Determination of Attainment by the Attainment Date and Clean Data Determination for the Logan, UT-ID 2006 24-Hour PM2.5, 33886-33892 [2018-15343]
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[FR Doc. 2018–15326 Filed 7–17–18; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R08–OAR–2018–0309 and EPA–R10–
OAR–2018–0316: FRL–9980–88—Region 8]
Determination of Attainment by the
Attainment Date and Clean Data
Determination for the Logan, UT-ID
2006 24-Hour PM2.5 Nonattainment
Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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The Environmental Protection
Agency (EPA) is proposing a
determination of attainment by the
attainment date and a clean data
determination (CDD) for the 2006 24hour fine particulate matter (PM2.5)
Logan, Utah (UT)-Idaho (ID)
nonattainment area. The determination
is based upon quality-assured, qualitycontrolled and certified ambient air
monitoring data showing that the area
has attained the 2006 24-hour PM2.5
National Ambient Air Quality Standards
(NAAQS) based on 2015–2017 data
available in the EPA’s Air Quality
System (AQS) database. Based on the
proposed determination that the Logan,
UT-ID nonattainment area is currently
attaining the 24-hour PM2.5 NAAQS, the
EPA is also proposing to determine that
the obligation for Utah and Idaho to
make submissions to meet certain Clean
Air Act (CAA or the Act) requirements
related to attainment of the NAAQS for
this area is not applicable for as long as
the area continues to attain the NAAQS.
DATES: Comments must be received on
or before August 17, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2018–0309 and/or Docket ID No.
EPA–R10–OAR–2018–0316 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.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
SUMMARY:
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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:
Crystal Ostigaard, Air Program, EPA,
Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6602,
ostigaard.crystal@epa.gov, or Matthew
Jentgen, Air Planning Unit, Office of Air
and Waste (OAW–150), EPA, Region 10,
1200 Sixth Avenue, Suite 900, Seattle,
Washington 98101; (206) 553–0340;
jentgen.matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
I. Background
A. Designation and Classification of
PM2.5 Nonattainment Areas
On October 17, 2006 (71 FR 61144),
the EPA revised the level of the 24-hour
PM2.5 NAAQS, lowering the primary
and secondary standards from the 1997
standard of 65 micrograms per cubic
meter (mg/m3) to 35 mg/m3. The EPA
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retained the form of the 1997 24-hour
standard, that is, the 98th percentile of
the annual 24-hour concentrations at
each population-oriented monitor
within an area, averaged over 3 years. 71
FR 61164–5 (October 17, 2006).
On November 13, 2009 (74 FR 58688),
the EPA designated a number of areas as
nonattainment for the 24-hour PM2.5
NAAQS of 35 mg/m3, including the
Logan, UT-ID nonattainment area. The
EPA originally designated these areas
under the general provisions of CAA
title I, part D, subpart 1 (‘‘subpart 1’’),
under which attainment plans must
provide for the attainment of a specific
NAAQS (in this case, the 2006 PM2.5
standards) as expeditiously as
practicable, but no later than 5 years
from the date the areas were designated
nonattainment.
Subsequently, on January 4, 2013, the
U.S. Court of Appeals for the District of
Columbia Circuit held in NRDC v. EPA 1
that the EPA should have implemented
the 2006 24-hour PM2.5 standard based
on both the general nonattainment area
requirements in subpart 1 and the PMspecific requirements of CAA title I, part
D, subpart 4 (‘‘subpart 4’’). In response
to the Court’s decision in NRDC v. EPA,
on June 2, 2014 (79 FR 31566), the EPA
finalized the ‘‘Identification of
Nonattainment Classification and
Deadlines for Submission of State
Implementation Plan (SIP) Provisions
for the 1997 Fine Particulate (PM2.5)
NAAQS and 2006 PM2.5 NAAQS.’’ This
rule classified the areas that were
designated in 2009 as nonattainment to
Moderate, and set the attainment SIP
submittal due date for those areas at
December 31, 2014.
After the court’s decision, on
December 16, 2014, the Utah
Department of Air Quality (UDAQ)
withdrew all prior Logan, UT-ID PM2.5
SIP submissions and submitted a new
SIP to address both the general
requirements of subpart 1 and the PMspecific requirements of subpart 4 for
Moderate areas. Additionally, on
December 24, 2014, the Idaho
Department of Environmental Quality
(IDEQ) submitted a supplement to the
2012 SIP submission (‘‘2014
amendment’’) that included additional
analyses intended to meet CAA subpart
4 requirements.
On August 24, 2016, the EPA
finalized the Fine Particulate Matter
National Ambient Air Quality
Standards: State Implementation Plan
Requirements (‘‘PM2.5 SIP Requirements
Rule’’), 81 FR 58010, which addressed
the January 4, 2013 court ruling. The
final PM2.5 SIP Requirements Rule
1 706
F.3d 428 (D.C. Cir. 2013).
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provides the EPA’s interpretation of the
requirements applicable to PM2.5
nonattainment areas and explains how
air agencies can meet the statutory SIP
requirements that apply under subparts
1 and 4 to areas designated
nonattainment for any PM2.5 NAAQS.
B. Two, 1-Year Extensions for the Logan,
UT-ID Nonattainment Area
Under CAA section 188(d) and 40
CFR 51.1005, the EPA may grant a
state’s request to extend the attainment
date for a Moderate area for a 24-hour
PM2.5 standard if: ‘‘(1) the State has
complied with all requirements and
commitments pertaining to the area in
the applicable implementation plan;
and (2) the 98th percentile 24-hour
concentration at each monitor in the
area for the calendar year that includes
the applicable attainment date is less
than or equal to the level of the
applicable 24-hour standard.’’ The EPA
cannot issue more than two, 1-year
extensions for a single Moderate area.
Both the State of Utah and the State
of Idaho submitted requests to extend
the attainment date to December 31,
2016, and then to December 31, 2017.2
The EPA granted those requests on
September 8, 2017 (82 FR 42447). As a
result, the EPA must examine monitor
data values from 2015–2017 to
determine whether the Logan, UT-ID
area attained the NAAQS by the
extended attainment date.
C. Prior Actions on the Utah Portion of
the Logan, UT-ID Nonattainment Area
The EPA previously acted on the area
source rules and reasonably available
control measure (RACM) analyses of the
Utah Moderate PM2.5 nonattainment
area plan on September 9, 2015 (80 FR
54237), February 25, 2016 (81 FR 9343),
October 19, 2016 (81 FR 71988) and
September 14, 2017 (82 FR 43205). We
have not acted on, approved or
disapproved, any other portion of the
Logan, UT-ID PM2.5 attainment plan
submitted by UDAQ. Since the EPA has
not disapproved any portion of the plan,
the clocks for sanctions under 179(a)
and for a FIP under 110(c) are not in
effect for the Utah portion of the Logan,
UT-ID nonattainment area.
Additionally, we proposed to approve
the attainment demonstration and motor
vehicle emission budgets (MVEB) for
the Utah portion on December 4, 2017
(82 FR 57183).
2 Each of the extension requests from Idaho and
Utah can be found in the Region 8 and Region 10
dockets for the Logan, UT-ID nonattainment area
proposed extension request actions. See EPA–R08–
OAR–2017–0216 and EPA–R10–OAR–2017–0193.
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D. Prior Action on the Idaho Portion of
the Logan, UT-ID Nonattainment Area
Initially, the EPA approved Idaho’s
baseline emissions inventory on July 18,
2014 (79 FR 41904), and also approved
certain control measures, including
local ordinances and road sanding
agreements, submitted in Idaho’s
attainment plan on March 24, 2014 (79
FR 16201). Subsequently, on January 4,
2017 (82 FR 729), the EPA published a
partial approval and partial disapproval
of the attainment plan for the Idaho
portion of the Logan, UT-ID PM2.5
nonattainment area. Specifically, the
EPA approved Idaho’s determination of
which pollutants must be evaluated for
control in the Idaho portion of the
nonattainment and Idaho’s RACM and
reasonably available control technology
(RACT) provisions. The EPA deferred
action on the attainment demonstration,
reasonable further progress (RFP),
quantitative milestone, and MVEB
requirements. Additionally, we
disapproved the contingency measure
element of Idaho’s attainment plan.3
Since the EPA has disapproved this
portion of the plan, the clocks for
sanctions under 179(a) and for a FIP
under 110(c) are in effect for the Idaho
portion of the Logan, UT-ID
nonattainment area. As discussed
below, if the EPA finalizes this action,
the clocks for sanctions and for a FIP
will be deferred.
