Air Plan Approval; ID, Pinehurst PM10, 21976-21983 [2018-09992]
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21976
Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Proposed Rules
2017 (incorporated by reference; see
§ 625.4(d)).
(4) AASHTO LRFD Movable Highway
Bridge Design Specifications, 2nd
Edition, AASHTO, 2007, with 2008,
2010, 2011, 2012, 2014, and 2015
Interim Revisions, (incorporated by
reference; see § 625.4(d)).
(5) AASHTO/AWS D1.5M/D1.5:2015
Bridge Welding Code, 7th Edition,
AASHTO, 2016 (incorporated by
reference; see § 625.4(d)).
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(7) Standard Specifications for
Structural Supports for Highway Signs,
Luminaires, and Traffic Signals, 6th
Edition, AASHTO, 2013, with 2015
Interim Revisions (incorporated by
reference; see § 625.4(d)).
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(c) Materials.
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(2) Standard Specifications for
Transportation Materials and Methods
of Sampling and Testing, and AASHTO
Provisional Standards, AASHTO, 2017.
(incorporated by reference, see
§ 625.4(d)(1)).
(3) Quality Assurance Procedures for
Construction, refer to 23 CFR part 637,
subpart B.
(d) * * *
(1) * * *
(ii) A Policy on Design Standards—
Interstate System, May 2016.
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(iv) AASHTO LRFD Bridge
Construction Specifications, 4th
Edition, 2017.
(v) AASHTO LRFD Bridge Design
Specifications, 8th Edition, 2017.
(vi) AASHTO LRFD Movable
Highway Bridge Design Specifications,
2nd Edition, 2007; with 2008, 2010,
2011, 2012, 2014, and 2015 Interim
Revisions.
(vii) AASHTO/AWS D1.5M/D1.5:
2015 Bridge Welding Code, 7th Edition,
2016.
(viii) Standard Specifications for
Structural Supports for Highway Signs,
Luminaires, and Traffic Signals, 6th
Edition, 2013; with 2015 Interim
Revisions.
(ix) Standard Specifications for
Transportation Materials and Methods
of Sampling and Testing, and AASHTO
Provisional Standards, AASHTO, 2017.
(2) American Welding Society (AWS),
8669 NW 36 Street, # 130 Miami, FL
33166–6672; www.aws.org; or (800)
443–9353 or (305) 443–9353.
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[FR Doc. 2018–09609 Filed 5–10–18; 8:45 am]
BILLING CODE 4910–22–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R10–OAR–2017–0582; FRL–9977–
96—Region 10]
Air Plan Approval; ID, Pinehurst PM10
Redesignation, Limited Maintenance
Plan; West Silver Valley 2012 Annual
PM2.5 Emission Inventory
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On September 29, 2017, the
Idaho Department of Environmental
Quality (IDEQ) submitted a
redesignation request and limited
maintenance plan (LMP) for particulate
matter with an aerodynamic diameter
less than or equal to ten micrometers
(PM10) for the PM10 National Ambient
Air Quality Standard (NAAQS)
developed for the Pinehurst PM10
Nonattainment Area (NAA) and
Pinehurst PM10 Expansion
Nonattainment Area (NAA). The
redesignation request asserts that the
area meets the Clean Air Act (CAA)
requirements for redesignation
identified in section 107(d)(3)(E). This
limited maintenance plan for these
contiguous nonattainment areas
addresses maintenance of the PM10
standard for a ten-year period beyond
redesignation. The Environmental
Protection Agency (EPA) proposes to
approve this IDEQ Implementation Plan
(SIP) revision. The EPA also proposes to
approve the September 15, 2013, high
wind exceptional event at the Pinehurst
monitoring station. Additionally, the
EPA is proposing to approve the
emissions inventory for the West Silver
Valley annual PM2.5 NAA.
DATES: Written comments must be
received on or before June 11, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2017–0582, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The 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. The EPA will generally not
SUMMARY:
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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:
Justin Spenillo, 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:
206–553–6125, email address:
spenillo.justin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is
intended to refer to the EPA.
Table of Contents
I. This Action
II. Background
A. PM10 NAAQS
B. Pinehurst PM10 NAA and Planning
Background
III. Requirements for Redesignation
A. CAA Requirements for Redesignation of
Nonattainment Area
B. The LMP Option for PM10
Nonattainment Areas
C. Conformity Under the LMP Option
IV. Review of the Idaho Submittal
Addressing the Requirements for
Redesignation and LMPs
A. Has the Pinehurst PM10 NAA attained
the applicable NAAQS?
B. Does the Pinehurst PM10 NAA have a
fully approved SIP under section 110(k)
of the CAA?
C. Has the IDEQ met all applicable
requirements under section 110 and Part
D of the CAA?
D. Has the IDEQ demonstrated that the air
quality improvement is due to
permanent and enforceable reductions?
E. Does the area have a fully approved
maintenance plan pursuant to section
175A of the CAA?
F. Has the IDEQ demonstrated that the
Pinehurst PM10 NAA qualifies for the
LMP Option?
G. Does the IDEQ have an approved
attainment emissions inventory which
can be used to demonstrate attainment of
the NAAQS?
H. Does the LMP include an assurance of
continued operation of an appropriate
EPA-approved air quality monitoring
network, in accordance with 40 CFR part
58?
I. Does the plan meet the clean air act
requirements for contingency
provisions?
J. How is conformity treated under a
limited maintenance plan?
V. 2013 p.m.10 High Wind Exceptional Event
VI. West Silver Valley 2012 Annual PM2.5
Emission Inventory
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A. Requirements for Emissions Inventories
B. West Silver Valley PM2.5 Base Year
Emissions Inventory
C. EPA’s Evaluation
VII. Proposed Action
VIII. Statutory and Executive Order Reviews
I. This Action
The EPA is proposing to approve the
limited maintenance plan (LMP)
submitted by the Idaho Department of
Environmental Quality (IDEQ) on
September 29, 2017, for the Pinehurst
PM10 Nonattainment Area (NAA) and
Pinehurst PM10 Expansion NAA and to
concurrently redesignate the areas to
attainment for the PM10 National
Ambient Air Quality Standard
(NAAQS). Throughout this notice,
Pinehurst PM10 NAA shall refer to both
the original Pinehurst PM10 NAA and
Pinehurst PM10 Expansion NAA unless
noted otherwise. The EPA has reviewed
air quality data for the area and
determined that the Pinehurst NAA
attained the PM10 NAAQS by the
required attainment date, and that
monitoring data continue to show
attainment. The EPA is proposing to
approve exclusion of data from a high
wind exceptional event on September
15, 2013, that impacted PM10 values at
the Pinehurst monitor as they are
needed to meet the LMP criteria.
Separately, the EPA is proposing to
approve the base year emission
inventory for the West Silver Valley
(WSV) PM2.5 NAA in the Silver Valley,
Idaho.
sradovich on DSK3GMQ082PROD with PROPOSALS
II. Background
A. PM10 NAAQS
‘‘Particulate matter,’’ also known as
particle pollution or PM, is a complex
mixture of extremely small particles and
liquid droplets. The size of particles is
directly linked to their potential for
causing health problems. The EPA is
concerned about particles that are 10
micrometers in diameter or smaller
because those are the particles that
generally pass through the throat and
nose and enter the lungs. Once inhaled,
these particles can affect the heart and
lungs and can cause serious adverse
health effects. People with heart or lung
diseases, children and older adults are
the most likely to be affected by particle
pollution exposure. Healthy individuals
may also experience temporary
symptoms from exposure to elevated
levels of particle pollution.
On July 1, 1987, the EPA promulgated
a NAAQS for 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
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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).
B. Pinehurst PM10 NAA and Planning
Background
On July 1, 1987, the EPA promulgated
the PM10 NAAQS (52 FR 24634) and on
August 7, 1987, the EPA identified the
Pinehurst area as a ‘‘Group I’’ area with
a strong likelihood of violating the
NAAQS (52 FR 29383). On March 15,
1991, the EPA published a notice
announcing that the Pinehurst area had
been designated a PM10 NAA upon the
November 15, 1990 enactment of the
1990 CAA Amendments. In this notice,
the EPA identified that the IDEQ needed
to develop and submit by November 15,
1991, a plan that would bring the area
into attainment by no later than
December 31, 1994 (56 FR 11101). On
November 6, 1991, the Pinehurst PM10
NAA, which included the City of
Pinehurst, was classified as moderate
under sections 107(d)(4)(B) and 188(a)
of the CAA (56 FR 56694), and it had
an attainment date of no later than
December 31, 1994. On December 21,
1993, the EPA designated the Pinehurst
PM10 Expansion NAA, a contiguous area
to the south of the City of Pinehurst and
the existing Pinehurst PM10 NAA; the
action became effective January 20, 1994
(58 FR 67334). The Pinehurst Expansion
area had an attainment date no later
than December 31, 2000. These two
nonattainment areas, while contiguous
and share common planning elements,
have separate timing requirements and
are considered separate nonattainment
areas.
After these designations to
nonattainment for the Pinehurst PM10
NAA, the IDEQ worked with the
community of Pinehurst to develop a
plan to bring the Pinehurst PM10 NAA
into attainment. The IDEQ submitted a
plan for the Pinehurst PM10 NAA, both
the original and expansion areas, to the
EPA on April 14, 1992, as a moderate
PM10 State Implementation Plan (SIP)
under section 189(a) of the CAA. The
IDEQ’s submitted plan addressed PM10
reductions through a suite of measures
aimed at reducing wood smoke,
primarily through a program to replace
woodstoves with cleaner burning
devices. The EPA conditionally
approved the IDEQ’s moderate PM10 SIP
applicable to the City of Pinehurst on
August 25, 1994 (59 FR 43745) and
conditionally approved the revisions
applicable to the Pinehurst PM10
Expansion area on May 26, 1995 (60 FR
27891). Both plans were conditionally
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approved because these areas had failed
to submit contingency measures. The
IDEQ submitted a contingency plan
covering both areas on July 13, 1995,
which the EPA subsequently approved
on October 2, 2014 (79 FR 59435). On
August 23, 2001, the EPA published a
finding that the two areas had attained
the PM10 standard by their respective
attainment dates (66 FR 44304).
The IDEQ prepared a LMP for the
Pinehurst PM10 NAA and provided
notice and an opportunity for public
comment on the proposed plan. On
September 29, 2017, the IDEQ submitted
the Pinehurst PM10 LMP to EPA for
approval and has requested that the EPA
redesignate the Pinehurst NAA to
attainment for the PM10 NAAQS.
III. Requirements for Redesignation
A. CAA Requirements for Redesignation
of Nonattainment Area
A nonattainment area can be
redesignated to attainment after the area
has measured air quality data showing
the NAAQS has been attained and when
certain planning requirements are met.
Section 107(d)(3)(E) of the CAA, and the
General Preamble to Title I provide the
criteria for redesignation (57 FR 13498,
April 16, 1992). These criteria are
further clarified in a policy and
guidance memorandum from John
Calcagni, Director, Air Quality
Management Division, EPA Office of Air
Quality Planning and Standards dated
September 4, 1992, entitled ‘‘Procedures
for Processing Requests to Redesignate
Areas to Attainment’’ (Calcagni memo).
The criteria for redesignation are:
1. The Administrator has determined
that the area has attained the applicable
NAAQS;
2. The Administrator has fully
approved the applicable SIP for the area
under section 110(k) of the CAA;
3. The state has met all requirements
applicable to the area under section 110
and part D of the CAA;
4. The Administrator has determined
that the improvement in air quality is
due to permanent and enforceable
reductions in emissions; and
5. The Administrator has fully
approved a maintenance plan for the
area as meeting the requirements of
section 175A of the CAA.
