Approval and Promulgation of Implementation Plans; Idaho: Sandpoint PM10, 20001-20004 [2013-07647]
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Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 3, 2013. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate Matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 26, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
20001
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart K—Florida
2. Section 52.520(e) is amended by
adding two new entries for ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 1997 Fine Particulate Matter
National Ambient Air Quality
Standards’’ and ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2006
Fine Particulate Matter National
Ambient Air Quality Standards’’ at the
end of the table to read as follows:
■
§ 52.520
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective
date
Provision
EPA approval
date
*
4/18/2008
9/23/2009
*
*
110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter National Ambient Air
Quality Standards.
110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter National Ambient Air
Quality Standards.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[Docket No.: EPA–R10–OAR–2012–0017;
FRL–9796–5]
Approval and Promulgation of
Implementation Plans; Idaho:
Sandpoint PM10 Nonattainment Area
Limited Maintenance Plan and
Redesignation Request
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4/3/2013
[Insert citation of publication] .........
*
*
EPA disapproved the State’s prong
3 of section 110(a)(2)(D)(i) as it
relates to GHG PSD permitting
requirements.
EPA disapproved the State’s prong
3 of section 110(a)(2)(D)(i) as it
relates to GHG PSD permitting
requirements.
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
EPA Region 10, Office of Air, Waste and
Toxics (AWT–107), 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101. The EPA
requests that you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday, 8:30 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
The EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2012–0017. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
ADDRESSES:
The EPA is approving in part
and disapproving in part the Limited
Maintenance Plan (LMP) submitted by
the State of Idaho on December 14,
2011, for the Sandpoint nonattainment
area (Sandpoint NAA) for particulate
matter with an aerodynamic diameter
less than or equal to a nominal 10
micrometers (PM10), and approving the
State’s request to redesignate this area to
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*
*
[Insert citation of publication] .........
DATES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
14:47 Apr 02, 2013
4/3/2013
This final rule is effective on
May 3, 2013.
BILLING CODE 6560–50–P
VerDate Mar<15>2010
Explanation
attainment for the PM10 National
Ambient Air Quality Standards
(NAAQS). The EPA is disapproving a
separable part of the Sandpoint NAA
LMP that does not meet LMP eligibility
criteria or applicable requirements
under the Clean Air Act (CAA). The part
of the Sandpoint NAA LMP that the
EPA is approving complies with
applicable requirements and meets the
requirements of the CAA for full
approval. The EPA is also approving the
State’s redesignation request because it
meets CAA requirements for
redesignation.
[FR Doc. 2013–07654 Filed 4–2–13; 8:45 am]
SUMMARY:
Federal Register notice
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Kristin Hall at (206) 553–6357,
hall.kristin@epa.gov, or the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Information is organized as follows:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
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Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations
I. Background
On July 1, 1987, the EPA promulgated
National Ambient Air Quality Standards
(NAAQS) for particulate matter with a
nominal aerodynamic diameter less
than or equal to 10 micrometers (PM10)
(52 FR 24634). The EPA established a
24-hour standard of 150 mg/m3 and an
annual standard of 50 mg/m3, expressed
as an annual arithmetic mean. The EPA
also promulgated secondary PM10
standards that were identical to the
primary standards. In a rulemaking
action dated October 17, 2006, the EPA
retained the 24-hour PM10 standard but
revoked the annual PM10 standard (71
FR 61144, effective December 18, 2006).
On August 7, 1987, the EPA
designated the Sandpoint area as a PM10
nonattainment area due to measured
violations of the 24-hour PM10 standard
(52 FR 29383). The notice announcing
the designation upon enactment of the
1990 CAA Amendments was published
on March 15, 1991 (56 FR 11101). On
November 6, 1991, the Sandpoint
nonattainment area (Sandpoint NAA)
was subsequently classified as moderate
under sections 107(d)(4)(B) and 188(a)
of the CAA (56 FR 56694).
After the Sandpoint NAA was
designated nonattainment for PM10, the
State worked with the communities of
Sandpoint, Kootenai, and Ponderay to
develop a plan to bring the area into
attainment no later than December 31,
1996. The State submitted the plan to
the EPA on August 16, 1996, as a
moderate PM10 State Implementation
Plan (SIP) under section 189(a) of the
CAA. The moderate PM10 SIP included
a comprehensive residential wood
combustion program, controls on
fugitive road dust and emission
limitations on industrial sources. The
EPA took final action to approve the
Sandpoint moderate PM10 SIP on June
26, 2002 (67 FR 43006). Subsequently
on June 22, 2010, the EPA determined
that the Sandpoint NAA attained the
PM10 NAAQS (75 FR 35302).
