Air Plan Approval; ID, Crop Residue Burning; Revision to Ozone Requirement, 2955-2957 [2018-01039]
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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Proposed Rules
Office of Air and Waste (OAW–150),
Environmental Protection Agency,
Region 10, 1200 Sixth Ave., Suite 900,
Seattle, WA 98101; telephone number:
206–553–1999, email address:
ruddick.randall@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is
intended to refer to the EPA.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2017–0566: FRL–9973–
21—Region 10]
Air Plan Approval; ID, Crop Residue
Burning; Revision to Ozone
Requirement
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the portions of Idaho’s State
Implementation Plan (SIP) related to
agricultural crop residue burning. The
Director of the Idaho Department of
Environmental Quality (IDEQ)
submitted the revisions to EPA on
September 22, 2017. IDEQ
supplemented the original submission
with photochemical modeling analyses
on October 23, 2017. The revisions
change the ambient ozone concentration
level at which IDEQ may approve a
permittee’s request to burn. EPA is
proposing to approve the revisions
because they satisfy the requirements of
the Clean Air Act. This action is being
taken under section 110 of the Clean Air
Act (the Act or CAA).
DATES: Written comments must be
received on or before February 21, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2017–0566, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Randall Ruddick, Air Planning Unit,
SUMMARY:
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Table of Contents:
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I. Background
A. Idaho’s Crop Residue Burning Program
B. Idaho’s Proposed SIP Revision
C. 2015 Ozone NAAQS Background
II. EPA’s Review of Idaho’s Submittal
A. Summary of Idaho’s Demonstration
B. Clean Air Act § 110(l) Requirements
III. EPA’s Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
A. Idaho’s Crop Residue Burning
Program
Idaho’s regulations at Idaho
Administrative Procedures Act (IDAPA)
58.01.01.617 through 624 contain the
federally-approved State
Implementation Plan (SIP) provisions
regulating open burning of crop residue
in Idaho. These rules were approved by
EPA on August 1, 2008, (73 FR 44915)
and were submitted to EPA in response
to the Ninth Circuit Court of Appeals
decision in Safe Air for Everyone v.
USEPA, 475 F.3d 1096, amended 488
F.3d 1088 (9th Cir 2007). More
information regarding the Ninth Circuit
Court of Appeals decision and the
federally-approved requirements for
crop residue burning can be found in
EPA’s proposed and final actions on the
state’s 2008 SIP submittal. 73 FR 23155
(April 29, 2008) and 73 FR 44915
(August 1, 2008).
In 2013, EPA approved revisions
related to Idaho’s open burning and
crop residue burning requirements that
established a streamlined permitting
process for spot burns, baled
agricultural residue burns, and propane
flaming. The revisions also made minor
changes to the existing crop residue
burning rules to update cross references
and clarify certain administrative
information. More information
regarding the revisions EPA approved in
2013 can be found in EPA’s proposed
and final actions on the state’s 2011 SIP
submittal. 78 FR 2359 (January 11, 2013)
and 78 FR 16790 (March 19, 2013).
Idaho’s federally-approved crop
residue burning rules at IDAPA
58.01.01.617 currently provide that the
open burning of crop residue on fields
where the crops were grown is an
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2955
allowable form of open burning if
conducted in accordance with the
provisions at IDAPA 58.01.01.618
through 624. In brief, these rules require
that a person desiring to burn crop
residue must register at least thirty days
in advance of the date of the proposed
burn, pay a fee at least seven days prior
to the burn, contact the IDEQ for initial
approval at least 12 hours prior to the
burn, obtain final approval from the
IDEQ the morning of the burn, and
submit a post-burn report to the IDEQ.
In addition, all persons intending to
dispose of crop residue through burning
must abide by all of the general
provisions in IDAPA 58.01.01.622
which covers such items as training
requirements, reporting requirements,
and certain limitations on burning.
