Determination of Attainment for PM10, 5280-5284 [2011-2121]
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Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Rules and Regulations
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(359)(i)(C)(3),
(363)(i)(B)(2), (366)(i)(C) and (377)(i)(C)
to read as follows:
■
§ 52.220
Identification of plan.
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(c) * * *
(359) * * *
(i) * * *
(C) * * *
(3) Rule 215, ‘‘Transfer of Gasoline
Into Trucks, Trailers, and Railroad Tank
Cars at Loading Facilities,’’ adopted on
June 19, 1997.
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(363) * * *
(i) * * *
(B) * * *
(2) Rule 316, ‘‘Storage and Transfer of
Gasoline,’’ adopted on January 15, 2009.
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(366) * * *
(i) * * *
(C) Antelope Valley Air Quality
Management District.
(1) Rule 461, ‘‘Gasoline Transfer and
Dispensing,’’ adopted on October 21,
2008.
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(377) * * *
(i) * * *
(C) Ventura County Air Pollution
Control District.
(1) Rule 70, ‘‘Storage and Transfer of
Gasoline,’’ adopted on March
10, 2009.
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[FR Doc. 2011–1926 Filed 1–28–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R08–OAR–2010–0749; FRL–9260–6]
Determination of Attainment for PM10;
Columbia Falls and Libby
Nonattainment Areas, Montana
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
EPA has determined that the
Columbia Falls and Libby
nonattainment areas in Montana
attained the National Ambient Air
SUMMARY:
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Quality Standard (NAAQS) for
particulate matter with an aerodynamic
diameter of less than or equal to a
nominal ten micrometers (PM10) as of
December 31, 1994.
DATES: This rule is effective on April 1,
2011 without further notice, unless EPA
receives adverse comments by March 2,
2011. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2010–0749, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: freeman.crystal@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Callie Videtich, Director, Air
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
• Hand Delivery: Callie Videtich,
Director, Air Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. Such
deliveries are only accepted Monday
through Friday, 8 a.m. to 4:30 p.m.,
excluding Federal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2010–
0749. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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
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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. For additional instructions on
submitting comments, go to Section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the https://
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,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Crystal Freeman, U.S. Environmental
Protection Agency, Region 8, Air
Program, Mail Code 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6602,
freeman.crystal@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Background
A. PM10 Standard
B. Columbia Falls PM10 Nonattainment
Area
i. Attainment Date for the Columbia Falls
PM10 Nonattainment Area
ii. PM10 Planning in the Columbia Falls
PM10 Nonattainment Area
C. Libby PM10 Nonattainment Area
i. Attainment Date for the Libby PM10
Nonattainment Area
ii. PM10 Planning in the Libby PM10
Nonattainment Area
III. Attainment Determination
A. What are the requirements for an
attainment determination?
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B. What do the air quality data show for
the Columbia Falls PM10 nonattainment
area?
C. What do the air quality data show for
the Libby PM10 nonattainment area?
IV. EPA’s Final Action
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or Montana
mean the State of Montana, unless the
context indicates otherwise.
I. General Information
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A. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
regulations.gov or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information placed on a disk or CD–
ROM that you mail to EPA, mark the
outside of the disk or CD–ROM as CBI
and then identify electronically within
the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
a. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
b. Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
c. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
d. Describe any assumptions and
provide any technical information and/
or data that you used.
e. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
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f. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
g. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
h. Make sure to submit your
comments by the comment period
deadline identified.
II. Background
A. PM10 Standard
The NAAQS are levels for certain
ambient air pollutants set by EPA to
protect public health and welfare. PM10,
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 PM10: A 24-hour standard
of 150 micrograms per cubic meter (μg/
m3) and an annual PM10 standard of 50
μg/m3. EPA also promulgated secondary
PM10 standards that were identical to
the primary standards.
Effective December 18, 2006, EPA
revoked the annual PM10 standard but
retained the 24-hour PM10 standard.1 71
FR 61144 (October 17, 2006). The 24hour PM10 standard is attained when the
expected number of days per calendar
year with a 24-hour concentration above
154 μg/m3, as determined in accordance
with 40 CFR part 50, appendix K, is
equal to or less than one.2 40 CFR 50.6
and 40 CFR part 50, appendix K.
