After a number of states failed to meet new small particulate standards, the EPA is asking the public to help figure out what the penalty will be .The agency is opening a 30-day public comment period on its recommendations for areas to be designated as out of compliance with the agency's 24-hour fine particle standards. On Aug. 19 and 20, the agency notified states and tribes of its recommendations for areas to be designated as "attainment" or "nonattainment" for fine particle pollution, also called PM2.5. According to an agency release, states and tribes will have an opportunity to respond to the recommendations, and provide new information or analyses if appropriate. The EPA will consider those responses, along with the public comment, before making its final decisions. The agency will issue final designations by Dec. 18, 2008.