Air Plan Approval; ID, West Silver Valley PM2.5, 65535-65537 [2018-27607]
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Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations
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[FR Doc. 2018–27593 Filed 12–20–18; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2017–0170; FRL–9988–17–
Region 10]
Air Plan Approval; ID, West Silver
Valley PM2.5 Clean Data Determination
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a
determination that the West Silver
Valley, Idaho nonattainment area has
clean data for the 2012 annual fine
particulate matter (PM2.5) National
Ambient Air Quality Standard
(NAAQS). This clean data
determination (CDD) is based upon
quality-assured, quality-controlled, and
certified ambient air monitoring data
showing the area has attained the 2012
PM2.5 NAAQS based on the 2015–2017
data available in the EPA’s Air Quality
System (AQS) database. The EPA also is
SUMMARY:
taking final agency action on the
September 2017 wildfire exceptional
event at the Pinehurst monitoring
station as having affected PM2.5 and
PM10 values. Based on this clean data
determination, the EPA determines that
the obligation for 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 suspended for as long as the
area continues to attain the 2012 annual
PM2.5 NAAQS. Additionally, the
sanctions and Federal Implementation
Plan (FIP) clocks triggered by the March
26, 2018 Finding of Failure to Submit
action will be suspended. No adverse
comments were received on this action.
DATES: This action is effective on
January 22, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2017–0170. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Justin Spenillo at (206) 553–6125, or
spenillo.justin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review
65535
I. Background
On December 14, 2012, the
Environmental Protection Agency (EPA)
revised the level of the primary annual
PM2.5 standard, lowering the level from
15.0 micrograms per cubic meter (mg/
m3) to 12.0 mg/m3. Effective April 15,
2015, the EPA made designation
determinations for the 2012 annual
PM2.5 NAAQS.1 In that action, EPA
designated the West Silver Valley area
in Shoshone County, Idaho (WSV NAA)
as moderate nonattainment for the 2012
annual PM2.5 NAAQS. See 40 CFR
81.313.
On March 26, 2018, the EPA issued a
finding of failure to submit under
section 110(k) of the CAA finding that
several states, including Idaho, failed to
submit specific moderate area SIP
elements for the 2012 annual PM2.5
NAAQS required under subpart 4 of
part D of Title I of the CAA.2 In
particular, Idaho failed to submit the
following specific moderate area SIP
elements for the WSV NAA: An
attainment demonstration; control
strategies, including reasonably
available control measures (‘‘RACM’’)
and reasonably available control
technologies (‘‘RACT’’); a reasonable
further progress (RFP) plan; quantitative
milestones; and contingency measures.
This finding triggered the sanctions
clock under Section 179 of the CAA, as
well as an obligation under Section
110(c) of the CAA for EPA to
promulgate a FIP no later than 2 years
from the effective date of the finding.
On October 22, 2018 (83 FR 53201),
the EPA proposed to determine, based
on the most recent 3 years (2015–2017)
of valid data, that the WSV NAA has
attained the 2012 PM2.5 annual NAAQS.
The EPA also proposed to take final
agency action on the September 2017
wildfire exceptional event at the
Pinehurst monitoring station as having
affected PM2.5 and PM10 values on
September 4 through September 8, 2017
as described in Table 1.
TABLE 1—24-HR PM2.5 AND PM10 VALUES AT THE PINEHURST MONITORING STATION THAT MEET THE EPA EXCEPTIONAL
EVENT CRITERIA
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Date
9/4/2017
9/5/2017
9/6/2017
9/7/2017
9/8/2017
1 80
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...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
FR 2206.
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PO 00000
24-hr PM2.5 Concentration
(μg/m3)
16–079–0017 POC1
24-hr PM10 Concentration
(μg/m3)
16–079–0017 POC3
144.9
222.2
147.1
123.8
116.7
............................................
............................................
169.6
149.8
143.7
FR 14759.
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65536
Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations
Based on the clean data determination
(CDD), the EPA also proposed to
determine that the obligation to submit
the attainment planning elements for
the PM2.5 NAAQS are not applicable so
long as the area continues to attain the
2012 annual PM2.5 NAAQS. Additional
detail can be found in the October 22,
2018, proposed action (83 FR 53201).
Finally, the action proposed to suspend
the sanctions and FIP clocks triggered
by the March 26, 2018, Finding of
Failure to Submit action.
II. Response to Comments
The comment period for the proposed
action closed on November 21, 2018.
The EPA received seven supportive
comments regarding this action. The
EPA received no adverse comments. All
comments can be found in the docket
for this action.
