[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Proposed Rules]
[Pages 27055-27058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12357]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Docket No.: WA-01-001; FRL-6980-9]


Finding of Attainment for PM-10; Spokane PM-10 Nonattainment 
Area, Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rule.

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SUMMARY: EPA is proposing to find that the Spokane nonattainment area 
in Washington has attained the National Ambient Air Quality Standards 
(NAAQS) for particulate matter with an aerodynamic diameter of less 
than or equal to a nominal ten micrometers (PM-10) as of December 31, 
1997.

DATES: Written comments must be received on or before June 15, 2001.

ADDRESSES: Written comments should be mailed to Steven K. Body, Office 
of Air Quality, Mailcode OAQ-107, EPA Region 10, 1200 Sixth Avenue, 
Seattle, Washington, 98101. Copies of documents relevant to this action 
are available for public review during normal business hours (8:00 am 
to 4:30 pm) at this same address.

FOR FURTHER INFORMATION CONTACT: Steven K. Body, Office of Air Quality, 
EPA Region 10, 1200 Sixth Avenue, Seattle, Washington, 98101, (206) 
553-0782.

SUPPLEMENTARY INFORMATION: Throughout this document, the words ``we'', 
``us'', or ``our'' means the Environmental Protection Agency (EPA).

Table of Contents

I. Background
    A. Designation and Classification of PM-10 Nonattainment Areas.
    B. How Does EPA Make Attainment Determinations?
    C. What is the Attainment Date for the Spokane PM-10 
Nonattainment Area?
II. EPA's Proposed Action
III. Administrative Requirements

I. Background

A. Designation and Classification of PM-10 Nonattainment Areas

    Areas meeting the requirements of section 107(d)(4)(B) of the Clean 
Air Act (CAA) were designated nonattainment for PM-10 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 PM-10 planning areas identified in 52 FR 
29383 (August 7, 1987), as further clarified in 55 FR 45799 (October 
31,

[[Page 27056]]

1990), and any other areas violating the NAAQS for PM-10 prior to 
January 1, 1989. A Federal Register document announcing the areas 
designated nonattainment for PM-10 upon enactment of the 1990 
Amendments, known as ``initial'' PM-10 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 Spokane PM-10 
nonattainment area was one of these initial moderate PM-10 
nonattainment areas.
    All initial moderate PM-10 nonattainment areas had the same 
applicable attainment date of December 31, 1994. Section 188(f) of the 
CAA provides the Administrator with the authority to waive a specific 
date for attainment of the standard under certain circumstances based 
on the relative contribution of anthropogenic and nonanthropogenic 
sources of PM-10 to violation of the PM-10 standard in the area. See 59 
FR at 41998 (April 16, 1994).

B. How Does EPA Make Attainment Determinations?

    All PM-10 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 CAA, we have 
the responsibility of determining within six months of the applicable 
attainment date whether, based on air quality data, PM-10 nonattainment 
areas attained the PM-10 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 PM-10 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) in the 
nonattainment areas and entered into the EPA Aerometric Information 
Retrieval System (AIRS). Data entered into the AIRS 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 B) and 
may be used to determine the attainment status of areas. We 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 annual PM-10 standard is achieved when the annual 
arithmetic mean PM-10 concentration over a three-year period (for 
example 1995, 1996, and 1997 for areas with a December 31, 1997, 
attainment date) is equal to or less than 50 micrograms per cubic meter 
(<greek-m>g/m\3\). Attainment of the 24-hour standard is determined by 
calculating the expected number of days in a year with PM-10 
concentrations greater than 150 <greek-m>g/m\3\. The 24-hour standard 
is attained when the expected number of days with levels above 150 
<greek-m>g/m\3\ (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 annual and 24-hour standards for PM-
10. See 40 CFR part 50 and appendix K.

