Air Plan Approval; Idaho: Inspection and Maintenance Program Removal, 19030-19034 [2023-06461]
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Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Proposed Rules
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[FR Doc. 2023–06637 Filed 3–29–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2023–0012, FRL–10612–
01–R10]
Air Plan Approval; Idaho: Inspection
and Maintenance Program Removal
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve
revisions to the Idaho State
Implementation Plan (SIP) submitted by
the State of Idaho (Idaho or the State) on
December 29, 2022. The proposed
revision, applicable in the BoiseNorthern Ada County Carbon Monoxide
area (Northern Ada County CO area) in
Idaho, removes the Inspection and
Maintenance (I/M) program, which was
previously approved into the SIP for use
as a control measure in the State’s plan
to address motor vehicle emissions in
the nonattainment area. The SIP
submission includes a demonstration
that the requested revision will not
interfere with attainment or
maintenance of any national ambient air
quality standard (NAAQS) or with any
other applicable requirement of the
Clean Air Act (CAA or Act). The EPA
evaluated whether this SIP revision
would interfere with the requirements
of the CAA and is proposing to
determine that Idaho’s December 29,
2022, SIP revision is consistent with the
applicable portions of the CAA.
DATES: Comments must be received on
or before May 1, 2023.
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SUMMARY:
1 Under CAA section 107(d)(1)(C), any area that
was designated nonattainment before enactment of
the Clean Air Act Amendments of 1990 was to
retain the designation upon enactment by operation
of law. The CO nonattainment areas that had not
violated the CO standard in either year of the twoyear period 1988–1989 were to be designated
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Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2023–0012, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
electronically submit 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:
Claudia Vaupel, EPA Region 10 at (206)
553–6121, or vaupel.claudia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
the EPA.
ADDRESSES:
I. Background
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the NAAQS
established by the EPA for the six
criteria pollutants (carbon monoxide
(CO); nitrogen dioxide (NO2); ozone
(O3); sulfur dioxide (SO2); particulate
matter, both (PM2.5) and (PM10); and
lead (Pb)). The SIP contains such
elements as air pollution control
regulations, emission inventories,
attainment demonstrations, and
enforcement mechanisms. Section 110
of the CAA requires each state to
periodically revise its SIP. As a result,
the SIP is a living compilation of
regulatory and non-regulatory elements
that are updated to address Federal
requirements and changing air quality
issues in the state.
Idaho has implemented a mandatory
motor vehicle I/M program as part of the
nonattainment with the classification ‘‘not
classified.’’ Accordingly, on November 6, 1991, the
Boise-Northern Ada County CO area was designated
nonattainment for the CO NAAQS by the EPA with
a classification of ‘‘not-classified’’ (56 FR 56818,
November 6, 1991).
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Northern Ada County CO area SIP since
the 1980s. (See 50 FR 23810, June 6,
1985). On March 3, 1978, the EPA
designated the Northern Ada County CO
area as nonattainment for the 1971 CO
NAAQS (43 FR 8962). Under CAA
section 107(d)(1)(C), the nonattainment
designation for the Northern Ada
County CO area was retained by
operation of law following enactment of
the Clean Air Act Amendments of 1990
(56 FR 56818, November 6, 1991).1
On January 17, 2002, Idaho submitted
a request to the EPA to redesignate the
Northern Ada County CO area to
attainment. In accordance with CAA
section 175A(a), at the same time Idaho
submitted the redesignation request,
Idaho submitted a maintenance plan to
maintain the CO NAAQS for 10 years
after redesignation. The EPA
redesignated the Northern Ada County
CO area to attainment for the CO
NAAQS on October 28, 2002, and
approved Idaho’s 10-year maintenance
plan. (See 67 FR 65713). In accordance
with CAA section 175A(b), Idaho
submitted a second maintenance plan to
maintain the CO NAAQS for another 10
years following the conclusion of the
first 10-year maintenance period. On
August 2, 2012, the EPA approved
Idaho’s maintenance plan to maintain
the CO NAAQS for a second 10-year
period in the Northern Ada County CO
area (See 77 FR 45962). Accordingly,
pursuant to CAA section 175A, the 20year maintenance period for the
Northern Ada County CO area ended on
December 27, 2022. Although the CAA
section 175A 20-year maintenance
period has expired, all control measures
in the maintenance plan remain in effect
and must be complied with until the
state submits, and the EPA approves, a
SIP revision.2 However, the CAA
section 175A(d) requirement for
contingency measures to include all
control measures contained in the SIP
prior to redesignation does not preclude
the removal of control measures once
the second 10-year maintenance plan
period has expired.3
Table 1 of this preamble lists the local
ordinances that were approved into the
Idaho SIP as part of the Northern Ada
County CO area maintenance plans to
implement the I/M program. In the
December 29, 2022, submission, Idaho
requested that the EPA remove the
ordinances in Table 1 of this preamble
from the Idaho SIP.