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III. Final Action
The EPA is finalizing this action as
proposed. Pursuant to 40 CFR
51.1015(a), the EPA determines that
based on 3-years of certified, valid
monitoring data between 2015 and
2017, the WSV NAA has attained the
2012 annual PM2.5 NAAQS. Pursuant to
50 CFR 50.14, the EPA is also taking
final action excluding the 2017 24-hr
PM2.5 and PM10 values listed in Table 1,
above, at the Pinehurst monitoring
station because those NAAQS
exceedances were caused by a wildfire
exceptional event. Pursuant to 40 CFR
51.1015(a), and based upon our
determination that the WSV NAA has
attained the standard, the EPA
determines that the obligation to submit
any attainment-related SIP revisions
arising from classification of the WSV
NAA as a moderate nonattainment area
under subpart 4 of part D, of title I of
the Act for the 2012 annual PM2.5
NAAQS is not applicable for so long as
the area continues to attain the 2012
annual PM2.5 NAAQS. In particular, the
obligation for Idaho to submit
attainment demonstrations, projected
emissions inventories, RACM (including
RACT), RFP plans, motor vehicle
emissions budgets, quantitative
milestones, and contingency measures
for the WSV NAA are suspended until
such time as: (1) The area is
redesignated to attainment, after which
such requirements are permanently
discharged; or (2) 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
VerDate Sep<11>2014
16:23 Dec 20, 2018
Jkt 247001
the time the EPA determines the area is
violating the PM2.5 NAAQS.
Although the obligation has been
suspended, this action does not
preclude Idaho from submitting, nor the
EPA from acting on the suspended
attainment plan elements. As a result of
this final action, the sanctions and FIP
clocks triggered by the EPA’s March 26,
2018, Finding of Failure to Submit are
suspended. See 83 FR 14759.
Today’s final action does not
constitute a redesignation of the WSV
NAA to attainment for the 2012 annual
PM2.5 NAAQS under CAA section
107(d)(3) because we have not yet
approved a maintenance plan for WSV
NAA as meeting the requirements of
section 175A of the CAA or determined
that the area has met the other CAA
requirements for redesignation. The
classification and designation status in
40 CFR part 81 remains Moderate
nonattainment for this area until such
time as the EPA determines that Idaho
has met the CAA requirements for
redesignation to attainment for the WSV
NAA.
IV. Statutory and Executive Orders
Review
This action finalizes a determination
of attainment based on air quality and
suspends certain federal requirements,
and thus will not impose additional
requirements beyond those imposed by
state law. For this reason, this final
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
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 19, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
E:\FR\FM\21DER1.SGM
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Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations
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: December 4, 2018.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2018–27607 Filed 12–20–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–RO5–OAR–2018–0302; EPA–R05–
OAR–2018–0303; EPA–RO5–OAR–2018–
0589; FRL–9988–04–Region 5]
Air Plan Approval; Illinois; NAAQS and
VOC Updates
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revised rules
submitted by the State of Illinois as
State Implementation Plan (SIP)
revisions. The submitted rules update
Illinois definitions and requirements for
handling monitoring data influenced by
exceptional events, update
implementation rules for the 2012
primary annual National Ambient Air
Quality Standard (NAAQS) for fine
particulate matter (PM2.5), and update
designated reference and equivalent
methods for multiple NAAQS. In
addition, the submitted rules amend the
Illinois Administrative Code (IAC) by
updating the definition of volatile
organic compounds (VOC).
DATES: This direct final rule will be
effective February 19, 2019, unless EPA
receives adverse comments by January
22, 2019. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–RO5–
OAR–2018–0302, EPA–RO5–OAR–
2018–0303, or EPA–RO5–OAR–2018–
0589 at https://www.regulations.gov, or
via email to aburano.douglas@epa.gov.
For comments submitted at
Regulations.gov, follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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SUMMARY:
VerDate Sep<11>2014
16:23 Dec 20, 2018
Jkt 247001
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:
Samantha Panock, Physical Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8973,
panock.samantha@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
II. What are the State rule revisions?
III. Did the State hold public hearings for
these submittals?
IV. What is EPA’s analysis of the State’s
submittals?
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
Section 109 of the Clean Air Act
(CAA) requires EPA to establish
national primary (protective of human
health) and secondary (protective of
human welfare) air quality standards for
pollutants for which air quality criteria
have been issued under section 108 of
the CAA (the criteria pollutants 1).
Individually and collectively these
1 The
criteria pollutants are ozone (O3), nitrogen
oxides (represented by nitrogen dioxide (NO2)),
sulfur oxides (represented by sulfur dioxide (SO2)),
carbon monoxide (CO), particulate matter
(represented by total suspended particulates (TSP),
particulates (PM10), and fine particulates (PM2.5)),
and lead (Pb). Note that Illinois also has air quality
standard and monitoring rules for ‘‘coarse
particulate matter’’ (PM2.5–10), although this is not
a criteria pollutant and is generally considered to
be included in PM10.