On December 14, 2011, the State
submitted to the EPA the Sandpoint
PM10 Limited Maintenance Plan (LMP)
and requested that the EPA redesignate
the Sandpoint NAA to attainment for
the PM10 NAAQS. The State also
requested to revise control measures in
the Sandpoint PM10 SIP. On February 1,
2013, the EPA published a Notice of
Proposed Rulemaking (NPR) addressing
the State’s December 14, 2011 submittal
(78 FR 7340). In the NPR, the EPA
proposed to approve in part and
disapprove in part the Sandpoint NAA
LMP submitted by the State and to
approve the State’s request to
redesignate this area to attainment for
VerDate Mar<15>2010
14:47 Apr 02, 2013
Jkt 229001
the PM10 NAAQS. A detailed
description of the proposed partial
approval and partial disapproval can be
found in the NPR. The EPA provided a
30-day review and comment period on
the NPR, published on February 1, 2013
(78 FR 7340). The public comment
period for the EPA’s NPR closed on
March 4, 2013. The EPA received no
comments on the proposed action.
II. Final Action
The EPA is approving in part and
disapproving in part the Sandpoint
NAA LMP submitted by the State on
December 14, 2011, and approving the
State’s request to redesignate this area to
attainment for the PM10 NAAQS. The
Sandpoint NAA LMP submittal
included a request to approve revisions
to the control measures included in the
PM10 attainment SIP for the Sandpoint
NAA. The EPA is approving the revised
Sandpoint City Ordinance 965 for
control of residential burning because it
strengthens the SIP. The EPA is also
approving the State’s request to remove
the Louisiana-Pacific Corporation—
Sandpoint operating permit control
measure from the SIP because the
facility has ceased operations and has
been dismantled. However, the EPA is
disapproving the State’s request to
remove the operating permits for two
other sources because these sources are
still in operation and the State did not
provide a demonstration that removal of
the two permits would not interfere
with attainment or maintenance of the
NAAQS. In addition, the removal of
controls that were relied on to
demonstrate attainment would
disqualify the Sandpoint NAA for LMP
eligibility and require that the State
submit a full maintenance plan. Because
the State submitted the Sandpoint NAA
LMP intending to qualify for the LMP
option, and did not submit a full
maintenance plan, the EPA is
disapproving the separable portion of
the submittal that is not consistent with
the LMP qualifying criteria. This partial
disapproval does not prevent the State
from submitting a request for approval
of a SIP revision demonstrating that the
removal of the two operating permits
does not interfere with attainment or
maintenance of the NAAQS.
The EPA’s partial disapproval will be
simultaneously corrected because the
EPA is, in this same action, fully
approving the Sandpoint NAA LMP
with all control measures in place.
Therefore, a fully approved LMP is in
place and no further submittal is
required from the State to address the
partial disapproval.
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III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). In
addition, this rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country located in the
state, and the EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
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Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 3, 2013.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart N—Idaho
List of Subjects
■
40 CFR Part 52
■
2. Section 52.670 is amended by:
a. In paragraph (c) by removing the
entry for ‘‘City of Sandpoint Ordinance
No. 965’’ and adding in its place the
following entry for ‘‘City of Sandpoint
Chapter 8 Air Quality (4–8–1 through 4–
8–14).’’
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate Matter, and
Reporting and recordkeeping
requirements.
b. In paragraph (d) by removing the
entry for ‘‘Louisiana Pacific
Corporation, Sandpoint, Idaho.’’
■
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
c. In paragraph (e) by adding an entry
to the end of the table.
■
Authority: 42 U.S.C. 7401 et seq.
The additions read as follows:
Dated: March 18, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
§ 52.670
*
40 CFR parts 52 and 81 are amended
as follows:
*
Identification of plan.
*
*
*
(c) * * *
EPA-APPROVED IDAHO REGULATIONS AND STATUTES
State citation
Title/subject
*
*
*
City of Sandpoint Chapter
8 Air Quality (4–8–1
through 4–8–14).
*
*
*
*
*
*
09/21/11 (City adoption
date).
*
*
EPA approval date
*
City and County Ordinances
*
*
Solid Fuel Heating Appliances.
