### ENVIRONMENTAL PROTECTIONAGENCY 40 CFRPart 81 [Docket EPA-RI0-0AR-2010-0433] Determination ofAttainmentfor PMlO: 

### Eagle River PM10 

### Nonattainment Area, Alaska AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA has detennined that the Eagle River nonattainment area inAlaska attained the National Ambicnt Air Quality Standard (NAAQS) for particulate matter with an aerodynamic diameter oflessthan or equal to a nominal ten micrometers (PM IO) 

### as ofDecember 31,1994. DATES: This rule is effective on [Insert date 60 days after date ofpublication in the FederalRegister], without further notice, unless EPA receives adverse comment by [Insert date 30 days after date ofpUblication in the FederalRegister]. 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-RI0-0AR-2010-0433, by any ofthe following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments.2


### • Email: vaupel.claudia@epa.gov • Mail: ClaudiaVergnani Vaupel, 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: Claudia Vergnani Vaupel, Office ofAir, Waste and Toxics, AWT107. 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-R10-0AR-201O-0433. EPA's policy is that all comments received will beincluded in the public docket without change and maybe made available online at www.regu1ations.gov, including anypersonal 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.regu1ations.gov or e-mail. The www.regu1ations.gov website is an "anonymous access" system, which means EPA will not know your identity or contact infonnationunless you provide it in thebodyofyour comment. If 

### you send an e-mail comment directly to EPA without going through www.regu1ations.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 bodyofyour comment and with any disk or CD-ROM you submit. IfEPA cannot read your comment due to

### 3 technical difficulties and cannot contact you for clarification, EPAmaynot 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 notpublicly 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 orinhard copy during normal business hours at the Office ofAir, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle WA, 98101. FOR FURTHER INFORMATION CONTACT: ClaudiaVergnani Vaupel at telephone number: (206) 553-6121, e-mail address: vaupel.claudia@epa.gov, orthe above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: Throughout this document wherever "we", "us" or "our" are used, wemean EPA. Inforn1ation is organized as follows: Table ofComments

### 4 I. Background A. PMIO Standard B. The Eagle River PMIO Nonattainrnent Area C. Attainment Date for the Eagle River PMIO Nonattainment Area D. PMIO Planning in the Eagle River PMIO Nonattainment Area II. Attainment Detennination 

### A. What are the Requirements for Attainment Detenninations? B. What Do the Air Quality Data Show as ofthe December 31,1994Attainment Date? C. What Do More Recent Air Quality Data Show? III. EPA's Final Action IV. Statutory and Executive Order Reviews 

### I. Background A. PMIO Standard TheNAAQS are levels for certain ambient air pollutants setby EPAto protectpublic health and welfare. PMIO, orparticulate matterwith an aerodynamic diameter less than or equal to a nominal 1 0 micrometers, is among the ambient air pollutants for which EPAhas established health-based standards. On July 1, 1987 (52 FR 24634), EPApromulgated two primary standards for PMIO: a 24-hour standard of 150 micrograms per cubic meter ().Lg/m3) and an

### 5 annual PMIO standard of50 flg/m3• EPA also promulgated secondary PMIO standards that were identical to theprimary standards. Effective December 18, 2006, EPArevoked the annual PMIO standardbut retained the 24- hour PMIO standard. 71 FR 61144 (October 17,2006). The 24-hourPMIO standard is attained whenthe expected number ofdays per calendar year with a 24-hour concentration above 154 flg/m3, as detennined in accordance with 40 CFR part 50, appendix K, is equal to or less than one. l 40 CFR 50.6 and 40 CFRpart 50, appendix K. B. The Eagle River PMIO Nonattainment Area OnAugust 7, 1987 (52 FR 29383), EPA identified a number ofareas across the country as PMIO "Group I" areas ofconcern, that is, areas with a 95% orgreater likelihood ofviolating the PMIO NAAQS and requiring substantial planning efforts. The Eagle River PMIO nonattainment area was identified as a Group I area ofconcern. Areas meeting the requirements ofsection 1 07(d)(4)(B) were designated nonattainment for PMIO byoperation 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 fonner

I An exceedance is defined as a daily value that is above the level ofthe 24-hour standard (ISO !lg/mJ) afterrounding to the nearest 10 !lg/mJ (i.e. values ending in 5 or greater are to be rounded up). Thus, a recorded value of 154 !lg/mJ would not be an exceedance since it would be rounded to 150fl/mJ whereas a recorded value of 155 !lg/m J would be an exceedance since it would berounded to 160 fumJ • See 40 CFRpart 50, appendix K, section 1.0.

