ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 81 

[Docket EPA-RI0-0AR-2010-0433] 

Determination of Attainment for 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 in Alaska attained 

the National Ambicnt Air Quality Standard (NAAQS) for particulate matter with an aerodynamic 

diameter ofless than or equal to a nominal ten micrometers (PMIO) as of December 31,1994. 

DATES: This rule 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-RI0-0AR-2010-0433, 

by any of the following methods: 

• www.regulations.gov: Follow the on-line instructions for submitting comments. 
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• Email: vaupel.claudia@epa.gov 

• Mail: Claudia Vergnani Vaupel, 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 W A, 

98101. Attention: Claudia Vergnani Vaupel, Office of Air, Waste and Toxics, AWT107. 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-R10-0AR-201O-0433. 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.regu1ations.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.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 infonnation unless you provide it in the body of your 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 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 
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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 WA, 98101. 

FOR FURTHER INFORMATION CONTACT: Claudia Vergnani Vaupel at telephone 

number: (206) 553-6121, e-mail address: vaupel.claudia@epa.gov, or the above EPA, Region 10 

address. 

SUPPLEMENTARY INFORMATION: Throughout this document wherever "we", "us" or 

"our" are used, we mean EPA. Inforn1ation is organized as follows: 

Table of Comments 
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 of the December 31,1994 Attainment 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 

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 1 0 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 ().Lg/m3

) and an 
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annual PMIO standard of 50 flg/m3• EPA also promulgated secondary PMIO standards that were 

identical to the primary standards. 

Effective December 18, 2006, EPA revoked the annual PMIO 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 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 CFR part 50, appendix K. 

B. The Eagle River PMIO Nonattainment Area 

On August 7, 1987 (52 FR 29383), EPA identified a number of areas across the country 

as PMIO "Group I" areas of concern, that is, areas with a 95% or greater likelihood of violating 

the PMIO NAAQS and requiring substantial planning efforts. The Eagle River PMIO 

nonattainment area was identified as a Group I area of concern. 

Areas meeting the requirements of section 1 07( d)( 4)(B) were designated nonattainment 

for PMIO by operation oflaw 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 fonner 

I An exceedance is defined as a daily value that is above the level of the 24-hour standard (ISO !lg/mJ) after rounding 

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/mJ would be 

an exceedance since it would be rounded to 160 fumJ

• See 40 CFR part 50, appendix K, section 1.0. 
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Group I PMIO planning areas identified in 52 FR 29383 (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 of the 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 ofthese initial moderate PMIO nonattaimnent areas. 

C. Attainment Date for the Eagle River PM 10 Nonattainment Area 

All initial moderate PMIO nonattainment areas had the same applicable attainment date of 

December 31, 1994. States containing initial moderate PMIO 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 teclmology (RACT), and a demonstration of whether attainment of 

the PMIO NAAQS by the December 31, 1994, attainment date was practicable. See section 

189(a). 

D. PMIO Planning in the Eagle River PMIO Nonattainment Area 

After the Eagle River PMIO nonattainment area was designated nonattaimnent for PMIO, 

the Alaska Department of Environmental Conservation (ADEC) began in the early 1990s to 
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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 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) of the Act. The control strategy focused on 

implementing road 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 quality is meeting the PMLO 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 on data in AQS when detennining the attainment status of an area. 

See 40 CPR 50.6; 40 CPR part 50, appendix J; 40 CPR part 53; 40 CPR part 58, appendix A. 

EPA will also consider air quality data from other air monitoring stations in the nonattainment 
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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);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 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 number of days per calendar year with a 24-hour concentration above 154 I-lg/m3

, as 

determined in accordance with 40 CFR part 50, appendix K, 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. 

B. What Do the Air Quality Data Show as of the December 31, 1994 Attainment Date? 

Because the Eagle River PMIO nonattainment area has 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 Alaska 

operated two PMlO SLAMS monitoring sites within the Eagle River nonattainment area: the 

Parkgate site and the Baronoff site. Both monitoring sites met EPA SLAMS network design and 

siting requirements set forth at 40 CFR part 58, appendices D and E. The Parkgate site began 

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. 
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operation in 1985 and continues to operate. The Baronoff site began operating in May of 1992 

and ceased operation in 1996. 