B. The LMP Option for PM10
Nonattainment Areas
On August 9, 2001, the EPA issued
guidance on streamlined maintenance
plan provisions for certain moderate
PM10 nonattainment areas seeking
redesignation to attainment (Memo from
Lydia Wegman, Director, Air Quality
Standards and Strategies Division,
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entitled ‘‘Limited Maintenance Plan
Option for Moderate PM10
Nonattainment Areas’’ (LMP Option
memo)). The LMP Option memo
contains a statistical demonstration that
areas meeting certain air quality criteria
will, with a high degree of probability,
maintain the standard 10 years into the
future. Thus, the EPA has already
provided the maintenance
demonstration for areas meeting the
criteria outlined in the LMP Option
memo. It follows that future year
emission inventories for these areas, and
some of the standard analyses to
determine transportation conformity
with the SIP are no longer necessary.
To qualify for the LMP Option, the
area should have attained the PM10
NAAQS and, based upon the most
recent five years of air quality data at all
monitors in the area, the 24-hour design
value should be at or below 98 mg/m3.
If an area cannot meet this test, it may
still be able to qualify for the LMP
Option if the average design value
(ADV) for the site is less than the sitespecific critical design value (CDV). In
addition, the area should expect only
limited growth in on-road motor vehicle
PM10 emissions (including fugitive dust)
and should have passed a motor vehicle
regional emissions analysis test. The
LMP Option memo also identifies core
provisions that must be included in the
LMP. These provisions include an
attainment year emissions inventory,
assurance of continued operation of an
EPA-approved air quality monitoring
network, and contingency provisions.
C. Conformity Under the LMP Option
The transportation conformity rule
and the general conformity rule (40 CFR
parts 51 and 93) apply to nonattainment
areas and maintenance areas covered by
an approved maintenance plan. Under
either conformity rule, an acceptable
method of demonstrating that a Federal
action conforms to the applicable SIP is
to demonstrate that expected emissions
from the planned action are consistent
with the emissions budget for the area.
While EPA’s LMP Option does not
exempt an area from the need to affirm
conformity, it explains that the area may
demonstrate conformity without
conforming to an emissions budget.
Under the LMP Option, emissions
budgets are treated as essentially not
constraining for the length of the
maintenance period because it is
unreasonable to expect that the
qualifying areas would experience so
much growth in that period that a
violation of the PM10 NAAQS would
result. For transportation conformity
purposes, the EPA would conclude that
emissions in these areas need not be
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capped for the maintenance period and
therefore a regional emissions analysis
would not be required. Similarly,
Federal actions subject to the general
conformity rule could be considered to
satisfy the ‘‘budget test’’ specified in 40
CFR 93.158(a)(5)(i)(A) for the same
reasons that the budgets are essentially
considered to be unlimited.
IV. Review of the Idaho Submittal
Addressing the Requirements for
Redesignation and LMPs
A. Has the Pinehurst PM10 NAA
attained the applicable NAAQS?
To demonstrate that an area has
attained the PM10 NAAQS, the IDEQ
must submit an analysis of ambient air
quality data from an ambient air
monitoring network representing peak
PM10 concentrations. The data should
be quality-assured and stored in the
EPA Air Quality System database. The
EPA has reviewed air quality data for
the area and has determined that the
Pinehurst NAA attained the PM10
NAAQS 1 by the applicable attainment
dates of December 31, 1994 for the City
of Pinehurst and December 31, 2000 for
the Pinehurst PM10 Expansion area, and
they continue to attain the PM10
NAAQS. EPA’s analysis is described
below.
The 24-hour PM10 NAAQS is 150 mg/
m3. An area has attained this 24-hour
standard when the average number of
expected exceedances per year is less
than or equal to one, when averaged
over a three-year period (40 CFR 50.6).
To make this determination, three
consecutive years of complete ambient
air quality data must be collected in
accordance with Federal requirements
(40 CFR part 58 including appendices).
A comprehensive air quality
monitoring plan, meeting the
requirements of 40 CFR part 58, was
originally submitted by the IDEQ to the
EPA on January 15, 1980, and approved
by the EPA on July 28, 1982 (40 CFR
52.670), and most recently submitted in
June 2017, with approval by the EPA on
November 8, 2017. The monitoring plan
describes the Idaho monitoring network
throughout the state, which includes the
Pinehurst Idaho monitor (AQS ID 16–
079–0017–81102–3). In the LMP
submittal, the IDEQ states that the
nonattainment designation was based
on data collected at the Pinehurst
monitoring site. With the exception of
three high wind exceptional events, a
review of data shows that PM10 3-year
average expected exceedances recorded
1 Because the annual PM
10 standard was revoked
effective December 18, 2006, see 71 FR 61144
(October 17, 2006), this notice discusses only
attainment of the 24-hour PM10 standard.’’
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at this site have been less than or equal
to the 24-hour PM10 NAAQS since 1994.
In addition, the IDEQ states that the
Pinehurst monitoring site is operated in
compliance with the EPA monitoring
guidelines set forth in 40 CFR part 58,
Ambient Air Quality Surveillance.
Data from the Pinehurst monitoring
site has been quality assured by the
IDEQ and submitted to the EPA’s Air
Quality System (AQS), accessible
through the EPA’s AirData website at
https://www.epa.gov/outdoor-airquality-data. To show attainment for the
24-hour PM10 NAAQS the three-year
design value must be less than or equal
to 1.0 expected number of exceedances,
as established in Appendix K to 40 CFR
part 50. The Pinehurst monitoring site
recorded exceedances in 2013 and 2015
and the IDEQ flagged these exceedances
as being the result of exceptional events
where unusually high winds entrained
dust. Under the EPA’s Exceptional
Events Rule, the Agency may exclude
data from a regulatory determination
related to an exceedance or violation of
the NAAQS if the IDEQ adequately
demonstrates that an exceptional event
caused the exceedance or violation. 40
CFR 50.1 and 50.14. For the reasons set
forth in the IDEQ’s Pinehurst PM10 2013
High Wind Exceptional Event
concurrence letter and analysis (March
2, 2017), the EPA excluded data
showing an exceedance on September
15, 2013, in determining whether the
Pinehurst NAA has attained the PM10
NAAQS. The concurrence letter
explains how the IDEQ met the
Exceptional Event Rule criteria to
demonstrate that the September 15,
2013 exceedance qualifies as an
exceptional event. Based on this
demonstration, the IDEQ’s submission
demonstrates that the Pinehurst PM10
NAA’s expected number of exceedances
was 0.67 for 2013–15, which is below
the 1.0 upper limit. The EPA confirmed
that the area continues to be less than
or equal to the 1.0 expected number
exceedances with the 2014–16 value
being 0.7. The EPA therefore finds that
the area was not violating the PM10
NAAQS.
B. Does the Pinehurst PM10 NAA have
a fully approved SIP under section
110(k) of the CAA?
To qualify for redesignation, the SIP
for an area must be fully approved
under section 110(k) of the CAA, and
must satisfy all requirements that apply
to the area. As discussed in Section II.B.
above, the IDEQ submitted a moderate
PM10 SIP for the Pinehurst PM10 NAA
on April 14, 1992. The EPA took final
action to conditionally approve the
IDEQ’s moderate PM10 SIP on August
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25, 1994 (59 FR 43745) for the City of
Pinehurst and to conditionally approve
the IDEQ’s moderate PM10 SIP on May
26, 1995 (60 FR 27891) for the Pinehurst
PM10 Expansion area. These conditional
approvals required submission of
contingency measures. Accordingly, the
IDEQ submitted the contingency plan
applicable to the entire Pinehurst PM10
NAA as required by the conditional
approvals on July 13, 1995. With the
EPA’s approval on October 2, 2014 (79
FR 59435), the Pinehurst PM10 NAA
satisfied all requirements that apply to
the area and thus the area has a fully
approved nonattainment area SIP under
section 110(k) of the CAA.
C. Has the IDEQ met all applicable
requirements under section 110 and
Part D of the CAA?
Section 107(d)(3)(E) of the CAA
requires that a state containing an NAA
meet all applicable requirements under
section 110 and Part D of the CAA for
the area to be redesignated to
attainment. The EPA interprets this to
mean that the IDEQ must meet all
requirements that applied to the area
prior to, and at the time of, the
submission of a complete redesignation
request. The following is a summary of
how Idaho meets these requirements.
sradovich on DSK3GMQ082PROD with PROPOSALS
1. Clean Air Act Section 110
Requirements
Section 110(a)(2) of the CAA contains
general requirements for nonattainment
plans. These requirements include, but
are not limited to: Submittal of a SIP
that has been adopted by the IDEQ after
reasonable notice and public hearing;
provisions for establishment and
operation of appropriate apparatus,
methods, systems and procedures
necessary to monitor ambient air
quality; implementation of a permit
program; provisions for Part C—
Prevention of Significant Deterioration
(PSD) and Part D—New Source Review
(NSR) permit programs; criteria for
stationary source emission control
measures, monitoring and reporting;
provisions for modeling; and provisions
for public and local agency
participation. See the General Preamble
for further explanation of these
requirements (57 FR 13498, April 16,
1992). The EPA’s approval of Idaho’s
SIP for attainment and maintenance of
national standards can be found at 40
CFR 52.673. For purposes of
redesignation of the Pinehurst PM10
NAA, the EPA has reviewed the IDEQ
SIP and finds that the IDEQ has satisfied
all applicable requirements under CAA
section 110(a)(2) for the PM10 NAAQS.
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2. Part D Requirements
Part D of the CAA contains general
requirements applicable to all areas
designated nonattainment. The general
requirements are followed by a series of
subparts specific to each pollutant. All
PM10 nonattainment areas must meet
the general provisions of Subpart 1 and
the specific PM10 provisions in Subpart
4, ‘‘Additional Provisions for Particulate
Matter Nonattainment Areas.’’ The
following paragraphs discuss these
requirements as they apply to the
Pinehurst PM10 NAA.
2a. Part D, Section 172(c)(2)—
Reasonable Further Progress
Section 172(c) contains general
requirements for NAA plans. A
thorough discussion of these
requirements may be found in the
General Preamble (57 FR 13538, April
16, 1992). CAA section 172(c)(2)
requires nonattainment plans to provide
for reasonable further progress (RFP).
Section 171(1) of the CAA defines RFP
as ‘‘such annual incremental reductions
in emissions of the relevant air pollutant
as are required by this part (part D of
title I) or may reasonably be required by
the Administrator for the purpose of
ensuring attainment of the applicable
national ambient air quality standard by
the applicable date.’’ The requirements
for reasonable further progress,
identification of certain emissions
increases and other measures needed for
attainment were satisfied with the
approved Pinehurst PM10 NAA SIP (59
FR 43745 and 60 FR 27891). In its
August 23, 2001 action (66 FR 44304),
the EPA determined that the Pinehurst
NAA attained the 24-hour PM10 NAAQS
by the December 31, 1994 and December
31, 2000, attainment dates. Therefore,
the EPA believes no further showing of
RFP or quantitative milestones is
necessary.
2b. Part D, Section 172(c)(3)—Emissions
Inventory
For redesignation, section 172(c)(3) of
CAA requires a comprehensive,
accurate, current inventory of actual
emissions from all sources in the
Pinehurst PM10 NAA. The IDEQ
included an emissions inventory for the
Pinehurst area for the year 2013 in the
September 29, 2017 submittal. The
IDEQ used 2013 as a base year for the
emissions inventory, including data
from the 2014 periodic emission
inventory (PEI), as the IDEQ determined
that it is representative of emissions
during the five-year period associated
with air quality data demonstrating
attainment. The IDEQ has demonstrated
that the 2013 base year emissions
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inventory is current, accurate, and
comprehensive, and therefore meets the
requirements of section 172(c)(3) of the
CAA.
