Air Plan Approval; Idaho; Interstate Transport Requirements for the 2012 PM2.5, 33892-33894 [2018-15251]
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33892
Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules
obligations discussed herein do not
apply to Indian tribes and thus this
proposed action will not impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 25, 2018.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
Dated: June 26, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018–15343 Filed 7–17–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0509; FRL–9980–
89—Region 10]
Air Plan Approval; Idaho; Interstate
Transport Requirements for the 2012
PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
amozie on DSK3GDR082PROD with PROPOSALS1
Table of Contents
The Clean Air Act (CAA)
requires each State Implementation Plan
(SIP) to contain adequate provisions
prohibiting emissions that will have
certain adverse air quality effects in
other states. On December 23, 2015, the
State of Idaho made a submission to the
Environmental Protection Agency (EPA)
to address these requirements. The EPA
is proposing to approve the submission
as meeting the requirement that each
SIP contain adequate provisions to
prohibit emissions that will contribute
significantly to nonattainment or
interfere with maintenance of the 2012
annual fine particulate matter (PM2.5)
national ambient air quality standard
(NAAQS) in any other state.
DATES: Comments must be received on
or before August 17, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2018–0509 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
SUMMARY:
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received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information the disclosure of which 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://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, Air Planning Unit, Office of Air
and Waste (OAW–150), Environmental
Protection Agency, Region 10, 1200
Sixth Ave, Suite 155, Seattle, WA
98101; telephone number: (206) 553–
0256; email address: hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. This supplementary
information section is arranged as
follows:
I. What is the background of this SIP
submission?
II. What guidance or information is the EPA
using to evaluate this SIP submission?
III. The EPA’s Review
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background of this SIP
submission?
This rulemaking addresses a
submission from the Idaho Department
of Environmental Quality (IDEQ)
assessing interstate transport
requirements for the 2012 annual PM2.5
NAAQS. The requirement for states to
make a SIP submission of this type
arises from section 110(a)(1) of the CAA.
Pursuant to section 110(a)(1), states
must submit within 3 years (or such
shorter period as the Administrator may
prescribe) after the promulgation of a
national primary ambient air quality
standard (or any revision thereof), a
plan that provides for the
implementation, maintenance, and
enforcement of such NAAQS. The
statute directly imposes on states the
duty to make these SIP submissions,
and the requirement to make the
submissions is not conditioned upon
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the EPA taking any action other than
promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of
specific elements that ‘‘[e]ach such
plan’’ submission must address. The
EPA commonly refers to such state
plans as ‘‘infrastructure SIPs.’’
Specifically, this rulemaking addresses
the requirements under CAA section
110(a)(2)(D)(i)(I), otherwise known as
the ‘‘good neighbor’’ provision, which
requires SIPs to contain adequate
provisions to prohibit emissions that
will contribute significantly to
nonattainment or interfere with
maintenance of the NAAQS in any other
state.
II. What guidance or information is the
EPA using to evaluate this SIP
submission?
The most recent relevant document
was a memorandum published on
March 17, 2016, titled ‘‘Information on
the Interstate Transport ‘‘Good
Neighbor’’ Provision for the 2012 Fine
Particulate Matter National Ambient Air
Quality Standards under Clean Air Act
Section 110(a)(2)(D)(i)(I)’’
(memorandum). The memorandum
describes the EPA’s past approach to
addressing interstate transport, and
provides the EPA’s general review of
relevant modeling data and air quality
projections as they relate to the 2012
annual PM2.5 NAAQS. The
memorandum provides information
relevant to the EPA regional office
review of the CAA section
110(a)(2)(D)(i)(I) ‘‘good neighbor’’
provision in infrastructure SIPs with
respect to the 2012 annual PM2.5
NAAQS. This rulemaking considers
information provided in that
memorandum.
The memorandum also provides
states and the EPA regional offices with
future year annual PM2.5 design values
for monitors in the United States based
on quality assured and certified ambient
monitoring data and air quality
modeling. The memorandum describes
how these projected potential design
values can be used to help determine
which monitors should be further
evaluated to potentially address
whether emissions from other states
significantly contribute to
nonattainment or interfere with
maintenance of the 2012 annual PM2.5
NAAQS at those sites. The
memorandum explains that the
pertinent year for evaluating air quality
for purposes of addressing interstate
transport for the 2012 PM2.5 NAAQS is
2021, the attainment deadline for 2012
PM2.5 NAAQS nonattainment areas
classified as Moderate.