2 See ‘‘Transportation Conformity Guidance for
Areas Reaching the End of the Maintenance
Period,’’ available at: https://nepis.epa.gov/Exe/
ZyPDF.cgi/P100KPP0.PDF?Dockey=P100KPP0.PDF.
3 See 84 FR 2109 at pg. 2111 (February 6, 2019).
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TABLE 1—LOCAL I/M ORDINANCES THAT IDAHO REQUESTS BE REMOVED FROM THE NORTHERN ADA COUNTY CO SIP
Local agency
approval date
Local agency
Ordinance title
Air Quality Board ......................................
Ada County ...............................................
City of Boise .............................................
City of Eagle .............................................
City of Garden City ...................................
City of Meridian ........................................
Motor Vehicle Emissions Control Ordinance .............................................................
The 1999 Motor Vehicle Emissions Control Ordinance .............................................
The 1999 Motor Vehicle Emissions Control Ordinance .............................................
The 1999 Motor Vehicle Emissions Control Ordinance .............................................
The 1991 Vehicle Emission Control Ordinance .........................................................
The 1999 Motor Vehicle Emissions Control Ordinance .............................................
On December 29, 2022, Idaho
submitted a SIP revision to the EPA that
removes the I/M program from the
Northern Ada County CO area SIP.
II. Requirements of CAA Section 110(l)
CAA section 110(l) provides that
‘‘. . . The Administrator shall not
approve a revision of a plan if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress (as defined in [CAA section
171]) or any other applicable
requirement of [the CAA].’’ 42 U.S.C.
7410(l). CAA section 110(l) applies to all
requirements of the CAA and to all areas
of the country, whether attainment,
nonattainment, unclassifiable or
maintenance for one or more of the six
criteria pollutants. Before the EPA can
conclude that the SIP revision is
allowed under CAA section 110(l), the
EPA must first conclude that the
particular plan revision meets CAA
requirements.4
The EPA interprets CAA section
110(l) as applying to all NAAQS that are
in effect, including those for which SIP
submissions have not been made,
therefore the EPA considers the impact
of the SIP revision on emissions and/or
ambient concentrations of any pollutant.
Additionally, in certain circumstances a
state may demonstrate non-interference
with CAA applicable requirements by
substituting equivalent emissions
reductions to compensate for any
change to a plan to ensure actual
emissions to the air are not increased
and thus preserve status quo air
quality.5
1/1/2010
6/15/1999
7/20/1999
4/27/1999
8/13/1996
6/1/1999
III. Evaluation of Submission
A. Monitoring Values and Event Data
Idaho evaluated air quality design
values in the Northern Ada County CO
area for CO, NO2, O3, SO2, PM2.5 and
PM10.6 7 8 The design values included in
Idaho’s submission were based on the
latest available data when the SIP
revision was developed and submitted.
Idaho operates two CO monitoring
sites in the Northern Ada County CO
area and provided CO design values
from 2017 to 2021. As shown in Table
2 of this preamble, the 8-hour CO design
values ranged from 0.7 parts per million
(ppm) to 4.1 ppm and were well below
the 9 ppm 8-hour CO NAAQS.9 The
1-hour CO design values, shown in
Table 3 of this preamble, were also well
below the 35 ppm 1-hour CO NAAQS,
ranging from 1.0 ppm to 15.9 ppm
during the same time period.