The EPA also promulgated policies
and regulations by which it will
implement the PM10 NAAQS (52 FR
24672). In accordance with these
policies, EPA has categorized areas of
the Nation into three groups based on
the likelihood that the existing SIP must
be revised to protect the PM10 NAAQS.
Areas with a strong likelihood of
violating the PM10 NAAQS and
requiring substantial SIP revisions were
placed in Group I; areas where
attainment of the PM10 NAAQS is
uncertain and the SIP may require only
slight adjustment were placed in Group
II; and areas with a strong likelihood of
1 Because the annual PM
10 standard was revoked
effective December 18, 2006, see 71 FR 61144
(October 17, 2006), this document discusses only
attainment of the 24-hour PM10 standard. Columbia
Falls and Libby PM10 nonattainment areas were in
attainment of the revoked annual PM10 standard.
2 An exceedance is defined as a daily value that
is above the level of the 24-hour standard (150 μg/
m3) after rounding to the nearest 10 μg/m3 (i.e.
values ending in 5 or greater are to be rounded up).
Thus, a recorded value of 154 μg/m3 would not be
an exceedance since it would be rounded to 150 μg/
m3 whereas a recorded value of 155 μg/m3 would
be an exceedance since it would be rounded to 160
μg/m3. See 40 CFR part 50, appendix K, section 1.0.
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attaining the PM10 NAAQS, and
therefore probably having an adequate
control strategy, were placed in Group
III.3 By this notice, EPA is identifying
the Group I and Group II areas in
Montana that reached attainment.
B. Columbia Falls PM10 Nonattainment
Area
On August 7, 1987 (52 FR 29383),
EPA identified a number of areas across
the country as PM10 ‘‘Group II’’ areas of
concern, that is, areas between 20% and
95% likelihood of violating the PM10
NAAQS. The Columbia Falls PM10
nonattainment area was identified as a
Group II area of concern.
Areas meeting the requirements of
section 107(d)(4)(B) were designated
nonattainment for PM10 by operation of
law and classified ‘‘moderate’’ upon
enactment of the 1990 Clean Air Act
Amendments. 42 U.S.C. 7407(d)(4)(B).
These areas included all former Group
II PM10 planning areas identified on
August 7, 1987 (52 FR 29383), and other
areas violating the NAAQS for PM10
prior to January 1, 1989. On October 31,
1990 (55 FR 45799), EPA further
clarified the descriptions of Group I and
Group II areas of concern listed in the
August 7, 1987 (52 FR 29383) notice. A
Federal Register notice announcing the
areas designated nonattainment for
PM10 upon enactment of the 1990 Clean
Air Act Amendments, known as ‘‘initial’’
PM10 nonattainment areas, was
published on March 15, 1991 (56 FR
11101). The Columbia Falls PM10
nonattainment area was one of these
initial moderate PM10 nonattainment
areas.
i. Attainment Date for the Columbia
Falls PM10 Nonattainment Area
All initial moderate PM10
nonattainment areas had the same
applicable attainment date of December
31, 1994. States containing initial
moderate PM10 nonattainment areas
were required to develop and submit to
EPA by November 15, 1991, a SIP
revision providing for implementation
of reasonably available control measures
(RACM), including reasonably available
control technology (RACT), and a
demonstration of whether attainment of
3 The EPA used a three-step process to categorize
areas into Groups I, II, and III. First, where only
ambient TSP data or limited amounts of PM10 data
were available, EPA in cooperation with State
agencies used those data and the probability
guideline to classify areas preliminarily as Group I,
II, or III. The EPA presumed that, at a minimum,
the (1) areas with a probability of not attaining the
PM10 standard of at least 95 percent fit into Group
I; (2) areas with a probability of between 20 and 95
percent fit into Group II; and (3) areas with a
probability of less than 20 percent fit into Group III.
52 FR 29383, 29384 (August 7, 1987).
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the PM10 NAAQS by the December 31,
1994 attainment date was practicable.
See section 189(a).