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Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules
Based on this approach, the potential
receptors are outlined in the
memorandum. Most of the potential
receptors are in California, located in
the San Joaquin Valley or South Coast
nonattainment areas. However, there is
also one potential receptor in Shoshone
County, Idaho, and one potential
receptor in Allegheny County,
Pennsylvania. The memorandum also
indicates that for certain states with
incomplete ambient monitoring data,
additional information including the
latest available data should be analyzed
to determine whether there are potential
downwind air quality problems that
may be impacted by transported
emissions.
This rulemaking considers analysis in
Idaho’s submission, as well as
additional analysis conducted by the
EPA during review of its submission.
For more information on how we
conducted our analysis, please see the
technical support document (TSD)
included in the docket for this action.
amozie on DSK3GDR082PROD with PROPOSALS1
III. The EPA’s Review
This rulemaking proposes action on
Idaho’s December 23, 2015, SIP
submission addressing the good
neighbor provision requirements of
CAA section 110(a)(2)(D)(i)(I). State
plans must address specific
requirements of the good neighbor
provisions (commonly referred to as
‘‘prongs’’), including:
—Prohibiting any source or other type
of emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in
another state (prong one); and
—Prohibiting any source or other type
of emissions activity in one state from
interfering with maintenance of the
NAAQS in another state (prong two).
The EPA has developed a consistent
framework for addressing the prong one
and two interstate transport
requirements with respect to the PM2.5
NAAQS in several previous federal
rulemakings. The four basic steps of that
framework include: (1) Identifying
downwind receptors that are expected
to have problems attaining or
maintaining the relevant NAAQS; (2)
identifying which upwind states
contribute to these identified problems
in amounts sufficient to warrant further
review and analysis; (3) for states
identified as contributing to downwind
air quality problems, identifying
upwind emissions reductions necessary
to prevent an upwind state from
significantly contributing to
nonattainment or interfering with
maintenance of the relevant NAAQS
downwind; and (4) for states that are
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found to have emissions that
significantly contribute to
nonattainment or interfere with
maintenance of the relevant NAAQS
downwind, reducing the identified
upwind emissions through adoption of
permanent and enforceable measures.
This framework was applied with
respect to PM2.5 in the Cross-State Air
Pollution Rule (CSAPR), designed to
address both the 1997 and 2006 PM2.5
standards, as well as the 1997 ozone
standard.1
In its submission, IDEQ reviewed
2010 to 2014 air quality monitoring data
to identify potential downwind
receptors that may have problems
attaining or maintaining the 2012 PM2.5
NAAQS. IDEQ then reviewed
geographical distance, topography,
meteorology (local air stagnation and
prevailing wind patterns), Interagency
Monitoring of Protected Visual
Environment (IMPROVE) monitoring
data and regional modeling conducted
by the Western Regional Air Partnership
(WRAP), 2011 national emission
inventory (NEI) data, and the EPA’s
technical support document for
California areas designated as
nonattainment for the 2012 annual
PM2.5 NAAQS.2 From this analysis IDEQ
concluded that Idaho does not
significantly contribute to
nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS
in any other state.
As discussed in the TSD for this
action, we came to the same conclusion
as the state. In our evaluation, potential
downwind nonattainment and
maintenance receptors were identified
in other states. The EPA evaluated these
potential receptors to determine first if,
based on review of relevant data and
other information, there would be
downwind nonattainment or
maintenance problems, and if so,
whether Idaho contributes to such
problems in these areas. After reviewing
air quality reports, modeling results,
designation letters, designation
technical support documents,
attainment plans and other information
for these areas, we find there is no
contribution sufficient to warrant
additional SIP measures. Therefore, we
are proposing to approve the Idaho SIP
as meeting CAA section 110(a)(2)(i)(I)
1 Idaho was not part of the CSAPR rulemaking.
The EPA approved the Idaho SIP as meeting the
CAA section 110(a)(2)(D)(i)(I) requirements for the
1997 ozone and 1997 PM2.5 NAAQS on November
26, 2010 (75 FR 72705) and the 2006 PM2.5 NAAQS
on April 17, 2015 (80 FR 21181).