2c. Part D, Section 172(c)(5)—New
Source Review (NSR)
The CAA requires all nonattainment
areas to meet several requirements
regarding NSR. The IDEQ must have an
approved major NSR program that meets
the requirements of CAA section
172(c)(5). The Part D NSR rules for PM10
nonattainment areas in Idaho were
approved by the EPA on July 23, 1993
(58 FR 39445) and amended on January
16, 2003 (68 FR 2217). Revisions to
Idaho’s NSR rules were most recently
approved by the EPA on November 26,
2010 (75 FR 72719). Within the
boundaries of the Pinehurst PM10 NAA,
the requirements of the Part D NSR
program will be replaced by the IDEQ’s
Prevention of Significant Deterioration
(PSD) program requirements upon the
effective date of redesignation. The
currently approved NSR provisions
meet the requirements of 172(c)(5) and
therefore this condition for proposed
redesignation is satisfied.
2d. Part D, Section 172(c)(7)—
Compliance With CAA Section
110(a)(2): Air Quality Monitoring
Requirements
Once an area is redesignated, the
IDEQ must continue to operate an
appropriate air monitoring network in
accordance with 40 CFR part 58 to
verify the attainment status of the area.
On January 15, 1980, the IDEQ
submitted a comprehensive air quality
monitoring plan, intended to meet the
requirements of 40 CFR part 58. The
EPA approved the plan on July 28, 1982
(40 CFR 52.760). This monitoring plan
has been updated, with the most recent
submittal in June 2017, with approval
by the EPA on November 8, 2017. The
monitoring plan describes the PM10
monitoring network throughout Idaho,
including the Pinehurst monitoring site.
The Pinehurst monitoring site is
operated in compliance with the EPA
monitoring guidelines set forth in 40
CFR part 58, Ambient Air Quality
Surveillance. In addition, the Pinehurst
PM10 NAA LMP submittal provides a
commitment to continue operation of
the PM10 monitoring network in
accordance with 40 CFR part 58, and to
annually verify continued attainment of
the 24-hour PM10 NAAQS in Pinehurst
through the Annual Ambient Air
Monitoring Network Plan. Any changes
to the monitoring site will be made via
the Annual Ambient Air Monitoring
Network Plan or formal communication.
The currently approved monitoring plan
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and associated program meet the
requirements of 172(c)(7) and therefore
this condition for proposed
redesignation is satisfied.
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2e. Part D, Section 172(c)(9)—
Contingency Measures
The CAA requires that contingency
measures take effect if an area fails to
meet RFP requirements or fails to attain
the NAAQS by the applicable
attainment date. On August 23, 2001,
the EPA determined that the Pinehurst
NAA attained the PM10 NAAQS by the
applicable attainment dates of December
31, 1994 and December 31, 2000 (66 FR
44304). Therefore, attainment planning
contingency measures are no longer
required under section 172(c)(9) of the
CAA. However, maintenance plan
contingency provisions are required for
maintenance plans under section
175(a)(d). Please see section IV.I. for a
description of Idaho’s maintenance plan
contingency provisions.
2f. Part D, Section 189(a), (c) and (e)—
Additional Provisions for Particulate
Matter Nonattainment Areas
CAA sections 189(a), (c) and (e) apply
to moderate PM10 nonattainment areas.
Any of these requirements which were
applicable and due prior to the
submission of the redesignation request
must be fully approved into the SIP
before redesignating the area to
attainment. With respect to the
Pinehurst NAA, these requirements
include:
(a) Provisions to assure that
reasonably available control measures
were implemented by December 31,
1994 and December 31, 2000 (section
189(a)(1)(C));
(b) Either a demonstration that the
plan provided for attainment as
expeditiously as practicable but not
later than December 31, 1994 and
December 31, 2000, or a demonstration
that attainment by that date was
impracticable (section 189(a)(1)(B));
(c) Quantitative milestones which
were achieved every three years and
which demonstrate RFP toward
attainment by December 31, 1994 and
December 31, 2000 (section 189(c)(1));
and
(d) Provisions to assure that the
control requirements applicable to
major stationary sources of PM10 also
apply to major stationary sources of
PM10 precursors except where the
Administrator determined that such
sources do not contribute significantly
to PM10 levels which exceed the
NAAQS in the area (section 189(e)).
Provisions for reasonably available
control measures, attainment
demonstration, and RFP milestones
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were conditionally approved into the
Pinehurst PM10 SIP on August 25, 1994
(59 FR 43745) and on May 26, 1995 (60
FR 27891). The EPA’s approval of the
July 13, 1995 contingency plan on
October 2, 2014 (79 FR 59435) fully
approved these required elements The
EPA approved changes to Idaho’s major
NSR rules on July 17, 2012 (77 FR
41916) and November 26, 2010 (75 FR
72719). The IDEQ’s major
nonattainment NSR rules and PSD rules
include control requirements that apply
to major stationary sources of PM10 and
PM10 precursors in nonattainment and
attainment/unclassifiable areas.
Therefore, the EPA proposes that the
requirements of 189(a)(c) and (e) for this
proposed redesignation is satisfied.
D. Has the IDEQ demonstrated that the
air quality improvement is due to
permanent and enforceable reductions?
Section 107(d)(3)(E)(iii) of the CAA
provides that a NAA may not be
redesignated unless the EPA determines
that the improvement in air quality is
due to permanent and enforceable
reductions in emissions resulting from
implementation of the SIP. Permanent
and enforceable control measures in the
Pinehurst PM10 SIP include controls
primarily focused on residential wood
combustion. The Pinehurst PM10 NAA
LMP submittal describes its woodstove
changeout program which resulted in 76
stove replacements by 1994 and an
additional 87 replacements between
1996 and 2015. According to a recent
survey in the community these 163
changeouts account for 60% of the
uncertified devices in the area. Between
2015–17, 40 additional woodstoves have
been changed out to cleaner burning
devices under this program; 31 to EPA
certified, 1 to propane, and 8 to natural
gas. Additional permanent controls in
the area include the weatherization of
30 homes in the mid-1990s which
provided for reductions in emissions by
reducing home heating requirements
which in turn reduce the need for
additional fuel and the associated
emissions.
E. Does the area have a fully approved
maintenance plan pursuant to section
175A of the act?
In this action, we are proposing to
approve the LMP in accordance with the
principles outlined in the LMP Option
Memo. Upon final approval, the
Pinehurst NAA will have a fully
approved maintenance plan.
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F. Has the IDEQ demonstrated that the
Pinehurst NAA qualifies for the LMP
Option?
The LMP Option Memo outlines the
requirements for an area to qualify for
a LMP. First, the area should be
attaining the NAAQS. On August 23,
2001, the EPA determined that the
Pinehurst NAA attained the PM10
NAAQS by December 31, 1994 and
December 31, 2000 (66 FR 44304). The
EPA has reviewed recent ambient air
quality data for the 24-hour PM10
NAAQS, and has determined that the
Pinehurst NAA continues to attain the
24-hour PM10 NAAQS. Please see
section IV.A. above for a detailed
discussion.
Second, the average design value
(ADV) for the past five years of
monitoring data must be at or below the
critical design value (CDV). The CDV is
a margin of safety value at which an
area has been determined to have a one
in ten probability of exceeding the
NAAQS. The LMP Option Memo
provides two methods to review
monitoring data for the purpose of
determining qualification for an LMP.
The first method is a comparison of a
site’s ADV with the CDV of 98 mg/m3 for
the 24-hour PM10 NAAQS. A second
method that applies to the 24-hour PM10
NAAQS is the calculation of a sitespecific CDV and a comparison of the
site-specific CDV with the ADV for the
past five years of monitoring data. The
IDEQ’s LMP submittal provides a
comparison of five-year ADVs compared
to the 24-hour and annual CDVs, as
described in the first method for review
of monitoring data to determine
qualification for a LMP. The IDEQ’s
analysis demonstrates that the Pinehurst
NAA has met the LMP design value
criteria using the tabular look up
method which showed the area to be
meeting the CDV with a five-year design
value of 83 mg/m3. The EPA has
reviewed the calculations and concurs
with the IDEQ’s findings that the area
has a five-year design value of 83 mg/m3
for both 2011–2015 and the most
recently available five year DV of 2012–
2016.2 Therefore, the EPA finds that the
Pinehurst NAA meets the design value
criteria outlined in the LMP Option
Memo.
Third, the area must meet the motor
vehicle regional emissions analysis test
described in attachment B of the LMP
Option Memo. Using the methodology
outlined in the LMP Option Memo, the
IDEQ has submitted an analysis of
whether increased emissions from on2 This LMP design value is dependent upon data
being excluded from a high wind exceptional event
also proposed for approval in this notice.
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road mobile sources would increase
PM10 concentrations in the Pinehurst
NAA to levels that would threaten the
assumption of maintenance that
underlies the LMP policy. Using this
methodology, the IDEQ has determined
that the Pinehurst NAA passes the
motor vehicle regional emissions
analysis test. The motor vehicle regional
emissions analysis test results of 83.19
mg/m3 and 83.36 mg/m3 when adjusted
for growth are below the 98 mg/m3
annual standard and meet the margin of
safety requirements. The EPA has
reviewed the calculations in the IDEQ’s
Pinehurst NAA LMP submittal in
Section 3.1 and concurs with this
conclusion.
The LMP Option Memo requires all
controls relied on to demonstrate
attainment remain in place for a NAA to
qualify for a LMP. The LMP developed
by IDEQ will continue to implement the
control measures relied upon to
demonstrate attainment. Therefore, EPA
proposes to find that the Pinehurst PM10
NAA meets the qualification criteria set
forth in the LMP Option Memo, and
therefore qualifies for a LMP.
The LMP Option Memo also indicates
that once a state submits a LMP and it
is in effect, the IDEQ will be expected
to determine, on an annual basis, that
the LMP criteria are still being met. If
the IDEQ determines that the LMP
criteria are not being met, it should take
action to reduce PM10 concentrations
enough to requalify for the LMP. One
possible approach the IDEQ could take
is to implement contingency measures.
Section IV.I. provides a description of
contingency provisions submitted as
part of the Pinehurst NAA LMP
submittal. The EPA believes the
contingency provisions submitted by
the IDEQ meet the requirements of CAA
section 175A as outlined in the LMP
Option memo.
G. Does the IDEQ have an approved
attainment emissions inventory which
can be used to demonstrate attainment
of the NAAQS?
Pursuant to the LMP Option Memo,
the IDEQ’s approved attainment plan
should include an emissions inventory
which can be used to demonstrate
attainment of the NAAQS. The
inventory should represent emissions
during the same five-year period
associated with air quality data used to
determine whether the area meets the
applicability requirements of the LMP
Option. The IDEQ should review its
inventory every three years to ensure
emissions growth is incorporated in the
inventory if necessary.
The IDEQ’s Pinehurst PM10 NAA LMP
submittal includes an emissions
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inventory, with a base year of 2013.
After reviewing the 2013 emissions
inventory and determining that it is
current, accurate and complete, as well
as reviewing monitoring data, the EPA
has determined that the 2013 emissions
inventory is representative of the
attainment year inventory because the
NAAQS was not violated during 2013.