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ii. PM10 Planning in the Columbia Falls
PM10 Nonattainment Area
After the Columbia Falls PM10
nonattainment area was designated
nonattainment for PM10, the Montana
Board of Health and Environmental
Sciences (MBHES) 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 elements, MBHES developed
and implemented control measures on
PM10 sources in the Columbia Falls
PM10 nonattainment area. The Columbia
Falls PM10 SIP was originally adopted
by the MBHES on January 24, 1992, and
submitted to EPA on May 6, 1992.
Deficiencies were identified by EPA and
the final technical corrections were
submitted to EPA on June 15, 1993. EPA
approved the Columbia Falls PM10 SIP
on April 14, 1994, with technical
corrections dated June 15, 1993 (59 FR
17700). The State failed to submit the
contingency measures by the November
15, 1993, due date. On January 19, 1994,
EPA made a finding that the State failed
to submit the contingency measures. In
response to this finding the Governor of
Montana submitted revisions to the SIP
for Columbia Falls dated August 26,
1994, to address the contingency
measures and EPA approved the
revisions on March 19, 1996 (61 FR
11153).
C. The Libby PM10 Nonattainment Area
On August 7, 1987 (52 FR 29383),
EPA identified a number of areas across
the country as PM10 ‘‘Group I’’ areas of
concern, that is, areas with a 95% or
greater likelihood of violating the PM10
NAAQS and requiring substantial
planning efforts. The Libby PM10
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 PM10 by operation of
law and classified ‘‘moderate’’ upon
enactment of the 1990 Clean Air Act
Amendments. See 42 U.S.C.
7407(d)(4)(B). These areas included all
former Group I PM10 planning areas
identified on August 7, 1987 (52 FR
29383), and other areas violating the
NAAQS for PM10 prior to January 1,
1989. On October 31, 1990 (55 FR
45799), EPA further clarified the
descriptions of Group I and Group II
areas of concern listed in the August 7,
1987 (52 FR 29383) notice. A Federal
Register notice announcing the areas
designated nonattainment for PM10
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upon enactment of the 1990 Clean Air
Act Amendments, known as ‘‘initial’’
PM10 nonattainment areas, was
published on March 15, 1991 (56 FR
11101). The Libby PM10 nonattainment
area was one of these initial moderate
PM10 nonattainment areas.
i. Attainment Date for the Libby PM10
Nonattainment Area
All initial moderate PM10
nonattainment areas had the same
applicable attainment date of December
31, 1994. States containing initial
moderate PM10 nonattainment areas
were required to develop and submit to
EPA by November 15, 1991, a SIP
revision providing implementation of
RACM, including RACT, and a
demonstration of whether attainment of
the PM10 NAAQS by the December 31,
1994 attainment date was practicable.
See section 189(a).
ii. PM10 Planning in the Libby PM10
Nonattainment Area
After the Libby PM10 nonattainment
area was designated nonattainment for
PM10, the MBHES 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 elements, MBHES developed
and implemented control measures on
PM10 sources in the Libby PM10
nonattainment area. The Libby PM10 SIP
was originally adopted by the MBHES
on November 15, 1991, and submitted to
EPA on November 25, 1991.
Deficiencies were identified by EPA and
revisions were adopted by MBHES on
March 19, 1993, and submitted to EPA
on May 24, 1993. Final technical
corrections to the SIP were sent to EPA
on June 3, 1994. EPA approved the
Libby PM10 SIP, with the exception of
the contingency measures, on August
30, 1994 (59 FR 44627). The Governor
of Montana submitted revisions to the
contingency measures on March 15,
1995 and EPA approved the
contingency measures on September 30,
1996 (61 FR 51014).
III. Attainment Determination
A. What are the requirements for an
attainment determination?
Generally, EPA determines whether
an area’s air quality is meeting the PM10
NAAQS based upon complete, qualityassured data gathered at established
state and local air monitoring stations
(SLAMS) and national air monitoring
stations (NAMS) in the nonattainment
areas and entered in the EPA Air
Quality System (AQS). Data from air
monitors operated by state/local/tribal
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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; and 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); 4
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 PM10
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 μg/
m3 is less than or equal to one.
Generally, three consecutive years of air
quality data are required to show
attainment of the 24-hour PM10
standard.
B. What do the air quality data show for
the Columbia Falls PM10 nonattainment
Area?