2 See California: Imperial County, Los AngelesSouth Coast Air Basin, Plumas County, San Joaquin
Valley Area Designations for the 2012 Primary
Annual PM2.5 National Ambient Air Quality
Standard Technical Support Document.
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33893
interstate transport requirements for the
2012 PM2.5 NAAQS.
IV. What action is the EPA taking?
The EPA is proposing to approve
IDEQ’s December 23, 2015, submission
certifying that the Idaho SIP is sufficient
to meet the interstate transport
requirements of CAA section
110(a)(2)(D)(i)(I), specifically prongs one
and two, as set forth above. The EPA is
requesting comments on the proposed
approval.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive 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
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Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: July 3, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018–15251 Filed 7–17–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0276; FRL–9980–
93—Region 5]
Air Plan Approval; Illinois; Permit-byRule Provisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Illinois State
Implementation Plan (SIP) to establish a
general framework for permits-by-rule
(PBR) and specifically provide a PBR for
small boilers. In addition, EPA is
proposing to approve other state
provisions that are affected by the
addition of the PBR regulations, as well
as minor changes in nomenclature.
DATES: Comments must be received on
or before August 17, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2017–0276 at https://
www.regulations.gov, or via email to
damico.genevieve@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
amozie on DSK3GDR082PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
17:43 Jul 17, 2018
Jkt 244001
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For 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:
Danny Marcus, Environmental Engineer,
Air Permits Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8781, marcus.danny@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
A. Minor New Source Review
B. Title V Operating Permit Program
C. Permits-by-Rule
II. Discussion of the State’s Submittal
A. Rule Revisions That EPA Is Proposing
To Approve
B. Rule Revision for Which EPA Is Taking
No Action
III. What is EPA’s analysis?
A. The Revisions Are Consistent With
Section 110(a)(2)(C) of the CAA and the
Applicable Regulations
B. The Revisions Do Not Interfere With
Any Applicable CAA Requirement
Under Section 110(l) of the CAA
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
A. Minor New Source Review
Section 110(a)(2)(C) of the Clean Air
Act (CAA) requires that every SIP
include a program to regulate the
construction and modification of
stationary sources to ensure attainment
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and maintenance of the National
Ambient Air Quality Standards
(NAAQS). Parts C and D of the CAA
(sections 160 through 190) require the
establishment of a New Source Review
(NSR) program for sources whose
Potential to Emit (PTE) is above certain
air pollution thresholds. For such
‘‘major sources,’’ Prevention of
Significant Deterioration (PSD)
provisions will generally apply in areas
that have attained the NAAQS, while
Nonattainment New Source Review
(NNSR) provisions will apply in areas
that have not attained the NAAQS.
The permitting program for minor
sources is addressed by section
110(a)(2)(C) of the CAA. A minor source
is one whose PTE is lower than the
major NSR applicability threshold for a
particular pollutant. States must
develop minor NSR programs to comply
with the Federal requirements for state
minor NSR programs contained in 40
CFR 51.160 through 51.164. The
provisions of a minor NSR program
must include legally enforceable
procedures that enable the permitting
authority to determine whether the
construction or modification of a source
will result in a violation of applicable
portions of the control strategy or
interfere with attainment or
maintenance of a NAAQS. 40 CFR
51.160(a).
The minor NSR requirements are
considerably less prescriptive than
those for major sources. EPA has long
recognized that such rules are an
effective means to ensure that sources
whose emissions are less than the major
source thresholds are nonetheless
reviewed to ensure protection of the
NAAQS. See, e.g., 76 FR 38748, 38752
(July 1, 2011). The Illinois
Environmental Protection Agency
(IEPA) implements the minor source
NSR program under 35 Illinois
Administrative Code (IAC) 201. EPA
approved Illinois’ minor NSR program
on December 17, 1992 (57 FR 59928).
B. Title V Operating Permit Program
Title V of the CAA (sections 501
through 507) requires that all major
stationary sources have permits that
contain all requirements that are
applicable under the CAA, as well as
adequate monitoring. Title V and its
implementing regulations at 40 CFR part
70 provide for the establishment of
comprehensive State air quality
operating permitting programs
consistent with the requirements of title
V. The title V operating permit program
in Illinois, which EPA fully approved
on November 30, 2001, is referred to as
the Clean Air Act Permit Program or
‘‘CAAPP’’ (66 FR 62946, December 4,
E:\FR\FM\18JYP1.SGM
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Agencies
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Proposed Rules]
[Pages 33892-33894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15251]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0509; FRL-9980-89--Region 10]
Air Plan Approval; Idaho; Interstate Transport Requirements for
the 2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Clean Air Act (CAA) requires each State Implementation
Plan (SIP) to contain adequate provisions prohibiting emissions that
will have certain adverse air quality effects in other states. On
December 23, 2015, the State of Idaho made a submission to the
Environmental Protection Agency (EPA) to address these requirements.