Parkgate Site 

Our review of complete 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 PMIO value, 

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

was flagged by ADEC in AQS as a special event due to a volcanic eruption. Under EPA's 1994 

guidance,4 data may be excluded from regulatory determinations related to exceedances or 

violations of the NAAQS ifit is adequately demonstrated that a special event caused the 

exceedance or violation. EPA concurred on this exceedance as a special event in a letter to 

ADEC on May 24,1995. Consequently, this value is excluded from expected exceedance 

calculations. Because there was no other recorded exceedance of the 24-hour PMlO standard 

during calendar years 1992-1994, the expected PM 10 exceedance rate 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 of the attainment date of December 31,1994. 

3 To meet data completeness criteria, missing data in the first quarter of 1994 was substituted according to EPA 

guidance. See "PMl 0 SIP Development Guideline" (EPA-450/2-86-00 1, June 1987), "Guideline on Exceptions to 

Data Requirements for Determining Attaitmlent ofPatiiculate Matter 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 of Ambient Air Quality Data Affected by Special Events or Special 

Conditions" (EP A-454/D-94-00 1, September, 1994). 
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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, the Parkgate site has also 

demonstrated attainment of the 24-hour PMlO NAAQS for calendar years 1991-1993, 1993-1995, 

1994-1996, and 1995-1997. 

Baronoff Monitoring Site: 

EPA also reviewed the data from the Baronoff site, the other SLAMS site in the Eagle 

River PMlO nonattainment area that was operating during the 1992-1994 period. Because this 

monitor began operating on May 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 Baronoff site recorded three exceedances of the 24-hour PMlO NAAQS in 

the 1992-1994 period (all in 1992), these values were flagged by ADEC as special events due to 

a volcanic eruption. EPA concurred on the flagged exceedances in a May 24, 1995, letter to 

ADEC and thus these values are excluded from the expected exceedance calculations. Outside 

of these flagged exceedances there has been no other exceedance ofthe 24-hour PMlO standard at 

the Baronoff site from May 27, 1992 through December 31, 1994 (nor through October 1, 1996, 

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

site was 110t used for this site. 
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when the monitor ceased operation). We therefore conclude that data from the Baronoff site does 

not show the Eagle River PMIO nonattainment area failed to attain the PMIO standard by the 

December 31, 1994, attainment date.6 

C. What Does More Recent Air Quality Data 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 by that date includes all data 

collected in calendar years 1992, 1993, and 1994, EPA has also reviewed the air quality data 

collected at the State monitoring sites from January 1992 through the most recent available data 

in AQS. The Parkgate site recorded one exceedance of the standard in each of the years 2007 and 

2009. These exceedances were timely flagged by ADEC as exceptional events due to high winds 

and will be evaluated by EPA under the Exceptional Events Rule and addressed in a separate 

action.7 Under the Exceptional Events Rule, EPA may exclude data from regulatory 

determinations related to exceedances or violations of the NAAQS ifit is adequately 

demonstrated that an exceptional event caused the exceedance or violation. 40 CFR 50.1, 50.14. 

If in the future EPA determines, after notice-and-comment rulemaking, 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 violation of the 24-hour PM 10 NAAQS. See 40 CFR 50, 

appendix K, section 2.3( c). . 

7 Note that ADEC has recently advised EPA of an exceed.nce in September 2010 that they also intend to flag as a 

high wind exceptional event. 
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III. EPA's Final Action 

EPA is determining that the Eagle River area has attained the PMIO 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 rate of 0.0 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 

or below the PMIO standard, EPA concludes that the 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 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); 
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• 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); 

• 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 TeclmologyTransfer 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 discretionaty authority to address, as appropriate, 

disproportionate human health 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 by Executive Order 13175 (65 

FR 67249, November 9, 2000), because the SIP is not approved to aPply in Indiatl countJy 
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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 ofthe 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 talce 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 ofthis 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 
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action published in the proposed rules section oftoday'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. 
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DATE: Ie I J I z..-OfU 

Dennis J. 

Regional Administrator 

Region 10.