Because the Columbia Falls PM10
nonattainment area had 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 Montana operated one PM10
SLAMS monitoring site at the Columbia
Falls Junior High School, which is
within the Columbia Falls
nonattainment area. The monitoring site
met EPA SLAMS network design and
siting requirements set forth at 40 CFR
part 58, appendices D and E. The
Columbia Falls Junior High School
monitor began operation on April 21,
1987 and ceased operation on December
28, 2002.
Our review of complete qualityassured air quality data from the
Columbia Falls Junior High School site
for the period from January 1, 1992
through December 31, 1994, shows no
data values exceeded the level of the 24hour standard. Because there were no
recorded exceedances of the 24-hour
4 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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PM10 standard during calendar years
1992–1994, the estimated number of
PM10 exceedances for the 1992–1994
period is 0.0, as seen in Figure 1.
Therefore, the Columbia Falls
nonattainment area has demonstrated
attainment for the 24-hour PM10
NAAQS as of the attainment date of
December 31, 1994. Additionally, we
evaluated complete quality-assured air
quality data at all monitors within the
Columbia Falls PM10 nonattainment
area after the attainment date of
December 31, 1994 to 2009 and found
no recorded exceedances.
FIGURE 1—NUMBER OF ESTIMATED PM10 EXCEEDANCES IN COLUMBIA FALLS NONATTAINMENT AREA
Columbia Falls
Junior High School
Corner of C St
& 4th Ave
30–029–0003–2
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
Corner of C St
& 4th Ave
30–029–0007–1
30–029–0007–2
0
0
0
0
0
0
0
0
0
0
0
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0
0
0
0
0
0
0
0
0
*
*
*
*
*
*
*
*
*
*
*
*
*
0
0
0
0
0
.........................................................................................................
.........................................................................................................
.........................................................................................................
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*No Data Collected.
C. What do the air quality data show for
the Libby PM10 nonattainment area?
Because the Libby PM10
nonattainment area had 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 Montana operated two PM10
SLAMS monitoring sites within the
Libby nonattainment area: the Lincoln
County Courthouse site and the Libby
Courthouse Annex site. Both monitoring
sites met EPA SLAMS network design
and siting requirements set forth at 40
CFR part 58, appendices D and E. The
Lincoln County Courthouse monitor
began operation on April 21, 1987 and
ceased operation on March 31, 1995.
The Libby Courthouse Annex monitor
began operating on October 8, 1993 and
continues to operate.
Our review of complete qualityassured air quality data from the
Lincoln County Courthouse site and the
Libby Courthouse Annex site for the
period from January 1, 1992 through
December 31, 1994, shows no data
values exceeded the level of the 24-hour
standard. Because there were no
recorded exceedances of the 24-hour
PM10 standard during calendar years
1992–1994, the estimated number of
PM10 exceedances for the 1992–1994
period is 0.0, as seen in Figure 2.
Therefore, the Libby nonattainment area
has demonstrated attainment for the 24hour PM10 NAAQS as of the attainment
date of December 31, 1994.
Additionally, we evaluated complete
quality-assured air quality data at all
monitors within the Libby PM10
nonattainment area after the attainment
date of December 31, 1994 to 2009 and
found no recorded exceedances.
FIGURE 2—NUMBER OF ESTIMATED PM10 EXCEEDANCE IN LIBBY PM10 NONATTAINMENT AREA
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
Libby Courthouse
Annex
Libby Courthouse
Annex
30–053–0012–2
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Lincoln
Courthouse
30–053–0018–1
30–053–0018–2
0
0
0
0
*
*
*
*
*
*
*
*
*
*
*
*
*
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
*
*
*
*
*
*
*
*
*
*
0
0
0
0
0
0
.........................................................................................................
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FIGURE 2—NUMBER OF ESTIMATED PM10 EXCEEDANCE IN LIBBY PM10 NONATTAINMENT AREA—Continued
Lincoln
Courthouse
Libby Courthouse
Annex
Libby Courthouse
Annex
30–053–0012–2
30–053–0018–1
30–053–0018–2
*
*
0
0
0
*
2008 .........................................................................................................
2009 .........................................................................................................
