### ENVIRONMENTAL PROTECTION AGENCY 40 CFRPart 81 [Docket: EPA-RlO-OAR-2010-0294] Determination ofAttainmentfor PMIO for the SandpointPMlO NonattainmentArea, 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 ofless than orequal to a nominal ten micrometers (PMIO).


### DATES: This action is effective on 

### [Insert date 60 days afterdate ofpublication in the Federal Register], without further notice, unless EPAreceives adverse comment by 

### [Insert date 30 days afterdateofpublication in the Federal Register]. 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-0294, by any ofthe following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments.**----- -~** **--** - --­2 • Email: body.steve@epa.gov • Mail: Steve Body, EPA Region 10, Office ofAir, 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 ofAir, Waste and Toxics, AWT
- 107. Such deliveries are only accepted during normal hours ofoperation, and special arrangements should be made for deliveries ofboxed 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 submitinformation that you consider to be CBI or otherwise protected through www.regulations.gov ore-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 ofyour 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 ofthe comment that is placed in the public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends that you include your name and other contact information in the body ofyour comment and with any disk orCD-ROM you submit. IfEPA cannot read your comment due to3 technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use ofspecial characters, any form of encryption, and be free ofany defects orviruses.
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 electronicallyin www.regulations.gov or in hard copy during normal business hours at the Office ofAir, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle WA, 98101.
FORFURTHERINFORMATION CONTACT: Steve Body at telephone number: (206) 553­ 0782, e-mail address: body.steve@epa.gov, or the above EPA, Region 10 address.
SUPPLEMENTARYINFORMATION: Throughout this document wherever "we", "us" or "our" are used, we mean EPA. Information is organized as follows:
Table ofContents:
I. Background4 A. PM 10NAAQS B. Designation and Classification ofPMIO Nonattainment Areas C. How Does EPAMake 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 ofthe December 31, 1996 Attainment Date? B. Does More Recent Air Quality DataAlso Show Attainment? ill. Statutory and Executive Order Reviews


### I. Background A. PMIONAAQS
The NAAQS are levels for certain ambient airpollutants set byEPA to protect public health and welfare. PM IO, orparticulate matter with an aerodynamic diameter less than orequal to a nominal 10 micrometers, is among the ambient air pollutants for which EPA has established health-based standards. OnJuly 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 PM IO standard of50 J.lg/m3

. EPA also promulgated secondaryPM IO standards that were identical to the primary standards.

### 5 Effective December 18,2006,EPA revoked the annual PMlO standardbut retained the 24­ hour PMIO standard. 71 FR 61144 (October 17, 2006). The 24-hour PMIO standard is attained when the expected number ofdays per calendaryear with a 24-hour concentration in excess of the standard, as determined in accordance with 40 CFRpart 50, appendix K, is equal to orless than one. l 40 CFR 50.6 and 40 CFR part 50, appendix K.
B. Designation and Classification of PMIO NonattainmentAreas
Areas meeting the requirements ofsection 107(d)(4)(B) ofthe Clean Air Act (CAA orthe Act) were designated nonattainment for PMIO by operation oflaw and classified "moderate" upon enactment ofthe 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 FR45799 (October 31, 1990), and any other areas violating the NAAQS for PMIO priorto January 1, 1989. A FederalRegisternotice announcing the areas designated nonattainment for PMIO upon enactment ofthe 1990 Amendments, known as "initial" PMIO nonattainment areas, was published on March 15, 1991 (56 FR 11101) and a subsequent Federal Registerdocument correcting the description ofsome ofthese areas was published on August 8, 1991 (56 FR 37654). The Sandpoint PMIO nonattainment area was one ofthese initial moderate PMIO nonattainment areas.
1 An exceedance is defined as a daily value that is above the level ofthe 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 1.0.6 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-yearextensions to the attainment date provided certain requirements are met. States containing initial moderate PMIO nonattainment areas were required to develop and submit to EPAby November 15, 1991, a state implementation plan (SIP) revision providing implementation ofreasonably available control measures (RACM), including reasonably available control technology (RACT), and a demonstration ofwhether attainment ofthe PMlO NAAQS by the December 31, 1994 attainment date was practicable. See section 189(a).