In addition, the year 2013 is
representative of the level of emissions
during the time period used to calculate
the average design value because 2013
is one of the years during the five-year
period used to calculate the design
value. The submittal meets EPA
guidance, as described above, for
purposes of an attainment emissions
inventory.
H. Does the LMP include an assurance
of continued operation of an
appropriate EPA-approved air quality
monitoring network, in accordance with
40 CFR part 58?
A PM10 monitoring network was
established in the Pinehurst area in
1985. The monitoring network was
developed and has been maintained in
accordance with Federal siting and
design criteria in 40 CFR part 58, and in
consultation with EPA Region 10. The
EPA most recently approved the IDEQ’s
air monitoring plan on November 8,
2017. In the Pinehurst PM10 NAA LMP
submittal, the IDEQ commits to
continue to operate its monitoring
network to meet the EPA requirements
at 40 CFR part 58 and identify any
issues or adjustments via the Annual
Ambient Air Monitoring Network Plan
or formal communication. The submittal
contains an assurance of continued
operation of the PM10 monitoring
network. The submittal meets EPA LMP
submission requirements with respect to
maintenance of a monitoring network.
I. Does the plan meet the clean air act
requirements for contingency
provisions?
The CAA section 175A states that a
maintenance plan must include
contingency provisions, as necessary, to
ensure prompt correction of any
violation of the NAAQS which may
occur after redesignation of the area to
attainment. As explained in the LMP
Option Memo and the Calcagni Memo,
these contingency provisions are
considered to be an enforceable part of
the federally-approved SIP. The
maintenance plan should clearly
identify the provisions to be adopted, a
schedule and procedures for adoption
and implementation, and a specific time
limit for action by the IDEQ. The
maintenance plan should identify the
events that would ‘‘trigger’’ the adoption
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21981
and implementation of a contingency
provision, the contingency provision
that would be adopted and
implemented, and the schedule
indicating the time frame by which the
IDEQ would adopt and implement the
provision. The LMP Option Memo and
Calcagni Memo state that the EPA will
determine the adequacy of a
contingency plan on a case-by-case
basis. At a minimum, it must require
that the IDEQ will implement all
measures contained in the CAA part D
nonattainment plan for the area prior to
redesignation.
In the Pinehurst PM10 NAA LMP
submittal, the IDEQ has included
maintenance plan contingency
provisions to ensure the area continues
to meet the PM10 NAAQS. The
submitted LMP includes the Annual
Network Plan review process as the
triggering mechanism for identifying if
the Pinehurst area violates the PM10
NAAQS. If triggered the LMP identifies
a list of specific control measures as
listed in section 3.5.2 of their submittal
to reduce emissions, including potential
measures that would control emissions
associated with residential wood
combustion, controlling road-dust
related emissions, and refuse burning
for evaluation and a process for
selection. Therefore, the EPA believes
the contingency provisions submitted in
the Pinehurst PM10 NAA LMP are
adequate to meet CAA section 175A
requirements.
J. How is conformity treated under a
limited maintenance plan? 3
The transportation conformity rule
(40 CFR 51. 390 and 40 CFR 93.100–
129) and the general conformity rule (40
CFR 93.150–165) apply to
nonattainment areas and maintenance
areas operating under maintenance
plans. Under either conformity rule one
means of demonstrating conformity of
Federal actions is to indicate that
expected emissions from planned
actions are consistent with the
emissions budget for the area. Emissions
budgets in LMP areas may be treated as
essentially not constraining for the
length of the maintenance period
because it is unreasonable to expect that
an area satisfying the LMP criteria will
experience so much growth during that
period of time such that a violation of
the PM10 NAAQS would result. While
this policy does not exempt an area
from the need to affirm conformity, it
does allow the area to demonstrate
3 See ‘‘Limited Maintenance Plan Option for
Moderate PM10 Nonattainment Areas’’ memo from
Director Lydia Wegman to Regional Offices dated
August 9, 2001.
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conformity without undertaking certain
requirements of these rules. For
transportation conformity purposes,
EPA would be concluding that
emissions in these areas need not be
capped for the maintenance period, and,
therefore, a regional emissions analysis
would not be required. Similarly,
Federal actions subject to the general
conformity rule could be considered to
satisfy the ‘‘budget test’’ specified in
§ 93.158(a)(5)(i)(A) of the rule, for the
same reasons that the budgets are
essentially considered to be unlimited.
The Pinehurst area is an isolated rural
area 4. Transportation conformity
determinations in isolated rural
nonattainment and maintenance areas
are required only when a new nonexempt Federal Highway
Administration (FHWA)/State
Transportation Agency (STA) project
needs funding or approval. Thus, in the
event that a conformity analysis is
required, the state agency responsible
for conducting transportation
conformity must document and ensure
that:
(a) The interagency consultation
procedures meet the applicable
requirements of 40 CFR 93.105(c)(1)(vi);
(b) Conformity is determined as
specified in 40 CFR 93.109(g) for
isolated rural areas.
The minimum criteria by which the
EPA determines whether a SIP is
adequate for conformity purposes are
specified at 40 CFR 93.118(e)(4). The
EPA’s analysis of how the LMP satisfies
these criteria for transportation
conformity is found in the docket. The
EPA proposes to find adequate Idaho’s
LMP for Pinehurst for transportation
conformity purposes.
Upon final approval of the Pinehurst
PM10 NAA LMP, the Pinehurst area will
be exempt from performing a regional
emissions analysis, but must meet
project-level conformity analysis as well
as the transportation conformity criteria
located in 40 CFR 93.109(g) for isolated
rural areas.
V. 2013 PM10 High Wind Exceptional
Event
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The CAA allows for the exclusion of
air quality monitoring data from design
4 As defined in 40 CFR 93.101, Isolated rural
nonattainment and maintenance areas are areas that
do not contain or are not part of any metropolitan
planning area as designated under the
transportation planning regulations. Isolated rural
areas do not have Federally required metropolitan
transportation plans (MTPs) or transportation
improvement programs (TIPs) and do not have
projects that are part of the emissions analysis of
any metropolitan planning organization’s (MPO’s)
MTP or TIP. Projects in such areas are instead
included in statewide transportation improvement
programs.
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value calculations when there are
exceedances caused by events, such as
wildfires or high wind events, that meet
the criteria for an exceptional event
identified in the EPA’s implementing
regulations, the Exceptional Events Rule
at 40 CFR 50.1, 50.14 and 51.930. In
2013 emissions from a high wind event
entrained dust and impacted PM10
concentrations recorded at the Pinehurst
monitor. For purposes of this Pinehurst
PM10 redesignation and LMP, the IDEQ
submitted an exceptional event
demonstration to request exclusion of
the data. The EPA evaluated the IDEQ’s
exceptional event demonstration for the
flagged values of the 24-hour PM10
NAAQS for September 15, 2013, at the
monitor in Pinehurst, Idaho, with
respect to the requirements of the EPA’s
Exceptional Events Rule (40 CFR 50.14)
and determined that IDEQ met the rule
requirements. On March 2, 2017, the
EPA concurred with the IDEQ’s request
to exclude event-influenced data for
September 15, 2013. As such, the eventinfluenced data have been removed
from the data set used for regulatory
purposes and, for this proposed action,
the EPA relies on the calculated values
that exclude the event-influenced data.
The EPA now proposes approval of the
IDEQ’s request to exclude data from
September 15, 2013, in determining
PM10 attainment as a high wind
exceptional event. For further
information, refer to the IDEQ’s
Exceptional Event demonstration
package and the EPA’s concurrence and
analysis located in the docket for this
regulatory action.
VI. West Silver Valley 2012 Annual
PM2.5 Emission Inventory
A. Requirements for Emissions
Inventories
Section 172(c)(3) of the CAA requires
a state with an area designated as
nonattainment to submit a
‘‘comprehensive, accurate, current
inventory of actual emissions from all
sources of the relevant pollutant’’ for the
NAA. By requiring an accounting of
actual emissions from all sources of the
relevant pollutants in the area, this
section provides for the base year
inventory to include all emissions from
sources in the NAA that contribute to
the formation of a particular NAAQS
pollutant. For the 2012 annual PM2.5
NAAQS, this includes direct PM2.5
(condensable and filterable) as well as
the precursors to the formation of
secondary PM2.5: Nitrogen oxides (NOX),
sulfur dioxide (SO2), volatile organic
compounds (VOCs), and ammonia (NH3)
(40 CFR 51.1008; 81 FR 58028).
Inclusion of PM2.5 and all of the PM2.5
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precursors in the emissions inventory is
necessary in order to inform other
aspects of the attainment plan
development process, if such a plan is
required. The SIP submission should
include documentation explaining how
the state calculated the emissions data
for the base year inventory. The specific
PM2.5 emissions inventory requirements
are set forth in 40 CFR 51.1008. The
EPA has provided additional guidance
for developing PM2.5 emissions
inventories in Emissions Inventory
Guidance for Implementation of Ozone
and Particulate Matter National
Ambient Air Quality Standards
(NAAQS) and Regional Haze.
B. West Silver Valley PM2.5 Base Year
Emissions Inventory
The IDEQ developed a 2013 base year
emissions inventory for the WSV annual
PM2.5 NAA. The base year emissions
inventory includes data from 2013 and
2014 and in large part was extracted
from the 2014 periodic emissions
inventory (PEI) which is used to
populate the EPA’s National Emissions
Inventory (NEI). The 2013 base year
inventory is one of the three years used
to designate the area as nonattainment.
This base year inventory presents direct
PM2.5 emissions (condensable and
filterable) and emissions of all PM2.5
precursors (NOX, VOCs, NH3, and SO2)
to meet the emissions inventory
requirements of CAA section 172(c).
The IDEQ provided inventories from all
sources in the WSV NAA, including
nonpoint/area sources, point sources,
nonroad sources, and onroad sources.
The inventory is based on annual
emissions in tons per year. The top
source sectors of direct PM2.5 in the
WSV are prescribed burns (88.91 tons/
year (tpy)), residential wood combustion
(52.61 tpy), onroad (17.25 tpy), unpaved
roads (13.61 tpy), and nonroad (7.24
tpy) emissions.
The largest source category of direct
PM2.5 emissions in the WSV was from
prescribed burning, accounting for
44.9% of direct PM2.5. These emissions
came from primarily large and small
scale permitted burners who burn forest
waste mostly during the fall season.
Emissions were estimated by extracting
data, including fuel loading-moistureacres burned-emissions factors, from
prescribed burn databases maintained
by the Idaho-Montana Air Shed Group
and Idaho Department of Lands, and the
Forest Practices Act Compliance
database. The second largest source
category is residential wood combustion
(RWC). The emissions come from
various residential devices designed to
heat homes through burning wood
whether in solid or pellet form.
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Emissions from RWC, on an annual
basis, account for about 26.6% of the
base year direct PM2.5 emissions. These
emissions were estimated using the
EPA’s Microsoft Access RWC tool v2.1
and estimates were adjusted with
information from a local woodstove
survey along with information from the
ongoing woodstove changeout program
in the area. The next three largest source
categories, onroad emissions, unpaved
roads emission, and nonroad emissions
accounted for 30.9% of the direct PM2.5
in the base year emissions inventory.
The onroad emissions source category
includes emissions from motor vehicles
and road dust from paved roads. The
nonroad emissions source category
includes winter and summer recreation
vehicles and emissions generated from
logging, construction and mining, and
other minor nonroad sources. Onroad
and nonroad emissions were calculated
using MOVES2014.