TABLE 2—2017–2021 CO 1-HOUR DESIGN VALUES
[ppm]
Site name
AQS ID
Meridian St. Luke’s ..........................................................
Boise Eastman .................................................................
2016–2017
160010010
160010014
2017–2018
1.4
15.9
2018–2019
1.0
15.9
1.0
4.6
2019–2020
1.09
2.5
2020–2021
1.0
2.5
TABLE 3—2017–2021 CO 8-HOUR DESIGN VALUES
[ppm]
Site name
AQS ID
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Meridian St. Luke’s ..........................................................
Boise Eastman .................................................................
In the second quarter of 2019, Idaho
began reporting year-round monitoring
data for NO2 for the Northern Ada
County CO area (AQS ID 160010010).
The 1-hour NO2 design value is the
3-year average of the 98th percentile of
the 1-hour daily maximum, and the NO2
4 Hall
v. EPA, 273 F.3d 1146, 1160 (9th Cir. 2001).
Hall v. EPA, 273 F.2d at 1160 n. 11; 1161
n. 12 (reasoning that the ‘‘no relaxation’’ test would
clearly be appropriate in areas attaining the
NAAQS).
6 For a review of the National Ambient Air
Quality Standards, averaging time, and form, please
5 See
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2016–2017
160010010
160010014
2017–2018
4.1
0.9
2018–2019
4.1
0.7
1.6
1.6
2019–2020
0.9
1.5
2020–2021
0.9
1.5
NAAQS is 100 parts per billion (ppb).10
Because there is not complete NO2
monitoring data for the first quarter of
2019, we do not have a valid NO2 design
value for the area. However, Idaho
provided the 98th percentiles for 2019,
for quarters 2 through 4 (40.8 ppb), and
for all quarters of 2020 (43.1 ppb) and
2021 (45.1 ppb). Based on this data,
Idaho calculated the 3-year average of
98th percentile of 43 ppb, which is
below the 100 ppb NO2 NAAQS. The
annual NO2 NAAQS is calculated as the
annual mean. The annual NO2 mean for
visit https://www.epa.gov/criteria-air-pollutants/
naaqs-table.
7 A design value is a statistic that describes the
air quality status of a given location relative to the
level of the National Ambient Air Quality Standards
(NAAQS). See https://www.epa.gov/air-trends/airquality-design-values#:∼:text=
Design%20Value%20Reports-,What%20is%20a
%20Design%20Value%3F,in%2040%20CFR%20
Part%2050%20.
8 See the EPA’s September 14, 2022, approval of
Idaho’s Annual Monitoring Network Plan, included
in the docket for this action.
9 40 CFR 50.8.
10 40 CFR 50.11.
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the Northern Ada County CO area was
9.84 ppb in 2021 and 9.59 ppb in 2020.
These values are well below the 53 ppb
annual NO2 NAAQS.
Idaho provided design values for the
two ozone monitoring sites in the
Northern Ada County CO area. The
2019–2021 ozone design values were
0.065 ppm (AQS ID 160010010) and
0.063 ppm (AQS ID 160010017). These
design values are below the 2015 8-hour
ozone NAAQS of 0.070 ppm.11
Idaho also provided the 2019–2021
1-hour SO2 design value for the
Northern Ada County CO area. The 2
ppb design value (AQS ID 160010010) is
well below the 75 ppb 1-hour SO2
NAAQS.
Idaho operates two PM2.5 monitors in
the Northern Ada County CO area. The
2019–2021 24-hour PM2.5 design value
at the Meridian St. Luke’s monitoring
site is 30 micrograms per cubic meter
(mg/m3) (AQS ID 160010010). This is
below the 35 mg/m3 24-hour PM2.5
NAAQS. The 2019–2021 annual PM2.5
design value at this site is 7.3 mg/m3.
