[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47276-47280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22160]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AK-4-1-6027a, WA-7-1-5542a, WA-38-1-6974a; FRL-5277-9]
Clean Air Act Attainment Extensions for PM-10 Nonattainment
Areas: Alaska and Washington
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action identifies those nonattainment areas in the State
of Alaska and the State of Washington which have failed to attain the
National Ambient Air Quality Standards (NAAQS) for particulate matter
with an aerodynamic diameter of less than or equal to ten micrometers
(PM-10) by the applicable attainment date. This action also serves to
grant a 1 year attainment date extension for three nonattainment areas:
Mendenhall Valley, Alaska; Spokane, Washington; and Wallula,
Washington, for PM-10.
DATES: This action will be effective on November 13, 1995 unless
adverse or critical comments are received by October 12, 1995. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the State's request and other information
supporting this proposed action are available for inspection during
normal business hours at the following locations: EPA, Air & Radiation
Branch (AT-082), 1200 Sixth Avenue, Seattle, Washington 98101; the
Alaska Department of Environmental Conservation, 410 Willoughy, Suite
105, Juneau, Alaska, 99801-1795; and the Washington State Department of
Ecology, P.O. Box 47600, PV-11, Olympia, WA 98504-7600.
FOR FURTHER INFORMATION CONTACT: Christi Lee, Environmental Scientist,
Air & Radiation Branch (AT-082), EPA, Seattle, Washington, (206) 553-
1814, or George Lauderdale, Environmental Protection Specialist, Air &
Radiation Branch (AT-082), EPA, Seattle, Washington, (206) 553-6511.
SUPPLEMENTARY INFORMATION:
I. Background
A. CAA Requirements Concerning Designation and Classification
Areas meeting the requirements of section 107(d)(4)(B) of the Act
1 were designated nonattainment for PM-10 by operation of law and
classified ``moderate'' upon enactment of the 1990 Clean Air Act
Amendments. See generally Section 107(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,
1990), and any other areas violating the National Ambient Air Quality
Standards (NAAQS) for PM-10 prior to January 1, 1989.2 A Federal
Register notice 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 notice correcting the description of some
of those areas was published on August 8, 1991 (56 FR 37654). See 56 FR
56694 (November 6, 1991) and 40 CFR 81.303 and 40 CFR 81.348 (for
codified air quality designations and classifications in the State of
Alaska and Washington, respectively). All initial moderate PM-10
nonattainment areas have the same applicable attainment date of
December 31, 1994.
\1\ The 1990 Amendments to the Clean Air Act made significant
changes to the Act. See Public Law No. 101-549, 104 Stat. 2399.
References herein are to the Clean Air Act as amended (``Act'' or
``CAA''), which is codified at 42 U.S.C. Sec. 7401 et seq.
\2\ Many of these other areas were identified in footnote 4 of
the October 31, 1990 Federal Register notice.
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States containing initial moderate PM-10 nonattainment areas were
required to develop and submit to EPA by November 15, 1991, a SIP
revision providing for, among other things, implementation of
reasonably available control measures (RACM), including reasonably
available control technology (RACT), and a demonstration either that
the plan would provide for attainment of the PM-10 NAAQS by December
31, 1994 or that attainment by that date was impracticable. See Section
189(a).
B. Attainment Determinations
All PM-10 areas designated nonattainment pursuant to section
107(d)(4)(B) of the Act were initially classified ``moderate'' by
operation of law upon enactment of the 1990 Clean Air Act Amendments.
See Section 188(a). Pursuant to sections 179(c) and 188(b)(2) of the
Act, EPA has the responsibility of determining within six months of the
December 31, 1994, attainment date whether PM-10 nonattainment areas
have attained the NAAQS. Determinations under section 179(c)(1) of the
Act are to be based upon an area's ``air quality as of the attainment
date.'' Section 188(b)(2) is consistent with this requirement.