*No Data Collected
IV. EPA’s Final Action
EPA is determining that the Columbia
Falls and Libby areas have attained the
PM10 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 for both areas
is 0.0, which is equal to or less than the
expected exceedance rate of 1.0 (40 CFR
part 50, appendix K). Because complete
quality-assured data for this period
shows an expected exceedance rate
equal to or below the PM10 standard,
EPA concludes that the areas have met
the standard. Pursuant to CAA § 188(c),
EPA is required to make a determination
of attainment. There were no violations
and therefore no health risk. EPA
therefore determines that the Columbia
Falls and Libby nonattainment areas
have attained the 24-hour PM10 NAAQS
as of the December 31, 1994 attainment
date.
jdjones on DSK8KYBLC1PROD with RULES
V. Statutory and Executive Order
Review
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);
• 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.);
VerDate Mar<15>2010
14:33 Jan 28, 2011
Jkt 223001
• 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);
• 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
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
• 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.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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 of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 1, 2011.
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: January 20, 2011.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2011–2121 Filed 1–28–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2011–0002; Internal
Agency Docket No. FEMA–8167]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
AGENCY:
E:\FR\FM\31JAR1.SGM
31JAR1
]]>Agencies
[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Rules and Regulations]
[Pages 5280-5284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2121]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R08-OAR-2010-0749; FRL-9260-6]
Determination of Attainment for PM10; Columbia Falls
and Libby Nonattainment Areas, Montana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA has determined that the Columbia Falls and Libby
nonattainment areas in Montana 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
(PM10) as of December 31, 1994.
DATES: This rule is effective on April 1, 2011 without further notice,
unless EPA receives adverse comments by March 2, 2011. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2010-0749, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: freeman.crystal@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Callie Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.
Hand Delivery: Callie Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2010-0749. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or e-mail. The https://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 https://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. For additional instructions on submitting
comments, go to Section I. General Information of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: All documents in the docket are listed in the https://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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at https://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Crystal Freeman, U.S. Environmental
Protection Agency, Region 8, Air Program, Mail Code 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129, (303) 312-6602,
freeman.crystal@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Background
A. PM10 Standard
B. Columbia Falls PM10 Nonattainment Area
i. Attainment Date for the Columbia Falls PM10
Nonattainment Area
ii. PM10 Planning in the Columbia Falls
PM10 Nonattainment Area
C. Libby PM10 Nonattainment Area
i. Attainment Date for the Libby PM10 Nonattainment
Area
ii. PM10 Planning in the Libby PM10
Nonattainment Area
III. Attainment Determination
A. What are the requirements for an attainment determination?
[[Page 5281]]
B. What do the air quality data show for the Columbia Falls
PM10 nonattainment area?
C. What do the air quality data show for the Libby
PM10 nonattainment area?
IV. EPA's Final Action
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State or Montana mean the State of Montana, unless
the context indicates otherwise.
I. General Information
A. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information placed on a
disk or CD-ROM that you mail to EPA, mark the outside of the disk or
CD-ROM as CBI and then identify electronically within the disk or CD-
ROM the specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.
II. Background
A. PM10 Standard
The NAAQS are levels for certain ambient air pollutants set by EPA
to protect public health and welfare. PM10, 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 PM10: A 24-hour
standard of 150 micrograms per cubic meter ([mu]g/m\3\) and an annual
PM10 standard of 50 [mu]g/m\3\. EPA also promulgated
secondary PM10 standards that were identical to the primary
standards.
Effective December 18, 2006, EPA revoked the annual PM10
standard but retained the 24-hour PM10 standard.\1\ 71 FR
61144 (October 17, 2006). The 24-hour PM10 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.\2\ 40
CFR 50.6 and 40 CFR part 50, appendix K.
---------------------------------------------------------------------------
\1\ Because the annual PM10 standard was revoked
effective December 18, 2006, see 71 FR 61144 (October 17, 2006),
this document discusses only attainment of the 24-hour
PM10 standard. Columbia Falls and Libby PM10
nonattainment areas were in attainment of the revoked annual
PM10 standard.
\2\ 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]g/m\3\ whereas a
recorded value of 155 [mu]g/m\3\ would be an exceedance since it
would be rounded to 160 [mu]g/m\3\. See 40 CFR part 50, appendix K,
section 1.0.