C. EPA’s Evaluation
The EPA has reviewed the results,
procedures, and methodologies for the
WSV Annual PM2.5 NAA base year
emissions inventory. The EPA has
determined that the 2013 base year
inventory for the WSV is based on the
most current and accurate information
available to the IDEQ at the time the
inventories were being developed. The
inventories comprehensively address all
source categories in the WSV NAA,
actual emissions are provided, and
appropriate procedures were used to
develop the inventories. We are
proposing to approve the 2013 base year
emissions inventory for the WSV NAA
as meeting the requirements of CAA
section 172(c)(3) and 40 CFR
51.1008(a)(1).
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VII. Proposed Action
The EPA is proposing to approve the
Pinehurst PM10 NAA LMP submitted by
the IDEQ for the Pinehurst NAA and
concurrently redesignate the area to
attainment for the PM10 NAAQS. The
EPA has reviewed air quality data for
the area and determined that the
Pinehurst NAA attained the PM10
NAAQS by the required attainment
date, and that air monitoring data
continue to show attainment. The EPA
is proposing to approve that the
Pinehurst PM10 NAA LMP meets all of
the requirements of an LMP and that the
Pinehurst NAA meets all of the
requirements of redesignation as
described in this action.
The EPA is also taking action to
propose approval of the September 15,
2013, high wind exceptional event that
impacted PM10 values in the area.
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The EPA is also taking action to
propose approval of the WSV Annual
PM2.5 base year Emissions Inventory as
meeting CAA 172(c)(3) requirements.
VIII. 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 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
it does not involve technical standards;
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).
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Fmt 4702
Sfmt 4702
21983
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, 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: April 30, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018–09992 Filed 5–10–18; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[WC Docket No. 13–39; FCC 18–45]
Rural Call Completion
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, we seek
comment on rules to implement the
recently enacted Improving Rural Call
Quality and Reliability Act (‘‘RCC Act’’),
which directs us to establish registration
requirements and service quality
standards for ‘‘intermediate
providers’’—entities that transmit calls
without serving as the originating or
terminating provider. By giving us clear
authority to shine a light on
intermediate providers and hold them
accountable for their performance, the
RCC Act provides an important
additional tool we can use in our work
to promote call completion to all
Americans. We anticipate that the rules
we will adopt to implement the RCC
Act’s direction to regulate intermediate
providers will complement our covered
provider monitoring rule by ensuring
that the participants in the call path
share in the responsibility to ensure that
SUMMARY:
E:\FR\FM\11MYP1.SGM
11MYP1
Agencies
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Proposed Rules]
[Pages 21976-21983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09992]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R10-OAR-2017-0582; FRL-9977-96--Region 10]
Air Plan Approval; ID, Pinehurst PM10 Redesignation, Limited
Maintenance Plan; West Silver Valley 2012 Annual PM2.5 Emission
Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On September 29, 2017, the Idaho Department of Environmental
Quality (IDEQ) submitted a redesignation request and limited
maintenance plan (LMP) for particulate matter with an aerodynamic
diameter less than or equal to ten micrometers (PM10) for
the PM10 National Ambient Air Quality Standard (NAAQS)
developed for the Pinehurst PM10 Nonattainment Area (NAA)
and Pinehurst PM10 Expansion Nonattainment Area (NAA). The
redesignation request asserts that the area meets the Clean Air Act
(CAA) requirements for redesignation identified in section
107(d)(3)(E). This limited maintenance plan for these contiguous
nonattainment areas addresses maintenance of the PM10
standard for a ten-year period beyond redesignation. The Environmental
Protection Agency (EPA) proposes to approve this IDEQ Implementation
Plan (SIP) revision. The EPA also proposes to approve the September 15,
2013, high wind exceptional event at the Pinehurst monitoring station.
Additionally, the EPA is proposing to approve the emissions inventory
for the West Silver Valley annual PM2.5 NAA.
DATES: Written comments must be received on or before June 11, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0582, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The 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. The 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: Justin Spenillo, 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: 206-553-6125, 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. This Action
II. Background
A. PM10 NAAQS
B. Pinehurst PM10 NAA and Planning Background
III. Requirements for Redesignation
A. CAA Requirements for Redesignation of Nonattainment Area
B. The LMP Option for PM10 Nonattainment Areas
C. Conformity Under the LMP Option
IV. Review of the Idaho Submittal Addressing the Requirements for
Redesignation and LMPs
A. Has the Pinehurst PM10 NAA attained the applicable
NAAQS?
B. Does the Pinehurst PM10 NAA have a fully approved
SIP under section 110(k) of the CAA?
C. Has the IDEQ met all applicable requirements under section
110 and Part D of the CAA?
D. Has the IDEQ demonstrated that the air quality improvement is
due to permanent and enforceable reductions?
E. Does the area have a fully approved maintenance plan pursuant
to section 175A of the CAA?
F. Has the IDEQ demonstrated that the Pinehurst PM10
NAA qualifies for the LMP Option?
G. Does the IDEQ have an approved attainment emissions inventory
which can be used to demonstrate attainment of the NAAQS?
H. Does the LMP include an assurance of continued operation of
an appropriate EPA-approved air quality monitoring network, in
accordance with 40 CFR part 58?
I. Does the plan meet the clean air act requirements for
contingency provisions?
J. How is conformity treated under a limited maintenance plan?
V. 2013 p.m.10 High Wind Exceptional Event
VI. West Silver Valley 2012 Annual PM2.5 Emission
Inventory
[[Page 21977]]
A. Requirements for Emissions Inventories
B. West Silver Valley PM2.5 Base Year Emissions
Inventory
C. EPA's Evaluation
VII. Proposed Action
VIII. Statutory and Executive Order Reviews
I. This Action
The EPA is proposing to approve the limited maintenance plan (LMP)
submitted by the Idaho Department of Environmental Quality (IDEQ) on
September 29, 2017, for the Pinehurst PM10 Nonattainment
Area (NAA) and Pinehurst PM10 Expansion NAA and to
concurrently redesignate the areas to attainment for the
PM10 National Ambient Air Quality Standard (NAAQS).
Throughout this notice, Pinehurst PM10 NAA shall refer to
both the original Pinehurst PM10 NAA and Pinehurst
PM10 Expansion NAA unless noted otherwise. The EPA has
reviewed air quality data for the area and determined that the
Pinehurst NAA attained the PM10 NAAQS by the required
attainment date, and that monitoring data continue to show attainment.
The EPA is proposing to approve exclusion of data from a high wind
exceptional event on September 15, 2013, that impacted PM10
values at the Pinehurst monitor as they are needed to meet the LMP
criteria. Separately, the EPA is proposing to approve the base year
emission inventory for the West Silver Valley (WSV) PM2.5
NAA in the Silver Valley, Idaho.
II. Background
A. PM10 NAAQS
``Particulate matter,'' also known as particle pollution or PM, is
a complex mixture of extremely small particles and liquid droplets. The
size of particles is directly linked to their potential for causing
health problems. The EPA is concerned about particles that are 10
micrometers in diameter or smaller because those are the particles that
generally pass through the throat and nose and enter the lungs. Once
inhaled, these particles can affect the heart and lungs and can cause
serious adverse health effects. People with heart or lung diseases,
children and older adults are the most likely to be affected by
particle pollution exposure. Healthy individuals may also experience
temporary symptoms from exposure to elevated levels of particle
pollution.
On July 1, 1987, the EPA promulgated a NAAQS for 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).
B. Pinehurst PM10 NAA and Planning Background
On July 1, 1987, the EPA promulgated the PM10 NAAQS (52
FR 24634) and on August 7, 1987, the EPA identified the Pinehurst area
as a ``Group I'' area with a strong likelihood of violating the NAAQS
(52 FR 29383). On March 15, 1991, the EPA published a notice announcing
that the Pinehurst area had been designated a PM10 NAA upon
the November 15, 1990 enactment of the 1990 CAA Amendments. In this
notice, the EPA identified that the IDEQ needed to develop and submit
by November 15, 1991, a plan that would bring the area into attainment
by no later than December 31, 1994 (56 FR 11101). On November 6, 1991,
the Pinehurst PM10 NAA, which included the City of
Pinehurst, was classified as moderate under sections 107(d)(4)(B) and
188(a) of the CAA (56 FR 56694), and it had an attainment date of no
later than December 31, 1994. On December 21, 1993, the EPA designated
the Pinehurst PM10 Expansion NAA, a contiguous area to the
south of the City of Pinehurst and the existing Pinehurst
PM10 NAA; the action became effective January 20, 1994 (58
FR 67334). The Pinehurst Expansion area had an attainment date no later
than December 31, 2000. These two nonattainment areas, while contiguous
and share common planning elements, have separate timing requirements
and are considered separate nonattainment areas.
After these designations to nonattainment for the Pinehurst
PM10 NAA, the IDEQ worked with the community of Pinehurst to
develop a plan to bring the Pinehurst PM10 NAA into
attainment. The IDEQ submitted a plan for the Pinehurst PM10
NAA, both the original and expansion areas, to the EPA on April 14,
1992, as a moderate PM10 State Implementation Plan (SIP)
under section 189(a) of the CAA. The IDEQ's submitted plan addressed
PM10 reductions through a suite of measures aimed at
reducing wood smoke, primarily through a program to replace woodstoves
with cleaner burning devices. The EPA conditionally approved the IDEQ's
moderate PM10 SIP applicable to the City of Pinehurst on
August 25, 1994 (59 FR 43745) and conditionally approved the revisions
applicable to the Pinehurst PM10 Expansion area on May 26,
1995 (60 FR 27891). Both plans were conditionally approved because
these areas had failed to submit contingency measures. The IDEQ
submitted a contingency plan covering both areas on July 13, 1995,
which the EPA subsequently approved on October 2, 2014 (79 FR 59435).
On August 23, 2001, the EPA published a finding that the two areas had
attained the PM10 standard by their respective attainment
dates (66 FR 44304).
The IDEQ prepared a LMP for the Pinehurst PM10 NAA and
provided notice and an opportunity for public comment on the proposed
plan. On September 29, 2017, the IDEQ submitted the Pinehurst
PM10 LMP to EPA for approval and has requested that the EPA
redesignate the Pinehurst NAA to attainment for the PM10
NAAQS.
III. Requirements for Redesignation
A. CAA Requirements for Redesignation of Nonattainment Area
A nonattainment area can be redesignated to attainment after the
area has measured air quality data showing the NAAQS has been attained
and when certain planning requirements are met. Section 107(d)(3)(E) of
the CAA, and the General Preamble to Title I provide the criteria for
redesignation (57 FR 13498, April 16, 1992). These criteria are further
clarified in a policy and guidance memorandum from John Calcagni,
Director, Air Quality Management Division, EPA Office of Air Quality
Planning and Standards dated September 4, 1992, entitled ``Procedures
for Processing Requests to Redesignate Areas to Attainment'' (Calcagni
memo). The criteria for redesignation are:
1. The Administrator has determined that the area has attained the
applicable NAAQS;
2. The Administrator has fully approved the applicable SIP for the
area under section 110(k) of the CAA;
3. The state has met all requirements applicable to the area under
section 110 and part D of the CAA;
4. The Administrator has determined that the improvement in air
quality is due to permanent and enforceable reductions in emissions;
and
5. The Administrator has fully approved a maintenance plan for the
area as meeting the requirements of section 175A of the CAA.
