Clean Air Act Promulgation of Reclassification of PM-10 Nonattainment Areas in Idaho

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ID5-2-7075a; FRL-5665-1]

Clean Air Act Promulgation of Reclassification of PM-10

Nonattainment Areas in Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action identifies those nonattainment areas in the State

of Idaho 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 of December 31, 1995. This action also grants a second

one-year extension to the attainment date for the Power-Bannock

Counties PM-10 nonattainment in Idaho.

DATES: This action is effective on February 18, 1997, unless adverse or

critical comments are received by January 17, 1997. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Written comments on this action should be addressed to

Montel Livingston, SIP Manager, EPA, Office of Air Quality, 1200 Sixth

Avenue, Seattle Washington, 98101. Copies of the documents relevant to

this action are available for public inspection during normal business

hours at the same address.

FOR FURTHER INFORMATION CONTACT: Steven K. Body, EPA, Office of Air

Quality, 1200 Sixth Avenue, Seattle, Washington, 98101.

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, 42 U.S.C. section 7407(d)(4)(B). These areas

included all former Group I PM-10 planning areas identified in 52 FR

29383 (August 7, 1987) as further clarified in 55 FR 45799 (October 31,

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 these areas was published on August 8, 1991 (56 FR 37654). See 56 FR

56694 (November 6, 1991) and 40 CFR 81.313 (codified air quality

designations and classifications for the State of Idaho). All initial

moderate PM-10 nonattainment areas had the same applicable attainment

date of December 31, 1994. Section 188(d) provides the Administrator

the authority to grant two one-year extensions to the attainment date

provided certain requirements are met as described below.

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\1\ The 1990 Amendments to the Clean Air Act made significant

changes to the Act. See Public Law 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. 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 of whether

attainment of the PM-10 NAAQS by the December 31, 1994 attainment date

was practicable. See section 189(a).

B. Attainment Determinations

All PM-10 nonattainment areas are initially classified ``moderate''

by operation of law when they are designated nonattainment. See section

188(a). Pursuant to sections 179(c) and 188(b)(2) of the Act, EPA has

the responsibility of determining within six months of the applicable

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 part 58 appendix A & B) and may be

used to determine 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 (for

example, 1993, 1994, 1995 for areas with a December 31, 1995 attainment

date) is equal to or less than 50 micrograms per cubic meter (ug/m3).

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 ug/m3. The 24-hour standard is attained when the expected

number of days with levels above 150 ug/m3 (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 24-

hour and annual standard for PM-10. See 40 CFR part 50 and appendix K.

C. Reclassification to Serious

A PM-10 nonattainment area may be reclassified to ``serious,''

which requires new air quality planning obligations, in one of two

ways. First, EPA has general discretion to reclassify a moderate PM-10

area to serious if at any time EPA

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determines the area cannot practicably attain the PM-10 standard by the

applicable attainment date. See section 188(b)(1). EPA bases its

decisions to reclassify an area as serious before the attainment date

on special facts or circumstances related to the affected nonattainment

area which demonstrate that the area cannot practicably attain the

standard by the applicable attainment date.

Second, under section 188(b)(2) of the Act, a moderate area will be

reclassified as serious by operation of law if EPA finds that the area

is not in attainment by the applicable attainment date. Pursuant to

section 188(b)(2)(B) of the Act, EPA must publish a Federal Register

notice within six months after the applicable attainment date

identifying those areas which have failed to attain the standard and

are reclassified to serious by operation of law. See section 188(b)(2);

see also section 179(c)(1).

D. Extension of the Attainment Date

The Act provides the Administrator the discretion of granting a

one-year extension to 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 data to show attainment of the NAAQS, a State may apply

for up to two one-year extensions of the attainment date for such 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 commitments pertaining to the area in the

applicable implementation plan; and (2) the area has 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.

In exercising this discretionary authority for PM-10 nonattainment

areas, EPA will examine the air quality planning progress made in the

moderate area. EPA will be 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 the EPA will review the States 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

to 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. EPA will also consider the State's PM-10 planning progress

for the area in 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

In today's action, EPA is announcing its determination that the

Power-Bannock Counties PM-10 nonattainment area has failed to attain

the PM-10 NAAQS by the applicable attainment date of December 31, 1995.

As discussed below, this determination is based upon air quality data

which has revealed violations of the PM-10 NAAQS during the period from

1993 to 1995.

This action also serves to announce that the State of Idaho has

requested a second one-year extension to the PM-10 attainment date for

the Power-Bannock Counties PM-10 nonattainment area. EPA has reviewed

the extension request and is, with this notice, granting the second

one-year extension of the attainment date for the Power-Bannock

Counties nonattainment area. As discussed below, this determination is

based upon available air quality data and a review of the State's

continuing progress in implementing the planning requirements that

apply to moderate PM-10 nonattainment areas.

