Approval and Promulgation of State Implementation Plans; Idaho: Portneuf Valley PM10, 41647-41649 [2014-16760]
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Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Rules and Regulations
the Federal Register on July 2, 2014 (79
FR 37644). In the direct final rule, EPA
stated that if adverse comments were
received by August 1, 2014, the direct
final rule would be withdrawn and not
take effect. EPA received adverse
comments on that direct final rule. EPA
will address those comments in any
subsequent final action, based upon the
proposed rulemaking action, which was
published in the Federal Register on
July 2, 2014 (79 FR 37704).
List of Subjects in 40 CFR Part 13
Environmental protection,
Administrative practice and procedure,
Claims, Debt collection, Government
employees, Garnishment of wages,
Hearing and appeal procedures,
Salaries, Wages.
Authority: 5 U.S.C. 552a, 5512, and 5514;
31 U.S.C. 3701; 31 U.S.C. 3711 et seq. and
3720A; 31 U.S.C. 3720D; 31 CFR 285.11; 31
CFR parts 900–904.
Dated: July 10, 2014.
Jeanne Conklin,
Acting Director Office of Financial
Management.
PART 13—CLAIMS COLLECTION
STANDARDS
Accordingly, the amendment to
subpart I published in the Federal
Register on July 2, 2014 (79 FR 37644)
on page 37646 is withdrawn effective
July 17, 2014.
[FR Doc. 2014–16808 Filed 7–16–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2014–0388 FRL–9913–84–
Region 10]
Approval and Promulgation of State
Implementation Plans; Idaho: Portneuf
Valley PM10 Maintenance Plan
Amendment to the Motor Vehicle
Emissions Budgets
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the State of Idaho (Idaho
or the State) on April 21, 2014, to
amend the Portneuf Valley maintenance
plan for particulate matter with an
aerodynamic diameter less than or equal
to a nominal 10 micrometers (PM10).
The SIP revision updates the on-road
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SUMMARY:
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motor vehicle emissions inventory and
motor vehicle emissions budgets
(MVEBs) using the EPA’s Motor Vehicle
Emissions Simulator (MOVES2010b)
and the most recent road dust emission
factors. This rulemaking action
approves the SIP revision and thereby
makes the MVEBs available for
transportation conformity purposes. The
EPA is approving this SIP revision
because it is consistent with the Clean
Cir Act (CAA).
DATES: This rule is effective on
September 15, 2014, without further
notice, unless the EPA receives adverse
comment by August 18, 2014. If the EPA
receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2014–0388, by any of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: pepple.karl@epa.gov.
• Mail: Karl Pepple, U.S. EPA Region
10, Office of Air, Waste and Toxics
(AWT–107), 1200 Sixth Avenue, Suite
900, Seattle, WA 98101.
• Hand Delivery/Courier: U.S. EPA
Region 10, 1200 Sixth Avenue, Suite
900, Seattle, WA 98101. Attention: Karl
Pepple, Office of Air, Waste and Toxics,
AWT–107. Such deliveries are only
accepted during normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2014–
0388. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
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41647
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. 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. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics, U.S.
EPA Region 10, 1200 Sixth Avenue,
Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT: Karl
Pepple at telephone number: (206) 553–
1778, email address: pepple.karl@
epa.gov, or the above EPA, Region 10
address.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background for This Action
In 2004, Idaho requested that the EPA
redesignate the Portneuf Valley area
from nonattainment to attainment for
PM10 and submitted a maintenance plan
(2004 maintenance plan) that
demonstrated attainment of the PM10
NAAQS through 2020. The EPA
approved Idaho’s submittal on July 13,
2006 (71 FR 39574). The 2004
maintenance plan included an on-road
motor vehicle emissions inventory and
MVEBs for PM10, volatile organic
compounds (VOC) and nitrogen oxides
(NOX).