This is also below the annual 12.0 mg/
m3 PM2.5 NAAQS.12
Idaho operates two PM10 monitors in
the Northern Ada County CO area. The
2019–2021 24-hour PM10 design value at
the Boise Fire Station #5 monitoring site
is 0.0 (the number of expected
exceedances). Because of incomplete
data, Idaho does not have valid PM2.5 or
PM10 2019–2021 design values for the
Nampa Fire Station monitoring site
(AQS ID 160270002).13
B. Vehicle Emission Trends in Idaho
In the December 29, 2022, SIP
submission seeking removal of the I/M
program, Idaho provided an evaluation
of projected changes in on-road mobile
source emissions through 2040. Idaho’s
submission shows that vehicle miles
traveled (VMT) are projected to increase
through 2040. However, older cars
continue to be replaced with newer,
cleaner models that have more stringent
emissions controls and higher fuel
efficiencies. Idaho explained that this
fleet turnover has led to the I/M
program achieving fewer emissions
reductions each year in the Northern
Ada County CO area. Idaho used the
EPA’s MOVES3 14 model to assess
emissions for years 2015, 2020, 2022,
2025, 2030, 2035, and 2040. Idaho’s
analysis focused on carbon monoxide
(CO), nitrogen oxides (NOX), volatile
organic compounds (VOCs), and fine
particulate matter (PM2.5) emissions.15
Idaho analyzed projected on-road
mobile source emissions for CO, NOX,
and VOCs in the Northern Ada County
CO area and determined that the area
will continue to see emissions decrease
through 2040, both with and without
the I/M program in effect. These
reductions are primarily expected from
fleet turnover and implementation of
more stringent Federal motor vehicle
emission standards in newer vehicles.
Based on Idaho’s projections, through
2040, the I/M program accounts for an
11%–12% reduction in total annual
onroad CO emissions, 2%–3%
reduction in total annual onroad NOx
emissions, and a 5% reduction in total
annual VOC emissions. Based on these
projections, even without the I/M
program in place, Ada County CO, NOx
and VOC emissions will continue to
decrease.
Idaho also estimated long-term
emission reductions. Idaho used
MOVES modeling to project emissions
to an outlying year of 2040. Table 4 of
this preamble shows seasonal projected
percent reductions in total emissions in
the Northern Ada County CO area
without the I/M program in place from
2015 to 2040 and from 2022, the last
year of the I/M program, to 2040. For
total CO and NOX emissions, Idaho
analyzed summer season (June through
August), winter season (December
through February), and ozone season
(April through September) total
emissions. For total VOC emissions,
Idaho analyzed summer and ozone
season emissions. For PM2.5, Idaho
analyzed winter season emissions.
Idaho selected the seasons for each
pollutant according to when emissions
from motor vehicles are expected to
have the highest concentrations. Ozone
season was selected for NOX and VOCs
because they are precursors to ozone. In
the winter, multiday air stagnation
events are common in the area and
result in elevated concentrations for all
pollutants.
TABLE 4—PERCENT REDUCTION IN TOTAL EMISSIONS BY SELECTED SEASONS IN THE NORTHERN ADA COUNTY CO AREA
WITHOUT THE I/M PROGRAM FROM 2015 TO 2040 AND FROM 2022 TO 2040
Season
CO .....................................................................................
Summer ............................................................................
Winter ...............................................................................
Ozone Season .................................................................
Summer ............................................................................
Winter ...............................................................................
Ozone Season .................................................................
Summer ............................................................................
Ozone Season .................................................................
Winter ...............................................................................
NOX ...................................................................................
VOC ..................................................................................
PM2.5 .................................................................................
Idaho attributes the long-term
emissions reductions in the area,
without the I/M program, to more
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2015–2040
(%)
Pollutant
11 40
CFR 50.19.
CFR 50.18.