A. Power-Bannock Counties PM-10 Nonattainment Area

The Power-Bannock Counties PM-10 nonattainment area is comprised of

State lands within portions of both Power and Bannock Counties and both

trust and fee lands within a portion of the exterior boundaries of the

Fort Hall Indian Reservation. The State of Idaho operates four PM-10

SLAMS monitoring sites in the Power-Bannock Counties PM-10

nonattainment area, all of which are on State lands. Data from these

State sites have been deemed valid by EPA and have been submitted by

the State of Idaho to be included in the AIRS operated by EPA. The

Shoshone-Bannock Tribes established a monitoring station in February

1995, but validated data is not available at this time.

On May 6, 1996 EPA granted a one year extension to the attainment

date for the Power-Bannock Counties PM-10 nonattainment area based on a

request by the State of Idaho (61 FR 20730, May 6, 1996). The

applicable attainment date for the Power-Bannock Counties PM-10

nonattainment area is, therefore, December 31, 1995.

1. Air Quality Data

Whether an area has attained the PM-10 NAAQS is based exclusively

upon measured air quality levels over the most recent and complete

three calendar year period. See 40 CFR part 50 and appendix K. For

areas with an attainment date of December 31, 1995, this three year

period covers calendar years 1993, 1994 and 1995. Data from calendar

year 1995 is also used in determining whether an area, with a December

31, 1995 attainment date, meets the air quality criteria for granting a

second one-year extension to the attainment date under section 188(d).

A review of the data reported for these SLAMS sites for the

calendar years 1993, 1994 and 1995 shows no violations of the annual

PM-10 standard at any of the SLAMS sites in the Power-

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Bannock Counties PM-10 nonattainment area. A violation of the 24-hour

NAAQS was recorded at two monitoring sites on January 7, 1993. As a

result of the one-in-every six day sampling frequency at each of these

sites, the expected exceedance for the 1993 calendar year at the SLAMS

sites is 6.0. No measured values above the level of the 24-hour NAAQS

were reported in 1994 or 1995. Therefore, the three year average (1993,

1994, 1995) expected exceedance rate at the SLAMS sites is 2.0.

Private industry in the Power-Bannock Counties PM-10 nonattainment

area funded and operated a seven station monitoring network in a

portion of the nonattainment. The monitoring stations were located to

measure maximum impacts from the phosphate industry and were located

adjacent to the ``industrial complex''. Several monitoring sites were

also established to assess population exposure and background

concentrations. This network collected PM-10 air quality data for one

year, from October 1, 1993 through September 30, 1994.

Data from this special purpose network has been submitted to EPA to

support the air pathways risk assessment for the Eastern Michaud Flats

(EMF) Superfund site. All of the EMF superfund monitoring sites are

located within the Power-Bannock Counties PM-10 nonattainment area.

Data from this special purpose monitoring network have been

reviewed by EPA for compliance with federal monitoring requirements and

for reported PM-10 levels. The data are valid. There were no reported

24-hour concentrations above the level of the 24-hour NAAQS during the

year the network was in operation. One of the sites in the network, EMF

Site #2, is located at the site predicted to have the maximum

industrial air quality impact. This maximum impact site was determined

from the dispersion modeling conducted to support the State, EPA and

Tribal Clean Air Act PM-10 planning efforts. This site is located

immediately adjacent to the industrial complex on State lands, but less

than 300 feet from the Reservation boundary. Data from EMF Site #2

reported an annual concentration greater than the 50 g/m3

level of the annual NAAQS for the one year period the network was in

operation. In addition, several reported PM-10 concentrations at EMF

Site #2 are at or near the level of the 24-hour PM-10 NAAQS, although

the standard was not, in fact exceeded.

2. Attainment of the PM-10 NAAQS

The Power-Bannock Counties PM-10 nonattainment area does not meet

the 24 hour PM-10 NAAQS. The PM-10 concentrations reported at two SLAMS

monitoring stations on January 7, 1993, exceeded the level of the 24-

hour NAAQS. Because of the sampling frequency (one in every six days),

the expected exceedance rate for the three year period from 1993

through 1995 is 2.0, which represents a violation of the 24-hour NAAQS.

Therefore, the Power-Bannock Counties PM-10 nonattainment area does not

attain the PM-10 NAAQS.