---------------------------------------------------------------------------
The EPA also promulgated policies and regulations by which it will
implement the PM10 NAAQS (52 FR 24672). In accordance with
these policies, EPA has categorized areas of the Nation into three
groups based on the likelihood that the existing SIP must be revised to
protect the PM10 NAAQS. Areas with a strong likelihood of
violating the PM10 NAAQS and requiring substantial SIP
revisions were placed in Group I; areas where attainment of the
PM10 NAAQS is uncertain and the SIP may require only slight
adjustment were placed in Group II; and areas with a strong likelihood
of attaining the PM10 NAAQS, and therefore probably having
an adequate control strategy, were placed in Group III.\3\ By this
notice, EPA is identifying the Group I and Group II areas in Montana
that reached attainment.
---------------------------------------------------------------------------
\3\ The EPA used a three-step process to categorize areas into
Groups I, II, and III. First, where only ambient TSP data or limited
amounts of PM10 data were available, EPA in cooperation
with State agencies used those data and the probability guideline to
classify areas preliminarily as Group I, II, or III. The EPA
presumed that, at a minimum, the (1) areas with a probability of not
attaining the PM10 standard of at least 95 percent fit
into Group I; (2) areas with a probability of between 20 and 95
percent fit into Group II; and (3) areas with a probability of less
than 20 percent fit into Group III. 52 FR 29383, 29384 (August 7,
1987).
---------------------------------------------------------------------------
B. Columbia Falls PM10 Nonattainment Area
On August 7, 1987 (52 FR 29383), EPA identified a number of areas
across the country as PM10 ``Group II'' areas of concern,
that is, areas between 20% and 95% likelihood of violating the
PM10 NAAQS. The Columbia Falls PM10 nonattainment
area was identified as a Group II area of concern.
Areas meeting the requirements of section 107(d)(4)(B) were
designated nonattainment for PM10 by operation of law and
classified ``moderate'' upon enactment of the 1990 Clean Air Act
Amendments. 42 U.S.C. 7407(d)(4)(B). These areas included all former
Group II PM10 planning areas identified on August 7, 1987
(52 FR 29383), and other areas violating the NAAQS for PM10
prior to January 1, 1989. On October 31, 1990 (55 FR 45799), EPA
further clarified the descriptions of Group I and Group II areas of
concern listed in the August 7, 1987 (52 FR 29383) notice. A Federal
Register notice announcing the areas designated nonattainment for
PM10 upon enactment of the 1990 Clean Air Act Amendments,
known as ``initial'' PM10 nonattainment areas, was published
on March 15, 1991 (56 FR 11101). The Columbia Falls PM10
nonattainment area was one of these initial moderate PM10
nonattainment areas.
i. Attainment Date for the Columbia Falls PM10 Nonattainment
Area
All initial moderate PM10 nonattainment areas had the
same applicable attainment date of December 31, 1994. States containing
initial moderate PM10 nonattainment areas were required to
develop and submit to EPA by November 15, 1991, a SIP revision
providing for implementation of reasonably available control measures
(RACM), including reasonably available control technology (RACT), and a
demonstration of whether attainment of
[[Page 5282]]
the PM10 NAAQS by the December 31, 1994 attainment date was
practicable. See section 189(a).
ii. PM10 Planning in the Columbia Falls PM10
Nonattainment Area
After the Columbia Falls PM10 nonattainment area was
designated nonattainment for PM10, the Montana Board of
Health and Environmental Sciences (MBHES) 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 elements, MBHES developed and implemented control
measures on PM10 sources in the Columbia Falls
PM10 nonattainment area. The Columbia Falls PM10
SIP was originally adopted by the MBHES on January 24, 1992, and
submitted to EPA on May 6, 1992. Deficiencies were identified by EPA
and the final technical corrections were submitted to EPA on June 15,
1993. EPA approved the Columbia Falls PM10 SIP on April 14,
1994, with technical corrections dated June 15, 1993 (59 FR 17700). The
State failed to submit the contingency measures by the November 15,
1993, due date. On January 19, 1994, EPA made a finding that the State
failed to submit the contingency measures. In response to this finding
the Governor of Montana submitted revisions to the SIP for Columbia
Falls dated August 26, 1994, to address the contingency measures and
EPA approved the revisions on March 19, 1996 (61 FR 11153).