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Frm 00053
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65537
standards are referred to as NAAQS.
Section 109(d)(1) of the CAA requires
EPA to review, and if necessary, based
on accumulated health and welfare data,
to revise each NAAQS every five years.
If a NAAQS is revised, states whose
rules include state air quality standards
may revise their rules to address the
revised NAAQS and associated
monitoring requirements, and submit
them to EPA as SIP revision requests.
See, e.g., 415 ILCS 5/10(H). Moreover,
section 10(H) of the ILCS requires that
Illinois adopt ambient air quality
standards that are identical-in-substance
to the Federal NAAQS using identicalin-substance rulemaking procedure (415
ILCS 5/10(H)(2016).
The Illinois Environmental Protection
Agency (IEPA) submitted revisions on
ambient air quality standards in the
Illinois SIP to EPA for approval on April
2, 2018 and July 26, 2018. Specifically,
these SIP revisions update: (1) Illinois
ambient air quality definitions and
requirements for handling monitoring
data influenced by exceptional events,
(2) implementation rules for the 2012
primary annual PM2.5 NAAQS, and (3)
designated reference and equivalent
methods for multiple NAAQS. These
updates correspond to EPA’s
rulemakings related to NAAQS that
occurred between July 1, 2016 and
December 31, 2017.
IEPA also submitted a revision to the
definitions for VOC in the Illinois SIP to
EPA for approval on April 2, 2018. The
change included the addition of 1,1,2,2Tetrafluoro-1-(2,2,2-trifluoroethoxy)
ethane to the list of chemical species
excluded from the Federal definition of
VOC. This update corresponds to EPA’s
rulemaking related to VOC regulations
adopted August 1, 2016.
II. What are the State rule revisions?
35 IAC 243.101
Definitions
Illinois amended 35 IAC 243.101 to
add and revise definitions regarding the
exceptional events rule. These
definitions were adopted by EPA in
‘‘Treatment of Data Influenced by
Exceptional Events’’ (81 FR 68216,
October 3, 2016).
35 IAC 243.105 Air Quality Monitoring
Data Influenced by Exceptional Events
Illinois amended 35 IAC 243.105 to
update procedural requirements,
requirements for air agency
demonstrations, criteria for EPA’s
approval of the exclusion of event
influenced air quality data, and
requirements for air agencies to take
appropriate and reasonable actions to
protect public health from exceedances
or violations of the NAAQS.
E:\FR\FM\21DER1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 65535-65537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27607]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2017-0170; FRL-9988-17-Region 10]
Air Plan Approval; ID, West Silver Valley PM2.5 Clean Data
Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
determination that the West Silver Valley, Idaho nonattainment area has
clean data for the 2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS). This
clean data determination (CDD) is based upon quality-assured, quality-
controlled, and certified ambient air monitoring data showing the area
has attained the 2012 PM2.5 NAAQS based on the 2015-2017
data available in the EPA's Air Quality System (AQS) database. The EPA
also is taking final agency action on the September 2017 wildfire
exceptional event at the Pinehurst monitoring station as having
affected PM2.5 and PM10 values. Based on this
clean data determination, the EPA determines that the obligation for
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
suspended for as long as the area continues to attain the 2012 annual
PM2.5 NAAQS. Additionally, the sanctions and Federal
Implementation Plan (FIP) clocks triggered by the March 26, 2018
Finding of Failure to Submit action will be suspended. No adverse
comments were received on this action.
DATES: This action is effective on January 22, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2017-0170. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Justin Spenillo at (206) 553-6125, or
spenillo.justin@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review
I. Background
On December 14, 2012, the Environmental Protection Agency (EPA)
revised the level of the primary annual PM2.5 standard,
lowering the level from 15.0 micrograms per cubic meter ([micro]g/m\3\)
to 12.0 [micro]g/m\3\. Effective April 15, 2015, the EPA made
designation determinations for the 2012 annual PM2.5
NAAQS.\1\ In that action, EPA designated the West Silver Valley area in
Shoshone County, Idaho (WSV NAA) as moderate nonattainment for the 2012
annual PM2.5 NAAQS. See 40 CFR 81.313.
---------------------------------------------------------------------------
\1\ 80 FR 2206.
---------------------------------------------------------------------------
On March 26, 2018, the EPA issued a finding of failure to submit
under section 110(k) of the CAA finding that several states, including
Idaho, failed to submit specific moderate area SIP elements for the
2012 annual PM2.5 NAAQS required under subpart 4 of part D
of Title I of the CAA.\2\ In particular, Idaho failed to submit the
following specific moderate area SIP elements for the WSV NAA: An
attainment demonstration; control strategies, including reasonably
available control measures (``RACM'') and reasonably available control
technologies (``RACT''); a reasonable further progress (RFP) plan;
quantitative milestones; and contingency measures. This finding
triggered the sanctions clock under Section 179 of the CAA, as well as
an obligation under Section 110(c) of the CAA for EPA to promulgate a
FIP no later than 2 years from the effective date of the finding.
