[Federal Register Volume 75, Number 201 (Tuesday, October 19, 2010)]
[Rules and Regulations]
[Pages 64162-64165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26258]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Docket EPA-R10-OAR-2010-0433; FRL-9214-7]


Determination of Attainment for PM10: Eagle River PM10 
Nonattainment Area, AK

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA has determined that the Eagle River nonattainment area in 
Alaska 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 (PM<INF>10</INF>) as of December 31, 1994.

DATES: This rule is effective on December 20, 2010, without further 
notice, unless EPA receives adverse comment by November 18, 2010. 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-R10-
OAR-2010-0433, by any of the following methods:
    <bullet> http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#493f283c392c25672a25283c2d2028092c3928672e263f"><span class="__cf_email__" data-cfemail="afd9cedadfcac381ccc3cedacbc6ceefcadfce81c8c0d9">[email protected]</span></a>.
    <bullet> Mail: Claudia Vergnani Vaupel, EPA Region 10, Office of 
Air, Waste and Toxics, AWT-107, 1200 Sixth Avenue, Suite 900, Seattle, 
WA 98101.
    <bullet> Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle, WA 98101. Attention: Claudia Vergnani Vaupel, 
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-R10-OAR-
2010-0433. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
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 http://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. If EPA cannot read your comment due to 
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 http://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 http://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: <a href="/cdn-cgi/l/email-protection#dbadbaaeabbeb7f5b8b7baaebfb2ba9bbeabbaf5bcb4ad"><span class="__cf_email__" data-cfemail="5224332722373e7c313e3327363b33123722337c353d24">[email protected]</span></a>, 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 Comments

I. Background
    A. PM\10\ Standard
    B. The Eagle River PM<INF>10</INF> Nonattainment Area
    C. Attainment Date for the Eagle River PM\10\ Nonattainment Area
    D. PM\10\ Planning in the Eagle River PM<INF>10</INF> 
Nonattainment Area
II. Attainment Determination
    A. What are the requirements for attainment determinations?
    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. PM10 Standard

    The NAAQS are levels for certain ambient air pollutants set by EPA 
to protect public health and welfare. PM<INF>10</INF>, 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 PM<INF>10</INF>: A 24-hour 
standard of 150 micrograms per cubic meter ([mu]g/m\3\) and an annual 
PM<INF>10</INF> standard of 50 [mu]g/m\3\. EPA also promulgated 
secondary PM<INF>10</INF> standards that were identical to the primary 
standards.
    Effective December 18, 2006, EPA revoked the annual PM<INF>10</INF> 
standard but retained the 24-hour PM<INF>10</INF> standard. 71 FR 61144 
(October 17, 2006). The 24-hour PM<INF>10</INF> standard is attained 
when the expected number of days per calendar year with a 24-hour 
concentration above 154 [mu]g/m\3\, as determined in accordance with 40 
CFR part 50, appendix K, is equal to or less than one.\1\ 40 CFR 50.6 
and 40 CFR part 50, appendix K.
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    \1\ An exceedance is defined as a daily value that is above the 
level of the 24-hour standard (150 [mu]g/m\3\) after rounding to the 
nearest 10 [mu]g/m\3\ (i.e. values ending in 5 or greater are to be 
rounded up). Thus, a recorded value of 154 [mu]g/m\3\ would not be 
an exceedance since it would be rounded to 150[mu]/m\3\ whereas a 
recorded value of 155 [mu]g/m\3\ would be an exceedance since it 
would be rounded to 160 [mu]/m\3\. See 40 CFR part 50, appendix K, 
section 1.0.

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[[Page 64163]]

B. The Eagle River PM10 Nonattainment Area

    On August 7, 1987 (52 FR 29383), EPA identified a number of areas 
across the country as PM<INF>10</INF> ``Group I'' areas of concern, 
that is, areas with a 95% or greater likelihood of violating the 
PM<INF>10</INF> NAAQS and requiring substantial planning efforts. The 
Eagle River PM<INF>10</INF> nonattainment area was identified as a 
Group I area of concern.
    Areas meeting the requirements of section 107(d)(4)(B) were 
designated nonattainment for PM<INF>10</INF> 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<INF>10</INF> 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 PM<INF>10</INF> 
prior to January 1, 1989. A Federal Register notice announcing the 
areas designated nonattainment for PM<INF>10</INF> upon enactment of 
the 1990 Clean Air Act Amendments, known as ``initial'' PM<INF>10</INF> 
nonattainment areas, was published on March 15, 1991 (56 FR 11101). The 
Eagle River PM<INF>10</INF> nonattainment area was one of these initial 
moderate PM<INF>10</INF> nonattainment areas.