Generally, EPA will 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 Monitoring Stations
(SLAMS) in the nonattainment area and entered into the Aerometric
Information Retrieval System (AIRS). Data entered into the AIRS has
been determined by EPA to meet federal monitoring requirements (see 40
CFR 50.6 and appendix J, 40 CFR part 53, 40 CFR 58, appendix A & B) and
may be used to determine the attainment status of areas. EPA will also
consider air quality data from other air monitoring stations in the
nonattainment area provided that it meets the federal monitoring
requirements for SLAMS. All data will be reviewed to determine the
area's air quality status in accordance with EPA 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 (1992,
1993 and 1994 for areas with a December 31, 1994 attainment date) is
equal to or less than 50 micrograms per cubic meter (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 g/m\3\. The 24-hour standard is attained when the
expected number of days with levels above 150 g/m\3\ (averaged
over a three-year period) is less than or equal to one (1.0). Three
consecutive years of air quality data is generally necessary to show
attainment of the annual and 24-hour standard for PM-10. See 40 CFR
part 50 and appendix K.
C. Extension of the Attainment Date
The Act provides the Administrator with the discretion to grant a
one-year extension of the attainment date for a moderate PM-10
nonattainment area, provided certain criteria are met. See Section
188(d). If an area does not have the necessary number of consecutive
years of clean air quality data to show attainment of the NAAQS, a
State may apply for up to two one-year extensions of the attainment
date for that area. The statute sets forth two criteria a moderate
nonattainment area must satisfy in order to obtain an extension: (1)
The State has complied with all the requirements and
[[Page 47277]]
commitments pertaining to the area in the applicable implementation
plan; and (2) the area had no more than one exceedance of the 24-hour
PM-10 standard in the year preceding the extension year, and the annual
mean concentration of PM-10 in the area for the year preceding the
extension year is less than or equal to the standard. See Section
188(d).
The authority delegated to the Administrator to extend attainment
dates for moderate PM-10 nonattainment areas is discretionary: Section
188(d) of the Act provides that the Administrator ``may'' extend the
attainment date for areas that meet the minimum requirements specified
above. The provision does not dictate or compel that EPA grant
extensions to such areas even if these conditions are met.
In exercising this discretionary authority for PM-10 nonattainment
areas, EPA examines, in addition to the two statutory criteria
discussed above, the air quality planning progress made in the moderate
area. See November 14, 1994 Memorandum from Sally L. Shaver, Director,
Air Quality Strategies and Standards Division entitled ``Criteria for
Granting 1-Year Extensions of Moderate PM-10 Nonattainment Area
Attainment Dates, Making Attainment Determinations, and Reporting on
Quantitative Milestones.'' EPA is disinclined to grant an attainment
date extension unless a State has, in substantial part, addressed its
moderate PM-10 nonattainment area planning obligations. In order to
determine whether the State has substantially met these planning
requirements, EPA reviews the State's application for the attainment
date extension to determine whether the State has: (1) Adopted and
substantially implemented control measures that represent RACM/RACT in
the moderate nonattainment area; and (2) demonstrated that the area has
made emission reductions amounting to reasonable further progress (RFP)
toward attainment of the PM-10 NAAQS as defined in section 171(1) of
the Act. RFP for PM-10 nonattainment areas is defined in section 171(1)
of the Act as annual incremental emission reductions to ensure
attainment of the applicable NAAQS (PM-10) by the applicable attainment
date.
If the State does not have the requisite number of years of clean
air quality data to show attainment and does not apply or qualify for
an attainment date extension, the area will be reclassified to serious
by operation of law under section 188(b)(2) of the Act. If an extension
of the attainment date is granted, at the end of the extension year EPA
will again determine whether the area has attained the PM-10 NAAQS. If
the requisite three consecutive years of clean air quality data needed
to determine attainment are not met for the area, the State may apply
for a second one-year extension of the attainment date. In order to
qualify for the second one-year extension of the attainment date, the
State must satisfy the same requirements listed above for the first
extension. In addition, EPA will consider the State's PM-10 planning
progress for the area during the year for which the first extension was
granted. If a second extension is granted and the area does not have
the requisite three consecutive years of clean air quality data needed
to demonstrate attainment at the end of the second extension, no
further extensions of the attainment date can be granted and the area
will be reclassified serious by operation of law. See Section 188(d).