---------------------------------------------------------------------------
\2\ 83 FR 14759.
---------------------------------------------------------------------------
On October 22, 2018 (83 FR 53201), the EPA proposed to determine,
based on the most recent 3 years (2015-2017) of valid data, that the
WSV NAA has attained the 2012 PM2.5 annual NAAQS. The EPA
also proposed to take final agency action on the September 2017
wildfire exceptional event at the Pinehurst monitoring station as
having affected PM2.5 and PM10 values on
September 4 through September 8, 2017 as described in Table 1.
Table 1--24-Hr PM2.5 and PM10 Values at the Pinehurst Monitoring Station That Meet the EPA Exceptional Event
Criteria
----------------------------------------------------------------------------------------------------------------
24-hr PM2.5 Concentration 24-hr PM10 Concentration
Date ([micro]g/m\3\) 16-079- ([micro]g/m\3\) 16-079-
0017 POC1 0017 POC3
----------------------------------------------------------------------------------------------------------------
9/4/2017................................................ 144.9 ..........................
9/5/2017................................................ 222.2 ..........................
9/6/2017................................................ 147.1 169.6
9/7/2017................................................ 123.8 149.8
9/8/2017................................................ 116.7 143.7
----------------------------------------------------------------------------------------------------------------
[[Page 65536]]
Based on the clean data determination (CDD), the EPA also proposed
to determine that the obligation to submit the attainment planning
elements for the PM2.5 NAAQS are not applicable so long as
the area continues to attain the 2012 annual PM2.5 NAAQS.
Additional detail can be found in the October 22, 2018, proposed action
(83 FR 53201). Finally, the action proposed to suspend the sanctions
and FIP clocks triggered by the March 26, 2018, Finding of Failure to
Submit action.
II. Response to Comments
The comment period for the proposed action closed on November 21,
2018. The EPA received seven supportive comments regarding this action.
The EPA received no adverse comments. All comments can be found in the
docket for this action.
III. Final Action
The EPA is finalizing this action as proposed. Pursuant to 40 CFR
51.1015(a), the EPA determines that based on 3-years of certified,
valid monitoring data between 2015 and 2017, the WSV NAA has attained
the 2012 annual PM2.5 NAAQS. Pursuant to 50 CFR 50.14, the
EPA is also taking final action excluding the 2017 24-hr
PM2.5 and PM10 values listed in Table 1, above,
at the Pinehurst monitoring station because those NAAQS exceedances
were caused by a wildfire exceptional event. Pursuant to 40 CFR
51.1015(a), and based upon our determination that the WSV NAA has
attained the standard, the EPA determines that the obligation to submit
any attainment-related SIP revisions arising from classification of the
WSV NAA as a moderate nonattainment area under subpart 4 of part D, of
title I of the Act for the 2012 annual PM2.5 NAAQS is not
applicable for so long as the area continues to attain the 2012 annual
PM2.5 NAAQS. In particular, the obligation for Idaho to
submit attainment demonstrations, projected emissions inventories, RACM
(including RACT), RFP plans, motor vehicle emissions budgets,
quantitative milestones, and contingency measures for the WSV NAA are
suspended until such time as: (1) The area is redesignated to
attainment, after which such requirements are permanently discharged;
or (2) 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.
Although the obligation has been suspended, this action does not
preclude Idaho from submitting, nor the EPA from acting on the
suspended attainment plan elements. As a result of this final action,
the sanctions and FIP clocks triggered by the EPA's March 26, 2018,
Finding of Failure to Submit are suspended. See 83 FR 14759.
Today's final action does not constitute a redesignation of the WSV
NAA to attainment for the 2012 annual PM2.5 NAAQS under CAA
section 107(d)(3) because we have not yet approved a maintenance plan
for WSV NAA as meeting the requirements of section 175A of the CAA or
determined that the area has met the other CAA requirements for
redesignation. The classification and designation status in 40 CFR part
81 remains Moderate nonattainment for this area until such time as the
EPA determines that Idaho has met the CAA requirements for
redesignation to attainment for the WSV NAA.
IV. Statutory and Executive Orders Review
This action finalizes a determination of attainment based on air
quality and suspends certain federal requirements, and thus will not
impose additional requirements beyond those imposed by state law. For
this reason, this final 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 19, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
[[Page 65537]]
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: December 4, 2018.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2018-27607 Filed 12-20-18; 8:45 am]
BILLING CODE 6560-50-P