B. The LMP Option for PM10 Nonattainment Areas
On August 9, 2001, the EPA issued guidance on streamlined
maintenance plan provisions for certain moderate PM10
nonattainment areas seeking redesignation to attainment (Memo from
Lydia Wegman, Director, Air Quality Standards and Strategies Division,
[[Page 21978]]
entitled ``Limited Maintenance Plan Option for Moderate PM10
Nonattainment Areas'' (LMP Option memo)). The LMP Option memo contains
a statistical demonstration that areas meeting certain air quality
criteria will, with a high degree of probability, maintain the standard
10 years into the future. Thus, the EPA has already provided the
maintenance demonstration for areas meeting the criteria outlined in
the LMP Option memo. It follows that future year emission inventories
for these areas, and some of the standard analyses to determine
transportation conformity with the SIP are no longer necessary.
To qualify for the LMP Option, the area should have attained the
PM10 NAAQS and, based upon the most recent five years of air
quality data at all monitors in the area, the 24-hour design value
should be at or below 98 [micro]g/m\3\. If an area cannot meet this
test, it may still be able to qualify for the LMP Option if the average
design value (ADV) for the site is less than the site-specific critical
design value (CDV). In addition, the area should expect only limited
growth in on-road motor vehicle PM10 emissions (including
fugitive dust) and should have passed a motor vehicle regional
emissions analysis test. The LMP Option memo also identifies core
provisions that must be included in the LMP. These provisions include
an attainment year emissions inventory, assurance of continued
operation of an EPA-approved air quality monitoring network, and
contingency provisions.
C. Conformity Under the LMP Option
The transportation conformity rule and the general conformity rule
(40 CFR parts 51 and 93) apply to nonattainment areas and maintenance
areas covered by an approved maintenance plan. Under either conformity
rule, an acceptable method of demonstrating that a Federal action
conforms to the applicable SIP is to demonstrate that expected
emissions from the planned action are consistent with the emissions
budget for the area.
While EPA's LMP Option does not exempt an area from the need to
affirm conformity, it explains that the area may demonstrate conformity
without conforming to an emissions budget. Under the LMP Option,
emissions budgets are treated as essentially not constraining for the
length of the maintenance period because it is unreasonable to expect
that the qualifying areas would experience so much growth in that
period that a violation of the PM10 NAAQS would result. For
transportation conformity purposes, the EPA would conclude that
emissions in these areas need not be capped for the maintenance period
and therefore a regional emissions analysis would not be required.
Similarly, Federal actions subject to the general conformity rule could
be considered to satisfy the ``budget test'' specified in 40 CFR
93.158(a)(5)(i)(A) for the same reasons that the budgets are
essentially considered to be unlimited.
IV. Review of the Idaho Submittal Addressing the Requirements for
Redesignation and LMPs
A. Has the Pinehurst PM10 NAA attained the applicable NAAQS?
To demonstrate that an area has attained the PM10 NAAQS,
the IDEQ must submit an analysis of ambient air quality data from an
ambient air monitoring network representing peak PM10
concentrations. The data should be quality-assured and stored in the
EPA Air Quality System database. The EPA has reviewed air quality data
for the area and has determined that the Pinehurst NAA attained the
PM10 NAAQS \1\ by the applicable attainment dates of
December 31, 1994 for the City of Pinehurst and December 31, 2000 for
the Pinehurst PM10 Expansion area, and they continue to
attain the PM10 NAAQS. EPA's analysis is described below.
---------------------------------------------------------------------------
\1\ Because the annual PM10 standard was revoked
effective December 18, 2006, see 71 FR 61144 (October 17, 2006),
this notice discusses only attainment of the 24-hour PM10
standard.''
---------------------------------------------------------------------------
The 24-hour PM10 NAAQS is 150 [micro]g/m\3\. An area has
attained this 24-hour standard when the average number of expected
exceedances per year is less than or equal to one, when averaged over a
three-year period (40 CFR 50.6). To make this determination, three
consecutive years of complete ambient air quality data must be
collected in accordance with Federal requirements (40 CFR part 58
including appendices).
A comprehensive air quality monitoring plan, meeting the
requirements of 40 CFR part 58, was originally submitted by the IDEQ to
the EPA on January 15, 1980, and approved by the EPA on July 28, 1982
(40 CFR 52.670), and most recently submitted in June 2017, with
approval by the EPA on November 8, 2017. The monitoring plan describes
the Idaho monitoring network throughout the state, which includes the
Pinehurst Idaho monitor (AQS ID 16-079-0017-81102-3). In the LMP
submittal, the IDEQ states that the nonattainment designation was based
on data collected at the Pinehurst monitoring site. With the exception
of three high wind exceptional events, a review of data shows that
PM10 3-year average expected exceedances recorded at this
site have been less than or equal to the 24-hour PM10 NAAQS
since 1994. In addition, the IDEQ states that the Pinehurst monitoring
site is operated in compliance with the EPA monitoring guidelines set
forth in 40 CFR part 58, Ambient Air Quality Surveillance.
Data from the Pinehurst monitoring site has been quality assured by
the IDEQ and submitted to the EPA's Air Quality System (AQS),
accessible through the EPA's AirData website at https://www.epa.gov/outdoor-air-quality-data. To show attainment for the 24-hour
PM10 NAAQS the three-year design value must be less than or
equal to 1.0 expected number of exceedances, as established in Appendix
K to 40 CFR part 50. The Pinehurst monitoring site recorded exceedances
in 2013 and 2015 and the IDEQ flagged these exceedances as being the
result of exceptional events where unusually high winds entrained dust.
Under the EPA's Exceptional Events Rule, the Agency may exclude data
from a regulatory determination related to an exceedance or violation
of the NAAQS if the IDEQ adequately demonstrates that an exceptional
event caused the exceedance or violation. 40 CFR 50.1 and 50.14. For
the reasons set forth in the IDEQ's Pinehurst PM10 2013 High
Wind Exceptional Event concurrence letter and analysis (March 2, 2017),
the EPA excluded data showing an exceedance on September 15, 2013, in
determining whether the Pinehurst NAA has attained the PM10
NAAQS. The concurrence letter explains how the IDEQ met the Exceptional
Event Rule criteria to demonstrate that the September 15, 2013
exceedance qualifies as an exceptional event. Based on this
demonstration, the IDEQ's submission demonstrates that the Pinehurst
PM10 NAA's expected number of exceedances was 0.67 for 2013-
15, which is below the 1.0 upper limit. The EPA confirmed that the area
continues to be less than or equal to the 1.0 expected number
exceedances with the 2014-16 value being 0.7. The EPA therefore finds
that the area was not violating the PM10 NAAQS.
B. Does the Pinehurst PM10 NAA have a fully approved SIP under section
110(k) of the CAA?
To qualify for redesignation, the SIP for an area must be fully
approved under section 110(k) of the CAA, and must satisfy all
requirements that apply to the area. As discussed in Section II.B.
above, the IDEQ submitted a moderate PM10 SIP for the
Pinehurst PM10 NAA on April 14, 1992. The EPA took final
action to conditionally approve the IDEQ's moderate PM10 SIP
on August
[[Page 21979]]
25, 1994 (59 FR 43745) for the City of Pinehurst and to conditionally
approve the IDEQ's moderate PM10 SIP on May 26, 1995 (60 FR
27891) for the Pinehurst PM10 Expansion area. These
conditional approvals required submission of contingency measures.
Accordingly, the IDEQ submitted the contingency plan applicable to the
entire Pinehurst PM10 NAA as required by the conditional
approvals on July 13, 1995. With the EPA's approval on October 2, 2014
(79 FR 59435), the Pinehurst PM10 NAA satisfied all
requirements that apply to the area and thus the area has a fully
approved nonattainment area SIP under section 110(k) of the CAA.
C. Has the IDEQ met all applicable requirements under section 110 and
Part D of the CAA?
Section 107(d)(3)(E) of the CAA requires that a state containing an
NAA meet all applicable requirements under section 110 and Part D of
the CAA for the area to be redesignated to attainment. The EPA
interprets this to mean that the IDEQ must meet all requirements that
applied to the area prior to, and at the time of, the submission of a
complete redesignation request. The following is a summary of how Idaho
meets these requirements.
1. Clean Air Act Section 110 Requirements
Section 110(a)(2) of the CAA contains general requirements for
nonattainment plans. These requirements include, but are not limited
to: Submittal of a SIP that has been adopted by the IDEQ after
reasonable notice and public hearing; provisions for establishment and
operation of appropriate apparatus, methods, systems and procedures
necessary to monitor ambient air quality; implementation of a permit
program; provisions for Part C--Prevention of Significant Deterioration
(PSD) and Part D--New Source Review (NSR) permit programs; criteria for
stationary source emission control measures, monitoring and reporting;
provisions for modeling; and provisions for public and local agency
participation. See the General Preamble for further explanation of
these requirements (57 FR 13498, April 16, 1992). The EPA's approval of
Idaho's SIP for attainment and maintenance of national standards can be
found at 40 CFR 52.673. For purposes of redesignation of the Pinehurst
PM10 NAA, the EPA has reviewed the IDEQ SIP and finds that
the IDEQ has satisfied all applicable requirements under CAA section
110(a)(2) for the PM10 NAAQS.
2. Part D Requirements
Part D of the CAA contains general requirements applicable to all
areas designated nonattainment. The general requirements are followed
by a series of subparts specific to each pollutant. All PM10
nonattainment areas must meet the general provisions of Subpart 1 and
the specific PM10 provisions in Subpart 4, ``Additional
Provisions for Particulate Matter Nonattainment Areas.'' The following
paragraphs discuss these requirements as they apply to the Pinehurst
PM10 NAA.
2a. Part D, Section 172(c)(2)--Reasonable Further Progress
Section 172(c) contains general requirements for NAA plans. A
thorough discussion of these requirements may be found in the General
Preamble (57 FR 13538, April 16, 1992). CAA section 172(c)(2) requires
nonattainment plans to provide for reasonable further progress (RFP).
Section 171(1) of the CAA defines RFP as ``such annual incremental
reductions in emissions of the relevant air pollutant as are required
by this part (part D of title I) or may reasonably be required by the
Administrator for the purpose of ensuring attainment of the applicable
national ambient air quality standard by the applicable date.'' The
requirements for reasonable further progress, identification of certain
emissions increases and other measures needed for attainment were
satisfied with the approved Pinehurst PM10 NAA SIP (59 FR
43745 and 60 FR 27891). In its August 23, 2001 action (66 FR 44304),
the EPA determined that the Pinehurst NAA attained the 24-hour
PM10 NAAQS by the December 31, 1994 and December 31, 2000,
attainment dates. Therefore, the EPA believes no further showing of RFP
or quantitative milestones is necessary.
2b. Part D, Section 172(c)(3)--Emissions Inventory
For redesignation, section 172(c)(3) of CAA requires a
comprehensive, accurate, current inventory of actual emissions from all
sources in the Pinehurst PM10 NAA. The IDEQ included an
emissions inventory for the Pinehurst area for the year 2013 in the
September 29, 2017 submittal. The IDEQ used 2013 as a base year for the
emissions inventory, including data from the 2014 periodic emission
inventory (PEI), as the IDEQ determined that it is representative of
emissions during the five-year period associated with air quality data
demonstrating attainment. The IDEQ has demonstrated that the 2013 base
year emissions inventory is current, accurate, and comprehensive, and
therefore meets the requirements of section 172(c)(3) of the CAA.