II. Summary of Today's Action
Today's action announces EPA's determination that the Mendenhall
Valley, Alaska, PM-10 nonattainment area and the Spokane and Wallula,
Washington, PM-10 nonattainment areas have each failed to attain the
PM-10 NAAQS by the applicable attainment date of December 31, 1994.
This determination is based upon air quality data which show there were
violations of the PM-10 NAAQS in each of these areas during the period
from 1992 to 1994.
The State of Alaska has requested a one-year extension of the PM-10
attainment date for the Mendenhall Valley nonattainment area. The State
of Washington has requested a one-year extension of the PM-10
attainment date for both the Spokane PM-10 nonattainment area and the
Wallula PM-10 nonattainment area. EPA has reviewed these extension
requests and is granting a one-year extension of the attainment date
for each area. This determination is based upon available air quality
data and a review of the State's progress in implementing the planning
requirements that apply to moderate PM-10 nonattainment areas.
A. Mendenhall Valley, Alaska, PM-10 Nonattainment Area
The Mendenhall Valley PM-10 nonattainment area is located nine
miles from downtown Juneau and is Juneau's largest residential area.
1. Air Quality Data
The Mendenhall Valley nonattainment area has three PM-10 monitoring
sites: Floyd Dryden, Glacier Auto and Trio Street. These SLAMS sites
were established in 1986, 1988, and 1989 respectively. Glacier Auto was
discontinued in 1993. Sampling at the Floyd Dryden and Trio Street
sites are every day. Sampling at Glacier Auto is every other day. Data
from these sites have been deemed valid by EPA and submitted by the
State of Alaska for inclusion in the AIRS system.
A review of the data for calendar years 1992, 1993 and 1994 for the
Mendenhall Valley PM-10 nonattainment area shows no violation of the
annual PM-10 standard. During this same three year period, the Trio
monitor reported one measurement above the level of the 24-hour NAAQS
in calendar year 1992 and three measurements above the level of the 24-
hour NAAQS in calendar year 1993. There were no measured levels above
the 24-hour NAAQS in calendar year 1994.
2. Attainment of the PM-10 NAAQS
The Mendenhall Valley PM-10 nonattainment area does not attain the
24-hour PM-10 NAAQS. PM-10 concentrations reported from the SLAMS
monitoring station at Trio Street exceeded the level of the NAAQS three
times in 1993. Because of the sampling frequency, the expected
exceedance rate for this three-year period is 3.07 (calculated in
accordance with appendix K), which represents a violation of the 24-
hour standard.
3. Extension of Attainment Date
EPA is granting the State's request for a one-year extension of the
attainment date, from December 31, 1994 to December 31, 1995, for the
Mendenhall Valley PM-10 nonattainment area.
a. Compliance With Applicable SIP
Based on information available to EPA, EPA believes the State of
Alaska is in compliance with all requirements and commitments in the
applicable implementation plan that pertains to the Mendenhall Valley
PM-10 nonattainment area. EPA has fully approved the State's moderate
PM-10 nonattainment area plan as a SIP revision for the Mendenhall
Valley PM-10 nonattainment area. (52 FR 13885). EPA believes that the
State is meeting the requirements and commitments of the statewide SIP
and is in compliance with the Mendenhall Valley PM-10 SIP revision.
b. Air Quality Data
As discussed above, there were no measured levels above the 24-hour
NAAQS during calendar year 1994. The annual mean concentration of PM-10
was 21 g/m\3\ during 1994, well below
[[Page 47278]]
the standard. Therefore, the Mendenhall Valley PM-10 nonattainment area
meets the extension criteria of no more than one exceedance of the 24-
hour NAAQS and an annual mean concentration less than or equal to the
standard for the year preceding the extension year.
c. Substantial Implementation of Control Measures
The State of Alaska has developed and implemented a significant
control measure on the major PM-10 source within the Mendenhall Valley
nonattainment area. The measure consists of controlling fugitive road
dust by implementing a Valley-wide street paving project. The EPA
determined this control measure met EPA's guidance for RACM/RACT for
sources in the nonattainment area and approved the State's SIP revision
on April 25, 1994 (52 FR 13885).