On August 8, 2017 (82 FR 37025),
based on newly available air quality
monitoring data, the EPA approved
Idaho’s attainment demonstration and
approved Idaho’s 2014 MVEB as early
progress budgets. Additionally, the EPA
conditionally approved the RFP,
quantitative milestone and revised
MVEB requirements. Idaho committed
to submit revisions for the conditionally
approved elements by August 1, 2018.
II. Determination of Attainment by the
Attainment Date
Under CAA section 188(b)(2), the EPA
is required to determine within 6
months of the applicable attainment
date whether a nonattainment area
attained the standard by that date. As
discussed above, on September 8, 2017,
the EPA extended the attainment date
for the Logan, UT-ID area to December
31, 2017. Under the EPA regulations at
40 CFR 50.13 and part 50, appendix N,
section 4.2, the 2006 primary and
secondary 24-hour PM2.5 NAAQS are
met when the 24-hour PM2.5 NAAQS
design value at each eligible monitoring
site is less than or equal to 35 mg/m3.
3 The EPA extended the effective date of this
partial approval and partial disapproval to April 20,
2017. See 82 FR 14463.
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For the 24-hour PM2.5 standards,
appendix N defines eligible monitoring
sites as those that meet the technical
requirements in 40 CFR 58.11 and
58.30. Three years of valid annual PM2.5
98th percentile mass concentrations are
required to produce a valid 24-hour
PM2.5 NAAQS design value. A year
meets data completeness requirements
when quarterly data capture rates for all
four quarters are at least 75%.
Nonetheless, where the 75% data
capture requirement is not met, the 24hour PM2.5 NAAQS design value shall
still be considered valid if it passes the
maximum quarterly value data
substitution test.
In accordance with the EPA
regulations at 40 CFR part 50, appendix
N, a finding of attainment of the 2006
24-hour PM2.5 NAAQS must be based
upon complete, quality-assured data
gathered at established state and local
air monitoring stations (SLAMS) and
national air monitoring stations (NAMS)
in the nonattainment area and entered
in the EPA Air Quality System (AQS).
Data from air monitors operated by
state/local/tribal agencies in compliance
with the EPA monitoring requirements
must be submitted to AQS. Monitoring
agencies annually certify that these data
are accurate to the best of their
knowledge. Accordingly, the EPA relies
primarily on data in AQS when
determining the attainment status of
areas. See 40 CFR 50.13; 40 CFR part 50,
appendix L; 40 CFR part 53; 40 CFR part
58, and 40 CFR part 58, appendices A,
C, D, and E. All data are reviewed to
determine the area’s air quality status in
accordance with 40 CFR 50, appendix
N.
Additionally, a determination of
attainment is not equivalent to a
redesignation, and the state must still
meet the statutory requirements for
redesignation in order to be
redesignated to attainment.
A. Monitoring Network and Data
Considerations
Determining whether an area has
attained the NAAQS pursuant to CAA
section 188(b)(2) is based on monitored
air quality data. Thus, the validity of a
determination of attainment depends in
part on whether the monitoring network
adequately measures ambient PM2.5
levels in the nonattainment area. The
UDAQ and the IDEQ are the
governmental agencies with the
authority and responsibilities under
each state’s laws for collecting ambient
air quality data for the Logan, UT-ID
nonattainment area. Annually, UDAQ
and IDEQ submit monitoring network
plans to the EPA. These plans document
the establishment and maintenance of
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the air monitoring network, as required
under 40 CFR part 58. With respect to
PM2.5 monitoring in the Logan, UT-ID
nonattainment area, the EPA Regional
offices for Region 8 and Region 10 have
found that UDAQ’s and IDEQ’s annual
network plans, respectively, met the
applicable requirements under 40 CFR
part 58 for the relevant period, 2015–
2017, with the exception (discussed
below) of UDAQ’s 2015 network plan.
Also, UDAQ and IDEQ annually certify
that the data they submit to AQS are
quality assured.
The UDAQ and IDEQ each operated
PM2.5 SLAMS monitors during the
2015–2017 period within the Logan,
UT-ID PM2.5 nonattainment area. In
2015, UDAQ operated two PM2.5
monitoring sites, at Logan and
Smithfield, and in 2016 and 2017,
UDAQ operated only the Smithfield
monitoring site. The IDEQ monitoring
site for 2015, 2016 and 2017 was located
in Franklin, Idaho.
B. Logan/Smithfield, Utah Monitoring
The 2015 Annual Monitoring Network
Plan (AMNP) and Five-Year Network
Assessment was submitted by UDAQ in
June 2015. This plan and assessment
was not reviewed and acted on by
Region 8 due to Region 8’s Technical
Support Audit (TSA), which was
completed in August 2015, and found
major and minor/observation issues
with the network. The objective of a
TSA is to review a quality assurance
(QA) system in order to evaluate the
system’s ability to ensure quality, in this
case, the reporting of valid data to the
EPA’s AQS database. The QA
requirements of 40 CFR part 58,
appendices A through E pertain to
regulatory air monitoring at SLAMS. A
major finding may indicate that invalid
data have been loaded in AQS or, if not
corrected, future operations may result
in collection of invalid data, and a
minor/observation finding will not
necessarily lead to data loss or
invalidation, but warrant investigation,
appropriate follow-up and audit
response. Additional details pertaining
to the major and minor findings can be
found in the 2015 TSA in the Region 8
docket (EPA–R08–OAR–2018–0309).
Due to these monitoring issues, the
EPA was not able to approve UDAQ’s
2015 AMNP and a large number of
samples from the filter-based Federal
Reference Method (FRM) monitor in
Logan and Smithfield were invalidated.4
The EPA worked with UDAQ to correct
these deficiencies found in the August
2015 TSA and after their review of the
4 May 8, 2017 EPA Region 8 Memorandum;
Logan, Utah PM2.5 2015 Design Value.
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PM2.5 data for 2015, UDAQ removed the
invalid samples for the Logan FRM
monitor and left the valid samples in
the AQS database. Additionally, some
continuous sampler data from the Logan
co-located Federal Equivalent Method
(FEM) monitor were determined to have
sufficient QA to meet NAAQS
comparison requirements. Data from
this co-located monitor were used to fill
in some of the missing days in 2015,
adding to the total number of samples
that can be used to determine a 98th
percentile value for that year and
providing for a complete 2015
monitoring year. Utah used the
methodology found in 40 CFR part 50,
appendix N sections 3.0(d)(2) and 3.0(e)
to substitute FEM data for the days
without FRM data.
The EPA has reviewed the Logan site
and, using the criteria found in 40 CFR
part 58, appendix A, has determined
that the QA for the continuous FEM
monitor is acceptable. We therefore
agree that the data from the FEM
monitor can be substituted for the days
for which the FRM monitor data was
invalid, which would provide for a
complete year in 2015 to be used in
showing attainment. Pursuant to 40 CFR
50, appendix N, the standard must be
met at each ‘‘eligible monitoring site,’’
where an ‘‘eligible [monitoring] site’’ is
defined in appendix N as a site that
meets the requirements of 40 CFR 58.11
and 58.30. Thus, appendix N does not
require AMNP approval, only that the
monitoring site meets the substantive
requirements. Upon reviewing the
Logan and Smithfield sites, despite the
EPA not formally approving the 2015
AMNP, the EPA finds that the Logan
and Smithfield sites met the
requirements of 40 CFR 58.11 during
2015. On November 29, 2016, UDAQ
submitted a letter that contained the
AMP 430, AMP 450, AMP 256 and AMP
450NC reports required to certify the
2015 air quality data in Utah. UDAQ
completed the data certification process
in AQS and with the November 29, 2016
letter, certified that the 2015 air quality
data is accurate. Additional information
related to these monitors can be found
in the November 23, 2016 memoranda
found in the Region 8 docket (EPA–
R08–OAR–2018–0309).
On March 14, 2017, the EPA approved
Utah’s 2016 AMNP. As part of the
approval, we approved the closing of
the Logan monitoring station on
December 31, 2015 (AQS ID #49–005–
0004) and the establishment of the
Smithfield monitoring station (AQS ID
#49–005–0007) as a maximum
concentration site. Additionally, on
April 20, 2017, UDAQ submitted a letter
that contained the AMP 600 and AMP
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450NC reports required to certify the
2016 air quality data in Utah. UDAQ
completed the data certification process
in AQS and with the April 20, 2017
letter, certified that the 2016 air quality
data is accurate.
On October 27, 2017, the EPA
approved Utah’s 2017 AMNP, and on
April 10, 2018, the UDAQ submitted a
letter that contained the AMP 600 and
AMP 450NC reports required to certify
the 2017 air quality data in Utah. With
the April 10, 2018 letter, UDAQ
completed the data certification process
in AQS and certified that the 2017 air
quality data is accurate.