2c. Part D, Section 172(c)(5)--New Source Review (NSR)
The CAA requires all nonattainment areas to meet several
requirements regarding NSR. The IDEQ must have an approved major NSR
program that meets the requirements of CAA section 172(c)(5). The Part
D NSR rules for PM10 nonattainment areas in Idaho were
approved by the EPA on July 23, 1993 (58 FR 39445) and amended on
January 16, 2003 (68 FR 2217). Revisions to Idaho's NSR rules were most
recently approved by the EPA on November 26, 2010 (75 FR 72719). Within
the boundaries of the Pinehurst PM10 NAA, the requirements
of the Part D NSR program will be replaced by the IDEQ's Prevention of
Significant Deterioration (PSD) program requirements upon the effective
date of redesignation. The currently approved NSR provisions meet the
requirements of 172(c)(5) and therefore this condition for proposed
redesignation is satisfied.
2d. Part D, Section 172(c)(7)--Compliance With CAA Section 110(a)(2):
Air Quality Monitoring Requirements
Once an area is redesignated, the IDEQ must continue to operate an
appropriate air monitoring network in accordance with 40 CFR part 58 to
verify the attainment status of the area. On January 15, 1980, the IDEQ
submitted a comprehensive air quality monitoring plan, intended to meet
the requirements of 40 CFR part 58. The EPA approved the plan on July
28, 1982 (40 CFR 52.760). This monitoring plan has been updated, with
the most recent submittal in June 2017, with approval by the EPA on
November 8, 2017. The monitoring plan describes the PM10
monitoring network throughout Idaho, including the Pinehurst monitoring
site. The Pinehurst monitoring site is operated in compliance with the
EPA monitoring guidelines set forth in 40 CFR part 58, Ambient Air
Quality Surveillance. In addition, the Pinehurst PM10 NAA
LMP submittal provides a commitment to continue operation of the
PM10 monitoring network in accordance with 40 CFR part 58,
and to annually verify continued attainment of the 24-hour
PM10 NAAQS in Pinehurst through the Annual Ambient Air
Monitoring Network Plan. Any changes to the monitoring site will be
made via the Annual Ambient Air Monitoring Network Plan or formal
communication. The currently approved monitoring plan
[[Page 21980]]
and associated program meet the requirements of 172(c)(7) and therefore
this condition for proposed redesignation is satisfied.
2e. Part D, Section 172(c)(9)--Contingency Measures
The CAA requires that contingency measures take effect if an area
fails to meet RFP requirements or fails to attain the NAAQS by the
applicable attainment date. On August 23, 2001, the EPA determined that
the Pinehurst NAA attained the PM10 NAAQS by the applicable
attainment dates of December 31, 1994 and December 31, 2000 (66 FR
44304). Therefore, attainment planning contingency measures are no
longer required under section 172(c)(9) of the CAA. However,
maintenance plan contingency provisions are required for maintenance
plans under section 175(a)(d). Please see section IV.I. for a
description of Idaho's maintenance plan contingency provisions.
2f. Part D, Section 189(a), (c) and (e)--Additional Provisions for
Particulate Matter Nonattainment Areas
CAA sections 189(a), (c) and (e) apply to moderate PM10
nonattainment areas. Any of these requirements which were applicable
and due prior to the submission of the redesignation request must be
fully approved into the SIP before redesignating the area to
attainment. With respect to the Pinehurst NAA, these requirements
include:
(a) Provisions to assure that reasonably available control measures
were implemented by December 31, 1994 and December 31, 2000 (section
189(a)(1)(C));
(b) Either a demonstration that the plan provided for attainment as
expeditiously as practicable but not later than December 31, 1994 and
December 31, 2000, or a demonstration that attainment by that date was
impracticable (section 189(a)(1)(B));
(c) Quantitative milestones which were achieved every three years
and which demonstrate RFP toward attainment by December 31, 1994 and
December 31, 2000 (section 189(c)(1)); and
(d) Provisions to assure that the control requirements applicable
to major stationary sources of PM10 also apply to major
stationary sources of PM10 precursors except where the
Administrator determined that such sources do not contribute
significantly to PM10 levels which exceed the NAAQS in the
area (section 189(e)).
Provisions for reasonably available control measures, attainment
demonstration, and RFP milestones were conditionally approved into the
Pinehurst PM10 SIP on August 25, 1994 (59 FR 43745) and on
May 26, 1995 (60 FR 27891). The EPA's approval of the July 13, 1995
contingency plan on October 2, 2014 (79 FR 59435) fully approved these
required elements The EPA approved changes to Idaho's major NSR rules
on July 17, 2012 (77 FR 41916) and November 26, 2010 (75 FR 72719). The
IDEQ's major nonattainment NSR rules and PSD rules include control
requirements that apply to major stationary sources of PM10
and PM10 precursors in nonattainment and attainment/
unclassifiable areas. Therefore, the EPA proposes that the requirements
of 189(a)(c) and (e) for this proposed redesignation is satisfied.
D. Has the IDEQ demonstrated that the air quality improvement is due to
permanent and enforceable reductions?
Section 107(d)(3)(E)(iii) of the CAA provides that a NAA may not be
redesignated unless the EPA determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the SIP. Permanent and enforceable
control measures in the Pinehurst PM10 SIP include controls
primarily focused on residential wood combustion. The Pinehurst
PM10 NAA LMP submittal describes its woodstove changeout
program which resulted in 76 stove replacements by 1994 and an
additional 87 replacements between 1996 and 2015. According to a recent
survey in the community these 163 changeouts account for 60% of the
uncertified devices in the area. Between 2015-17, 40 additional
woodstoves have been changed out to cleaner burning devices under this
program; 31 to EPA certified, 1 to propane, and 8 to natural gas.
Additional permanent controls in the area include the weatherization of
30 homes in the mid-1990s which provided for reductions in emissions by
reducing home heating requirements which in turn reduce the need for
additional fuel and the associated emissions.
E. Does the area have a fully approved maintenance plan pursuant to
section 175A of the act?
In this action, we are proposing to approve the LMP in accordance
with the principles outlined in the LMP Option Memo. Upon final
approval, the Pinehurst NAA will have a fully approved maintenance
plan.
F. Has the IDEQ demonstrated that the Pinehurst NAA qualifies for the
LMP Option?
The LMP Option Memo outlines the requirements for an area to
qualify for a LMP. First, the area should be attaining the NAAQS. On
August 23, 2001, the EPA determined that the Pinehurst NAA attained the
PM10 NAAQS by December 31, 1994 and December 31, 2000 (66 FR
44304). The EPA has reviewed recent ambient air quality data for the
24-hour PM10 NAAQS, and has determined that the Pinehurst
NAA continues to attain the 24-hour PM10 NAAQS. Please see
section IV.A. above for a detailed discussion.
Second, the average design value (ADV) for the past five years of
monitoring data must be at or below the critical design value (CDV).
The CDV is a margin of safety value at which an area has been
determined to have a one in ten probability of exceeding the NAAQS. The
LMP Option Memo provides two methods to review monitoring data for the
purpose of determining qualification for an LMP. The first method is a
comparison of a site's ADV with the CDV of 98 [micro]g/m\3\ for the 24-
hour PM10 NAAQS. A second method that applies to the 24-hour
PM10 NAAQS is the calculation of a site-specific CDV and a
comparison of the site-specific CDV with the ADV for the past five
years of monitoring data. The IDEQ's LMP submittal provides a
comparison of five-year ADVs compared to the 24-hour and annual CDVs,
as described in the first method for review of monitoring data to
determine qualification for a LMP. The IDEQ's analysis demonstrates
that the Pinehurst NAA has met the LMP design value criteria using the
tabular look up method which showed the area to be meeting the CDV with
a five-year design value of 83 [micro]g/m\3\. The EPA has reviewed the
calculations and concurs with the IDEQ's findings that the area has a
five-year design value of 83 [micro]g/m\3\ for both 2011-2015 and the
most recently available five year DV of 2012-2016.\2\ Therefore, the
EPA finds that the Pinehurst NAA meets the design value criteria
outlined in the LMP Option Memo.
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\2\ This LMP design value is dependent upon data being excluded
from a high wind exceptional event also proposed for approval in
this notice.
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Third, the area must meet the motor vehicle regional emissions
analysis test described in attachment B of the LMP Option Memo. Using
the methodology outlined in the LMP Option Memo, the IDEQ has submitted
an analysis of whether increased emissions from on-
[[Page 21981]]
road mobile sources would increase PM10 concentrations in
the Pinehurst NAA to levels that would threaten the assumption of
maintenance that underlies the LMP policy. Using this methodology, the
IDEQ has determined that the Pinehurst NAA passes the motor vehicle
regional emissions analysis test. The motor vehicle regional emissions
analysis test results of 83.19 [micro]g/m\3\ and 83.36 [micro]g/m\3\
when adjusted for growth are below the 98 [micro]g/m\3\ annual standard
and meet the margin of safety requirements. The EPA has reviewed the
calculations in the IDEQ's Pinehurst NAA LMP submittal in Section 3.1
and concurs with this conclusion.
The LMP Option Memo requires all controls relied on to demonstrate
attainment remain in place for a NAA to qualify for a LMP. The LMP
developed by IDEQ will continue to implement the control measures
relied upon to demonstrate attainment. Therefore, EPA proposes to find
that the Pinehurst PM10 NAA meets the qualification criteria
set forth in the LMP Option Memo, and therefore qualifies for a LMP.
The LMP Option Memo also indicates that once a state submits a LMP
and it is in effect, the IDEQ will be expected to determine, on an
annual basis, that the LMP criteria are still being met. If the IDEQ
determines that the LMP criteria are not being met, it should take
action to reduce PM10 concentrations enough to requalify for
the LMP. One possible approach the IDEQ could take is to implement
contingency measures. Section IV.I. provides a description of
contingency provisions submitted as part of the Pinehurst NAA LMP
submittal. The EPA believes the contingency provisions submitted by the
IDEQ meet the requirements of CAA section 175A as outlined in the LMP
Option memo.
G. Does the IDEQ have an approved attainment emissions inventory which
can be used to demonstrate attainment of the NAAQS?
Pursuant to the LMP Option Memo, the IDEQ's approved attainment
plan should include an emissions inventory which can be used to
demonstrate attainment of the NAAQS. The inventory should represent
emissions during the same five-year period associated with air quality
data used to determine whether the area meets the applicability
requirements of the LMP Option. The IDEQ should review its inventory
every three years to ensure emissions growth is incorporated in the
inventory if necessary.
The IDEQ's Pinehurst PM10 NAA LMP submittal includes an
emissions inventory, with a base year of 2013. After reviewing the 2013
emissions inventory and determining that it is current, accurate and
complete, as well as reviewing monitoring data, the EPA has determined
that the 2013 emissions inventory is representative of the attainment
year inventory because the NAAQS was not violated during 2013. In
addition, the year 2013 is representative of the level of emissions
during the time period used to calculate the average design value
because 2013 is one of the years during the five-year period used to
calculate the design value. The submittal meets EPA guidance, as
described above, for purposes of an attainment emissions inventory.
H. Does the LMP include an assurance of continued operation of an
appropriate EPA-approved air quality monitoring network, in accordance
with 40 CFR part 58?
A PM10 monitoring network was established in the
Pinehurst area in 1985. The monitoring network was developed and has
been maintained in accordance with Federal siting and design criteria
in 40 CFR part 58, and in consultation with EPA Region 10. The EPA most
recently approved the IDEQ's air monitoring plan on November 8, 2017.
In the Pinehurst PM10 NAA LMP submittal, the IDEQ commits to
continue to operate its monitoring network to meet the EPA requirements
at 40 CFR part 58 and identify any issues or adjustments via the Annual
Ambient Air Monitoring Network Plan or formal communication. The
submittal contains an assurance of continued operation of the
PM10 monitoring network. The submittal meets EPA LMP
submission requirements with respect to maintenance of a monitoring
network.
I. Does the plan meet the clean air act requirements for contingency
provisions?
