Clean Air Act Attainment Extensions for PM-10 Nonattainment Areas: Alaska and Washington

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

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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

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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

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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

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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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