13 Because of incomplete data, Idaho does not
have valid PM 2019–2021 design values for the
Nampa Fire Station monitoring site (AQS ID
160270002), however, Idaho calculated estimated
design values at that location using the available
data. The estimated 24-hour PM2.5 design value is
35 mg/m3, and the estimated annual PM2.5 design
12 40
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2022–2040
(%)
62
53
63
72
69
72
60
59
45
46
40
45
48
47
46
36
34
17
stringent Federal motor vehicle
emissions standards in newer vehicles
and continuing fleet turnover. Idaho
notes that on-road winter PM2.5
emissions increase slightly starting in
2040 when projected increases in
value is 8.9 mg/m3. The estimated PM10 design value
is 0.0.
14 The EPA’s MOtor Vehicle Emission Simulator
(MOVES) is a state-of-the-science emission
modeling system that estimates emissions for
mobile sources at the national, county, and project
level for criteria air pollutants, greenhouse gases,
and air toxics. See https://www.epa.gov/moves/
latest-version-motor-vehicle-emission-simulatormoves.
15 NO and VOCs are precursors to ozone. Ozone
X
is a criteria pollutant that is formed in
photochemical reactions in the atmosphere
involving NOX and VOCs. Onroad vehicles are not
a significant source of Pb or PM10 emissions.
Therefore, removal of the I/M program is not
expected to interfere with attainment or
maintenance of the Pb or PM10 NAAQS.
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population growth, vehicle population,
and VMT begin to outweigh the
emissions benefits from stricter Federal
motor vehicle emissions standards.
Idaho also notes that the MOVES3
model does not calculate on-road PM2.5
emissions benefits from the I/M
program.
The EPA reviewed the on-road
modeling performed by Idaho. The
emission trends analysis shows that any
changes in emissions associated with
the removal of the I/M program are
expected to be relatively minor
compared to the emission reductions
associated with the turnover of older,
higher-emitting vehicles for newer,
lower-emitting vehicles.
In summary, emissions in the
Northern Ada County CO area are
projected to decrease even if the I/M
program is discontinued. This
continued projected decrease in
emissions, despite projected increases
in VMT, is expected due to fleet
turnover and more stringent Federal
vehicle standards.
C. Conclusion
The Northern Ada County CO area is
attaining the NAAQS with current onroad emission levels. On-road emissions
will continue to decrease as older
vehicles are replaced with newer, loweremitting vehicles and these decreases
are projected to continue despite
population growth due to Federal motor
vehicle emissions standards even if this
SIP revision is approved.
The emission trends analysis in the
SIP revision, shows that on-road
emissions in the Northern Ada County
State citation
The EPA believes that Idaho’s
demonstration that removal of the I/M
program will not interfere with any
applicable requirement concerning
attainment and RFP, or any other
applicable requirement of the CAA
meets CAA section 110(l) requirements.
The EPA is requesting comments on the
proposed approval.
V. Incorporation by Reference
In this document, the EPA is
proposing to remove, in a final EPA
rule, regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to remove
the local ordinances identified in
section IV of this preamble. The EPA
has made, and will continue to make,
these materials generally available
through https://www.regulations.gov
and at the EPA Region 10 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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VI. Statutory and Executive Order
Reviews
Under the CAA, the EPA
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
16:50 Mar 29, 2023
IV. What action is the EPA proposing?
The EPA is proposing to approve the
Idaho SIP revision requesting to remove
the Northern Ada County I/M program
from the Idaho SIP. Specifically, the
EPA is proposing to revise the Northern
Ada County Air Quality Maintenance
Area Second 10-year Carbon Monoxide
Limited Maintenance Plan in 40 CFR
52.670(e) and remove the following
local ordinances from incorporation by
reference in 40 CFR 52.670(c):
State
effective date
Title/subject
Ada County Ordinance ...........................................
City of Boise Ordinance .........................................
City of Eagle Ordinance .........................................
City of Garden City Ordinance ...............................
City of Meridian Ordinance ....................................
VerDate Sep<11>2014
CO area will generally continue to
decrease even if the proposed SIP
revision is approved. Based on our
evaluation of the analysis submitted by
the state of Idaho, the EPA concludes
that the removal of the I/M program will
not interfere with attainment or
maintenance of the NAAQS.