C. The Libby PM10 Nonattainment Area
On August 7, 1987 (52 FR 29383), EPA identified a number of areas
across the country as PM10 ``Group I'' areas of concern,
that is, areas with a 95% or greater likelihood of violating the
PM10 NAAQS and requiring substantial planning efforts. The
Libby PM10 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 PM10 by operation of law and
classified ``moderate'' upon enactment of the 1990 Clean Air Act
Amendments. See 42 U.S.C. 7407(d)(4)(B). These areas included all
former Group I PM10 planning areas identified on August 7,
1987 (52 FR 29383), and other areas violating the NAAQS for
PM10 prior to January 1, 1989. On October 31, 1990 (55 FR
45799), EPA further clarified the descriptions of Group I and Group II
areas of concern listed in the August 7, 1987 (52 FR 29383) notice. A
Federal Register notice announcing the areas designated nonattainment
for PM10 upon enactment of the 1990 Clean Air Act
Amendments, known as ``initial'' PM10 nonattainment areas,
was published on March 15, 1991 (56 FR 11101). The Libby
PM10 nonattainment area was one of these initial moderate
PM10 nonattainment areas.
i. Attainment Date for the Libby PM10 Nonattainment Area
All initial moderate PM10 nonattainment areas had the
same applicable attainment date of December 31, 1994. States containing
initial moderate PM10 nonattainment areas were required to
develop and submit to EPA by November 15, 1991, a SIP revision
providing implementation of RACM, including RACT, and a demonstration
of whether attainment of the PM10 NAAQS by the December 31,
1994 attainment date was practicable. See section 189(a).
ii. PM10 Planning in the Libby PM10 Nonattainment
Area
After the Libby PM10 nonattainment area was designated
nonattainment for PM10, the MBHES 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 elements, MBHES developed and implemented
control measures on PM10 sources in the Libby
PM10 nonattainment area. The Libby PM10 SIP was
originally adopted by the MBHES on November 15, 1991, and submitted to
EPA on November 25, 1991. Deficiencies were identified by EPA and
revisions were adopted by MBHES on March 19, 1993, and submitted to EPA
on May 24, 1993. Final technical corrections to the SIP were sent to
EPA on June 3, 1994. EPA approved the Libby PM10 SIP, with
the exception of the contingency measures, on August 30, 1994 (59 FR
44627). The Governor of Montana submitted revisions to the contingency
measures on March 15, 1995 and EPA approved the contingency measures on
September 30, 1996 (61 FR 51014).
III. Attainment Determination
A. What are the requirements for an attainment determination?
Generally, EPA determines whether an area's air quality is meeting
the PM10 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 in 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; and 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); \4\ 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.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
Attainment of the 24-hour PM10 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\ is
less than or equal to one. Generally, three consecutive years of air
quality data are required to show attainment of the 24-hour
PM10 standard.
B. What do the air quality data show for the Columbia Falls
PM10 nonattainment Area?
Because the Columbia Falls PM10 nonattainment area had 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
Montana operated one PM10 SLAMS monitoring site at the
Columbia Falls Junior High School, which is within the Columbia Falls
nonattainment area. The monitoring site met EPA SLAMS network design
and siting requirements set forth at 40 CFR part 58, appendices D and
E. The Columbia Falls Junior High School monitor began operation on
April 21, 1987 and ceased operation on December 28, 2002.
Our review of complete quality-assured air quality data from the
Columbia Falls Junior High School site for the period from January 1,
1992 through December 31, 1994, shows no data values exceeded the level
of the 24-hour standard. Because there were no recorded exceedances of
the 24-hour
[[Page 5283]]
PM10 standard during calendar years 1992-1994, the estimated
number of PM10 exceedances for the 1992-1994 period is 0.0,
as seen in Figure 1. Therefore, the Columbia Falls nonattainment area
has demonstrated attainment for the 24-hour PM10 NAAQS as of
the attainment date of December 31, 1994. Additionally, we evaluated
complete quality-assured air quality data at all monitors within the
Columbia Falls PM10 nonattainment area after the attainment
date of December 31, 1994 to 2009 and found no recorded exceedances.