The Smithfield monitoring site data
was incomplete for 2015 because the
station, including the co-located
continuous monitor, was not operating
in January of that year. Thus, in order
to establish 3 years of valid data at the
Smithfield monitoring site, the EPA
proposes to combine the January 2015
Logan data with Smithfield’s February
through December 2015 data. In doing
so, we are considering not only our
approval of the replacement of the
Logan monitor with the Smithfield
monitor in the monitoring network, but
also the consistency of the data from the
two monitors. During 2015, data from
the two monitors on days above 10 mg/
m3 was well correlated. For details,
please see the June 13, 2018
memorandum to the docket entitled
‘‘Logan, Utah PM2.5 Monitoring Data Set
Determination Memo.’’
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C. Franklin, ID Monitoring
Idaho submitted its 2015 AMNP on
August 12, 2015. Until June 30, 2015,
Idaho had two regulatory air quality
monitors running at the Franklin, ID
site. As part of the network plan, Idaho
proposed to replace the very sharp cut
cyclone (VSCC) on its FEM continuous
monitor with a sharp cut cyclone (SCC),
making it a special purpose monitor for
Air Quality Index (AQI) reporting. This
change resulted in the FEM continuous
monitor becoming non-regulatory, as of
June 30, 2015. The EPA approved
Idaho’s 2015 AMNP on October 28,
2015.5
Idaho submitted its 2016 AMNP on
July 28, 2016. The EPA approved
Idaho’s network plan on December 13,
2016. The regulatory FRM monitor at
the Franklin, ID site did not meet the
completeness requirements in Quarter 2
of 2016. Per 40 CFR part 50, appendix
N, 4.2(c), when a monitor has less than
5 In the approval letter, the EPA noted that since
the alteration of the FEM continuous monitor did
not change the SLAMS network, the EPA approval
is not needed.
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75% capture in a quarter (but greater
than 50%), a substitution test can be
performed to determine the validity of
the data. The Franklin monitor had 70%
completeness in Quarter 2 of 2016. Per
the substitution test, the highest Quarter
2 value for the 3-year period under
consideration is substituted for all
missing data in the deficient quarter.
The 2015–2017 design value is the 3year period under consideration in this
case. The highest value is 10.3 mg/m3
within the 3-year period during that
quarter of the year. Applying the
maximum 10.3 mg/m3 PM2.5 value to the
missing data for the deficient quarter
(Quarter 2, 2016) does not affect the
2015–2017 design value at the Franklin
monitor.
Idaho submitted its initial 2017
AMNP on June 29, 2017, and submitted
an addendum on October 31, 2017. The
addendum requested changing the run
schedule of the regulatory FRM monitor
at the Franklin, ID site from every third
day to daily. The EPA approved the
2017 AMNP, including the run schedule
change, on November 8, 2017.6
D. Evaluation of Current Attainment
As discussed above, the EPA’s
evaluation of whether the Logan, UT-ID
PM2.5 nonattainment area has attained
the 2006 24-hour PM2.5 NAAQS is based
on our review of the monitoring data,
and takes into account the adequacy of
the PM2.5 monitoring network in the
nonattainment area and the reliability of
the data collected by the network as
discussed in the previous section of this
document.
Based on our review, the PM2.5
monitoring network for the Logan, UTID nonattainment area meets the
requirements stated above and is
therefore adequate for use in
determining whether the area attained
the 2006 24-hour PM2.5 NAAQS.
Additionally, the EPA has reviewed the
data for the most recent 3-year period
(2015–2017) for completeness and has
determined that the data collected by
UDAQ and IDEQ meets the
completeness criterion for all 12
quarters at the Smithfield, Utah and
Franklin, Idaho monitors.
The EPA reviewed the PM2.5 ambient
air monitoring data from the Smithfield,
Utah (AQS site 49–005–0007) and
Franklin, Idaho (AQS site 16–041–0001)
monitoring sites consistent with the
6 The November 8, 2017 AMNP approval letter
noted monitoring network deficiencies related to
ozone monitoring and deficiencies in Idaho’s
network monitoring plan, but these were not
deficiencies specific to PM2.5 air quality monitoring
in the Logan, UT-ID Metropolitan Statistical Area.
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requirements contained in 40 CFR part
50, as recorded in the EPA AQS
database for the Logan, UT-ID
nonattainment area. For purposes of
determining attainment by the
December 31, 2017 extended attainment
date, the EPA determined that the data
recorded in the AQS database was
certified and complete.
Additionally, UDAQ submitted
exceptional events demonstrations for
the year 2017. The PM2.5 SIP
Requirements Rule (81 FR 58010,
August 24, 2016) states:
Air quality monitoring data that the
EPA determines to have been influenced
by an exceptional event under the
procedural steps, substantive criteria,
and schedule specified in the
Exceptional Events Rule may be
excluded from regulatory decisions such
as initial area designations decisions
and decisions associated with
implementing the PM2.5 NAAQS such as
clean data determinations (CDD),
evaluation of attainment
demonstrations, and discretionary or
mandatory reclassifications of
nonattainment areas from Moderate to
Serious. While the EPA may agree with
the state’s request to exclude eventinfluenced air quality monitoring data
from regulatory decisions, these
regulatory actions require the EPA to
provide an opportunity for public
comment on the claimed exceptional
event and all supporting data prior to
the EPA taking final agency action.
The EPA concurred on these
exceptional events on June 15, 2018,
and the concurrence is included in the
Region 8 docket for this action (EPA–
R08–OAR–2018–0309). This proposed
determination of attainment and CDD
provides the public with an opportunity
to comment on the claimed exceptional
events, all supporting documents and
the EPA’s concurrence with the State of
Utah’s requests.
The design value for the 2006 24-hour
PM2.5 NAAQS for the years 2015–2017
at the Smithfield, Utah site was 33 mg/
m3 and 30 mg/m3 at the Franklin, Idaho
site, which is less than the standard of
35 mg/m3. See Table 1 below for the
annual 98th percentiles and 3-year
design value for the 2015–2017
monitoring period. On the basis of this
review, we are proposing to determine
that the Logan, UT-ID nonattainment
area attained the 2006 24-hour PM2.5
NAAQS by the attainment date.
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TABLE 1—2015–2017 LOGAN UT-ID NONATTAINMENT AREA PM2.5 MONITORING DATA
98th percentile (μg/m3)
Monitor name
2015–2017
24-hour design
value
(μg/m3)
AQS site ID
2015
Smithfield, UT ......................................................................
Franklin, ID ...........................................................................
49–005–0007
16–041–0001
2016
a 28.9
2017
34.4
33.3
18.8
36.0
a 33
b 38.3
b 30
a This
value combines monitor data from the Logan, UT and Smithfield, UT monitors. The EPA concurred exceptional events are excluded.
value includes 1 in 3 monitoring frequency from January 1–August 9, 2017, and daily monitoring frequency from August 10–December
31, 2017.
b This
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III. Clean Data Determination
Over the past 2 decades, the EPA has
consistently applied its ‘‘Clean Data
Policy’’ interpretation to attainment
related provisions of subparts 1, 2, and
4 of the CAA. The EPA codified the
approach in the Clean Data Policy in the
PM2.5 SIP Requirements Rule (40 CFR
51.1015(a)) for the implementation of
current and future PM2.5 NAAQS. See
81 FR 58010, 58161 (August 24, 2016).
For a complete discussion of the Clean
Data Policy’s history and the EPA’s
longstanding interpretation under the
CAA, please refer to the August 24, 2016
PM2.5 SIP Requirements Rule (81 FR
58010).
The general requirements of subpart 1
apply in conjunction with the more
specific requirements of subpart 4, to
the extent they are not superseded or
subsumed by the subpart 4
requirements. Subpart 1 contains
general air quality planning
requirements for areas designated
nonattainment. See section 172(c).
Subpart 4 itself contains specific
planning and scheduling requirements
for particulate matter nonattainment
areas, See section188. The final PM2.5
SIP Requirements Rule interprets the
CAA specific to PM2.5 and provides
information on the statutory
requirements for SIPs for PM2.5
nonattainment areas. See 81 FR 58010
(August 24, 2016).
As provided in 40 CFR 51.1015, so
long as an area continues to meet the
standard, finalization of a CDD
suspends the requirements for a
nonattainment area to submit an
attainment demonstration, associated
RACM, RFP plan, contingency measures
and any other planning SIP
requirements related to the attainment
of the 2006 PM2.5 NAAQS. For purposes
of this NAAQS, the requirement to
submit a projected attainment inventory
as part of an attainment demonstration
or RFP is also suspended by this
determination. As discussed in the 2016
PM2.5 SIP Requirements Rule, the
nonattainment base emissions inventory
required by section 172(c)(3) is not
suspended by this determination
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because the base inventory is a
requirement independent of planning
for an area’s attainment. See 81 FR
58009 at 58028 and 58127–8 and 80 FR
15340 at 15441–2. Additionally,
nonattainment New Source Review
(NNSR) requirements are discussed in
the PM2.5 SIP Requirements Rule, and
required by CAA sections 110(a)(2)(C);
172(c)(5); 173; 189(a); and 189(e), as not
being suspended by a CDD because this
requirement is independent of the area’s
attainment planning. See 81 FR 58010 at
58107 and 58127.