The MVEBs serve as a ceiling on
emissions from an area’s planned
transportation system. Under section
176(c) of the CAA, transportation plans
and projects must ‘‘conform’’ to (i.e., be
consistent with) the SIP before they can
be adopted or approved. Conformity to
the SIP means that transportation
activities will not cause new air quality
violations, worsen existing air quality
violations, or delay timely attainment of
the NAAQS or delay an interim
milestone. The MVEB is the mechanism
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Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Rules and Regulations
II. The EPA’s Evaluation of Idaho’s SIP
Revision
Idaho’s SIP revision changed only the
on-road motor vehicle emissions in the
2004 maintenance plan. The SIP
revision updated the on-road vehicle
emissions inventory and the MVEBs
using MOVES2010b and the 2011 AP–
42 paved road dust emissions factors
and used the latest planning
assumptions. Idaho explained that the
point and area source emissions in the
2004 maintenance plan remained
unchanged. The growth assumptions
remained valid as did the control
strategy assumptions for categories other
than on-road vehicles. However, Idaho
documented major changes in sand
usage for wintertime antiskid treatments
since the analysis used in the 2004
maintenance plan and this change
resulted in a significant reduction in
paved road dust emissions estimates as
calculated using the 2011 AP–42 paved
road dust method. As a result of the
updated modeling and planning
assumptions, the on-road emissions
inventory has lower estimates for direct
PM10 emissions and higher estimates for
NOX and VOC emissions than the
existing on-road emissions inventory
did. The EPA notes that the increases in
emissions estimates for NOX and VOC
are not due to increases in emissions
from on-road motor vehicles, but rather
because MOVES2010 provides more
accurate emissions estimates than the
MOBILE6 model did.
To assess the maximum effect of the
updated modeling and planning
assumptions on net PM10 emissions in
the airshed, Idaho used a 100%
conversion rate for NOX to ammonium
nitrate to compare the updated on-road
emissions inventory to the existing
MVEBs. Based on this analysis, the net
PM10 calculated emissions were lower
in the updated on-road emissions
inventory than in the existing MVEBs.
Although the results of the analysis
showed greater PM10 emissions in the
updated on-road emissions inventory
from secondary particle formation than
in the existing MVEBs, it showed lower
PM10 emissions from directly emitted
PM10. Thus, Idaho concluded that the
reductions in paved road dust emissions
estimates were greater than the
increases that occurred from the
MOBILE6 to MOVES2010b modeling
changes.
As provided for in the transportation
conformity rule (40 CFR 93.124(a)),
Idaho developed updated MVEBs by
adding a safety margin to the updated
on-road emissions inventory estimates.
The safety margin was calculated from
the difference in emissions between the
updated on-road emissions inventory
and the existing MVEBs.2 Idaho
demonstrated that the net PM10
calculated emissions in the updated and
existing MVEBs were equivalent. The
updated MVEBs for the years 2011 and
2020 are shown in the table below.
1 For information on paved road dust emission
factors, see AP–42, chapter 13, section 2.1, https://
www.epa.gov/ttn/chief/ap42/#toc.
2 Idaho added a 3.1% safety margin to the on-road
emissions estimates for the 2011 MVEB and a
31.5% safety margin for the 2020 MVEB.
pmangrum on DSK3VPTVN1PROD with RULES
the EPA has identified for carrying out
the demonstration of consistency with
the SIP. For more information about
MVEBs see the preamble to the
November 24, 1993, transportation
conformity rule (58 FR 62188).
In the 2004 maintenance plan, the onroad motor vehicle emissions inventory
and MVEBs were developed using the
EPA’s motor vehicle emission factor
model, MOBILE6, and paved road dust
emissions factors calculated with the
1995 version of the EPA’s AP–42,
Compilation of Air Pollutant Emission
Factors (AP–42).1 Throughout this
document, we refer to the on-road
vehicle emissions inventory and MVEBs
in the 2004 maintenance plan as the
‘‘existing’’ on-road vehicle emissions
inventory and MVEBs.
On March 2, 2010 (75 FR 9411), the
EPA published a notice of availability of
the MOVES2010 model for use in
developing MVEBs for SIPs and for
conducting transportation conformity
analyses. The MOVES2010 model is the
EPA’s state of the art tool for estimating
highway emissions. The EPA
subsequently released two minor model
revisions: MOVES2010a in September
2010, and MOVES2010b in April 2012.
On February 4, 2011 (76 FR 6328), the
EPA announced an update to the AP–42
method for estimating paved road dust
emissions (2011 AP–42). MOVES2010
and the 2011 AP–42 paved road dust
emissions factors are required to be used
in new regional emissions analyses for
transportation conformity
determinations in the Portneuf Valley
PM10 maintenance area. Idaho and the
Bannock Transportation Planning
Organization examined how the new
methods would affect future
transportation conformity
determinations. Idaho opted to submit a
SIP revision to update the existing
MVEBs with MOVES2010b, the 2011
AP–42 paved road dust emission
factors, and the latest planning
assumptions. The EPA received Idaho’s
SIP revision on April 21, 2014.