The criteria according to which IDEQ
may approve a request to burn crop
residue are delineated in IDAPA
58.01.01.621. Importantly, the federally
approved version currently in Idaho’s
SIP requires that IDEQ, before approving
a permittee’s request to burn, determine
that ambient air quality levels do not
exceed seventy-five percent of any
NAAQS concentration level on the day
when the burning will occur and are not
projected to exceed such level over the
next 24 hours. In addition, IDEQ must
determine that ambient air quality levels
have not reached, and are not forecasted
to reach and persist at, eighty percent of
the one-hour action criteria for
particulate matter under IDAPA
58.01.01.556.1 Thus, IDEQ will not
approve a burn if these levels are
expected to be exceeded as a result of
the burn. In determining whether to
approve the burn, IDEQ must also
consider the expected emissions from
the proposed burn, the proximity of the
proposed burn to other burns, the
moisture content of the fuels, the
acreage, crop type and other fuel
characteristics, existing and expected
meteorological conditions, the
proximity of the proposed burn to
institutions with sensitive populations,
public roadways, and airports, and other
relevant factors. See IDAPA
58.01.01.621.01. IDEQ must also notify
the public as to whether a given day is
a burn or no-burn day; the location and
number of acres permitted to be burned;
meteorological conditions and any real
time ambient air quality monitoring
data, and a toll-free number to receive
request for information. IDAPA
58.01.01.623.
1 The current one-hour action criteria under
IDAPA 58.01.01.556 is an average of 80 mg/m3 for
PM2.5 and an average of 385 ug/m3 for PM10.
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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Proposed Rules
B. Idaho’s Proposed SIP Revision
On September 22, 2017, Idaho
submitted a SIP revision request to EPA.
This SIP submittal contains one change
to the federally-approved crop residue
burning rules. Specifically, the
September 22, 2017, SIP submittal
revises the ozone concentration level at
which IDEQ may authorize
(authorization level) agricultural crop
residue burning (CRB) at IDAPA
58.01.01.621.01 and Idaho Code 39–114
(codification of Idaho Senate Bill 1009,
Section 3) from seventy-five to ninety
percent of the Ozone NAAQS. This
revision does not change the
authorization levels for any other
NAAQS and all other CRB requirements
remain unchanged.
IDEQ submitted this revision after
concluding that an authorization level
of seventy-five percent of the Ozone
NAAQS was problematic because it
prohibited IDEQ from allowing burning
on what would otherwise be a desirable
day to burn from a smoke management
perspective—when smoke would rise
well into the transport layer and
disperse well. IDEQ asserts burning on
days when smoke dispersion is better
will further limit negative impacts on
public health.
In the September 22, 2017, submittal,
the IDEQ described the process for
making the rule changes and noted that
the changes were drafted in conjunction
with negotiated rulemaking involving
persons having an interest in the
development of this rule. IDEQ’s
negotiated rulemaking process 2 did not
result in a consensus regarding the SIP
revisions Idaho submitted on September
22, 2017.
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C. 2015 Ozone NAAQS Background
On October 1, 2015, EPA signed a
notice of final rulemaking that revised
the 8-hour primary and secondary
Ozone NAAQS (80 FR 65292; October
26, 2015). While both standards retain
the same general form and averaging
time (annual fourth-highest daily
maximum 8-hour average concentration,
averaged over three years 3), they were
lowered from 0.075 parts per million
(ppm) to a level of 0.070 ppm.4 The
revised 2015 Ozone NAAQS provides
greater protection of public health and
the environment than the previous 2008
Ozone NAAQS.
2 Idaho’s negotiated rulemaking process is
described in Section 67–5220, Idaho Code and
IDAPA 04.11.01.810 through 819.
3 See 80 FR 65296; October 26, 2015, for a
detailed explanation of the calculation of the 3-year
8-hour average and 40 CFR part 50, Appendix U.
4 These levels are commonly referred to in parts
per billion (ppb): 75 ppb and 70 ppb, respectively.
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Following promulgation of a new or
revised NAAQS, EPA is required by
section 107(d)(1) of the CAA to
designate areas throughout the United
States as attainment, nonattainment, or
unclassifiable for the NAAQS.
Nonattainment areas include both areas
that are violating the NAAQS, and
nearby areas with emissions sources or
activities that contribute to violations in
those areas. States with areas designated
nonattainment are required to prepare
and submit a plan for attaining the
NAAQS in the area as expeditiously as
practicable.
On November 6, 2017, EPA issued
final designations for the 2015 Ozone
NAAQS for most areas in the United
States. Specifically, we found that Idaho
meets the standard statewide and issued
a final designation of ‘‘attainment/
unclassifiable’’ for Idaho statewide. This
final designation became effective
January 16, 2018.
level to ninety percent of the Ozone
NAAQS concentration would result in a
violation of the NAAQS and concluded
that Idaho would continue to attain the
Ozone NAAQS at this higher
authorization level. EPA’s analysis of
Idaho’s demonstration is included in
our Technical Support Document
(Docket R10–OAR–2017–0566, 101_
Technical Support Document_ID 2017
CRB Ozone Revision.pdf) and elsewhere
in this Notice.