### 6 Group I PMIO planning areas identified in 52 FR29383 (August 7, 1987), and 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 ofthe 1990 Clean Air Act Amendments, known as "initial" PMIO nonattainment areas, was published on March 15, 1991 (56 FR 11101). The Eagle River PMIO nonattainment area was one oftheseinitial moderate PMIO nonattaimnent areas. C. Attainment Date for the Eagle River PM10Nonattainment Area All initial moderate PMIO nonattainment areas had the same applicable attainment date of December 31, 1994. States containing initial moderate PMIO nonattainment areas wererequired to develop and submitto EPA byNovember 15, 1991, a state implementation plan (SIP) revision providingimplementation ofreasonably available control measures (RACM), including reasonably available control teclmology (RACT), and a demonstration ofwhether attainment of the PMIO NAAQS bythe December 31, 1994, attainment date was practicable. See section 189(a). D. PMIO Planningin the Eagle River PM IO Nonattainment Area After the Eagle River PMIO nonattainment area was designated nonattaimnent for PM IO, the Alaska Department ofEnvironmental Conservation (ADEC) beganin the early 1990s to

### 7 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 ADEC, developed and implemented control measures on PMLO sources in the Eagle River PMLO nonattainment area. The State submitted these control measures to EPA on October 15, 1991, as a moderate PMLO nonattainment SIP revision under section 189(a) ofthe Act. The control strategy focused on implementingroad surfacing and paving projects to reduce fugitive dust from paved and unpaved streets and windblown dust. EPA took final action to approve the State's moderate PMLO SIP on August 13, 1993. See 58 PR 43084. 

### II. Attainment Determination A. What are the Requirements for Attainment Determinations? Generally, EPA detennines whether an area's air qualityis meetingthePMLO NAAQS based upon complete, quality-assured data gathered at established state and local airmonitoring stations (SLAMS) and national air monitoring stations (NAMS) inthe nonattainment areas and entered into the EPA Air Quality System (AQS). Data from air monitors operatedby state/local/tribal agencies in compliance with EPA monitoring requirements mustbe submitted to AQS. EPArelies primarily on data inAQS when detennining the attainment status ofan area. See 40 CPR 50.6; 40 CPRpart 50, appendix J; 40 CPR part 53; 40 CPRpart 58, appendix 

### A. EPA will also consider air quality datafrom other air monitoring stations in the nonattainment

### 8
area provided that the stations meetthe Federal monitoring requirements for SLAMS, including the quality assurance and quality control criteria in 40 CFRpart 58, appendix 

### A. 40 CFR 58.14 (2006) and 58.20 (2007);2 71 FR 61236, 61242 (October 17,2006). All valid data are reviewed to determine the area's air quality status in accordance with 40 CFRpart 50, appendix K. Attainment ofthe 24-hour PMIO standard is determined by calculating the expected number ofexceedances ofthe standard in a year. The 24-hour standard is attained when the expected number ofdays per calendaryear with a 24-hour concentration above 154 I-lg/m3, as determined in accordance with 40 CFRpart 50, appendix K, is less than or equal to one. Generally, three consecutive years ofair quality data are required to show attainment ofthe 24- hourPMIO standard. See 40 CFRpart 50 and appendix K. B. What Do the Air Quality Data Show as ofthe December 31, 1994 Attainment Date? Because the Eagle River PMIO nonattainment area has a December 31,1994, attainment date, our determination ofwhether ornot the area attained the standard is basedon 1992, 1993 and 1994 complete quality-assured data for the area. During that period, the State ofAlaska operated two PMlO SLAMS monitoring sites within the Eagle River nonattainment area: the Parkgate site and the Baronoffsite. Bothmonitoring sites met EPA SLAMS network design and siting requirements set forth at 40 CFRpart 58, appendices D and E. The Parkgate site began 2EPApromulgated amendments to the ambient airmonitoring regulations in 40 CFRparts 53 and 58 on October 17, 2006. See 71 FR 61236. Therequirements for Special Purpose Monitors were revised and moved from 40 CFR 58.14 to 40 CFR 58.20.