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The
The
The
The
The
1999
1999
1999
1991
1999
Motor Vehicle Emissions Control Ordinance .................................
Motor Vehicle Emissions Control Ordinance .................................
Motor Vehicle Emissions Control Ordinance .................................
Vehicle Emission Control Ordinance .............................................
Motor Vehicle Emissions Control Ordinance .................................
they meet the criteria of the CAA.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
already imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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);
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6/15/1999
7/20/1999
4/27/1999
8/13/1996
6/1/1999
• 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and record keeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
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Dated: March 23, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023–06461 Filed 3–29–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0972; FRL–R9–
10529–01]
Second 10-Year Maintenance Plan for
the Coso Junction PM–10 Planning
Area; California
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the ‘‘Coso Junction PM10 Planning Area
Second 10-Year Maintenance Plan’’
(‘‘Coso Junction Second Maintenance
Plan’’ or ‘‘Plan’’) as a revision to the
state implementation plan (SIP) for the
State of California. The Coso Junction
Second Maintenance Plan includes,
among other elements, a base year
emissions inventory, a maintenance
demonstration, and contingency
provisions. The EPA is proposing this
action because the SIP revision meets
the applicable statutory and regulatory
requirements for such plans. The EPA is
also proposing to find the contribution
of motor vehicles to the area’s continued
attainment of the 1987 PM10 standard to
be insignificant and is initiating the
adequacy review process for this
insignificance finding through this
Notice of Proposed Rule Making
(NPRM). If this insignificance finding is
finalized, the area would not have to
complete a regional emissions analysis
for any transportation conformity
determinations necessary for the Coso
Junction Planning Area (CJPA).
DATES: Comments must be received on
or before May 1, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2022–0972 at https://
www.regulations.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. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:50 Mar 29, 2023
Jkt 259001
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, 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://www.epa.gov/dockets/
commenting-epa-dockets. If you need
assistance in a language other than
English or if you are a person with a
disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Lindsay Wickersham, EPA Region IX
(ARD–2), 75 Hawthorne Street, San
Francisco, CA 94105. By phone: (415)
947–4192, or by email at
wickersham.lindsay@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
A. The PM10 National Ambient Air Quality
Standards
B. The Coso Junction PM10 Planning Area
C. Air Quality in the Coso Junction
Planning Area
II. California’s State Implementation Plan
Submittal
III. Procedural Requirements for Adoption
and Submittal of State Implementation
Plan Revisions
IV. Requirements for Second 10-Year
Maintenance Plans
V. Evaluation of the Coso Junction Second
Maintenance Plan
A. Emissions Inventories Overview
B. Maintenance Demonstration
C. PM10 Air Quality Monitoring Network
D. Verification of Continued Attainment
E. Contingency Provisions
F. Motor Vehicle Emissions Budgets for
Transportation Conformity
VI. Environmental Justice Considerations
VII. Proposed Action and Request for Public
Comment
VIII. Statutory and Executive Order Reviews
I. Background
A. The PM10 National Ambient Air
Quality Standards
Section 109 of the Clean Air Act (CAA
or the ‘‘Act’’) grants the EPA the
authority to set national ambient air
quality standards (NAAQS or
‘‘standards’’) for certain ambient air
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
pollutants in order to protect public
health and welfare.1 Particulate matter
(PM) refers to the mixture of solid
particles and liquid droplets found in
the air. PM is among the ambient air
pollutants for which the EPA has
established health-based standards.
PM10 is defined as inhalable particles
with diameters that are 10 micrometers
or less. PM10 can cause adverse health
effects by penetrating deep into the
lungs and blood stream, leading to lung
damage, increased respiratory disease,
and premature death. Children, the
elderly, and people with asthma and
heart conditions are the most
vulnerable.