By extension, the requirement to
submit a MVEB for the attainment year
for the purposes of transportation
conformity is also suspended. A MVEB
is that portion of the total allowable
emissions defined in the submitted or
approved control strategy
implementation plan revision or
maintenance plan for a certain date for
the purpose of meeting RFP milestones
or demonstrating attainment or
maintenance of the NAAQS, for any
criteria pollutant or its precursors,
allocated to highway and transit vehicle
use and emissions.7 For the purposes of
the transportation conformity
regulations, the control strategy
implementation plan revision is the
implementation plan which contains
specific strategies for controlling the
emissions of and reducing ambient
levels of pollutants in order to satisfy
CAA requirements for demonstrations of
RFP and attainment.8 Given that MVEBs
are required to support the RFP and
attainment demonstration requirements
in the attainment plan, suspension of
the RFP and attainment demonstration
requirements through a CDD, also
suspends the requirement to submit
MVEBs for the attainment and RFP
years. The suspension of planning
requirements pursuant to 40 CFR
51.1015, does not preclude the state
from submitting suspended elements of
its moderate area attainment plan for
EPA approval for the purposes of
strengthening the state’s SIP.
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8 40
CFR 93.101.
CFR 93.101.
Frm 00018
Fmt 4702
Sfmt 4702
The suspension of the obligation to
submit such requirements applies
regardless of when the plan submissions
are due. The CDD does not suspend
CAA requirements that are independent
of helping the area achieve attainment,
such as the requirements to submit an
emissions inventory and NNSR
requirements. A clean data
determination is not equivalent to a
redesignation, and the state must still
meet the statutory requirements for
redesignation in order to be
redesignated to attainment.
In accordance with 40 CFR
51.1015(a)(1) and (2), the CDD suspends
the aforementioned SIP obligations until
such time as the area is redesignated to
attainment, after which such
requirements are permanently
discharged; or the EPA determines that
the area has re-violated the PM2.5
NAAQS, at which time the state shall
submit such attainment plan elements
for the Moderate nonattainment area by
a future date to be determined by the
EPA and announced through
publication in the Federal Register at
the time the EPA determines the area is
violating the PM2.5 NAAQS.
A. Clean Data Determination for the
Logan, UT-ID Nonattainment Area
Based on the same monitoring data for
the period 2015–2017, the EPA is also
proposing to determine that the area has
clean data for demonstrating attainment
of the 2006 24-hour PM2.5 NAAQS. In
accordance with 40 CFR 51.1015, a CDD
can be made upon a determination by
the EPA that a Moderate PM2.5 NAA is
attaining the PM2.5 NAAQS. As
provided in 40 CFR 51.1015, so long as
the EPA does not determine that the
area has re-violated the standard,
finalization of this determination
suspends the requirements for this area
to submit an attainment demonstration,
associated RACM, RFP plan,
contingency measures, and any other
SIP planning requirements related to the
attainment of the 2006 PM2.5 NAAQS.
For purposes of this NAAQS, the
requirement to submit an attainment
year projected inventory for the
nonattainment area as part of an
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attainment demonstration or RFP as
well as MVEB are also suspended by
this determination. As discussed in the
PM2.5 SIP Requirements Rule, the base
year inventory for the nonattainment
area required by section 172(c)(3) is not
suspended by this determination
because the base year inventory is a
requirement independent of planning
for an area’s attainment. See 81 FR
58009 at 58028 and 58127–8 and 80 FR
15340 at 15441–2. Additionally, NNSR
requirements are discussed in the PM2.5
SIP Requirements Rule, and required by
CAA sections 110(a)(2)(C); 172(c)(5);
173; 189(a); and 189(e), as not being
suspended by this determination
because this requirement is independent
of the area’s attainment planning. See 81
FR 58010 at 58107 and 58127.
Under a CDD, the planning
requirements noted above shall be
suspended until such time as the area is
redesignated to attainment, after which
such requirements are permanently
discharged. Specific to Idaho, we are
proposing to suspend the requirements
to submit RFP, quantitative milestones,
attainment year MVEB 9 and
contingency measures.10 If we finalize
today’s proposed CDD, any sanctions
clocks under CAA section 179(a) or
requirements that we promulgate a
Federal Implementation Plan (FIP)
under CAA section 110(c) for these SIP
requirements will be suspended for the
pendency of the CDD. If the EPA
subsequently determines that the area is
in violation of the 2006 24-hour PM2.5
NAAQS, the EPA would rescind the
CDD, the states would again be required
to submit the suspended attainment
plan elements to the EPA, and the FIP
and sanctions clocks would resume. See
40 CFR 51.1015(a)(2).
Neither the proposed finding of
attainment by the attainment date nor
the proposed CDD is equivalent to the
redesignation of the area to attainment.
This proposed action, if finalized, will
not constitute a redesignation to
attainment under CAA section
107(d)(3)(E), because the states must
have an approved maintenance plan for
the area as required under section 175A
of the CAA, and the EPA must
determine that the area has met the
9 In accordance with 40 CFR 93.109(c)(5), Idaho
will rely on the 2014 early progress MVEB
approved on August 8, 2017, for the purposes of
transportation conformity. 82 FR 37025.
10 Pursuant to CAA section 110(k)(4), the EPA
conditionally approved the RFP, quantitative
milestones, and attainment year MVEB elements
based on an April 25, 2017, commitment from the
IDEQ to submit the elements by August 1, 2018. 82
FR 37028. If finalized, the CDD would suspend the
state’s obligation to meet this commitment.
However, the CDD does not preclude the state from
submitting the suspended elements.
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other requirements for redesignation in
order to be redesignated to attainment.
The designation status of the area will
remain nonattainment for the 2006
PM2.5 NAAQS until such time as the
EPA determines that the area meets the
CAA requirements for redesignation to
attainment in CAA section 107(d)(3)(E).
It is possible, although not expected,
that the Logan, UT-ID area could violate
the 24-hour PM2.5 NAAQS before a
maintenance plan is adopted, submitted
and approved, and the area is
redesignated to attainment. Pursuant to
40 CFR 51.1015(a)(2), if the EPA
determines that the area has re-violated
the 24-hour PM2.5 NAAQS, the states
shall be required to submit the
suspended attainment plan elements.
Even so, submission of the suspended
elements may be insufficient to
eliminate future violations.11 Therefore,
the issuance of a SIP call under section
110(k)(5) could be an appropriate
response. This SIP call could require the
states to submit, by a reasonable
deadline not to exceed 18 months, a
revised plan demonstrating expeditious
attainment and complying with other
requirements applicable to the area at
the time of such finding. Under CAA
section 172(d), the EPA may reasonably
adjust the dates applicable to these
requirements.
IV. Proposed Action
Pursuant to CAA section 188(b)(2),
the EPA is proposing to determine,
based on the most recent 3 years (2015–
2017) of valid data,12 that the Logan,
UT-ID nonattainment area has attained
the 2006 primary and secondary 24hour PM2.5 NAAQS by the December 31,
2017, attainment date.
In addition, pursuant to the Clean
Data Policy codified at 40 CFR
51.1015(a), and based upon our
proposed determination that the Logan,
UT-ID nonattainment area has attained
the standard, the EPA proposes to
determine that the obligation to submit
any remaining attainment-related SIP
revisions arising from classification of
the Logan, UT-ID area as a Moderate
nonattainment area under subpart 4 of
part D (of title I of the Act) for the 2006
24-hour PM2.5 NAAQS is not applicable
for so long as the area continues to
attain the 2006 24-hour PM2.5 NAAQS.
If today’s action is finalized as
proposed, the sanctions and FIP clocks
triggered by the partial disapproval of
11 As discussed in sections I.C. and I.D. of this
Federal Register action, both Utah and Idaho have
implemented RACM. In addition, Idaho has not
adopted contingency measures as part of its
Moderate area SIP.
12 Meeting the requirements of 40 CFR part 50,
appendix N, and part 58.
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Fmt 4702
Sfmt 4702
33891
the contingency measure element of the
Idaho portion of the Logan, UT-ID PM2.5
SIP will be suspended. This proposed
action, if finalized, would not constitute
a redesignation to attainment under
CAA section 107(d)(3).
