FR 

29383 (August 7, 1987), as further clarified in 55 FR 45799 (October 31, 1990), and any other 

areas violating the NAAQS for PMIO prior to January 1, 1989. A Federal Register notice 

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

Amendments, known as "initial" PMIO 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 Sandpoint PMIO 

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

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

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

154 ~glm3 would not be an exceedance since it would be rounded to 150~m3 whereas a 

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

appendix K, section 1.0. 
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All initial moderate PMIO 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 PMIO non attainment 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 PMlO 

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

C. How Does EPA Make Attainment Determinations? 

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

they are designated nonattainment. See section 188(a). SectionI88(b)(2) of the Act requires 

EPA to determine within six months of the applicable attainment date whether, based on air 

quality data, PMIO non attainment areas attained the PMIO NAAQS by that date. Generally, EPA 

determines whether an area's air quality is meeting the PMIO NAAQS based upon complete, 

quality-assured data gathered at established state and local air monitoring stations (SLAMS) and 

national air monitoring stations (NAMS) in the nonattainment areas and entered into 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 
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on data in AQS when determining the attainment status of an area. See 40 CFR 50.6; 40 CFR 

part 50, appendix J; 40 CFR part 53; 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 CPR part 58, appendix A. 40 CFR 58.14 (2006) and 58.20 

(2007);271 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 PMIO 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 exceedances averaged over a three-year period is less than or equal to one. Generally, 

three consecutive years of air quality data are required to show attainment of the 24-hour PMIO 

standard. See 40 CFR part 50 and appendix K.3 

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

The original attainment date for the Sandpoint PMIO nonattainment area was December 

31,1994. The attainment date was later extended to December 31, 1995, and then to December 

2 EPA 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. 


3 Because the annual PM 10 standard was revoked effective December 18, 2006, see 71 FR 61144 (October 17, 


2006), this notice discusses only attainment of the 24-hour PMIO standard. 

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31,1996, under the authority of section 188(d) of the Act. See 61 FR 20730 (May 8,1996) (first 

one-year extension); 61 FR 66602 (December 18, 1996) (second one-year extension). 

E. What PMIO Planning has Occurredfor the Sandpoint PMIO Nonattainment Area? 

After the Sandpoint PMIO nonattainment area was designated nonattainment for PMIO, the 

Idaho Department of Environmental Quality (IDEQ), 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 IDEQ developed and implemented 

control measures on PMIO sources in the Sandpoint PMIO nonattainment area. The State 

submitted these control measures to EPA on August 16, 1996, as a moderate PMIO nonattainment 

SIP revision under section 189(a) ofthe Act. The control measures submitted by the State 

include a comprehensive residential wood combustion program, controls on fugitive road dust 

and emission limitations on industrial sources. EPA took final action to approve the State's 

moderate PMIO SIP on June 26, 2002. See 67 FR 43006. 

II. EPA's Analysis 

A. What Does the Air Quality Data Show as ofthe December 31, 1996 Attainment Date? 

The State of Idaho operated a PMIO SLAMS monitoring site in the Sandpoint PMIO 

nonattainment area at the Sandpoint Post Office until October 2001. A new site was established 
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in Sandpoint in November 2001 at 310 South Division Street. This site continued operation 

through March 2009. In March 2009 the site was moved to 1601 Ontario Street in Sandpoint. 

All three sites meet Federal siting requirements and are appropriate for monitoring the area's 

compliance with the PM\O NAAQS. (See EPA's letters approving Idaho's annual network 

review.) 

Based on a review of air quality data during the three-year period ending with the 

December 31, 1996 attainment date, one 24 hour PM\O concentration, reported on January 26, 

1994, exceeded the level of the 24 hour NAAQS, but this single exceedance did not cause a 

violation of the 24 hour NAAQS for the calendar years 1994-1996. The expected exceedance 

rate for the Sandpoint area for 1994-1996 is 0.7 days per year. This is less than the expected 

exceedance rate of the 24 hour NAAQS of 1.0 and demonstrates attainment of the 24-hour PM\O 

EPA has therefore determined that the Sandpoint PM\O nonattainment area attained the PM\O 

N AAQS by the extended attainment date of December 31, 1996. 

B. Does More Recent Air Quality Data Also Show Attainment? 

Although the attainment date for the Sandpoint PM\O nonattainment area is December 31, 

1996, EPA has also reviewed the air quality data collected at the State monitoring sites in the 

Sandpoint area from January 1997 through December 2009. The data continue to show 

attainment of the 24 hour PM\O NAAQS during this period. The monitoring site at the Post 
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Office reported no exceedances of the 24 hour NAAQS from 1997 until it was discontinued in 

2001. The new monitoring site at 310 South Division Street, which began monitoring in 2001, 

likewise reported no exceedances of the 24 hour NAAQS from 2001 through 2009. 

III. Statutory and Executive Order Reviews 

This action proposes to make a determination based on air quality data, and would, if finalized, 

not result in the imposition of any additional Federal requirements. For that reason, this 

proposed 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); 
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• 	 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 CAA; 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 it does not apply in Indian country located in the state, 

and 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 
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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 

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 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. 


DATE:__s-_I_z,_~....:....{_(0_____ 

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