The EPA is proposing to approve the submission as meeting the
requirement that each SIP contain adequate provisions to prohibit
emissions that will contribute significantly to nonattainment or
interfere with maintenance of the 2012 annual fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS) in any
other state.
DATES: Comments must be received on or before August 17, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0509 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 the disclosure of which 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://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office
of Air and Waste (OAW-150), Environmental Protection Agency, Region 10,
1200 Sixth Ave, Suite 155, Seattle, WA 98101; telephone number: (206)
553-0256; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA. This supplementary
information section is arranged as follows:
Table of Contents
I. What is the background of this SIP submission?
II. What guidance or information is the EPA using to evaluate this
SIP submission?
III. The EPA's Review
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background of this SIP submission?
This rulemaking addresses a submission from the Idaho Department of
Environmental Quality (IDEQ) assessing interstate transport
requirements for the 2012 annual PM2.5 NAAQS. The
requirement for states to make a SIP submission of this type arises
from section 110(a)(1) of the CAA. Pursuant to section 110(a)(1),
states must submit within 3 years (or such shorter period as the
Administrator may prescribe) after the promulgation of a national
primary ambient air quality standard (or any revision thereof), a plan
that provides for the implementation, maintenance, and enforcement of
such NAAQS. The statute directly imposes on states the duty to make
these SIP submissions, and the requirement to make the submissions is
not conditioned upon the EPA taking any action other than promulgating
a new or revised NAAQS. Section 110(a)(2) includes a list of specific
elements that ``[e]ach such plan'' submission must address. The EPA
commonly refers to such state plans as ``infrastructure SIPs.''
Specifically, this rulemaking addresses the requirements under CAA
section 110(a)(2)(D)(i)(I), otherwise known as the ``good neighbor''
provision, which requires SIPs to contain adequate provisions to
prohibit emissions that will contribute significantly to nonattainment
or interfere with maintenance of the NAAQS in any other state.
II. What guidance or information is the EPA using to evaluate this SIP
submission?
The most recent relevant document was a memorandum published on
March 17, 2016, titled ``Information on the Interstate Transport ``Good
Neighbor'' Provision for the 2012 Fine Particulate Matter National
Ambient Air Quality Standards under Clean Air Act Section
110(a)(2)(D)(i)(I)'' (memorandum). The memorandum describes the EPA's
past approach to addressing interstate transport, and provides the
EPA's general review of relevant modeling data and air quality
projections as they relate to the 2012 annual PM2.5 NAAQS.
The memorandum provides information relevant to the EPA regional office
review of the CAA section 110(a)(2)(D)(i)(I) ``good neighbor''
provision in infrastructure SIPs with respect to the 2012 annual
PM2.5 NAAQS. This rulemaking considers information provided
in that memorandum.
The memorandum also provides states and the EPA regional offices
with future year annual PM2.5 design values for monitors in
the United States based on quality assured and certified ambient
monitoring data and air quality modeling. The memorandum describes how
these projected potential design values can be used to help determine
which monitors should be further evaluated to potentially address
whether emissions from other states significantly contribute to
nonattainment or interfere with maintenance of the 2012 annual
PM2.5 NAAQS at those sites. The memorandum explains that the
pertinent year for evaluating air quality for purposes of addressing
interstate transport for the 2012 PM2.5 NAAQS is 2021, the
attainment deadline for 2012 PM2.5 NAAQS nonattainment areas
classified as Moderate.
[[Page 33893]]
Based on this approach, the potential receptors are outlined in the
memorandum. Most of the potential receptors are in California, located
in the San Joaquin Valley or South Coast nonattainment areas. However,
there is also one potential receptor in Shoshone County, Idaho, and one
potential receptor in Allegheny County, Pennsylvania. The memorandum
also indicates that for certain states with incomplete ambient
monitoring data, additional information including the latest available
data should be analyzed to determine whether there are potential
downwind air quality problems that may be impacted by transported
emissions.