IV. Statutory and Executive Order
Reviews
This action proposes to make a
determination of attainment based on
air quality and to suspend certain
federal requirements, and thus would
not impose additional requirements
beyond those imposed by state law. For
this 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 expected to be an Executive
Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this
action is not significant under Executive
Order 12866;
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed action does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP
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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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17:43 Jul 17, 2018
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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
PO 00000
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Fmt 4702
Sfmt 4702
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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]]>Agencies
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Proposed Rules]
[Pages 33886-33892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15343]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2018-0309 and EPA-R10-OAR-2018-0316: FRL-9980-88--Region
8]
Determination of Attainment by the Attainment Date and Clean Data
Determination for the Logan, UT-ID 2006 24-Hour PM2.5 Nonattainment
Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing a
determination of attainment by the attainment date and a clean data
determination (CDD) for the 2006 24-hour fine particulate matter
(PM2.5) Logan, Utah (UT)-Idaho (ID) nonattainment area. The
determination is based upon quality-assured, quality-controlled and
certified ambient air monitoring data showing that the area has
attained the 2006 24-hour PM2.5 National Ambient Air Quality
Standards (NAAQS) based on 2015-2017 data available in the EPA's Air
Quality System (AQS) database. Based on the proposed determination that
the Logan, UT-ID nonattainment area is currently attaining the 24-hour
PM2.5 NAAQS, the EPA is also proposing to determine that the
obligation for Utah and Idaho to make submissions to meet certain Clean
Air Act (CAA or the Act) requirements related to attainment of the
NAAQS for this area is not applicable for as long as the area continues
to attain the NAAQS.
DATES: Comments must be received on or before August 17, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2018-0309 and/or Docket ID No. EPA-R10-OAR-2018-0316 at https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.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: Crystal Ostigaard, Air Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6602, [email protected], or Matthew Jentgen,
Air Planning Unit, Office of Air and Waste (OAW-150), EPA, Region 10,
1200 Sixth Avenue, Suite 900, Seattle, Washington 98101; (206) 553-
0340; [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' is used, it is intended to refer to the EPA.
I. Background
A. Designation and Classification of PM2.5 Nonattainment Areas
On October 17, 2006 (71 FR 61144), the EPA revised the level of the
24-hour PM2.5 NAAQS, lowering the primary and secondary
standards from the 1997 standard of 65 micrograms per cubic meter
([micro]g/m\3\) to 35 [micro]g/m\3\. The EPA
[[Page 33887]]
retained the form of the 1997 24-hour standard, that is, the 98th
percentile of the annual 24-hour concentrations at each population-
oriented monitor within an area, averaged over 3 years. 71 FR 61164-5
(October 17, 2006).
On November 13, 2009 (74 FR 58688), the EPA designated a number of
areas as nonattainment for the 24-hour PM2.5 NAAQS of 35
[micro]g/m\3\, including the Logan, UT-ID nonattainment area. The EPA
originally designated these areas under the general provisions of CAA
title I, part D, subpart 1 (``subpart 1''), under which attainment
plans must provide for the attainment of a specific NAAQS (in this
case, the 2006 PM2.5 standards) as expeditiously as
practicable, but no later than 5 years from the date the areas were
designated nonattainment.
Subsequently, on January 4, 2013, the U.S. Court of Appeals for the
District of Columbia Circuit held in NRDC v. EPA \1\ that the EPA
should have implemented the 2006 24-hour PM2.5 standard
based on both the general nonattainment area requirements in subpart 1
and the PM-specific requirements of CAA title I, part D, subpart 4
(``subpart 4''). In response to the Court's decision in NRDC v. EPA, on
June 2, 2014 (79 FR 31566), the EPA finalized the ``Identification of
Nonattainment Classification and Deadlines for Submission of State
Implementation Plan (SIP) Provisions for the 1997 Fine Particulate
(PM2.5) NAAQS and 2006 PM2.5 NAAQS.'' This rule
classified the areas that were designated in 2009 as nonattainment to
Moderate, and set the attainment SIP submittal due date for those areas
at December 31, 2014.
---------------------------------------------------------------------------
\1\ 706 F.3d 428 (D.C. Cir. 2013).
---------------------------------------------------------------------------
After the court's decision, on December 16, 2014, the Utah
Department of Air Quality (UDAQ) withdrew all prior Logan, UT-ID
PM2.5 SIP submissions and submitted a new SIP to address
both the general requirements of subpart 1 and the PM-specific
requirements of subpart 4 for Moderate areas. Additionally, on December
24, 2014, the Idaho Department of Environmental Quality (IDEQ)
submitted a supplement to the 2012 SIP submission (``2014 amendment'')
that included additional analyses intended to meet CAA subpart 4
requirements.
On August 24, 2016, the EPA finalized the Fine Particulate Matter
National Ambient Air Quality Standards: State Implementation Plan
Requirements (``PM2.5 SIP Requirements Rule''), 81 FR 58010,
which addressed the January 4, 2013 court ruling. The final
PM2.5 SIP Requirements Rule provides the EPA's
interpretation of the requirements applicable to PM2.5
nonattainment areas and explains how air agencies can meet the
statutory SIP requirements that apply under subparts 1 and 4 to areas
designated nonattainment for any PM2.5 NAAQS.
B. Two, 1-Year Extensions for the Logan, UT-ID Nonattainment Area
Under CAA section 188(d) and 40 CFR 51.1005, the EPA may grant a
state's request to extend the attainment date for a Moderate area for a
24-hour PM2.5 standard if: ``(1) the State has complied with
all requirements and commitments pertaining to the area in the
applicable implementation plan; and (2) the 98th percentile 24-hour
concentration at each monitor in the area for the calendar year that
includes the applicable attainment date is less than or equal to the
level of the applicable 24-hour standard.'' The EPA cannot issue more
than two, 1-year extensions for a single Moderate area.
Both the State of Utah and the State of Idaho submitted requests to
extend the attainment date to December 31, 2016, and then to December
31, 2017.\2\ The EPA granted those requests on September 8, 2017 (82 FR
42447). As a result, the EPA must examine monitor data values from
2015-2017 to determine whether the Logan, UT-ID area attained the NAAQS
by the extended attainment date.
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\2\ Each of the extension requests from Idaho and Utah can be
found in the Region 8 and Region 10 dockets for the Logan, UT-ID
nonattainment area proposed extension request actions. See EPA-R08-
OAR-2017-0216 and EPA-R10-OAR-2017-0193.
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C. Prior Actions on the Utah Portion of the Logan, UT-ID Nonattainment
Area
The EPA previously acted on the area source rules and reasonably
available control measure (RACM) analyses of the Utah Moderate
PM2.5 nonattainment area plan on September 9, 2015 (80 FR
54237), February 25, 2016 (81 FR 9343), October 19, 2016 (81 FR 71988)
and September 14, 2017 (82 FR 43205). We have not acted on, approved or
disapproved, any other portion of the Logan, UT-ID PM2.5
attainment plan submitted by UDAQ. Since the EPA has not disapproved
any portion of the plan, the clocks for sanctions under 179(a) and for
a FIP under 110(c) are not in effect for the Utah portion of the Logan,
UT-ID nonattainment area. Additionally, we proposed to approve the
attainment demonstration and motor vehicle emission budgets (MVEB) for
the Utah portion on December 4, 2017 (82 FR 57183).
D. Prior Action on the Idaho Portion of the Logan, UT-ID Nonattainment
Area
Initially, the EPA approved Idaho's baseline emissions inventory on
July 18, 2014 (79 FR 41904), and also approved certain control
measures, including local ordinances and road sanding agreements,
submitted in Idaho's attainment plan on March 24, 2014 (79 FR 16201).
Subsequently, on January 4, 2017 (82 FR 729), the EPA published a
partial approval and partial disapproval of the attainment plan for the
Idaho portion of the Logan, UT-ID PM2.5 nonattainment area.
Specifically, the EPA approved Idaho's determination of which
pollutants must be evaluated for control in the Idaho portion of the
nonattainment and Idaho's RACM and reasonably available control
technology (RACT) provisions. The EPA deferred action on the attainment
demonstration, reasonable further progress (RFP), quantitative
milestone, and MVEB requirements. Additionally, we disapproved the
contingency measure element of Idaho's attainment plan.\3\ Since the
EPA has disapproved this portion of the plan, the clocks for sanctions
under 179(a) and for a FIP under 110(c) are in effect for the Idaho
portion of the Logan, UT-ID nonattainment area. As discussed below, if
the EPA finalizes this action, the clocks for sanctions and for a FIP
will be deferred.
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\3\ The EPA extended the effective date of this partial approval
and partial disapproval to April 20, 2017. See 82 FR 14463.