d. Emission Reduction Progress
On April 19, 1995, the State of Alaska submitted to EPA the
milestone report required by section 189(c)(2) of the Act to
demonstrate annual incremental emission reductions and reasonable
further progress in the Mendenhall Valley area. In that report, which
is contained in the docket supporting this rulemaking, the State
discusses implementation of the control measures adopted as part of the
control strategy in the SIP and the emission reductions that have been
achieved as a result of the State's control strategy. At the end of
1994, 96 percent of the proposed road paving had been completed which
reduced particulate emissions by 654 tons. EPA believes that the
estimated reductions in emissions from the aggressive paving project
demonstrates reasonable further progress in the Mendenhall Valley
nonattainment area.
In summary, for the reasons discussed above, EPA is granting the
State's request for a one-year extension of the attainment date for the
Mendenhall Valley PM-10 nonattainment area from December 31, 1994 to
December 31, 1995.
B. Spokane PM-10 Nonattainment Area
The Spokane PM-10 nonattainment area is an urban area located in
the northeastern portion of the State of Washington.
1. Air Quality Data
The Spokane nonattainment area has a relatively large PM-10
monitoring system. PM-10 monitoring began in 1985 and there are
currently three SLAMS sites and one NAMS site in the urban area.
Sampling frequencies are one sample every six days at two sites and
daily sampling at two sites. Data from all the sites have been deemed
valid by EPA and submitted by the State of Washington for inclusion in
the AIRS system.
A review of the data for calendar years 1992, 1993 and 1994 shows
no violations of the annual PM-10 standard in the Spokane PM-10
nonattainment area. During this same three-year period, there were a
total of nine reported measurements above the level of the 24-hour
NAAQS at the NAMS monitoring site located near downtown Spokane which
has historically exceeded the standard with greatest frequency. In
calendar year 1992 there were five recorded values above the NAAQS in
September and October. In 1993 a total of four values were above the
NAAQS (two in March, one in September and one in November). The three
other monitoring sites also recorded levels above the 24-hour NAAQS in
1992 and 1993. In calendar year 1994, there were no measurements at any
site above the 24-hour NAAQS.
2. Attainment of the PM-10 NAAQS
The Spokane PM-10 nonattainment area does not attain the 24-hour
PM-10 NAAQS. Because of the sampling frequencies, the expected
exceedance rate for the three-year period, at three of the sampling
locations, is in violation of the 24-hour standard.
3. Extension of Attainment Date
EPA is by this action proposing to grant the State's request for a
one-year extension of the attainment date, from December 31, 1994 to
December 31, 1995, for the Spokane PM-10 nonattainment area.
a. Compliance With Applicable SIP
Based on information available to EPA, EPA believes the State of
Washington is in compliance with all requirements and commitments in
the applicable implementation plan and statewide SIP requirements that
pertain to the Spokane PM-10 nonattainment area. Although the State has
submitted its moderate PM-10 nonattainment area plan as a SIP revision,
EPA has not yet taken action on that plan. Therefore, the submitted
plan is not yet an ``applicable implementation plan'' for the Spokane
PM-10 nonattainment area.
b. Air Quality Data
As discussed above, there were no measured levels above the 24-hour
NAAQS during calendar year 1994. The annual mean concentration of PM-10
was 38 g/m\3\ during 1994, well below the standard. Therefore,
the Spokane PM-10 nonattainment area meets the extension criteria of no
more than one exceedance of the 24-hour NAAQS and an annual mean
concentration less than or equal to the standard for the year preceding
the extension year.
c. Substantial Implementation of Control Measures
The State of Washington, along with the local air pollution control
agency, has developed and implemented several significant control
measures on sources within the Spokane PM-10 nonattainment area. The
State submitted these control measures to EPA as a SIP revision on
November 15, 1991, and in supplemental submissions since that time.