C. What Is the Attainment Date for the Spokane PM-10 Nonattainment 
Area?

    As stated above, the Spokane PM-10 nonattainment area was 
designated nonattainment for PM-10 and classified as moderate under 
sections 107(d)(4)(B) and 188(a) of the Clean Air Act upon enactment of 
the Clean Air Act Amendments of 1990. See 40 CFR 81.348 (PM-10 Initial 
Nonattainment Areas); see also 56 FR 56694 (November 6, 1991). Under 
subsections 188(a) and (c)(1) of the Act, the original attainment date 
for the Spokane PM-10 nonattainment area, as well as for all other 
initial moderate PM-10 nonattainment areas, was December 31, 1994.
    The Washington Department of Ecology (Ecology) submitted a SIP 
revision for the Spokane area on November 15, 1991 followed by 
addendums on January 31, 1992, December 9, 1994, and May 18, 1995. The 
December 1994 addendum included a more detailed technical analysis 
indicating that nonanthropogenic sources may be significant in the 
Spokane PM-10 nonattainment area during windblown dust events. Based on 
our review of the State's submissions, we deferred action on several 
elements in the Spokane SIP, approved the control measures in the SIP 
as meeting RACM/RACT for all sources except for windblown dust, and, 
under section 188(f) of the CAA, granted a temporary waiver to extend 
the attainment date for the Spokane area to December 31, 1997. See 61 
FR 35998 (July 9, 1996) (proposed action); 62 FR 3800 (January 27, 
1997) (final action). The temporary waiver was intended to provide 
Ecology time to evaluate further the Spokane nonattainment area and to 
determine the significance of the anthropogenic and nonanthropogenic 
sources impacting the area. Once these activities were complete or the 
temporary waiver expired, EPA was to make a decision on whether the 
area was eligible for a permanent waiver under section 188(f) of the 
CAA or whether the area had attained the standard by the extended 
attainment date. See 62 FR at 3802.

II. EPA's Proposed Action

    As discussed above, whether an area has attained the PM-10 NAAQS is 
based exclusively upon measured air quality levels. See 40 CFR part 50 
and 40 CFR 50, appendix K. For an area with a December 31, 1997, 
attainment date, such as the Spokane area, data reported for calendar 
years 1995, 1996, and 1997 are considered.
    The Spokane County Air Pollution Control Authority (SCAPCA), the 
local air pollution control authority in Spokane County, established 
and operates six PM-10 SLAMS monitoring sites in the Spokane PM-10 
nonattainment area. All six monitoring sites meet EPA SLAMS network 
design and siting requirements, set forth at 40 CFR part 58, appendices 
D and E, and have been monitoring for PM-10 since before1995.
    The air quality data in AIRS for these monitors show that, for the 
three-year period from 1995 though 1997, there were no violations of 
the annual PM-10 standard. The highest annual arithmetic average 
measured during this three-year period was 32 <greek-m>g/m\3\ at the 
Crown Zellerbach monitoring site in 1995 and 1996. Based on this 
information, EPA has determined that the area attained the annual PM-10 
standard as of the extended attainment date of December 31, 1997. A 
review of air quality data in AIRS for 1998 through 2000 also confirms 
that there have been no violations of the annual PM-10 standard 
subsequent to the attainment date.
    With respect to the 24-hour PM-10 standard, a review of the air 
quality data in AIRS for the three-year period from 1995 through 1997 
shows that there was one recorded exceedence of the 24-hour PM-10 
standard in the Spokane PM-10 nonattainment area: a concentration of 
186 <greek-m>g/m\3\ reported at the Crown Zellerbach site on August 30, 
1996, which the State has claimed as attributable to a high wind 
``natural event.'' The next highest 24-hour PM-10 concentration 
measured during this time period was 124 <greek-m>g/m\3\ at the Crown 
Zellerbach site on February 12, 1996.
    Under section 107(d)(4)(B)(ii) of the CAA and 40 CFR part 50, 
appendix K,

[[Page 27057]]