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UPDATED MVEBS FOR THE PORTNEUF
VALLEY PM10 AREA
[Tons per year]
Year
2011 ..................
2020 ..................
PM10
415
498
NOX
1,364
856
VOC
903
651
The EPA evaluated the updated onroad vehicle emission inventory and the
MVEBs in Idaho’s SIP revision and
concluded that the SIP continues to
demonstrate its purpose of maintaining
the PM10 NAAQS through the year 2020
because the total PM10 emissions from
on-road vehicles in the SIP revision are
equivalent to the total PM10 emissions
from on-road vehicles in the 2004
maintenance plan.
III. Final Action
The EPA is taking direct final action
to approve the SIP revision submitted
on April 21, 2014, by the State of Idaho
to the Portneuf Valley PM10
Maintenance Plan. The SIP revision
includes MVEBs that were developed
with the MOVES2010b model the 2011
AP–42 paved road dust emission
factors. Upon the effective date of our
approval, the MOBILE6-based budgets
in the existing SIP will no longer be
applicable for transportation conformity
purposes.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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
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Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Rules and Regulations
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 CAA; 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 it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 15, 2014. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
the EPA can withdraw this direct final
rule and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxides, Particulate
Matter, Reporting and recordkeeping
requirements, and Volatile organic
compounds.
Dated: July 2, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart N—Idaho
2. Section 52.670 is amended in
paragraph (e) by adding two entries to
the end of the table to read as follows:
■
§ 52.670
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP
provision
Applicable
geographic or
nonattainment area
*
*
*
Portneuf Valley PM10 Nonattainment Area Plan
and Maintenance Plan ................................................
Portneuf Valley PM10 Maintenance Plan—Revision ......
*
Portneuf Valley ..................
*
Portneuf Valley ..................
04/21/14
3. Section 52.672 is amended by
adding paragraph (e)(2) to read as
follows:
EPA approval date
*
71 FR 39574 .....................
Comments
*
07/17/14 [Insert page number where the document
begins].
NATIONAL TRANSPORTATION
SAFETY BOARD
[FR Doc. 2014–16760 Filed 7–16–14; 8:45 am]
Approval of plans.
*
pmangrum on DSK3VPTVN1PROD with RULES
7/13/06
and Maintenance Plan that was
approved at 71 FR 39574 (July 13, 2006).
*
*
*
*
*
■
§ 52.672
State submittal
date
*
*
*
*
(e) * * *
(2) The EPA approves as a revision to
the Idaho State Implementation Plan,
the Portneuf Valley PM10 Maintenance
Plan Amendment submitted by the State
on April 21, 2011, revising the Portneuf
Valley PM10 Nonattainment Area Plan
49 CFR Part 821
BILLING CODE 6560–50–P
[Docket No. NTSB–GC–2011–0001]
RIN 3147–AA00
Rules of Practice in Air Safety
Proceedings; Correction
National Transportation Safety
Board (NTSB or Board).
ACTION: Final rule; correction.
AGENCY:
The NTSB is correcting a final
rule published October 16, 2012, which
SUMMARY:
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Agencies
[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Rules and Regulations]
[Pages 41647-41649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16760]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2014-0388 FRL-9913-84-Region 10]
Approval and Promulgation of State Implementation Plans; Idaho:
Portneuf Valley PM10 Maintenance Plan Amendment to the Motor
Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a State Implementation Plan (SIP) revision
submitted by the State of Idaho (Idaho or the State) on April 21, 2014,
to amend the Portneuf Valley maintenance plan for particulate matter
with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM10). The SIP revision updates the on-road
motor vehicle emissions inventory and motor vehicle emissions budgets
(MVEBs) using the EPA's Motor Vehicle Emissions Simulator (MOVES2010b)
and the most recent road dust emission factors. This rulemaking action
approves the SIP revision and thereby makes the MVEBs available for
transportation conformity purposes. The EPA is approving this SIP
revision because it is consistent with the Clean Cir Act (CAA).