B. Clean Air Act § 110(l) Requirements
Approvals to revisions of SIPs are
subject to the requirements of CAA
§ 110(l). Under section 110(l), the
Administrator may not approve a SIP
revision ‘‘if the revision would interfere
with any applicable requirements
concerning attainment and reasonable
further progress, or any other applicable
requirement of [the Act].’’
We considered all of the NAAQS
pollutants and determined the most
II. EPA’s Review of Idaho’s Submittal
relevant pollutants for this evaluation
are PM2.5, PM10, and ozone. PM and
A. Summary of Idaho’s Demonstration
ozone are relevant because the EPA’s
Idaho submitted a ‘‘Weight of
recent review of the NAAQS for these
Evidence’’ demonstration containing
pollutants resulted in more stringent
multiple analyses of ozone monitoring
standards (78 FR 3085, January 15,
data; they also submitted photochemical 2013; and 80 FR 65292; October 26,
modeling to demonstrate that the
2015). There are no nonattainment areas
proposed SIP revision would not
for carbon monoxide, sulfur dioxide,
interfere with attainment of the 2015
nitrogen dioxide or lead. AQS data
Ozone NAAQS. (See Docket EPA–R10_
show the levels for these pollutants are
OAR–2017–0566: 002_state submittals_ well below the standards.
Weight of Evidence SIP narrative CRBO3
Idaho’s CRB ozone authorization level
crop residue burning ozone.pdf and
SIP revision does not affect a change in
004_state submittals_2017ACQ100 final Idaho’s Regional Haze SIP (approved
CRB Ozone Modeling SIP amendment
November 8, 2012, 77 FR 66929)
Report EPA submittal.pdf respectively.) because it does not change or impose a
Idaho’s demonstration uses several
limit on the quantity of light impairing
different approaches to evaluate existing pollutants emitted from crop residue
ozone monitoring data from 2011
burning. Idaho’s 5-Year Progress Report,
through 2015 to attempt to quantify the
submitted June 28, 2016, demonstrates
impacts of crop residue burning during
visibility improvement at all three of the
that period upon ambient ozone
Class I area monitoring sites, Craters of
concentrations. Through this
the Moon National Monument,
methodology, it attempts to demonstrate Sawtooth Wilderness, and Selwaythat the range of ambient impacts from
Bitterroot Wilderness. Current regional
historic crop residue burning have not
haze plan strategies are sufficient for
exceeded levels that would be expected Idaho and its neighboring states to meet
to cause a violation of the 2015 Ozone
their reasonable progress goals.
NAAQS. Idaho’s demonstration further
Our findings in the 2008 approval (73
provides that the universe of sources
FR 23155, April 29, 2008) that CRB was
participating in the crop residue
not the cause of PM nonattainment
burning program is stable and that
issues are still valid. The same
ozone precursor emissions under the
reasoning applies to the West Silver
proposed revised SIP will not increase
Valley nonattainment area as well.
even though there is no provision in the Residential wood combustion in the
SIP which explicitly limits the scope of
cold, winter months during atmospheric
CRB either in terms of a limit on acres
inversions is most responsible for
burned or emissions generated by the
elevated particulate matter in these
practice. Finally, Idaho supplemented
areas. Prescribed burning in the late
its ‘‘Weight of Evidence’’ demonstration autumn and early spring also
with a photochemical modeling
contributes substantially. The CRB
demonstration that evaluated whether
authorization level and control
increasing the SIP’s CRB authorization
measures specific to PM2.5 and PM10 are
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not changing under this proposed SIP
revision. The revision will not interfere
in attainment or reasonable further
progress or any other applicable
requirement with respect to either PM
NAAQS.
To address 110(l) requirement for
ozone, we reviewed Idaho’s ‘‘Weight of
Evidence’’ demonstration submitted
September 22, 2017, and their
supplemental modeling analyses
submitted October 23, 2017. Based on
our review of Idaho’s modeling and
monitor data analyses we conclude that
the proposed revision to Idaho’s CRB
ozone authorization level will not
interfere with attainment or reasonable
further progress with the 2015 Ozone
NAAQS or any other applicable CAA
requirement.