Figure 1--Number of Estimated PM10 Exceedances in Columbia Falls Nonattainment Area
----------------------------------------------------------------------------------------------------------------
Columbia Falls Corner of C St & 4th Corner of C St & 4th
Junior High School Ave Ave
--------------------------------------------------------------------
30-029-0003-2 30-029-0007-1 30-029-0007-2
----------------------------------------------------------------------------------------------------------------
1992....................................... 0 * *
1993....................................... 0 * *
1994....................................... 0 * *
1995....................................... 0 * *
1996....................................... 0 * *
1997....................................... 0 * *
1998....................................... 0 * *
1999....................................... 0 * *
2000....................................... 0 * *
2001....................................... 0 0 *
2002....................................... 0 0 *
2003....................................... * 0 *
2004....................................... * 0 *
2005....................................... * 0 0
2006....................................... * 0 0
2007....................................... * 0 0
2008....................................... * 0 0
2009....................................... * 0 0
----------------------------------------------------------------------------------------------------------------
*No Data Collected.
C. What do the air quality data show for the Libby PM10
nonattainment area?
Because the Libby PM10 nonattainment area had 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 Montana
operated two PM10 SLAMS monitoring sites within the Libby
nonattainment area: the Lincoln County Courthouse site and the Libby
Courthouse Annex site. Both monitoring sites met EPA SLAMS network
design and siting requirements set forth at 40 CFR part 58, appendices
D and E. The Lincoln County Courthouse monitor began operation on April
21, 1987 and ceased operation on March 31, 1995. The Libby Courthouse
Annex monitor began operating on October 8, 1993 and continues to
operate.
Our review of complete quality-assured air quality data from the
Lincoln County Courthouse site and the Libby Courthouse Annex site for
the period from January 1, 1992 through December 31, 1994, shows no
data values exceeded the level of the 24-hour standard. Because there
were no recorded exceedances of the 24-hour PM10 standard
during calendar years 1992-1994, the estimated number of
PM10 exceedances for the 1992-1994 period is 0.0, as seen in
Figure 2. Therefore, the Libby nonattainment area has demonstrated
attainment for the 24-hour PM10 NAAQS as of the attainment
date of December 31, 1994. Additionally, we evaluated complete quality-
assured air quality data at all monitors within the Libby
PM10 nonattainment area after the attainment date of
December 31, 1994 to 2009 and found no recorded exceedances.
Figure 2--Number of Estimated PM10 Exceedance in Libby PM10 Nonattainment Area
----------------------------------------------------------------------------------------------------------------
Lincoln Courthouse Libby Courthouse Libby Courthouse
----------------------- Annex Annex
---------------------------------------------
30-053-0012-2 30-053-0018-1 30-053-0018-2
----------------------------------------------------------------------------------------------------------------
1992....................................... 0 * *
1993....................................... 0 0 *
1994....................................... 0 0 *
1995....................................... 0 0 *
1996....................................... * 0 *
1997....................................... * 0 *
1998....................................... * 0 *
1999....................................... * 0 *
2000....................................... * 0 *
2001....................................... * 0 *
2002....................................... * 0 0
2003....................................... * 0 0
2004....................................... * 0 0
2005....................................... * 0 0
2006....................................... * 0 0
2007....................................... * 0 0
[[Page 5284]]
2008....................................... * 0 0
2009....................................... * 0 *
----------------------------------------------------------------------------------------------------------------
*No Data Collected
IV. EPA's Final Action
EPA is determining that the Columbia Falls and Libby areas have
attained the PM10 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 for
both areas is 0.0, which is equal to or less than the expected
exceedance rate of 1.0 (40 CFR part 50, appendix K). Because complete
quality-assured data for this period shows an expected exceedance rate
equal to or below the PM10 standard, EPA concludes that the
areas have met the standard. Pursuant to CAA Sec. 188(c), EPA is
required to make a determination of attainment. There were no
violations and therefore no health risk. EPA therefore determines that
the Columbia Falls and Libby nonattainment areas have attained the 24-
hour PM10 NAAQS as of the December 31, 1994 attainment date.
V. Statutory and Executive Order Review
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);
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 (Pub. L. 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 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
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).
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 April 1, 2011. 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: January 20, 2011.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2011-2121 Filed 1-28-11; 8:45 am]
BILLING CODE 6560-50-P