DATES: This rule is effective on September 15, 2014, without further
notice, unless the EPA receives adverse comment by August 18, 2014. If
the EPA receives adverse comment, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2014-0388, by any of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: pepple.karl@epa.gov.
Mail: Karl Pepple, U.S. EPA Region 10, Office of Air,
Waste and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA
98101.
Hand Delivery/Courier: U.S. EPA Region 10, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. Attention: Karl Pepple, Office of
Air, Waste and Toxics, AWT-107. Such deliveries are only accepted
during normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2014-0388. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. 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. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Office of Air, Waste
and Toxics, U.S. EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT: Karl Pepple at telephone number: (206)
553-1778, email address: pepple.karl@epa.gov, or the above EPA, Region
10 address.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background for This Action
In 2004, Idaho requested that the EPA redesignate the Portneuf
Valley area from nonattainment to attainment for PM10 and
submitted a maintenance plan (2004 maintenance plan) that demonstrated
attainment of the PM10 NAAQS through 2020. The EPA approved
Idaho's submittal on July 13, 2006 (71 FR 39574). The 2004 maintenance
plan included an on-road motor vehicle emissions inventory and MVEBs
for PM10, volatile organic compounds (VOC) and nitrogen
oxides (NOX).
The MVEBs serve as a ceiling on emissions from an area's planned
transportation system. Under section 176(c) of the CAA, transportation
plans and projects must ``conform'' to (i.e., be consistent with) the
SIP before they can be adopted or approved. Conformity to the SIP means
that transportation activities will not cause new air quality
violations, worsen existing air quality violations, or delay timely
attainment of the NAAQS or delay an interim milestone. The MVEB is the
mechanism
[[Page 41648]]
the EPA has identified for carrying out the demonstration of
consistency with the SIP. For more information about MVEBs see the
preamble to the November 24, 1993, transportation conformity rule (58
FR 62188).
In the 2004 maintenance plan, the on-road motor vehicle emissions
inventory and MVEBs were developed using the EPA's motor vehicle
emission factor model, MOBILE6, and paved road dust emissions factors
calculated with the 1995 version of the EPA's AP-42, Compilation of Air
Pollutant Emission Factors (AP-42).\1\ Throughout this document, we
refer to the on-road vehicle emissions inventory and MVEBs in the 2004
maintenance plan as the ``existing'' on-road vehicle emissions
inventory and MVEBs.
---------------------------------------------------------------------------
\1\ For information on paved road dust emission factors, see AP-
42, chapter 13, section 2.1, https://www.epa.gov/ttn/chief/ap42/#toc.
---------------------------------------------------------------------------
On March 2, 2010 (75 FR 9411), the EPA published a notice of
availability of the MOVES2010 model for use in developing MVEBs for
SIPs and for conducting transportation conformity analyses. The
MOVES2010 model is the EPA's state of the art tool for estimating
highway emissions. The EPA subsequently released two minor model
revisions: MOVES2010a in September 2010, and MOVES2010b in April 2012.
On February 4, 2011 (76 FR 6328), the EPA announced an update to the
AP-42 method for estimating paved road dust emissions (2011 AP-42).
MOVES2010 and the 2011 AP-42 paved road dust emissions factors are
required to be used in new regional emissions analyses for
transportation conformity determinations in the Portneuf Valley
PM10 maintenance area. Idaho and the Bannock Transportation
Planning Organization examined how the new methods would affect future
transportation conformity determinations. Idaho opted to submit a SIP
revision to update the existing MVEBs with MOVES2010b, the 2011 AP-42
paved road dust emission factors, and the latest planning assumptions.
The EPA received Idaho's SIP revision on April 21, 2014.
II. The EPA's Evaluation of Idaho's SIP Revision
Idaho's SIP revision changed only the on-road motor vehicle
emissions in the 2004 maintenance plan. The SIP revision updated the
on-road vehicle emissions inventory and the MVEBs using MOVES2010b and
the 2011 AP-42 paved road dust emissions factors and used the latest
planning assumptions. Idaho explained that the point and area source
emissions in the 2004 maintenance plan remained unchanged. The growth
assumptions remained valid as did the control strategy assumptions for
categories other than on-road vehicles. However, Idaho documented major
changes in sand usage for wintertime antiskid treatments since the
analysis used in the 2004 maintenance plan and this change resulted in
a significant reduction in paved road dust emissions estimates as
calculated using the 2011 AP-42 paved road dust method. As a result of
the updated modeling and planning assumptions, the on-road emissions
inventory has lower estimates for direct PM10 emissions and
higher estimates for NOX and VOC emissions than the existing
on-road emissions inventory did. The EPA notes that the increases in
emissions estimates for NOX and VOC are not due to increases
in emissions from on-road motor vehicles, but rather because MOVES2010
provides more accurate emissions estimates than the MOBILE6 model did.