Section 107(d)(1)(A)(i) of the CAA
defines a ‘‘nonattainment area’’ as ‘‘any
area that does not meet (or that
contributes to ambient air quality in a
nearby area that does not meet) the
national primary or secondary ambient
air quality standard for the pollutant.’’
If an area meets either prong of this
definition, then the EPA is obligated to
designate the area as ‘‘nonattainment.’’
There are no areas designated as
nonattainment for ozone in the state of
Idaho (82 FR 54232, November 16,
2017), in part, because we do not
believe Idaho is contributing to
violations of the 2015 Ozone NAAQS in
other states.
III. EPA’s Proposed Action
We have reviewed Idaho’s
demonstration that revising the CRB
ozone authorization level from seventyfive percent to ninety percent of the
Ozone NAAQS is still protective of the
NAAQS, will not result in an increase
of emissions, and will not interfere with
attainment of the 2015 Ozone NAAQS.
We believe Idaho adequately justified its
conclusions with respect to each of
these. EPA’s approval decision is based
primarily on the photochemical
modeling with secondary reliance on
the weight of evidence demonstration
put forth by Idaho. See Docket R10–
OAR–2017–0566, 101_Technical
Support Document_ID 2017 CRB Ozone
Revision.pdf for details on our review of
the state submittal. Based on the
information provided by Idaho, as
discussed in our Technical Support
Document, we propose to approve
Idaho’s SIP revision and amend the
authorization level for CRB to 90% of
the Ozone NAAQS. Authorization levels
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for CRB in Idaho’s SIP will remain at
75% for all other NAAQS.
Under CAA section 110(k), EPA is
proposing to approve revisions to
Idaho’s SIP requested in their
September 22, 2017, SIP submittal.
Moreover, based on the factors
discussed above, we also conclude that
approval of the SIP submittal will not
interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable requirement of the Clean Air
Act.
IV. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
Idaho regulations for Burn Approval
Criteria at IDAPA 58.01.01.621.01 and
Idaho Code 39–114, State Effective
February 28, 2018, discussed in Section
I.B. of the preamble. EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 10 Office (please contact the
person identified in the ‘‘For Further
Information Contact’’ section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed 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 proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• does not impose an information
collection burden under the provisions
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2957
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 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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 11, 2018.
Chris Hladick,
Regional Administrator, EPA Region 10.
[FR Doc. 2018–01039 Filed 1–19–18; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Proposed Rules]
[Pages 2955-2957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01039]
[[Page 2955]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2017-0566: FRL-9973- 21--Region 10]
Air Plan Approval; ID, Crop Residue Burning; Revision to Ozone
Requirement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the portions of Idaho's State Implementation Plan
(SIP) related to agricultural crop residue burning. The Director of the
Idaho Department of Environmental Quality (IDEQ) submitted the
revisions to EPA on September 22, 2017. IDEQ supplemented the original
submission with photochemical modeling analyses on October 23, 2017.
The revisions change the ambient ozone concentration level at which
IDEQ may approve a permittee's request to burn. EPA is proposing to
approve the revisions because they satisfy the requirements of the
Clean Air Act. This action is being taken under section 110 of the
Clean Air Act (the Act or CAA).
DATES: Written comments must be received on or before February 21,
2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0566, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Randall Ruddick, Air Planning Unit,
Office of Air and Waste (OAW-150), Environmental Protection Agency,
Region 10, 1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone
number: 206-553-1999, email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' are used, it is intended to refer to the EPA.
Table of Contents:
I. Background
A. Idaho's Crop Residue Burning Program
B. Idaho's Proposed SIP Revision
C. 2015 Ozone NAAQS Background
II. EPA's Review of Idaho's Submittal
A. Summary of Idaho's Demonstration
B. Clean Air Act Sec. 110(l) Requirements
III. EPA's Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
A. Idaho's Crop Residue Burning Program
Idaho's regulations at Idaho Administrative Procedures Act (IDAPA)
58.01.01.617 through 624 contain the federally-approved State
Implementation Plan (SIP) provisions regulating open burning of crop
residue in Idaho. These rules were approved by EPA on August 1, 2008,
(73 FR 44915) and were submitted to EPA in response to the Ninth
Circuit Court of Appeals decision in Safe Air for Everyone v. USEPA,
475 F.3d 1096, amended 488 F.3d 1088 (9th Cir 2007). More information
regarding the Ninth Circuit Court of Appeals decision and the
federally-approved requirements for crop residue burning can be found
in EPA's proposed and final actions on the state's 2008 SIP submittal.