3. Extension of Attainment Date

As discussed above, the CAA authorizes the Administrator to grant a

second one-year extension of the attainment date for moderate PM-10

nonattainment areas, provided the State demonstrates it has complied

with all requirements and commitments pertaining to the affected area

in the applicable implementation plan and the area had no more than one

measured exceedance of the 24-hour NAAQS (150 g/m3) in the

year preceding the extension year, and the annual mean concentration of

PM-10 in the year preceding the extension year is less than or equal to

annual NAAQS (50 g/m3). See section 188(d). For the reasons

discussed below, EPA is granting the State's request for a second one-

year extension to the attainment date, from December 31, 1995 to

December 31, 1996, for the Power-Bannock Counties PM-10 nonattainment

area.

a. Compliance with Applicable SIP. Based on information available

to EPA, EPA believes that the State of Idaho is in compliance with all

requirements and commitments in the applicable implementation plan that

pertain to the Power-Bannock Counties PM-10 nonattainment area. EPA

provides oversight of the Idaho air program, including implementation

of the Idaho State Implementation Plan (SIP). EPA conducts annual

oversight inspections of sources throughout the State of Idaho. Results

from these inspections indicate that the State is meeting the

requirements and commitments of the statewide SIP.

Although the State has submitted its moderate PM-10 nonattainment

plan for the Power-Bannock Counties nonattainment area as a SIP

revision, EPA has not yet taken action on that plan. Therefore, this

plan is not yet an ``applicable implementation plan'' for the Power-

Bannock Counties PM-10 nonattainment area.

b. Air Quality Data. As discussed above, there were no measured

levels above the 24-hour NAAQS at any of the SLAMS monitoring sites or

any of the EMF monitoring sites during calendar year 1995. In addition,

the annual mean concentration of PM-10 at each of the SLAMs monitoring

sites during calendar year 1995 was below the level of the annual

NAAQS.

As also discussed above, however, EMF Site #2 recorded an annual

average of 55.7 g/m3 for the one year period from October

1, 1993 to September 30, 1994. EPA believes that the recorded PM-10

levels at several stations in the EMF monitoring network, particularly

EMF Site #2, indicate that air quality problems continue in the Power-

Bannock Counties PM-10 nonattainment area and that additional controls

will likely be necessary to bring the area into attainment. As EPA

discussed at length in granting the first extension, however, EPA does

not believe that the data recorded at EMF Site #2 during the period

from October 1, 1993 to September 30, 1994, precluded EPA from granting

the State's request for the first one-year extension of the attainment

date under section 188(d) of the Act. For the same reasons, EPA

believes that the data from EMF Site #2 does not preclude EPA from

granting the second one-year extension to the attainment date.

c. Substantial Implementation of Control Measures. The State of

Idaho, along with several local agencies, has developed and implemented

several significant control measures on sources located on State lands

within the Power-Bannock Counties PM-10 nonattainment area during

calendar year 1993. The State submitted these control measures to EPA

as a SIP revision in May and December 1993. 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 controls and a

limited unpaved road paving program; and a revised operating permit

that represents reasonably available control technology (RACT) for the

J.R. Simplot facility, the only major stationary source of particulate

matter under the regulatory jurisdiction of the State in the

nonattainment area.3 EPA has conducted a preliminary review of

these

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measures and believe that they substantially meet EPA's guidance for

RACM, including RACT, for sources of primary particulate for the

purposes of granting the extension under section 188(d).

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\3\ On June 12, 1996, EPA published a Federal Register notice

that corrected the boundary of the Power-Bannock Counties PM-10

nonattainment area and removed a small area that included the City

of Inkom and the Ash Grove Cement facility from the Power-Bannock

Counties PM-10 nonattainment area (see 61 FR 29667).

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After the State submitted its moderate area SIP in May of 1993, the

State learned that PM-10 precursors contribute significantly to

wintertime violations of the PM-10 standard under certain

meteorological conditions. In cooperation with the Tribes and EPA, the

State developed a work plan for developing an emission inventory of

sources of PM-10 precursors in the nonattainment area and controls for

such sources. The State is moving forward on this precursor plan and

expects to have controls in place on major stationary sources for PM-10

precursors by December 1998. EPA believes that the State's schedule for

addressing the contribution of precursors is expeditious and that the

State is making progress on the workplan. Because the contribution of

precursors came to light only late in the planning process, EPA does

not believe that the State's failure to have actually implemented

controls on sources of PM-10 precursors on State lands within the

nonattainment area is grounds, in and of itself, for denying the

State's request for a one-year extension.