### 9 operation in 1985 and continues to operate. The Baronoffsite began operating in May of 1992 and ceased operation in 1996. Parkgate Site 

### Ourreview ofcomplete quality-assured air quality data from the Parkgate site for the period from January 1, 1992 through December 31, 1994, shows that one 24-hour PM IO 

### value, reported on September 16, 1992, exceeded the level ofthe 24-hour standard. 3 

### This 24-hour value was flagged byADEC in AQS as a special event due to a volcanic eruption. Under EPA's 1994 guidance,4 

### data maybe excluded from regulatory determinations related to exceedances or violations ofthe NAAQS ifitis adequately demonstrated that a special event caused the exceedance orviolation. EPA concurred on this exceedance as a special event in a letter to ADEC onMay 24,1995. Consequently, this value is excluded from expected exceedance calculations. Because there was no otherrecorded exceedance ofthe 24-hour PMlO standard during calendar years 1992-1994, the expected PM 10 

### exceedancerate for the 1992-1994 period at the Parkgate site is 0.0. Therefore, the Parkgate site has demonstrated attainment for the 24-hour PMlONAAQS.as ofthe attainment date ofDecember 31,1994.

3 To meet data completeness criteria, missing data in the first quarter of 1994 was substituted according to EPA guidance. See "PMl0 SIP Development Guideline" (EPA-450/2-86-00 1, June 1987), "Guideline on Exceptions to Data Requirements for Determining Attaitmlent ofPatiiculateMatter Standards" (EPA-450 4-87 -005, April 1987), and the data completeness discussion in the Memorandum from Chris Hall entitled "Eagle River PM10 Attainment Determination," (October 5, 2010). 4"Guideline on the Identification and Handling ofAmbientAir QualityDataAffected by Special Events or Special Conditions" (EPA-454/D-94-001, September, 1994).10 Additionally, we evaluated expected exceedances for the three-year period prior to and after the attainment date. Because other than the September 1992 special event, no other exceedance was recorded during calendar years 1991 through 1997,theParkgate sitehas also demonstrated attainment ofthe 24-hour PMlO NAAQS for calendaryears 1991-1993, 1993-1995, 1994-1996, and 1995-1997. BaronoffMonitoring Site:
EPA also reviewed the data from the Baronoffsite, the other SLAMS site in the Eagle River PMlO nonattainment area that was operating during the 1992-1994period. Because this monitorbegan operating onMay 27, 1992, and did not operate for one full quarter during the 1992-1994 period, the data from this monitor cannot be used for making a determination of attainment for the 1992-1994 period.s Even so, we can evaluate whether the data from this monitor show that the Eagle River PMlO nonattainment area failed to attain for the 1992-1994 period. Although the Baronoffsiterecorded three exceedances ofthe 24-hour PMlO NAAQS in the 1992-1994 period (all in 1992), these values were flagged byADEC as special events dueto a volcanic eruption. EPA concurred onthe flagged exceedances in a May 24, 1995, letter to ADEC and thus these values are excluded from the expected exceedance calculations. Outside ofthese flagged exceedances there has been no other exceedance ofthe 24-hour PMlO standard at the Baronoffsite from May27, 1992 through December 31, 1994 (nor through October 1, 1996,

5Because data for the 1st quarter 1992 was less than 50% complete, the substitution guidance used for the Parkgate site was 110tused for this site.