section 2.4, specific exceedences due to uncontrollable natural events, 
such as unusually high winds, may be discounted or excluded entirely 
from decisions regarding an area's air quality status in appropriate 
circumstances. See Memorandum from EPA's Assistant Administrator for 
Air and Radiation to EPA Regional Air Directors entitled ``Areas 
Affected by Natural Events,'' dated May 30, 1996 (EPA's Natural Events 
Policy). Under the policy, where a State believes natural events have 
caused a violation of the NAAQS, the State enters the exceedence in the 
AIRS data base, flags the exceedence as being attributable to a natural 
event, documents a clear causal relationship between the measured 
exceedence and the natural event, and develops a natural events action 
plan (NEAP) to address future natural events. In the case of high-wind 
events where the sources of dust are anthropogenic, the State should 
also document that Best Available Control Measures (BACM) were required 
for those sources and that sources were in compliance with BACM at the 
time-of the high-wind event. EPA's Natural Events Policy also contains 
guidance for notifying the public of the occurrence of natural events 
and the health effects of such events, as well as minimizing public 
exposure to high concentrations of PM-10 due to natural events.
    As discussed above, the State of Washington flagged the August 30, 
1996, exceedence in the AIRS data base as an exceedence caused by high 
winds under EPA's Natural Events Policy EPA has concurred with that 
determination. Therefore, EPA has excluded this exceedence from 
consideration in determining whether the Spokane PM-10 nonattainment 
area attained the 24-hour. As a result, the expected number of days 
over the 24-hour standard for 1996 is 0.0 and, when averaged over the 
three-year period from 1995 through 1997, the three-year expected 
exceedence rate is also 0.0. EPA has therefore determined that the 
Spokane PM-10 nonattainment area attained the 24-hour PM-10 standard as 
of the extended attainment date of December 31, 1997.
    Even if the August 30, 1996, exceedence was not excluded in 
determining the attainment status of the Spokane area, the data would 
still show attainment of the 24-hour PM-10 standard. Accounting for the 
sampling schedule and missing data, the expected number of days over 
the standard for 1996 would be 1.03 if the August 30, 1996, exceedence 
was not excluded. When averaged over the three-year period from 1995 
through 1997, during which time no other exceedences were recorded in 
the Spokane area, the three-year expected exceedence rate is 0.34 days. 
This value is less than the expected exceedence rate for the 24-hour 
PM-10 standard of 1.0 that would represent a violation of the standard.
    A review of air quality data in AIRS for 1998 through 2000 shows 
that there was one reported exceedence of the 24-hour standard during 
this time: 343 <greek-m>g/m\3\ on September 25, 1999, at the Crown 
Zellerbach monitor. The State has also flagged this exceedence in the 
AIRS data base as an exceedence caused by high winds under EPA's 
Natural Events Policy. EPA is still reviewing the documentation 
submitted to support the State's flagging of the September 25, 1999, 
exceedence as attributable to uncontrollable natural event. Once EPA 
has completed its review, EPA will notify the State regarding whether 
EPA will confirm the flagging of the exceedence as due to natural 
events. Even if the September 25, 1999, is exceedence is considered in 
determining the attainment status of the Spokane area, however, the 
data still show attainment of the 24-hour PM-10 standard as of the end 
of 2000. Accounting for the sampling schedule and missing data, the 
expected number of days over the 24-hour standard for 1999 is 1.04. 
When averaged over a three-year period, during which no other 
exceedences were recorded, the three-year expected exceedence rate is 
0.35. This value is less than the expected exceedence rate for the 24-
hour PM-10 standard of 1.0 that would represent a violation of the 
standard.
    In summary, EPA proposes to find that the Spokane PM-10 
nonattainment area attained the PM-10 NAAQS as of the extended 
attainment date of December 31, 1997. If we finalize this proposal, 
consistent with CAA section 188, the area will remain a moderate PM-10 
nonattainment area and will avoid the additional planning requirements 
that apply to serious PM-10 nonattainment areas. This proposed finding 
of attainment should not be confused with a redesignation to attainment 
under CAA section 107(d). Washington has not submitted a maintenance 
plan as required under section 175(A) of the CAA or met the other CAA 
requirements for redesignations to attainment. The designation status 
in 40 CFR part 81 will remain moderate nonattainment for the Spokane 
PM-10 nonattainment area until such time as Washington meets the CAA 
requirements for redesignations to attainment.
    We are soliciting public comments on EPA's proposal to find that 
the Spokane PM-10 nonattainment area has attained the PM-10 NAAQS as of 
the December 31, 1997, attainment date. These comments will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking process by submitting written 
comments to the EPA Regional office listed in the ADDRESSES section of 
this document.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This proposed action merely makes a determination based on air 
quality data and does not impose any requirements. Accordingly, the 
Administrator certifies that this proposed rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this proposed rule does not impose any enforceable duty, it 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). This proposed rule also does not have a substantial 
direct effect on one or more Indian tribes, on the relationship between 
the Federal Government and Indian tribes, or the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
nor will it have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999), because it merely makes a determination based on air quality 
data and does not alter the relationship or the distribution of power 
and responsibilities established in the Clean Air Act. This proposed 
rule also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant.
    The requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
As required by section 3 of Executive Order 12988 (61 FR 4729, February 
7, 1996), in issuing this proposed rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct. 
EPA

[[Page 27058]]

has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of the rule in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings' issued under the executive 
order. This proposed rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: April 30, 2001.
Charles E. Findley,
Acting Regional Administrator, Region 10.
[FR Doc. 01-12357 Filed 5-15-01; 8:45 am]
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