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On August 8, 2017 (82 FR 37025), based on newly available air
quality monitoring data, the EPA approved Idaho's attainment
demonstration and approved Idaho's 2014 MVEB as early progress budgets.
Additionally, the EPA conditionally approved the RFP, quantitative
milestone and revised MVEB requirements. Idaho committed to submit
revisions for the conditionally approved elements by August 1, 2018.
II. Determination of Attainment by the Attainment Date
Under CAA section 188(b)(2), the EPA is required to determine
within 6 months of the applicable attainment date whether a
nonattainment area attained the standard by that date. As discussed
above, on September 8, 2017, the EPA extended the attainment date for
the Logan, UT-ID area to December 31, 2017. Under the EPA regulations
at 40 CFR 50.13 and part 50, appendix N, section 4.2, the 2006 primary
and secondary 24-hour PM2.5 NAAQS are met when the 24-hour
PM2.5 NAAQS design value at each eligible monitoring site is
less than or equal to 35 [micro]g/m\3\.
[[Page 33888]]
For the 24-hour PM2.5 standards, appendix N defines eligible
monitoring sites as those that meet the technical requirements in 40
CFR 58.11 and 58.30. Three years of valid annual PM2.5 98th
percentile mass concentrations are required to produce a valid 24-hour
PM2.5 NAAQS design value. A year meets data completeness
requirements when quarterly data capture rates for all four quarters
are at least 75%. Nonetheless, where the 75% data capture requirement
is not met, the 24-hour PM2.5 NAAQS design value shall still
be considered valid if it passes the maximum quarterly value data
substitution test.
In accordance with the EPA regulations at 40 CFR part 50, appendix
N, a finding of attainment of the 2006 24-hour PM2.5 NAAQS
must be based upon complete, quality-assured data gathered at
established state and local air monitoring stations (SLAMS) and
national air monitoring stations (NAMS) in the nonattainment area and
entered in the EPA Air Quality System (AQS). Data from air monitors
operated by state/local/tribal agencies in compliance with the EPA
monitoring requirements must be submitted to AQS. Monitoring agencies
annually certify that these data are accurate to the best of their
knowledge. Accordingly, the EPA relies primarily on data in AQS when
determining the attainment status of areas. See 40 CFR 50.13; 40 CFR
part 50, appendix L; 40 CFR part 53; 40 CFR part 58, and 40 CFR part
58, appendices A, C, D, and E. All data are reviewed to determine the
area's air quality status in accordance with 40 CFR 50, appendix N.
Additionally, a determination of attainment is not equivalent to a
redesignation, and the state must still meet the statutory requirements
for redesignation in order to be redesignated to attainment.
A. Monitoring Network and Data Considerations
Determining whether an area has attained the NAAQS pursuant to CAA
section 188(b)(2) is based on monitored air quality data. Thus, the
validity of a determination of attainment depends in part on whether
the monitoring network adequately measures ambient PM2.5
levels in the nonattainment area. The UDAQ and the IDEQ are the
governmental agencies with the authority and responsibilities under
each state's laws for collecting ambient air quality data for the
Logan, UT-ID nonattainment area. Annually, UDAQ and IDEQ submit
monitoring network plans to the EPA. These plans document the
establishment and maintenance of the air monitoring network, as
required under 40 CFR part 58. With respect to PM2.5
monitoring in the Logan, UT-ID nonattainment area, the EPA Regional
offices for Region 8 and Region 10 have found that UDAQ's and IDEQ's
annual network plans, respectively, met the applicable requirements
under 40 CFR part 58 for the relevant period, 2015-2017, with the
exception (discussed below) of UDAQ's 2015 network plan. Also, UDAQ and
IDEQ annually certify that the data they submit to AQS are quality
assured.
The UDAQ and IDEQ each operated PM2.5 SLAMS monitors
during the 2015-2017 period within the Logan, UT-ID PM2.5
nonattainment area. In 2015, UDAQ operated two PM2.5
monitoring sites, at Logan and Smithfield, and in 2016 and 2017, UDAQ
operated only the Smithfield monitoring site. The IDEQ monitoring site
for 2015, 2016 and 2017 was located in Franklin, Idaho.
B. Logan/Smithfield, Utah Monitoring
The 2015 Annual Monitoring Network Plan (AMNP) and Five-Year
Network Assessment was submitted by UDAQ in June 2015. This plan and
assessment was not reviewed and acted on by Region 8 due to Region 8's
Technical Support Audit (TSA), which was completed in August 2015, and
found major and minor/observation issues with the network. The
objective of a TSA is to review a quality assurance (QA) system in
order to evaluate the system's ability to ensure quality, in this case,
the reporting of valid data to the EPA's AQS database. The QA
requirements of 40 CFR part 58, appendices A through E pertain to
regulatory air monitoring at SLAMS. A major finding may indicate that
invalid data have been loaded in AQS or, if not corrected, future
operations may result in collection of invalid data, and a minor/
observation finding will not necessarily lead to data loss or
invalidation, but warrant investigation, appropriate follow-up and
audit response. Additional details pertaining to the major and minor
findings can be found in the 2015 TSA in the Region 8 docket (EPA-R08-
OAR-2018-0309).
Due to these monitoring issues, the EPA was not able to approve
UDAQ's 2015 AMNP and a large number of samples from the filter-based
Federal Reference Method (FRM) monitor in Logan and Smithfield were
invalidated.\4\ The EPA worked with UDAQ to correct these deficiencies
found in the August 2015 TSA and after their review of the
PM2.5 data for 2015, UDAQ removed the invalid samples for
the Logan FRM monitor and left the valid samples in the AQS database.
Additionally, some continuous sampler data from the Logan co-located
Federal Equivalent Method (FEM) monitor were determined to have
sufficient QA to meet NAAQS comparison requirements. Data from this co-
located monitor were used to fill in some of the missing days in 2015,
adding to the total number of samples that can be used to determine a
98th percentile value for that year and providing for a complete 2015
monitoring year. Utah used the methodology found in 40 CFR part 50,
appendix N sections 3.0(d)(2) and 3.0(e) to substitute FEM data for the
days without FRM data.
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\4\ May 8, 2017 EPA Region 8 Memorandum; Logan, Utah
PM2.5 2015 Design Value.
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The EPA has reviewed the Logan site and, using the criteria found
in 40 CFR part 58, appendix A, has determined that the QA for the
continuous FEM monitor is acceptable. We therefore agree that the data
from the FEM monitor can be substituted for the days for which the FRM
monitor data was invalid, which would provide for a complete year in
2015 to be used in showing attainment. Pursuant to 40 CFR 50, appendix
N, the standard must be met at each ``eligible monitoring site,'' where
an ``eligible [monitoring] site'' is defined in appendix N as a site
that meets the requirements of 40 CFR 58.11 and 58.30. Thus, appendix N
does not require AMNP approval, only that the monitoring site meets the
substantive requirements. Upon reviewing the Logan and Smithfield
sites, despite the EPA not formally approving the 2015 AMNP, the EPA
finds that the Logan and Smithfield sites met the requirements of 40
CFR 58.11 during 2015. On November 29, 2016, UDAQ submitted a letter
that contained the AMP 430, AMP 450, AMP 256 and AMP 450NC reports
required to certify the 2015 air quality data in Utah. UDAQ completed
the data certification process in AQS and with the November 29, 2016
letter, certified that the 2015 air quality data is accurate.
Additional information related to these monitors can be found in the
November 23, 2016 memoranda found in the Region 8 docket (EPA-R08-OAR-
2018-0309).
On March 14, 2017, the EPA approved Utah's 2016 AMNP. As part of
the approval, we approved the closing of the Logan monitoring station
on December 31, 2015 (AQS ID #49-005-0004) and the establishment of the
Smithfield monitoring station (AQS ID #49-005-0007) as a maximum
concentration site. Additionally, on April 20, 2017, UDAQ submitted a
letter that contained the AMP 600 and AMP
[[Page 33889]]
450NC reports required to certify the 2016 air quality data in Utah.
UDAQ completed the data certification process in AQS and with the April
20, 2017 letter, certified that the 2016 air quality data is accurate.
On October 27, 2017, the EPA approved Utah's 2017 AMNP, and on
April 10, 2018, the UDAQ submitted a letter that contained the AMP 600
and AMP 450NC reports required to certify the 2017 air quality data in
Utah. With the April 10, 2018 letter, UDAQ completed the data
certification process in AQS and certified that the 2017 air quality
data is accurate.