*
*
State effective date
*
*
Explanations
*
*
*
04/03/13 ............................
[Insert page number where
the document begins].
*
*
*
Codified version of City of
Sandpoint Ordinance
No. 965 as amended by
Ordinance No. 1237 and
Ordinance No. 1258.
Sandpoint PM10 Limited
Maintenance Plan.
*
*
(e) * * *
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
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Name of SIP
provision
Applicable geographic or nonattainment area
*
Sandpoint PM10
Nonattainment
Area Limited
Maintenance
Plan.
*
Bonner County:
Sandpoint Area.
VerDate Mar<15>2010
16:43 Apr 02, 2013
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State
Submittal
date
*
12/14/2011
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EPA approval date
*
04/03/2013 ............
[Insert page number where the
document begins].
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Comments
*
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20004
*
Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations
*
*
*
*
4. In § 81.313, the table entitled
‘‘Idaho-PM–10’’ is amended by revising
the entry for ‘‘Bonner County:
Sandpoint Area’’ to read as follows:
■
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
§ 81.313
*
Authority: 42 U.S.C. 7401 et seq.
Idaho.
*
*
*
*
IDAHO-PM–10
Designation
Classification
Designated area
Date
*
*
*
*
Bonner County: Sandpoint Area: Section 1–3, 9–12, 15, 16, 21, 22, 27, 28 of range 2
west and Township 57 north; and the western d of Sections 14, 23 and 26 of the
same Township and range coordinates.
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2011–0354; FRL–9797–5]
RIN 2060–AQ98
Protection of Stratospheric Ozone:
Adjustments to the Allowance System
for Controlling HCFC Production,
Import, and Export
Environmental Protection
Agency [EPA].
ACTION: Final rule.
AGENCY:
EPA is adjusting the
allowance system controlling U.S.
consumption and production of
hydrochlorofluorocarbons (HCFCs) as a
result of a 2010 Court decision vacating
a portion of the 2009 final rule titled
‘‘Protection of Stratospheric Ozone:
Adjustments to the Allowance System
for Controlling HCFC Production,
Import, and Export.’’ EPA interprets the
Court’s vacatur as applying to the part
of the rule that establishes the companyby-company baselines and calendar year
allowances for HCFC–22 and HCFC–
142b. On August 5, 2011, EPA
published an interim final rule
allocating allowances for 2011. Today’s
action relieves the regulatory ban on
production and consumption of these
two chemicals following the Court’s
vacatur by establishing company-bycompany HCFC–22 and HCFC–142b
baselines and allocating production and
consumption allowances for 2012–2014.
DATES: This final rule is effective April
3, 2013.
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SUMMARY:
14:47 Apr 02, 2013
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*
EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2011–0354. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air and Radiation
Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Luke H. Hall-Jordan by telephone at
(202) 343–9591, or by email at halljordan.luke@epa.gov, or by mail at U.S.
Environmental Protection Agency,
Stratospheric Protection Division
(6205J), 1200 Pennsylvania Ave. NW.,
Washington, DC 20460. You may also
visit the Web site of EPA’s Stratospheric
Protection Division at www.epa.gov/
ozone/strathome.html for further
information about EPA’s Stratospheric
Ozone Protection regulations, the
science of ozone layer depletion, and
related topics.
SUPPLEMENTARY INFORMATION:
Effective Date. This rule concerns
Clean Air Act (CAA) restrictions on the
consumption and production of
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Date
Type
*
Attainment
*
*
06/3/13
*
*
ADDRESSES:
[FR Doc. 2013–07647 Filed 4–2–13; 8:45 am]
VerDate Mar<15>2010
*
Type
hydrochlorofluorocarbon (HCFC)-22 and
HCFC–142b during 2012–2014. Section
553(d) of the Administrative Procedure
Act (APA), 5 U.S.C. chapter 5, generally
provides that rules may not take effect
earlier than 30 days after they are
published in the Federal Register. EPA
is issuing this final rule under section
307(d)(1) of the Clean Air Act, which
states: ‘‘The provisions of section 553
through 557 * * * of Title 5 shall not,
except as expressly provided in this
section, apply to actions to which this
subsection applies.’’ Thus, section
553(d) of the APA does not apply to this
rule. EPA is nevertheless acting
consistently with the policies
underlying APA section 553(d) in
making this rule effective April 3, 2013.