C. Attainment Date for the Eagle River PM10 Nonattainment Area

    All initial moderate PM<INF>10</INF> nonattainment areas had the 
same applicable attainment date of December 31, 1994. States containing 
initial moderate PM<INF>10</INF> 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 
technology (RACT), and a demonstration of whether attainment of the 
PM<INF>10</INF> NAAQS by the December 31, 1994, attainment date was 
practicable. See section 189(a).

D. PM10 Planning in the Eagle River PM10 Nonattainment Area

    After the Eagle River PM<INF>10</INF> nonattainment area was 
designated nonattainment for PM<INF>10</INF>, the Alaska Department of 
Environmental Conservation (ADEC) 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 ADEC, developed and implemented control measures on 
PM<INF>10</INF> sources in the Eagle River PM<INF>10</INF> 
nonattainment area. The State submitted these control measures to EPA 
on October 15, 1991, as a moderate PM<INF>10</INF> 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 PM<INF>10</INF> SIP on August 
13, 1993. See 58 FR 43084.

II. Attainment Determination

A. What are the requirements for attainment determinations?

    Generally, EPA determines whether an area's air quality is meeting 
the PM<INF>10</INF> 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 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 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.
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    \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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    Attainment of the 24-hour PM<INF>10</INF> 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 [mu]g/m\3\, 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 PM<INF>10</INF> 
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 PM<INF>10</INF> 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 PM<INF>10</INF> 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 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 PM<INF>10</INF> 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 if it 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 PM<INF>10</INF> 
standard during calendar years 1992-1994, the expected PM<INF>10</INF> 
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 PM<INF>10</INF>

[[Page 64164]]

NAAQS as of the attainment date of December 31, 1994.
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    \3\ To meet data completeness criteria, missing data in the 
first quarter of 1994 was substituted according to EPA guidance. See 
``PM<INF>10</INF> SIP Development Guideline'' (EPA-450/2-86-001, 
June 1987), ``Guideline on Exceptions to Data Requirements for 
Determining Attainment of Particulate Matter Standards'' (EPA-450 4-
87-005, April 1987), and the data completeness discussion in the 
Memorandum from Chris Hall entitled ``Eagle River PM<INF>10</INF> 
Attainment Determination,'' (October 5, 2010).
    \4\``Guideline on the Identification and Handling of Ambient Air 
Quality Data Affected by Special Events or Special Conditions'' 
(EPA-454/D-94-001, 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 PM<INF>10</INF> 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 PM<INF>10</INF> 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.\5\ 
Even so, we can evaluate whether the data from this monitor show that 
the Eagle River PM<INF>10</INF> nonattainment area failed to attain for 
the 1992-1994 period. Although the Baronoff site recorded three 
exceedances of the 24-hour PM<INF>10</INF> 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 of the 24-hour 
PM<INF>10</INF> standard at the Baronoff site from May 27, 1992 through 
December 31, 1994 (nor through October 1, 1996, when the monitor ceased 
operation). We therefore conclude that data from the Baronoff site does 
not show the Eagle River PM<INF>10</INF> nonattainment area failed to 
attain the PM<INF>10</INF> standard by the December 31, 1994, 
attainment date.\6\
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    \5\ Because data for the 1st quarter 1992 was less than 50% 
complete, the substitution guidance used for the Parkgate site was 
not used for this site.
    \6\ Based on the available data, the site does not show a 
violation of the 24-hour PM<INF>10</INF> NAAQS. See 40 CFR part 50, 
appendix K, section 2.3(c).
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C. What does more recent air quality data show?

    Although the attainment date for the Eagle River PM<INF>10</INF> 
nonattainment area is December 31, 1994, and the air quality data used 
to determine attainment 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 if it 
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 PM<INF>10</INF> NAAQS, EPA will publish such 
determination in the Federal Register.
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    \7\ Note that ADEC has recently advised EPA of an exceedance 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 
PM<INF>10</INF> 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 PM<INF>10</INF> NAAQS. Because complete 
quality-assured data for this period show an expected exceedance rate 
equal to or below the PM<INF>10</INF> standard, EPA concludes that the 
area has met the standard. EPA therefore determines that the Eagle 
River nonattainment area has attained the 24-hour PM<INF>10</INF> 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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 Clean Air Act; and
    <bullet> 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 the 
SIP is not approved to apply in Indian country 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 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 it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

[[Page 64165]]

    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 December 20, 2010. 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.

    Dated: October 7, 2010.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2010-26258 Filed 10-18-10; 8:45 am]
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