These measures consist of a comprehensive residential wood combustion
program, including a mandatory woodstove curtailment program; stringent
controls on fugitive road dust, including controls on winter road
sanding and road paving program; and emission limits on point sources
in the nonattainment area. EPA has conducted a preliminary review of
these measures and believes that they substantially meet EPA's guidance
for RACM, including RACT, for purposes of granting an extension under
section 188(d) of the Act.
d. Emission Reduction Progress
On March 24, 1995, the State of Washington submitted to EPA the
milestone report required by section 189(c)(2) of the Act to
demonstrate annual incremental emission reductions and reasonable
further progress in the Spokane area. In that report, a copy of which
is available in the docket, the State discusses implementation of the
control measures adopted as part of the control strategy in the SIP and
the emission reductions that have been achieved as a result of the
State's control strategy. EPA believes that the reductions in emissions
for the sources demonstrates reasonable further progress in the Spokane
nonattainment area.
In summary, for the reasons discussed above, EPA is granting the
State's request for a one-year extension of the attainment date for the
Spokane PM-10 nonattainment area from December 31, 1994 to December 31,
1995.
C. Wallula, Washington PM-10 Nonattainment Area
The Wallula PM-10 nonattainment area is located in rural south
central Washington State.
1. Air Quality Data
The Wallula nonattainment area has one PM-10 monitoring site
located on a hill overlooking the small
[[Page 47279]]
unincorporated community of Wallula. The SLAMS site was established in
1986. Sampling frequency is one sample every six days. Data from this
site has been deemed valid by EPA and submitted by the State of
Washington for inclusion in the AIRS system.
A review of the data for calendar years 1992, 1993 and 1994 shows
no violations of the annual PM-10 standard at the site. During this
same three-year period, there were two reported measurements above the
level of the 24-hour NAAQS. In calendar year 1993 there was one level
above the NAAQS in May and in 1994 one level was recorded above the
NAAQS in June.
2. Attainment of the PM-10 NAAQS
The Wallula PM-10 nonattainment area does not attain the 24-hour
PM-10 NAAQS. PM-10 concentrations reported from the SLAMS monitoring
station exceeded the level of the NAAQS twice from 1992 to 1994.
Because of the sampling frequency, the expected exceedance rate
represents a violation of the 24-hour standard.
3. Extension of Attainment Date
EPA is by this action is granting the State's request for a one-
year extension of the attainment date, from December 31, 1994 to
December 31, 1995, for the Wallula PM-10 nonattainment area.
a. Compliance With Applicable SIP
Based on information available to EPA, EPA believes the State of
Washington is in compliance with all requirements and commitments in
the applicable implementation plan that pertains to the Wallula PM-10
nonattainment area. Although the State has submitted its moderate PM-10
nonattainment area plan as a SIP revision, EPA has not yet taken action
on that plan. Therefore, the submitted plan is not yet an ``applicable
implementation plan'' for the Wallula PM-10 nonattainment area.
b. Air Quality Data
As discussed above, there was one measured level above the 24-hour
NAAQS during calendar year 1994. The annual mean concentration of PM-10
was 36.4 g/m\3\ during 1994, well below the standard.
Therefore, the Wallula PM-10 nonattainment area meets the extension
criteria of no more than one exceedance of the 24-hour NAAQS and an
annual mean concentration less than or equal to the standard for the
year preceding the extension year.
c. Substantial Implementation of Control Measures
The State of Washington has implemented control measures on sources
within the Wallula PM-10 nonattainment area. The State submitted the
control measures to EPA as a SIP revision on November 15, 1991, and in
supplemental submissions since that time. The major control measure is
the federal Food Security Act's provisions requiring development and
implementation of conservation plans for participating farms. EPA has
conducted a preliminary review of these measures and believes that they
substantially meet EPA's guidance for RACM, including RACT, for
purposes of granting an extension under section 188(d) of the Act.
d. Emission Reduction Progress
On March 24, 1995, the State of Washington submitted to EPA the
milestone report required by section 189(c)(2) of the Act to
demonstrate annual incremental emission reductions and reasonable
further progress in the Wallula area. In that report, the State
discusses implementation of the control measures adopted as part of the
control strategy in the SIP and the emission reductions that have been
achieved as a result of the State's control strategy. EPA believes that
the reductions demonstrate reasonable further progress in the Wallula
nonattainment area.