APA section 553(d) allows an effective
date less than 30 days after publication
for any action ‘‘that grants or recognizes
an exemption or relieves a restriction,’’
(5 U.S.C. 553(d)(1)). Since today’s action
relieves a restriction from the regulatory
ban on the production and consumption
of HCFC–22 and HCFC–142b in the
U.S., EPA is making this action effective
immediately upon publication to ensure
the availability of these HCFCs for
servicing air conditioning and
refrigeration equipment.
Acronyms and Abbreviations. The
following acronyms and abbreviations
are used in this document.
CAA—Clean Air Act
CAAA—Clean Air Act Amendments of 1990
CFC—Chlorofluorocarbon
CDM—Clean Development Mechanism
CFR—Code of Federal Regulations
EPA—Environmental Protection Agency
FR—Federal Register
HCFC—Hydrochlorofluorocarbon
HVAC—Heating, Ventilating, and Air
Conditioning
Montreal Protocol—Montreal Protocol on
Substances that Deplete the Ozone Layer
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]]>Agencies
[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Rules and Regulations]
[Pages 20001-20004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07647]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[Docket No.: EPA-R10-OAR-2012-0017; FRL-9796-5]
Approval and Promulgation of Implementation Plans; Idaho:
Sandpoint PM10 Nonattainment Area Limited Maintenance Plan and
Redesignation Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving in part and disapproving in part the
Limited Maintenance Plan (LMP) submitted by the State of Idaho on
December 14, 2011, for the Sandpoint nonattainment area (Sandpoint NAA)
for particulate matter with an aerodynamic diameter less than or equal
to a nominal 10 micrometers (PM10), and approving the
State's request to redesignate this area to attainment for the
PM10 National Ambient Air Quality Standards (NAAQS). The EPA
is disapproving a separable part of the Sandpoint NAA LMP that does not
meet LMP eligibility criteria or applicable requirements under the
Clean Air Act (CAA). The part of the Sandpoint NAA LMP that the EPA is
approving complies with applicable requirements and meets the
requirements of the CAA for full approval. The EPA is also approving
the State's redesignation request because it meets CAA requirements for
redesignation.
DATES: This final rule is effective on May 3, 2013.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2012-0017. All documents in the
docket are listed on the www.regulations.gov Web site. Although listed
in the index, some information may not be publicly available, i.e.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA
98101. The EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357,
hall.kristin@epa.gov, or the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Information is organized as follows:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
[[Page 20002]]
I. Background
On July 1, 1987, the EPA promulgated National Ambient Air Quality
Standards (NAAQS) for particulate matter with a nominal aerodynamic
diameter less than or equal to 10 micrometers (PM10) (52 FR
24634). The EPA established a 24-hour standard of 150 [micro]g/m\3\ and
an annual standard of 50 [micro]g/m\3\, expressed as an annual
arithmetic mean. The EPA also promulgated secondary PM10
standards that were identical to the primary standards. In a rulemaking
action dated October 17, 2006, the EPA retained the 24-hour
PM10 standard but revoked the annual PM10
standard (71 FR 61144, effective December 18, 2006).
On August 7, 1987, the EPA designated the Sandpoint area as a
PM10 nonattainment area due to measured violations of the
24-hour PM10 standard (52 FR 29383). The notice announcing
the designation upon enactment of the 1990 CAA Amendments was published
on March 15, 1991 (56 FR 11101). On November 6, 1991, the Sandpoint
nonattainment area (Sandpoint NAA) was subsequently classified as
moderate under sections 107(d)(4)(B) and 188(a) of the CAA (56 FR
56694).
After the Sandpoint NAA was designated nonattainment for
PM10, the State worked with the communities of Sandpoint,
Kootenai, and Ponderay to develop a plan to bring the area into
attainment no later than December 31, 1996. The State submitted the
plan to the EPA on August 16, 1996, as a moderate PM10 State
Implementation Plan (SIP) under section 189(a) of the CAA. The moderate
PM10 SIP included a comprehensive residential wood
combustion program, controls on fugitive road dust and emission
limitations on industrial sources. The EPA took final action to approve
the Sandpoint moderate PM10 SIP on June 26, 2002 (67 FR
43006). Subsequently on June 22, 2010, the EPA determined that the
Sandpoint NAA attained the PM10 NAAQS (75 FR 35302).