### C. How Does EPA MakeAttainmentDeterminations?
All PMlO nonattainment areas are initially classified "moderate" by operation oflaw when they are designated nonattainment. See section 188(a). SectionI88(b)(2) ofthe Act requires EPA to determine within six months ofthe applicable attainment date whether, based on air quality data, PMIO nonattainment 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 mustbe submitted to AQS. EPA relies primarily7 on data in AQS when determining the attainment status ofan area. See 40 CFR 50.6; 40 CFR part 50, appendix J; 40 CFR part 53; 40CFR 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 qualitycontrol 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 ofthe 24-hour PM IO standard is determined by calculating the expected number ofexceedances ofthe standard in a year. The 24-hour standard is attained when the expected exceedances averaged over a three-year period is less than orequal to one. Generally, three consecutive years ofair quality data are required to show attainment ofthe 24-hourPM IO standard. See 40 CFR part 50 and appendix K.3

D. What is theAttainmentDatefor the SandpointPMIO NonattainmentArea?
The original attainment date for the Sandpoint PM IO 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 ofthe 24-hour PMIO standard.8 31,1996, under the authority ofsection 188(d) ofthe 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 SandpointPMIO NonattainmentArea?
After the Sandpoint PMIO nonattainment area was designated nonattainment for PMIO, the Idaho Department ofEnvironmental Quality (IDEQ), began in the early 1990s to prepare the technical elements needed to bring the area into attainment and meet the planning requirements oftitle I ofthe 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 comprehensiveresidential 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 onJune 26, 2002. See 67 FR43006.


### II. 

### EPA's Analysis A. What Does theAir Quality Data Show as of the December 31, 1996AttainmentDate?
The State ofIdaho 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

### 9 in Sandpoint in November 2001 at 310 South Division Street. This site continued operation through March 2009. InMarch 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 ofair 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 ofthe 24 hour NAAQS, but this single exceedance did not cause a violation ofthe 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 ofthe 24 hour NAAQS of 1.0 and demonstrates attainment ofthe 24-hour PM\O EPA has therefore determined that the Sandpoint PM\O nonattainment area attained the PM\O NAAQS by the extended attainment date ofDecember 31, 1996.
B. DoesMore RecentAir Quality DataAlso ShowAttainment? 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 datacontinue to show attainment ofthe 24 hour PM\O NAAQS during this period. The monitoring site at the Post10 Office reported no exceedances ofthe 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 ofthe 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, iffinalized, not result in the imposition ofany additional Federal requirements. For that reason, this proposed action: • is not a "significantregulatory action" subject to review by the Office ofManagement and Budget under Executive Order 12866 (58 

### FR 51735, October 4, 1993); • does not impose an information collection burden underthe provisions ofthe Paperwork Reduction Act (44 U.S.c. 3501 etseq.); • is certified as not having a significant economic impact ona substantial number ofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 etseq.); • 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);11 • 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 ofSection 12(d) ofthe National TechnologyTransfer and Advancement Act of 1995 (15 U.S.c. 272 note) because application ofthose 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 FR7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified byExecutive 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 orpreempt 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 agencypromulgating the rule must submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the ComptrollerGeneral ofthe United States prior to publication ofthe rule in the Federal Register. A majorrule cannot take effect until 60 days after.. 12 it is published in the Federal Register. This action is not a "majorrule" as defined by 5 U.S.c. 804(2).

Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the appropriate circuit by [FEDERAL REGISTER OFFICE: insert date 60 days from date ofpublication ofthis document in the Federal Register]. Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthis action for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review maybe filed, and shall not postpone the effectiveness ofsuch rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice ofproposed rulemaking for this action published in the proposed rules section oftoday's Federal Register, rather than file an immediate petition forjudicial review ofthis 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 ofSubjects in 40 CFR Part 81 Environmental protection, Air pollution control, Intergovernmental relations, Particulatematter, Reporting and recordkeeping requirements.

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