73 FR 23155 (April 29, 2008) and 73 FR 44915 (August 1, 2008).
In 2013, EPA approved revisions related to Idaho's open burning and
crop residue burning requirements that established a streamlined
permitting process for spot burns, baled agricultural residue burns,
and propane flaming. The revisions also made minor changes to the
existing crop residue burning rules to update cross references and
clarify certain administrative information. More information regarding
the revisions EPA approved in 2013 can be found in EPA's proposed and
final actions on the state's 2011 SIP submittal. 78 FR 2359 (January
11, 2013) and 78 FR 16790 (March 19, 2013).
Idaho's federally-approved crop residue burning rules at IDAPA
58.01.01.617 currently provide that the open burning of crop residue on
fields where the crops were grown is an allowable form of open burning
if conducted in accordance with the provisions at IDAPA 58.01.01.618
through 624. In brief, these rules require that a person desiring to
burn crop residue must register at least thirty days in advance of the
date of the proposed burn, pay a fee at least seven days prior to the
burn, contact the IDEQ for initial approval at least 12 hours prior to
the burn, obtain final approval from the IDEQ the morning of the burn,
and submit a post-burn report to the IDEQ. In addition, all persons
intending to dispose of crop residue through burning must abide by all
of the general provisions in IDAPA 58.01.01.622 which covers such items
as training requirements, reporting requirements, and certain
limitations on burning.
The criteria according to which IDEQ may approve a request to burn
crop residue are delineated in IDAPA 58.01.01.621. Importantly, the
federally approved version currently in Idaho's SIP requires that IDEQ,
before approving a permittee's request to burn, determine that ambient
air quality levels do not exceed seventy-five percent of any NAAQS
concentration level on the day when the burning will occur and are not
projected to exceed such level over the next 24 hours. In addition,
IDEQ must determine that ambient air quality levels have not reached,
and are not forecasted to reach and persist at, eighty percent of the
one-hour action criteria for particulate matter under IDAPA
58.01.01.556.\1\ Thus, IDEQ will not approve a burn if these levels are
expected to be exceeded as a result of the burn. In determining whether
to approve the burn, IDEQ must also consider the expected emissions
from the proposed burn, the proximity of the proposed burn to other
burns, the moisture content of the fuels, the acreage, crop type and
other fuel characteristics, existing and expected meteorological
conditions, the proximity of the proposed burn to institutions with
sensitive populations, public roadways, and airports, and other
relevant factors. See IDAPA 58.01.01.621.01. IDEQ must also notify the
public as to whether a given day is a burn or no-burn day; the location
and number of acres permitted to be burned; meteorological conditions
and any real time ambient air quality monitoring data, and a toll-free
number to receive request for information. IDAPA 58.01.01.623.
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\1\ The current one-hour action criteria under IDAPA
58.01.01.556 is an average of 80 [micro]g/m\3\ for PM2.5
and an average of 385 ug/m\3\ for PM10.
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[[Page 2956]]
B. Idaho's Proposed SIP Revision
On September 22, 2017, Idaho submitted a SIP revision request to
EPA. This SIP submittal contains one change to the federally-approved
crop residue burning rules. Specifically, the September 22, 2017, SIP
submittal revises the ozone concentration level at which IDEQ may
authorize (authorization level) agricultural crop residue burning (CRB)
at IDAPA 58.01.01.621.01 and Idaho Code 39-114 (codification of Idaho
Senate Bill 1009, Section 3) from seventy-five to ninety percent of the
Ozone NAAQS. This revision does not change the authorization levels for
any other NAAQS and all other CRB requirements remain unchanged.
IDEQ submitted this revision after concluding that an authorization
level of seventy-five percent of the Ozone NAAQS was problematic
because it prohibited IDEQ from allowing burning on what would
otherwise be a desirable day to burn from a smoke management
perspective--when smoke would rise well into the transport layer and
disperse well. IDEQ asserts burning on days when smoke dispersion is
better will further limit negative impacts on public health.