### 11 when the monitor ceased operation). We therefore concludethat data from the Baronoffsite does not show the Eagle River PMIO nonattainment area failed to attain the PMIO standardbythe December 31, 1994, attainment date. 6
C. What Does More Recent Air QualityData Show? Although the attaimnent date for the Eagle River PM10 nonattainment area is December 31, 1994, and the air quality data used to determine attaimnent bythat date includes all data collected in calendar years 1992, 1993, and 1994, EPAhas also reviewed the air quality data collected at the Statemonitoring sites from January 1992 through the mostrecent available data in AQS. The Parkgate site recorded one exceedance ofthe standard in each ofthe years 2007 and 2009. These exceedances were timely flagged by ADEC as exceptional events due to high winds and will be evaluated byEPA under the Exceptional Events Rule and addressed in a separate action. 7 Under the Exceptional Events Rule, EPA mayexclude data from regulatory determinations related to exceedances or violations ofthe NAAQS ifit is adequately demonstrated that an exceptional event caused the exceedance orviolation. 40 CFR 50.1, 50.14. Ifinthe future EPA determines, after notice-and-commentrulemaking, that the area is no longer attaining the PMIO NAAQS, EPA will publish such detennination in the Federal Register.

6 Based on the available data, the site does not show a violationofthe 24-hour PM10 NAAQS. See40 CFR 50, appendix K, section 2.3(c). . 7Note that ADEC has recently advised EPA ofan exceed.nce in September 2010 that they also intend to flag as a high wind exceptional event.

### 12 III. EPA's Final Action EPA is determining that the Eagle River area has attained the PMIO standard based on the three years ofcomplete, quality-assured data as ofthe attainment date ofDecember 31,1994. Forthe period from 1992-1994, the expected exceedance rate of0.0 for the Parkgate site is equal to or less than the expected exceedance rate of 1.0 that is allowed under the PMIO NAAQS. Because complete quality-assured data for this period show an expected exceedance rate equal to orbelowthe PMIO standard, EPA concludes thatthe area has met the standard. EPA therefore determines that the Eagle River nonattainment area has attained the 24-hour PMIO NAAQS as of the December 31, 1994, attainment date. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions ofthe 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 theymeet the criteria ofthe 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 "significantregulatory action" subject to review bythe Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4,1993);13
• does notimpose aninformation collectionburdenunder the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 

### etseq.); • is certified as not having a significant economic impact on a substantial number ofsmall entities under the Regulatory FlexibilityAct (5 U.S.C. 601 

### etseq.); • does not contain any unfunded mandate or significantly oruniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); • does nothaveFederalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory actionbased onhealth or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significantregulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements ofSection 12(d) oftheNational TeclmologyTransfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application ofthose requirements wouldbe inconsistent with the CleanAir Act;·and • does not provide EPA with the discretionaty authority to address, as appropriate, disproportionate humanhealth or enviromnental 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 byExecutive Order 13175 (65 FR 67249, November 9, 2000), becausethe SIP is not approved to aPply in Indiatl countJy

### 14 located inthe 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 

### etseq., as added bythe Small Business Regulatory Enforcement Fairness Act of 1996, generallyprovides that before arule 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 Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. A majorrule cannot talce effectuntil 60 days after 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 AirAct, petitions forjudicial review ofthis action mustbe filed in the United States Court ofAppeals for the appropriate circuitby [FEDERAL REGISTER OFFICE: insert date 60 days from date ofpublication ofthis document in the Federal Register]. Filing a petition for reconsideration bythe Administrator ofthis final rule does not affect the finality ofthis action for the purposes of judicial review nor does it extend the time within which a petition forjudicial review maybe filed, and shall notpostpone the effectiveness ofsuchrule 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 this15 

### 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 maynot be challenged later inproceedings to enforce its requirements. See section 307(b)(2).
List ofSubjects in 40 CFR Part 81 Environmental protection, Air pollution control, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.16

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# I z..-OfU Dennis J. Regional Administrator Region 10.