This rulemaking considers analysis in Idaho's submission, as well
as additional analysis conducted by the EPA during review of its
submission. For more information on how we conducted our analysis,
please see the technical support document (TSD) included in the docket
for this action.
III. The EPA's Review
This rulemaking proposes action on Idaho's December 23, 2015, SIP
submission addressing the good neighbor provision requirements of CAA
section 110(a)(2)(D)(i)(I). State plans must address specific
requirements of the good neighbor provisions (commonly referred to as
``prongs''), including:
--Prohibiting any source or other type of emissions activity in one
state from contributing significantly to nonattainment of the NAAQS in
another state (prong one); and
--Prohibiting any source or other type of emissions activity in one
state from interfering with maintenance of the NAAQS in another state
(prong two).
The EPA has developed a consistent framework for addressing the
prong one and two interstate transport requirements with respect to the
PM2.5 NAAQS in several previous federal rulemakings. The
four basic steps of that framework include: (1) Identifying downwind
receptors that are expected to have problems attaining or maintaining
the relevant NAAQS; (2) identifying which upwind states contribute to
these identified problems in amounts sufficient to warrant further
review and analysis; (3) for states identified as contributing to
downwind air quality problems, identifying upwind emissions reductions
necessary to prevent an upwind state from significantly contributing to
nonattainment or interfering with maintenance of the relevant NAAQS
downwind; and (4) for states that are found to have emissions that
significantly contribute to nonattainment or interfere with maintenance
of the relevant NAAQS downwind, reducing the identified upwind
emissions through adoption of permanent and enforceable measures. This
framework was applied with respect to PM2.5 in the Cross-
State Air Pollution Rule (CSAPR), designed to address both the 1997 and
2006 PM2.5 standards, as well as the 1997 ozone standard.\1\
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\1\ Idaho was not part of the CSAPR rulemaking. The EPA approved
the Idaho SIP as meeting the CAA section 110(a)(2)(D)(i)(I)
requirements for the 1997 ozone and 1997 PM2.5 NAAQS on
November 26, 2010 (75 FR 72705) and the 2006 PM2.5 NAAQS
on April 17, 2015 (80 FR 21181).
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In its submission, IDEQ reviewed 2010 to 2014 air quality
monitoring data to identify potential downwind receptors that may have
problems attaining or maintaining the 2012 PM2.5 NAAQS. IDEQ
then reviewed geographical distance, topography, meteorology (local air
stagnation and prevailing wind patterns), Interagency Monitoring of
Protected Visual Environment (IMPROVE) monitoring data and regional
modeling conducted by the Western Regional Air Partnership (WRAP), 2011
national emission inventory (NEI) data, and the EPA's technical support
document for California areas designated as nonattainment for the 2012
annual PM2.5 NAAQS.\2\ From this analysis IDEQ concluded
that Idaho does not significantly contribute to nonattainment or
interfere with maintenance of the 2012 PM2.5 NAAQS in any
other state.
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\2\ See California: Imperial County, Los Angeles-South Coast Air
Basin, Plumas County, San Joaquin Valley Area Designations for the
2012 Primary Annual PM2.5 National Ambient Air Quality
Standard Technical Support Document.
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As discussed in the TSD for this action, we came to the same
conclusion as the state. In our evaluation, potential downwind
nonattainment and maintenance receptors were identified in other
states. The EPA evaluated these potential receptors to determine first
if, based on review of relevant data and other information, there would
be downwind nonattainment or maintenance problems, and if so, whether
Idaho contributes to such problems in these areas. After reviewing air
quality reports, modeling results, designation letters, designation
technical support documents, attainment plans and other information for
these areas, we find there is no contribution sufficient to warrant
additional SIP measures. Therefore, we are proposing to approve the
Idaho SIP as meeting CAA section 110(a)(2)(i)(I) interstate transport
requirements for the 2012 PM2.5 NAAQS.
IV. What action is the EPA taking?
The EPA is proposing to approve IDEQ's December 23, 2015,
submission certifying that the Idaho SIP is sufficient to meet the
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I),
specifically prongs one and two, as set forth above. The EPA is
requesting comments on the proposed approval.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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
[[Page 33894]]
application of those requirements would be inconsistent with the CAA;
and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: July 3, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-15251 Filed 7-17-18; 8:45 am]
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