In the September 22, 2017, submittal, the IDEQ described the
process for making the rule changes and noted that the changes were
drafted in conjunction with negotiated rulemaking involving persons
having an interest in the development of this rule. IDEQ's negotiated
rulemaking process \2\ did not result in a consensus regarding the SIP
revisions Idaho submitted on September 22, 2017.
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\2\ Idaho's negotiated rulemaking process is described in
Section 67-5220, Idaho Code and IDAPA 04.11.01.810 through 819.
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C. 2015 Ozone NAAQS Background
On October 1, 2015, EPA signed a notice of final rulemaking that
revised the 8-hour primary and secondary Ozone NAAQS (80 FR 65292;
October 26, 2015). While both standards retain the same general form
and averaging time (annual fourth-highest daily maximum 8-hour average
concentration, averaged over three years \3\), they were lowered from
0.075 parts per million (ppm) to a level of 0.070 ppm.\4\ The revised
2015 Ozone NAAQS provides greater protection of public health and the
environment than the previous 2008 Ozone NAAQS.
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\3\ See 80 FR 65296; October 26, 2015, for a detailed
explanation of the calculation of the 3-year 8-hour average and 40
CFR part 50, Appendix U.
\4\ These levels are commonly referred to in parts per billion
(ppb): 75 ppb and 70 ppb, respectively.
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Following promulgation of a new or revised NAAQS, EPA is required
by section 107(d)(1) of the CAA to designate areas throughout the
United States as attainment, nonattainment, or unclassifiable for the
NAAQS. Nonattainment areas include both areas that are violating the
NAAQS, and nearby areas with emissions sources or activities that
contribute to violations in those areas. States with areas designated
nonattainment are required to prepare and submit a plan for attaining
the NAAQS in the area as expeditiously as practicable.
On November 6, 2017, EPA issued final designations for the 2015
Ozone NAAQS for most areas in the United States. Specifically, we found
that Idaho meets the standard statewide and issued a final designation
of ``attainment/unclassifiable'' for Idaho statewide. This final
designation became effective January 16, 2018.
II. EPA's Review of Idaho's Submittal
A. Summary of Idaho's Demonstration
Idaho submitted a ``Weight of Evidence'' demonstration containing
multiple analyses of ozone monitoring data; they also submitted
photochemical modeling to demonstrate that the proposed SIP revision
would not interfere with attainment of the 2015 Ozone NAAQS. (See
Docket EPA-R10_OAR-2017-0566: 002_state submittals_Weight of Evidence
SIP narrative CRBO3 crop residue burning ozone.pdf and 004_state
submittals_2017ACQ100 final CRB Ozone Modeling SIP amendment Report EPA
submittal.pdf respectively.) Idaho's demonstration uses several
different approaches to evaluate existing ozone monitoring data from
2011 through 2015 to attempt to quantify the impacts of crop residue
burning during that period upon ambient ozone concentrations. Through
this methodology, it attempts to demonstrate that the range of ambient
impacts from historic crop residue burning have not exceeded levels
that would be expected to cause a violation of the 2015 Ozone NAAQS.
Idaho's demonstration further provides that the universe of sources
participating in the crop residue burning program is stable and that
ozone precursor emissions under the proposed revised SIP will not
increase even though there is no provision in the SIP which explicitly
limits the scope of CRB either in terms of a limit on acres burned or
emissions generated by the practice. Finally, Idaho supplemented its
``Weight of Evidence'' demonstration with a photochemical modeling
demonstration that evaluated whether increasing the SIP's CRB
authorization level to ninety percent of the Ozone NAAQS concentration
would result in a violation of the NAAQS and concluded that Idaho would
continue to attain the Ozone NAAQS at this higher authorization level.
EPA's analysis of Idaho's demonstration is included in our Technical
Support Document (Docket R10-OAR-2017-0566, 101_Technical Support
Document_ID 2017 CRB Ozone Revision.pdf) and elsewhere in this Notice.
B. Clean Air Act Sec. 110(l) Requirements
Approvals to revisions of SIPs are subject to the requirements of
CAA Sec. 110(l). Under section 110(l), the Administrator may not
approve a SIP revision ``if the revision would interfere with any
applicable requirements concerning attainment and reasonable further
progress, or any other applicable requirement of [the Act].''