To assess the maximum effect of the updated modeling and planning
assumptions on net PM10 emissions in the airshed, Idaho used
a 100% conversion rate for NOX to ammonium nitrate to
compare the updated on-road emissions inventory to the existing MVEBs.
Based on this analysis, the net PM10 calculated emissions
were lower in the updated on-road emissions inventory than in the
existing MVEBs. Although the results of the analysis showed greater
PM10 emissions in the updated on-road emissions inventory
from secondary particle formation than in the existing MVEBs, it showed
lower PM10 emissions from directly emitted PM10.
Thus, Idaho concluded that the reductions in paved road dust emissions
estimates were greater than the increases that occurred from the
MOBILE6 to MOVES2010b modeling changes.
As provided for in the transportation conformity rule (40 CFR
93.124(a)), Idaho developed updated MVEBs by adding a safety margin to
the updated on-road emissions inventory estimates. The safety margin
was calculated from the difference in emissions between the updated on-
road emissions inventory and the existing MVEBs.\2\ Idaho demonstrated
that the net PM10 calculated emissions in the updated and
existing MVEBs were equivalent. The updated MVEBs for the years 2011
and 2020 are shown in the table below.
---------------------------------------------------------------------------
\2\ Idaho added a 3.1% safety margin to the on-road emissions
estimates for the 2011 MVEB and a 31.5% safety margin for the 2020
MVEB.
Updated MVEBs for the Portneuf Valley PM10 Area
[Tons per year]
------------------------------------------------------------------------
Year PM10 NOX VOC
------------------------------------------------------------------------
2011......................................... 415 1,364 903
2020......................................... 498 856 651
------------------------------------------------------------------------
The EPA evaluated the updated on-road vehicle emission inventory
and the MVEBs in Idaho's SIP revision and concluded that the SIP
continues to demonstrate its purpose of maintaining the PM10
NAAQS through the year 2020 because the total PM10 emissions
from on-road vehicles in the SIP revision are equivalent to the total
PM10 emissions from on-road vehicles in the 2004 maintenance
plan.
III. Final Action
The EPA is taking direct final action to approve the SIP revision
submitted on April 21, 2014, by the State of Idaho to the Portneuf
Valley PM10 Maintenance Plan. The SIP revision includes
MVEBs that were developed with the MOVES2010b model the 2011 AP-42
paved road dust emission factors. Upon the effective date of our
approval, the MOBILE6-based budgets in the existing SIP will no longer
be applicable for transportation conformity purposes.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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
[[Page 41649]]
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 CAA; 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 it will not impose substantial direct costs on tribal
governments or preempt tribal law.
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 15, 2014. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that the EPA
can withdraw this direct final rule and address the comment in the
proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxides, Particulate Matter, Reporting and
recordkeeping requirements, and Volatile organic compounds.
Dated: July 2, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 in paragraph (e) by adding two entries to
the end of the table to read as follows:
Sec. 52.670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Comments
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Portneuf Valley PM10 Portneuf Valley..... 7/13/06 71 FR 39574......... .................
Nonattainment Area Plan
and Maintenance Plan............
Portneuf Valley PM10 Maintenance Portneuf Valley..... 04/21/14 07/17/14 [Insert .................
Plan--Revision. page number where
the document
begins].
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.672 is amended by adding paragraph (e)(2) to read as
follows:
Sec. 52.672 Approval of plans.
* * * * *
(e) * * *
(2) The EPA approves as a revision to the Idaho State
Implementation Plan, the Portneuf Valley PM10 Maintenance
Plan Amendment submitted by the State on April 21, 2011, revising the
Portneuf Valley PM10 Nonattainment Area Plan and Maintenance
Plan that was approved at 71 FR 39574 (July 13, 2006).
* * * * *
[FR Doc. 2014-16760 Filed 7-16-14; 8:45 am]
BILLING CODE 6560-50-P