On December 14, 2011, the State submitted to the EPA the Sandpoint
PM10 Limited Maintenance Plan (LMP) and requested that the
EPA redesignate the Sandpoint NAA to attainment for the PM10
NAAQS. The State also requested to revise control measures in the
Sandpoint PM10 SIP. On February 1, 2013, the EPA published a
Notice of Proposed Rulemaking (NPR) addressing the State's December 14,
2011 submittal (78 FR 7340). In the NPR, the EPA proposed to approve in
part and disapprove in part the Sandpoint NAA LMP submitted by the
State and to approve the State's request to redesignate this area to
attainment for the PM10 NAAQS. A detailed description of the
proposed partial approval and partial disapproval can be found in the
NPR. The EPA provided a 30-day review and comment period on the NPR,
published on February 1, 2013 (78 FR 7340). The public comment period
for the EPA's NPR closed on March 4, 2013. The EPA received no comments
on the proposed action.
II. Final Action
The EPA is approving in part and disapproving in part the Sandpoint
NAA LMP submitted by the State on December 14, 2011, and approving the
State's request to redesignate this area to attainment for the
PM10 NAAQS. The Sandpoint NAA LMP submittal included a
request to approve revisions to the control measures included in the
PM10 attainment SIP for the Sandpoint NAA. The EPA is
approving the revised Sandpoint City Ordinance 965 for control of
residential burning because it strengthens the SIP. The EPA is also
approving the State's request to remove the Louisiana-Pacific
Corporation--Sandpoint operating permit control measure from the SIP
because the facility has ceased operations and has been dismantled.
However, the EPA is disapproving the State's request to remove the
operating permits for two other sources because these sources are still
in operation and the State did not provide a demonstration that removal
of the two permits would not interfere with attainment or maintenance
of the NAAQS. In addition, the removal of controls that were relied on
to demonstrate attainment would disqualify the Sandpoint NAA for LMP
eligibility and require that the State submit a full maintenance plan.
Because the State submitted the Sandpoint NAA LMP intending to qualify
for the LMP option, and did not submit a full maintenance plan, the EPA
is disapproving the separable portion of the submittal that is not
consistent with the LMP qualifying criteria. This partial disapproval
does not prevent the State from submitting a request for approval of a
SIP revision demonstrating that the removal of the two operating
permits does not interfere with attainment or maintenance of the NAAQS.
The EPA's partial disapproval will be simultaneously corrected
because the EPA is, in this same action, fully approving the Sandpoint
NAA LMP with all control measures in place. Therefore, a fully approved
LMP is in place and no further submittal is required from the State to
address the partial disapproval.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and the EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
[[Page 20003]]
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 3, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate Matter, and Reporting and recordkeeping
requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 18, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart N--Idaho
0
2. Section 52.670 is amended by:
0
a. In paragraph (c) by removing the entry for ``City of Sandpoint
Ordinance No. 965'' and adding in its place the following entry for
``City of Sandpoint Chapter 8 Air Quality (4-8-1 through 4-8-14).''
0
b. In paragraph (d) by removing the entry for ``Louisiana Pacific
Corporation, Sandpoint, Idaho.''
0
c. In paragraph (e) by adding an entry to the end of the table.
The additions read as follows:
Sec. 52.670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Idaho Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
City and County Ordinances
----------------------------------------------------------------------------------------------------------------
* * * * * * *
City of Sandpoint Chapter 8 Air Solid Fuel Heating 09/21/11 (City 04/03/13.......... Codified version
Quality (4-8-1 through 4-8-14). Appliances. adoption date). [Insert page of City of
number where the Sandpoint
document begins]. Ordinance No. 965
as amended by
Ordinance No.
1237 and
Ordinance No.
1258. Sandpoint
PM10 Limited
Maintenance Plan.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or non- State EPA approval date Comments
attainment area Submittal date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Sandpoint PM10 Nonattainment Area Bonner County: 12/14/2011 04/03/2013..........
Limited Maintenance Plan. Sandpoint Area. [Insert page number
where the document
begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 20004]]
* * * * *
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.313, the table entitled ``Idaho-PM-10'' is amended by
revising the entry for ``Bonner County: Sandpoint Area'' to read as
follows:
Sec. 81.313 Idaho.
* * * * *
Idaho-PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -------------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Bonner County: Sandpoint Area: Section 06/3/13 Attainment
1-3, 9-12, 15, 16, 21, 22, 27, 28 of
range 2 west and Township 57 north;
and the western [frac34] of Sections
14, 23 and 26 of the same Township
and range coordinates.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-07647 Filed 4-2-13; 8:45 am]
BILLING CODE 6560-50-P