The Smithfield monitoring site data was incomplete for 2015 because
the station, including the co-located continuous monitor, was not
operating in January of that year. Thus, in order to establish 3 years
of valid data at the Smithfield monitoring site, the EPA proposes to
combine the January 2015 Logan data with Smithfield's February through
December 2015 data. In doing so, we are considering not only our
approval of the replacement of the Logan monitor with the Smithfield
monitor in the monitoring network, but also the consistency of the data
from the two monitors. During 2015, data from the two monitors on days
above 10 [mu]g/m\3\ was well correlated. For details, please see the
June 13, 2018 memorandum to the docket entitled ``Logan, Utah
PM2.5 Monitoring Data Set Determination Memo.''
C. Franklin, ID Monitoring
Idaho submitted its 2015 AMNP on August 12, 2015. Until June 30,
2015, Idaho had two regulatory air quality monitors running at the
Franklin, ID site. As part of the network plan, Idaho proposed to
replace the very sharp cut cyclone (VSCC) on its FEM continuous monitor
with a sharp cut cyclone (SCC), making it a special purpose monitor for
Air Quality Index (AQI) reporting. This change resulted in the FEM
continuous monitor becoming non-regulatory, as of June 30, 2015. The
EPA approved Idaho's 2015 AMNP on October 28, 2015.\5\
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\5\ In the approval letter, the EPA noted that since the
alteration of the FEM continuous monitor did not change the SLAMS
network, the EPA approval is not needed.
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Idaho submitted its 2016 AMNP on July 28, 2016. The EPA approved
Idaho's network plan on December 13, 2016. The regulatory FRM monitor
at the Franklin, ID site did not meet the completeness requirements in
Quarter 2 of 2016. Per 40 CFR part 50, appendix N, 4.2(c), when a
monitor has less than 75% capture in a quarter (but greater than 50%),
a substitution test can be performed to determine the validity of the
data. The Franklin monitor had 70% completeness in Quarter 2 of 2016.
Per the substitution test, the highest Quarter 2 value for the 3-year
period under consideration is substituted for all missing data in the
deficient quarter. The 2015-2017 design value is the 3-year period
under consideration in this case. The highest value is 10.3 [mu]g/m\3\
within the 3-year period during that quarter of the year. Applying the
maximum 10.3 [mu]g/m\3\ PM2.5 value to the missing data for
the deficient quarter (Quarter 2, 2016) does not affect the 2015-2017
design value at the Franklin monitor.
Idaho submitted its initial 2017 AMNP on June 29, 2017, and
submitted an addendum on October 31, 2017. The addendum requested
changing the run schedule of the regulatory FRM monitor at the
Franklin, ID site from every third day to daily. The EPA approved the
2017 AMNP, including the run schedule change, on November 8, 2017.\6\
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\6\ The November 8, 2017 AMNP approval letter noted monitoring
network deficiencies related to ozone monitoring and deficiencies in
Idaho's network monitoring plan, but these were not deficiencies
specific to PM2.5 air quality monitoring in the Logan,
UT-ID Metropolitan Statistical Area.
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D. Evaluation of Current Attainment
As discussed above, the EPA's evaluation of whether the Logan, UT-
ID PM2.5 nonattainment area has attained the 2006 24-hour
PM2.5 NAAQS is based on our review of the monitoring data,
and takes into account the adequacy of the PM2.5 monitoring
network in the nonattainment area and the reliability of the data
collected by the network as discussed in the previous section of this
document.
Based on our review, the PM2.5 monitoring network for
the Logan, UT-ID nonattainment area meets the requirements stated above
and is therefore adequate for use in determining whether the area
attained the 2006 24-hour PM2.5 NAAQS. Additionally, the EPA
has reviewed the data for the most recent 3-year period (2015-2017) for
completeness and has determined that the data collected by UDAQ and
IDEQ meets the completeness criterion for all 12 quarters at the
Smithfield, Utah and Franklin, Idaho monitors.
The EPA reviewed the PM2.5 ambient air monitoring data
from the Smithfield, Utah (AQS site 49-005-0007) and Franklin, Idaho
(AQS site 16-041-0001) monitoring sites consistent with the
requirements contained in 40 CFR part 50, as recorded in the EPA AQS
database for the Logan, UT-ID nonattainment area. For purposes of
determining attainment by the December 31, 2017 extended attainment
date, the EPA determined that the data recorded in the AQS database was
certified and complete.
Additionally, UDAQ submitted exceptional events demonstrations for
the year 2017. The PM2.5 SIP Requirements Rule (81 FR 58010,
August 24, 2016) states:
Air quality monitoring data that the EPA determines to have been
influenced by an exceptional event under the procedural steps,
substantive criteria, and schedule specified in the Exceptional Events
Rule may be excluded from regulatory decisions such as initial area
designations decisions and decisions associated with implementing the
PM2.5 NAAQS such as clean data determinations (CDD),
evaluation of attainment demonstrations, and discretionary or mandatory
reclassifications of nonattainment areas from Moderate to Serious.
While the EPA may agree with the state's request to exclude event-
influenced air quality monitoring data from regulatory decisions, these
regulatory actions require the EPA to provide an opportunity for public
comment on the claimed exceptional event and all supporting data prior
to the EPA taking final agency action.
The EPA concurred on these exceptional events on June 15, 2018, and
the concurrence is included in the Region 8 docket for this action
(EPA-R08-OAR-2018-0309). This proposed determination of attainment and
CDD provides the public with an opportunity to comment on the claimed
exceptional events, all supporting documents and the EPA's concurrence
with the State of Utah's requests.
The design value for the 2006 24-hour PM2.5 NAAQS for
the years 2015-2017 at the Smithfield, Utah site was 33 [mu]g/m\3\ and
30 [mu]g/m\3\ at the Franklin, Idaho site, which is less than the
standard of 35 [mu]g/m\3\. See Table 1 below for the annual 98th
percentiles and 3-year design value for the 2015-2017 monitoring
period. On the basis of this review, we are proposing to determine that
the Logan, UT-ID nonattainment area attained the 2006 24-hour
PM2.5 NAAQS by the attainment date.
[[Page 33890]]
Table 1--2015-2017 Logan UT-ID Nonattainment Area PM2.5 Monitoring Data
----------------------------------------------------------------------------------------------------------------
98th percentile ([mu]g/m\3\) 2015-2017 24-
------------------------------------------------ hour design
Monitor name AQS site ID value ([mu]g/
2015 2016 2017 m\3\)
----------------------------------------------------------------------------------------------------------------
Smithfield, UT.................. 49-005-0007 \a\ 28.9 34.4 36.0 \a\ 33
Franklin, ID.................... 16-041-0001 18.8 33.3 \b\ 38.3 \b\ 30
----------------------------------------------------------------------------------------------------------------
\a\ This value combines monitor data from the Logan, UT and Smithfield, UT monitors. The EPA concurred
exceptional events are excluded.
\b\ This value includes 1 in 3 monitoring frequency from January 1-August 9, 2017, and daily monitoring
frequency from August 10-December 31, 2017.
III. Clean Data Determination
Over the past 2 decades, the EPA has consistently applied its
``Clean Data Policy'' interpretation to attainment related provisions
of subparts 1, 2, and 4 of the CAA. The EPA codified the approach in
the Clean Data Policy in the PM2.5 SIP Requirements Rule (40
CFR 51.1015(a)) for the implementation of current and future
PM2.5 NAAQS. See 81 FR 58010, 58161 (August 24, 2016). For a
complete discussion of the Clean Data Policy's history and the EPA's
longstanding interpretation under the CAA, please refer to the August
24, 2016 PM2.5 SIP Requirements Rule (81 FR 58010).
The general requirements of subpart 1 apply in conjunction with the
more specific requirements of subpart 4, to the extent they are not
superseded or subsumed by the subpart 4 requirements. Subpart 1
contains general air quality planning requirements for areas designated
nonattainment. See section 172(c). Subpart 4 itself contains specific
planning and scheduling requirements for particulate matter
nonattainment areas, See section188. The final PM2.5 SIP
Requirements Rule interprets the CAA specific to PM2.5 and
provides information on the statutory requirements for SIPs for
PM2.5 nonattainment areas. See 81 FR 58010 (August 24,
2016).
As provided in 40 CFR 51.1015, so long as an area continues to meet
the standard, finalization of a CDD suspends the requirements for a
nonattainment area to submit an attainment demonstration, associated
RACM, RFP plan, contingency measures and any other planning SIP
requirements related to the attainment of the 2006 PM2.5
NAAQS. For purposes of this NAAQS, the requirement to submit a
projected attainment inventory as part of an attainment demonstration
or RFP is also suspended by this determination. As discussed in the
2016 PM2.5 SIP Requirements Rule, the nonattainment base
emissions inventory required by section 172(c)(3) is not suspended by
this determination because the base inventory is a requirement
independent of planning for an area's attainment. See 81 FR 58009 at
58028 and 58127-8 and 80 FR 15340 at 15441-2. Additionally,
nonattainment New Source Review (NNSR) requirements are discussed in
the PM2.5 SIP Requirements Rule, and required by CAA
sections 110(a)(2)(C); 172(c)(5); 173; 189(a); and 189(e), as not being
suspended by a CDD because this requirement is independent of the
area's attainment planning. See 81 FR 58010 at 58107 and 58127.