In summary, for the reasons discussed above, EPA proposes to grant
the State's request for a one-year extension of the attainment date for
the Wallula PM-10 nonattainment area from December 31, 1994 to December
31, 1995.
III. Executive order (EO) 12866
Under E.O. 12866, 58 FR 51735 (October 4, 1993) EPA is required to
determine whether regulatory actions are significant and therefore
should be subject to the Office of Management and Budget (OMB) review,
economic analysis, and the requirements of the Executive Order. The
Executive Order defines a ``significant regulatory action'' as one that
is likely to result in a rule that may meet at least one of the four
criteria identified in section 3(f), including, under paragraph (1),
that the rule may ``have an annual effect on the economy of $100
million or more or adversely affect, in a material way, the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities.''
The Agency has determined that the determinations of nonattainment
and attainment date extensions granted today would result in none of
the effects identified in section 3(f). Under section 188(b)(2),
findings of nonattainment and reclassification of nonattainment areas
are based upon air quality considerations and must occur by operation
of law in light of certain air quality conditions. They do not, in-and-
of-themselves, impose any new requirements on any sectors of the
economy. In addition, because the statutory requirements are clearly
defined with respect to the differently classified areas, and because
those requirements are automatically triggered by classifications that,
in turn, are triggered by air quality values, the nonattainment
determinations and reclassification cannot be said to impose a
materially adverse impact on State, local, or tribal governments or
communities. Attainment date extensions under section 188(d) of the
Clean Air Act do not impose any new requirements on any sectors of the
economy; nor do they result in a materially adverse impact on State,
local, or tribal governments or communities.
IV. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Reclassification of nonattainment areas under section 188(b)(2) of
the CAA and extensions of attainment dates under 188(d) do not create
any new requirements. Therefore, because the federal SIP approval does
not impose any new requirements, I certify that it does not have a
significant impact on small entities.
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must assess whether various actions undertaken in association with
proposed or final regulations include a Federal mandate that may result
in estimated costs of $100 million or more to the private sector, or to
State, local or tribal governments in the aggregate.
EPA has determined, as discussed earlier in section ``IV. Executive
order (EO) 12866'' of this notice, that the finding that is the subject
of this final
[[Page 47280]]
action of failure to attain and grant of a one-year extension to the
Mendenhall Valley, Alaska, and the Wallula and Spokane, Washington, PM-
10 nonattainment areas do not impose any federal intergovernment
mandate, as defined in section 101 of the Unfunded Mandates Act. A
finding that an area has failed to attain and should be granted a one-
year extension of the attainment date consists of factual
determinations based upon air quality considerations and the area's
compliance with certain prior requirements. Accordingly, no additional
costs to State, local, or tribal governments, or to the private sector
result from this action. This action also will not impose a mandate
that may result in estimated costs of $100 million or more to either
State, local, or tribal governments in the aggregate, or to the private
sector.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective November 13, 1995 unless, by October 12, 1995, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective November 13, 1995.
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 November 13, 1995. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2), 42 U.S.C.
7607(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: August 8, 1995.
Charles Findley,
Acting Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart C--Alaska
2. Section 52.82 is added to read as follows:
Sec. 52.82 Extensions.
The Administrator, by authority delegated under section 188(d) of
the Clean Air Act, as amended in 1990, hereby extends for one year
(until December 31, 1995) the attainment date for the Mendenhall
Valley, Alaska, PM-10 nonattainment area.
Subpart WW--Washington
2. Section 52.2472 is added to read as follows:
Sec. 52.2472 Extensions.
The Administrator, by authority delegated under section 188(d) of
the Clean Air Act, as amended in 1990, extends for one year (until
December 31, 1995) the attainment date for the Spokane, Washington, PM-
10 nonattainment area and the Wallula, Washington, PM-10 nonattainment
area.
[FR Doc. 95-22160 Filed 9-11-95; 8:45 am]
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