The CAA section 175A states that a maintenance plan must include
contingency provisions, as necessary, to ensure prompt correction of
any violation of the NAAQS which may occur after redesignation of the
area to attainment. As explained in the LMP Option Memo and the
Calcagni Memo, these contingency provisions are considered to be an
enforceable part of the federally-approved SIP. The maintenance plan
should clearly identify the provisions to be adopted, a schedule and
procedures for adoption and implementation, and a specific time limit
for action by the IDEQ. The maintenance plan should identify the events
that would ``trigger'' the adoption and implementation of a contingency
provision, the contingency provision that would be adopted and
implemented, and the schedule indicating the time frame by which the
IDEQ would adopt and implement the provision. The LMP Option Memo and
Calcagni Memo state that the EPA will determine the adequacy of a
contingency plan on a case-by-case basis. At a minimum, it must require
that the IDEQ will implement all measures contained in the CAA part D
nonattainment plan for the area prior to redesignation.
In the Pinehurst PM10 NAA LMP submittal, the IDEQ has
included maintenance plan contingency provisions to ensure the area
continues to meet the PM10 NAAQS. The submitted LMP includes
the Annual Network Plan review process as the triggering mechanism for
identifying if the Pinehurst area violates the PM10 NAAQS.
If triggered the LMP identifies a list of specific control measures as
listed in section 3.5.2 of their submittal to reduce emissions,
including potential measures that would control emissions associated
with residential wood combustion, controlling road-dust related
emissions, and refuse burning for evaluation and a process for
selection. Therefore, the EPA believes the contingency provisions
submitted in the Pinehurst PM10 NAA LMP are adequate to meet
CAA section 175A requirements.
J. How is conformity treated under a limited maintenance plan? \3\
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\3\ See ``Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas'' memo from Director Lydia
Wegman to Regional Offices dated August 9, 2001.
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The transportation conformity rule (40 CFR 51. 390 and 40 CFR
93.100-129) and the general conformity rule (40 CFR 93.150-165) apply
to nonattainment areas and maintenance areas operating under
maintenance plans. Under either conformity rule one means of
demonstrating conformity of Federal actions is to indicate that
expected emissions from planned actions are consistent with the
emissions budget for the area. Emissions budgets in LMP areas may be
treated as essentially not constraining for the length of the
maintenance period because it is unreasonable to expect that an area
satisfying the LMP criteria will experience so much growth during that
period of time such that a violation of the PM10 NAAQS would
result. While this policy does not exempt an area from the need to
affirm conformity, it does allow the area to demonstrate
[[Page 21982]]
conformity without undertaking certain requirements of these rules. For
transportation conformity purposes, EPA would be concluding that
emissions in these areas need not be capped for the maintenance period,
and, therefore, a regional emissions analysis would not be required.
Similarly, Federal actions subject to the general conformity rule could
be considered to satisfy the ``budget test'' specified in Sec.
93.158(a)(5)(i)(A) of the rule, for the same reasons that the budgets
are essentially considered to be unlimited.
The Pinehurst area is an isolated rural area \4\. Transportation
conformity determinations in isolated rural nonattainment and
maintenance areas are required only when a new non-exempt Federal
Highway Administration (FHWA)/State Transportation Agency (STA) project
needs funding or approval. Thus, in the event that a conformity
analysis is required, the state agency responsible for conducting
transportation conformity must document and ensure that:
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\4\ As defined in 40 CFR 93.101, Isolated rural nonattainment
and maintenance areas are areas that do not contain or are not part
of any metropolitan planning area as designated under the
transportation planning regulations. Isolated rural areas do not
have Federally required metropolitan transportation plans (MTPs) or
transportation improvement programs (TIPs) and do not have projects
that are part of the emissions analysis of any metropolitan planning
organization's (MPO's) MTP or TIP. Projects in such areas are
instead included in statewide transportation improvement programs.
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(a) The interagency consultation procedures meet the applicable
requirements of 40 CFR 93.105(c)(1)(vi);
(b) Conformity is determined as specified in 40 CFR 93.109(g) for
isolated rural areas.
The minimum criteria by which the EPA determines whether a SIP is
adequate for conformity purposes are specified at 40 CFR 93.118(e)(4).
The EPA's analysis of how the LMP satisfies these criteria for
transportation conformity is found in the docket. The EPA proposes to
find adequate Idaho's LMP for Pinehurst for transportation conformity
purposes.
Upon final approval of the Pinehurst PM10 NAA LMP, the
Pinehurst area will be exempt from performing a regional emissions
analysis, but must meet project-level conformity analysis as well as
the transportation conformity criteria located in 40 CFR 93.109(g) for
isolated rural areas.
V. 2013 PM[bdi1][bdi0] High Wind Exceptional Event
The CAA allows for the exclusion of air quality monitoring data
from design value calculations when there are exceedances caused by
events, such as wildfires or high wind events, that meet the criteria
for an exceptional event identified in the EPA's implementing
regulations, the Exceptional Events Rule at 40 CFR 50.1, 50.14 and
51.930. In 2013 emissions from a high wind event entrained dust and
impacted PM10 concentrations recorded at the Pinehurst
monitor. For purposes of this Pinehurst PM10 redesignation
and LMP, the IDEQ submitted an exceptional event demonstration to
request exclusion of the data. The EPA evaluated the IDEQ's exceptional
event demonstration for the flagged values of the 24-hour
PM10 NAAQS for September 15, 2013, at the monitor in
Pinehurst, Idaho, with respect to the requirements of the EPA's
Exceptional Events Rule (40 CFR 50.14) and determined that IDEQ met the
rule requirements. On March 2, 2017, the EPA concurred with the IDEQ's
request to exclude event-influenced data for September 15, 2013. As
such, the event-influenced data have been removed from the data set
used for regulatory purposes and, for this proposed action, the EPA
relies on the calculated values that exclude the event-influenced data.
The EPA now proposes approval of the IDEQ's request to exclude data
from September 15, 2013, in determining PM10 attainment as a
high wind exceptional event. For further information, refer to the
IDEQ's Exceptional Event demonstration package and the EPA's
concurrence and analysis located in the docket for this regulatory
action.
VI. West Silver Valley 2012 Annual PM[bdi2].[bdi5] Emission
Inventory
A. Requirements for Emissions Inventories
Section 172(c)(3) of the CAA requires a state with an area
designated as nonattainment to submit a ``comprehensive, accurate,
current inventory of actual emissions from all sources of the relevant
pollutant'' for the NAA. By requiring an accounting of actual emissions
from all sources of the relevant pollutants in the area, this section
provides for the base year inventory to include all emissions from
sources in the NAA that contribute to the formation of a particular
NAAQS pollutant. For the 2012 annual PM2.5 NAAQS, this
includes direct PM2.5 (condensable and filterable) as well
as the precursors to the formation of secondary PM2.5:
Nitrogen oxides (NOX), sulfur dioxide (SO2),
volatile organic compounds (VOCs), and ammonia (NH3) (40 CFR
51.1008; 81 FR 58028). Inclusion of PM2.5 and all of the
PM2.5 precursors in the emissions inventory is necessary in
order to inform other aspects of the attainment plan development
process, if such a plan is required. The SIP submission should include
documentation explaining how the state calculated the emissions data
for the base year inventory. The specific PM2.5 emissions
inventory requirements are set forth in 40 CFR 51.1008. The EPA has
provided additional guidance for developing PM2.5 emissions
inventories in Emissions Inventory Guidance for Implementation of Ozone
and Particulate Matter National Ambient Air Quality Standards (NAAQS)
and Regional Haze.
B. West Silver Valley PM2.5 Base Year Emissions Inventory
The IDEQ developed a 2013 base year emissions inventory for the WSV
annual PM2.5 NAA. The base year emissions inventory includes
data from 2013 and 2014 and in large part was extracted from the 2014
periodic emissions inventory (PEI) which is used to populate the EPA's
National Emissions Inventory (NEI). The 2013 base year inventory is one
of the three years used to designate the area as nonattainment. This
base year inventory presents direct PM2.5 emissions
(condensable and filterable) and emissions of all PM2.5
precursors (NOX, VOCs, NH3, and SO2)
to meet the emissions inventory requirements of CAA section 172(c). The
IDEQ provided inventories from all sources in the WSV NAA, including
nonpoint/area sources, point sources, nonroad sources, and onroad
sources. The inventory is based on annual emissions in tons per year.
The top source sectors of direct PM2.5 in the WSV are
prescribed burns (88.91 tons/year (tpy)), residential wood combustion
(52.61 tpy), onroad (17.25 tpy), unpaved roads (13.61 tpy), and nonroad
(7.24 tpy) emissions.
The largest source category of direct PM2.5 emissions in
the WSV was from prescribed burning, accounting for 44.9% of direct
PM2.5. These emissions came from primarily large and small
scale permitted burners who burn forest waste mostly during the fall
season. Emissions were estimated by extracting data, including fuel
loading-moisture-acres burned-emissions factors, from prescribed burn
databases maintained by the Idaho-Montana Air Shed Group and Idaho
Department of Lands, and the Forest Practices Act Compliance database.
The second largest source category is residential wood combustion
(RWC). The emissions come from various residential devices designed to
heat homes through burning wood whether in solid or pellet form.
[[Page 21983]]
Emissions from RWC, on an annual basis, account for about 26.6% of the
base year direct PM2.5 emissions. These emissions were
estimated using the EPA's Microsoft Access RWC tool v2.1 and estimates
were adjusted with information from a local woodstove survey along with
information from the ongoing woodstove changeout program in the area.
The next three largest source categories, onroad emissions, unpaved
roads emission, and nonroad emissions accounted for 30.9% of the direct
PM2.5 in the base year emissions inventory. The onroad
emissions source category includes emissions from motor vehicles and
road dust from paved roads. The nonroad emissions source category
includes winter and summer recreation vehicles and emissions generated
from logging, construction and mining, and other minor nonroad sources.
Onroad and nonroad emissions were calculated using MOVES2014.
C. EPA's Evaluation
The EPA has reviewed the results, procedures, and methodologies for
the WSV Annual PM2.5 NAA base year emissions inventory. The
EPA has determined that the 2013 base year inventory for the WSV is
based on the most current and accurate information available to the
IDEQ at the time the inventories were being developed. The inventories
comprehensively address all source categories in the WSV NAA, actual
emissions are provided, and appropriate procedures were used to develop
the inventories. We are proposing to approve the 2013 base year
emissions inventory for the WSV NAA as meeting the requirements of CAA
section 172(c)(3) and 40 CFR 51.1008(a)(1).
VII. Proposed Action
The EPA is proposing to approve the Pinehurst PM10 NAA
LMP submitted by the IDEQ for the Pinehurst NAA and concurrently
redesignate the area to attainment for the PM10 NAAQS. The
EPA has reviewed air quality data for the area and determined that the
Pinehurst NAA attained the PM10 NAAQS by the required
attainment date, and that air monitoring data continue to show
attainment. The EPA is proposing to approve that the Pinehurst
PM10 NAA LMP meets all of the requirements of an LMP and
that the Pinehurst NAA meets all of the requirements of redesignation
as described in this action.
The EPA is also taking action to propose approval of the September
15, 2013, high wind exceptional event that impacted PM10
values in the area.
The EPA is also taking action to propose approval of the WSV Annual
PM2.5 base year Emissions Inventory as meeting CAA 172(c)(3)
requirements.
VIII. 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
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 it does not involve technical standards; 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, 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: April 30, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-09992 Filed 5-10-18; 8:45 am]
BILLING CODE 6560-50-P