By extension, the requirement to submit a MVEB for the attainment
year for the purposes of transportation conformity is also suspended. A
MVEB is that portion of the total allowable emissions defined in the
submitted or approved control strategy implementation plan revision or
maintenance plan for a certain date for the purpose of meeting RFP
milestones or demonstrating attainment or maintenance of the NAAQS, for
any criteria pollutant or its precursors, allocated to highway and
transit vehicle use and emissions.\7\ For the purposes of the
transportation conformity regulations, the control strategy
implementation plan revision is the implementation plan which contains
specific strategies for controlling the emissions of and reducing
ambient levels of pollutants in order to satisfy CAA requirements for
demonstrations of RFP and attainment.\8\ Given that MVEBs are required
to support the RFP and attainment demonstration requirements in the
attainment plan, suspension of the RFP and attainment demonstration
requirements through a CDD, also suspends the requirement to submit
MVEBs for the attainment and RFP years. The suspension of planning
requirements pursuant to 40 CFR 51.1015, does not preclude the state
from submitting suspended elements of its moderate area attainment plan
for EPA approval for the purposes of strengthening the state's SIP.
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\7\ 40 CFR 93.101.
\8\ 40 CFR 93.101.
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The suspension of the obligation to submit such requirements
applies regardless of when the plan submissions are due. The CDD does
not suspend CAA requirements that are independent of helping the area
achieve attainment, such as the requirements to submit an emissions
inventory and NNSR requirements. A clean data determination is not
equivalent to a redesignation, and the state must still meet the
statutory requirements for redesignation in order to be redesignated to
attainment.
In accordance with 40 CFR 51.1015(a)(1) and (2), the CDD suspends
the aforementioned SIP obligations until such time as the area is
redesignated to attainment, after which such requirements are
permanently discharged; or the EPA determines that the area has re-
violated the PM2.5 NAAQS, at which time the state shall
submit such attainment plan elements for the Moderate nonattainment
area by a future date to be determined by the EPA and announced through
publication in the Federal Register at the time the EPA determines the
area is violating the PM2.5 NAAQS.
A. Clean Data Determination for the Logan, UT-ID Nonattainment Area
Based on the same monitoring data for the period 2015-2017, the EPA
is also proposing to determine that the area has clean data for
demonstrating attainment of the 2006 24-hour PM2.5 NAAQS. In
accordance with 40 CFR 51.1015, a CDD can be made upon a determination
by the EPA that a Moderate PM2.5 NAA is attaining the
PM2.5 NAAQS. As provided in 40 CFR 51.1015, so long as the
EPA does not determine that the area has re-violated the standard,
finalization of this determination suspends the requirements for this
area to submit an attainment demonstration, associated RACM, RFP plan,
contingency measures, and any other SIP planning requirements related
to the attainment of the 2006 PM2.5 NAAQS. For purposes of
this NAAQS, the requirement to submit an attainment year projected
inventory for the nonattainment area as part of an
[[Page 33891]]
attainment demonstration or RFP as well as MVEB are also suspended by
this determination. As discussed in the PM2.5 SIP
Requirements Rule, the base year inventory for the nonattainment area
required by section 172(c)(3) is not suspended by this determination
because the base year inventory is a requirement independent of
planning for an area's attainment. See 81 FR 58009 at 58028 and 58127-8
and 80 FR 15340 at 15441-2. Additionally, NNSR requirements are
discussed in the PM2.5 SIP Requirements Rule, and required
by CAA sections 110(a)(2)(C); 172(c)(5); 173; 189(a); and 189(e), as
not being suspended by this determination because this requirement is
independent of the area's attainment planning. See 81 FR 58010 at 58107
and 58127.
Under a CDD, the planning requirements noted above shall be
suspended until such time as the area is redesignated to attainment,
after which such requirements are permanently discharged. Specific to
Idaho, we are proposing to suspend the requirements to submit RFP,
quantitative milestones, attainment year MVEB \9\ and contingency
measures.\10\ If we finalize today's proposed CDD, any sanctions clocks
under CAA section 179(a) or requirements that we promulgate a Federal
Implementation Plan (FIP) under CAA section 110(c) for these SIP
requirements will be suspended for the pendency of the CDD. If the EPA
subsequently determines that the area is in violation of the 2006 24-
hour PM2.5 NAAQS, the EPA would rescind the CDD, the states
would again be required to submit the suspended attainment plan
elements to the EPA, and the FIP and sanctions clocks would resume. See
40 CFR 51.1015(a)(2).
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\9\ In accordance with 40 CFR 93.109(c)(5), Idaho will rely on
the 2014 early progress MVEB approved on August 8, 2017, for the
purposes of transportation conformity. 82 FR 37025.
\10\ Pursuant to CAA section 110(k)(4), the EPA conditionally
approved the RFP, quantitative milestones, and attainment year MVEB
elements based on an April 25, 2017, commitment from the IDEQ to
submit the elements by August 1, 2018. 82 FR 37028. If finalized,
the CDD would suspend the state's obligation to meet this
commitment. However, the CDD does not preclude the state from
submitting the suspended elements.
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Neither the proposed finding of attainment by the attainment date
nor the proposed CDD is equivalent to the redesignation of the area to
attainment. This proposed action, if finalized, will not constitute a
redesignation to attainment under CAA section 107(d)(3)(E), because the
states must have an approved maintenance plan for the area as required
under section 175A of the CAA, and the EPA must determine that the area
has met the other requirements for redesignation in order to be
redesignated to attainment. The designation status of the area will
remain nonattainment for the 2006 PM2.5 NAAQS until such
time as the EPA determines that the area meets the CAA requirements for
redesignation to attainment in CAA section 107(d)(3)(E).
It is possible, although not expected, that the Logan, UT-ID area
could violate the 24-hour PM2.5 NAAQS before a maintenance
plan is adopted, submitted and approved, and the area is redesignated
to attainment. Pursuant to 40 CFR 51.1015(a)(2), if the EPA determines
that the area has re-violated the 24-hour PM2.5 NAAQS, the
states shall be required to submit the suspended attainment plan
elements. Even so, submission of the suspended elements may be
insufficient to eliminate future violations.\11\ Therefore, the
issuance of a SIP call under section 110(k)(5) could be an appropriate
response. This SIP call could require the states to submit, by a
reasonable deadline not to exceed 18 months, a revised plan
demonstrating expeditious attainment and complying with other
requirements applicable to the area at the time of such finding. Under
CAA section 172(d), the EPA may reasonably adjust the dates applicable
to these requirements.
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\11\ As discussed in sections I.C. and I.D. of this Federal
Register action, both Utah and Idaho have implemented RACM. In
addition, Idaho has not adopted contingency measures as part of its
Moderate area SIP.
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IV. Proposed Action
Pursuant to CAA section 188(b)(2), the EPA is proposing to
determine, based on the most recent 3 years (2015-2017) of valid
data,\12\ that the Logan, UT-ID nonattainment area has attained the
2006 primary and secondary 24-hour PM2.5 NAAQS by the
December 31, 2017, attainment date.
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\12\ Meeting the requirements of 40 CFR part 50, appendix N, and
part 58.
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In addition, pursuant to the Clean Data Policy codified at 40 CFR
51.1015(a), and based upon our proposed determination that the Logan,
UT-ID nonattainment area has attained the standard, the EPA proposes to
determine that the obligation to submit any remaining attainment-
related SIP revisions arising from classification of the Logan, UT-ID
area as a Moderate nonattainment area under subpart 4 of part D (of
title I of the Act) for the 2006 24-hour PM2.5 NAAQS is not
applicable for so long as the area continues to attain the 2006 24-hour
PM2.5 NAAQS. If today's action is finalized as proposed, the
sanctions and FIP clocks triggered by the partial disapproval of the
contingency measure element of the Idaho portion of the Logan, UT-ID
PM2.5 SIP will be suspended. This proposed action, if
finalized, would not constitute a redesignation to attainment under CAA
section 107(d)(3).
IV. Statutory and Executive Order Reviews
This action proposes to make a determination of attainment based on
air quality and to suspend certain federal requirements, and thus would
not impose additional requirements beyond those imposed by state law.
For this 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 expected to be an Executive Order 13771 (82 FR
9339, February 2, 2017) regulatory action because this action is not
significant under Executive Order 12866;
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed action does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP
[[Page 33892]]
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