With respect to PM-10 sources located on Tribal lands within the

nonattainment area, a gap in planning responsibilities for these

sources exists. In developing its control strategy, the State did not

seek to impose controls on any sources located within the Reservation

portion of the nonattainment area or attempt to demonstrate to EPA that

it had the authority to issue and enforce such controls on Reservation

sources. As EPA has previously stated, EPA does not believe a Clean Air

Act program submitted by the State should be disapproved because it

fails to address air resources within the exterior boundary of an

Indian Reservation. See 59 FR 43556, 43982 (August 25, 1994) (proposed

rule implementing section 301(d)).

Nor does EPA currently have the authority to recognize as Federally

enforceable controls that the Shoshone-Bannock Tribes have imposed or

could impose on PM-10 sources located on Reservation lands within the

nonattainment area. Although the Clean Air Act Amendments of 1990

greatly expanded the role of Indian Tribes in implementing the

provisions of the Clean Air Act on Reservation lands, EPA has not yet

issued the final rules necessary for EPA to recognize Tribal air

programs as Federally enforceable. See section 301(d); 59 FR 43956.

EPA is currently working on a proposed rule imposing controls on

sources of PM-10 on the Tribal portion of the nonattainment area. EPA

believes that it would be unfair to burden the State and the Pocatello

area with new serious area planning requirements because of the gap in

planning responsibilities and the resulting in the lack of Federally

enforceable controls at this time on sources located on the

Reservation. Accordingly EPA believes that the State has adequately

demonstrated, for proposes of an extension under section 188(d) of the

Act, that it has adopted and substantially implemented control measures

representing RACT/RACM in the nonattainment area.

d. Emission Reduction Progress. On March 30, 1995, the State of

Idaho submitted to EPA the milestone report as required by section

189(c)(2) of the Act to demonstrate annual incremental emission

reductions and reasonable further progress. In that report, the State

discusses implementation of control measures adopted as part of the

control strategy in the SIP. As stated above, the control strategy in

the State's moderate area SIP consists of a wood smoke control program

with a mandatory wood smoke curtailment element, aggressive control

requirements to reduce emissions associated with winter road sanding,

and a new operating permit for the major source located on State lands

that establishes RACT for this source.

The effect of these control measures on air quality can be seen in

reported ambient measurements at the SLAMS monitoring sites, most of

which have been operating for more than seven years. Data from these

sites show no violations of either the annual or the 24-hour standard

since 1992 attributable to primary particulate. This is further

evidence that the State's implementation of control measures on sources

of primary particulate on State lands has resulted in emission

reductions amounting to reasonable further progress in the Power-

Bannock Counties PM-10 nonattainment area.

In summary, EPA is granting the State's request for a second one-

year extension of the attainment date, from December 31, 1995 to

December 31, 1996, for the Power-Bannock Counties PM-10 nonattainment

area.

III. Implications of This Action

Upon the effective date of this action, the attainment date for the

Power-Bannock Counties PM-10 nonattainment area will be December 31,

1996. The area will thus remain a moderate PM-10 nonattainment area and

avoid the additional planning requirements that apply to serious PM-10

nonattaniment areas. No further extensions to the attainment date are

available. Should the area experience a violation of the PM-10 NAAQS in

calendar year 1996, the area will not have attained the standard by the

attainment date and the area will be reclassified to serious by

operation of law.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial action and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing this extension to the

attainment date should adverse or critical comments be filed. This

action will be effective February 18, 1997 unless by January 17, 1997

adverse or critical comments are received.

If EPA receives such comments, this action will be with drawn

before the effective date by publishing a subsequent document that will

withdraw the final 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 this action will be effective February 18, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

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.

B. Regulatory Flexibility Act

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

[[Page 66606]]

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.

Determinations of nonattainment areas under section 188(b)(2) of

the CAA and extensions under Section 188(d) of the Act do not create

any new requirements. Therefore, because these actions do not impose

any new requirements, I certify that it does not have a significant

impact on small entities.

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local or Tribal governments in the aggregate; or to the

private sector, of $100 million or more. Under section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal 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 Federal action imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register.

This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

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 February 18, 1997. Filing a

petition for reconsideration by the Administrator of this 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(1b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Particulate

matter, Intergovernmental relations.

Dated: December 5, 1996.

Chuck Clarke,

Regional 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: 52 U.S.C. 7401-7671q.

Subpart N--Idaho

2. Section 52.691 is amended by designating the existing paragraph

as ``(a)'' and adding paragraph (b) to read as follows:

52.691 Extensions.

* * * * *

(b) The Administrator, by authority delegated under section 188(d)

of the Clean Air Act, as amended in 1990, hereby grants a second one-

year extension (until December 31, 1996) to the attainment date for the

Power-Bannock Counties PM-10 nonattainment area.

[FR Doc. 96-32054 Filed 12-17-96; 8:45 am]

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