We considered all of the NAAQS pollutants and determined the most
relevant pollutants for this evaluation are PM2.5,
PM10, and ozone. PM and ozone are relevant because the EPA's
recent review of the NAAQS for these pollutants resulted in more
stringent standards (78 FR 3085, January 15, 2013; and 80 FR 65292;
October 26, 2015). There are no nonattainment areas for carbon
monoxide, sulfur dioxide, nitrogen dioxide or lead. AQS data show the
levels for these pollutants are well below the standards.
Idaho's CRB ozone authorization level SIP revision does not affect
a change in Idaho's Regional Haze SIP (approved November 8, 2012, 77 FR
66929) because it does not change or impose a limit on the quantity of
light impairing pollutants emitted from crop residue burning. Idaho's
5-Year Progress Report, submitted June 28, 2016, demonstrates
visibility improvement at all three of the Class I area monitoring
sites, Craters of the Moon National Monument, Sawtooth Wilderness, and
Selway-Bitterroot Wilderness. Current regional haze plan strategies are
sufficient for Idaho and its neighboring states to meet their
reasonable progress goals.
Our findings in the 2008 approval (73 FR 23155, April 29, 2008)
that CRB was not the cause of PM nonattainment issues are still valid.
The same reasoning applies to the West Silver Valley nonattainment area
as well. Residential wood combustion in the cold, winter months during
atmospheric inversions is most responsible for elevated particulate
matter in these areas. Prescribed burning in the late autumn and early
spring also contributes substantially. The CRB authorization level and
control measures specific to PM2.5 and PM10 are
[[Page 2957]]
not changing under this proposed SIP revision. The revision will not
interfere in attainment or reasonable further progress or any other
applicable requirement with respect to either PM NAAQS.
To address 110(l) requirement for ozone, we reviewed Idaho's
``Weight of Evidence'' demonstration submitted September 22, 2017, and
their supplemental modeling analyses submitted October 23, 2017. Based
on our review of Idaho's modeling and monitor data analyses we conclude
that the proposed revision to Idaho's CRB ozone authorization level
will not interfere with attainment or reasonable further progress with
the 2015 Ozone NAAQS or any other applicable CAA requirement.
Section 107(d)(1)(A)(i) of the CAA defines a ``nonattainment area''
as ``any area that does not meet (or that contributes to ambient air
quality in a nearby area that does not meet) the national primary or
secondary ambient air quality standard for the pollutant.'' If an area
meets either prong of this definition, then the EPA is obligated to
designate the area as ``nonattainment.'' There are no areas designated
as nonattainment for ozone in the state of Idaho (82 FR 54232, November
16, 2017), in part, because we do not believe Idaho is contributing to
violations of the 2015 Ozone NAAQS in other states.
III. EPA's Proposed Action
We have reviewed Idaho's demonstration that revising the CRB ozone
authorization level from seventy-five percent to ninety percent of the
Ozone NAAQS is still protective of the NAAQS, will not result in an
increase of emissions, and will not interfere with attainment of the
2015 Ozone NAAQS. We believe Idaho adequately justified its conclusions
with respect to each of these. EPA's approval decision is based
primarily on the photochemical modeling with secondary reliance on the
weight of evidence demonstration put forth by Idaho. See Docket R10-
OAR-2017-0566, 101_Technical Support Document_ID 2017 CRB Ozone
Revision.pdf for details on our review of the state submittal. Based on
the information provided by Idaho, as discussed in our Technical
Support Document, we propose to approve Idaho's SIP revision and amend
the authorization level for CRB to 90% of the Ozone NAAQS.
Authorization levels for CRB in Idaho's SIP will remain at 75% for all
other NAAQS.
Under CAA section 110(k), EPA is proposing to approve revisions to
Idaho's SIP requested in their September 22, 2017, SIP submittal.
Moreover, based on the factors discussed above, we also conclude that
approval of the SIP submittal will not interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable requirement of the Clean Air Act.
IV. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Idaho regulations for Burn Approval Criteria at IDAPA
58.01.01.621.01 and Idaho Code 39-114, State Effective February 28,
2018, discussed in Section I.B. of the preamble. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 10 Office (please contact the
person identified in the ``For Further Information Contact'' section of
this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed 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 proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 11, 2018.
Chris Hladick,
Regional Administrator, EPA Region 10.
[FR Doc. 2018-01039 Filed 1-19-18; 8:45 am]
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