On July 1, 1987, the EPA established
primary and secondary NAAQS for
PM10.2 At that time, the EPA established
two PM10 standards: an annual standard
and a 24-hour standard.3 Effective
December 18, 2006, the EPA revoked the
annual PM10 standard but retained the
24-hour PM10 standard.4 An area attains
the 24-hour standard of 150 micrograms
per cubic meter (mg/m3) when the
expected number of days per calendar
year with a 24-hour concentration above
the standard (referred to as an
‘‘exceedance’’),5 averaged over three
years, is equal to or less than one. The
expected number of exceedances
averaged over a three-year period at any
regulatory monitor is known as the PM10
design value. The PM10 design value for
the area is the highest design value
within the nonattainment area.6
Generally, the EPA determines
whether an area’s air quality is meeting
the PM10 NAAQS based on the most
1 CAA section 109(b). For a given air pollutant,
‘‘primary’’ standards are those determined by the
EPA as requisite to protect the public health.
‘‘Secondary’’ standards are those determined by the
EPA as requisite to protect the public welfare from
any known or anticipated adverse effects associated
with the presence of such air pollutant in the
ambient air.
2 52 FR 24634.
3 The primary and secondary standards were set
at the same level for both the 24-hour and the
annual PM10 standards.
4 71 FR 61144 (October 17, 2006).
5 An exceedance is defined as a daily value that
is above the level of the 24-hour standard (i.e., 150
mg/m3) after rounding to the nearest 10 mg/m3 (i.e.,
values ending in five or greater are to be rounded
up). Thus, a recorded value of 154 mg/m3 would not
be an exceedance because it would be rounded to
150 mg/m3. A recorded value of 155 mg/m3 would
be an exceedance because it would be rounded to
160 mg/m3. 40 CFR part 50, appendix K, section 1.0.
6 40 CFR 50.6 and 40 CFR part 50, appendix K.
The comparison with the allowable expected
exceedance rate of one per year averaged over three
years is made in terms of a number rounded to the
nearest tenth (fractional values equal to or greater
than 0.05 are to be rounded up; e.g., an exceedance
rate of 1.05 would be rounded to 1.1, which is the
minimum design value for nonattainment). 40 CFR
part 50, appendix K, section 2.1(b).
E:\FR\FM\30MRP1.SGM
30MRP1
]]>Agencies
[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Proposed Rules]
[Pages 19030-19034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06461]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2023-0012, FRL-10612-01-R10]
Air Plan Approval; Idaho: Inspection and Maintenance Program
Removal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
revisions to the Idaho State Implementation Plan (SIP) submitted by the
State of Idaho (Idaho or the State) on December 29, 2022. The proposed
revision, applicable in the Boise-Northern Ada County Carbon Monoxide
area (Northern Ada County CO area) in Idaho, removes the Inspection and
Maintenance (I/M) program, which was previously approved into the SIP
for use as a control measure in the State's plan to address motor
vehicle emissions in the nonattainment area. The SIP submission
includes a demonstration that the requested revision will not interfere
with attainment or maintenance of any national ambient air quality
standard (NAAQS) or with any other applicable requirement of the Clean
Air Act (CAA or Act). The EPA evaluated whether this SIP revision would
interfere with the requirements of the CAA and is proposing to
determine that Idaho's December 29, 2022, SIP revision is consistent
with the applicable portions of the CAA.
DATES: Comments must be received on or before May 1, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2023-0012, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not electronically submit 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: Claudia Vaupel, EPA Region 10 at (206)
553-6121, or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it means the EPA.
I. Background
Each state has a SIP containing the control measures and strategies
used to attain and maintain the NAAQS established by the EPA for the
six criteria pollutants (carbon monoxide (CO); nitrogen dioxide
(NO2); ozone (O3); sulfur dioxide
(SO2); particulate matter, both (PM2.5) and
(PM10); and lead (Pb)). The SIP contains such elements as
air pollution control regulations, emission inventories, attainment
demonstrations, and enforcement mechanisms. Section 110 of the CAA
requires each state to periodically revise its SIP. As a result, the
SIP is a living compilation of regulatory and non-regulatory elements
that are updated to address Federal requirements and changing air
quality issues in the state.
Idaho has implemented a mandatory motor vehicle I/M program as part
of the Northern Ada County CO area SIP since the 1980s. (See 50 FR
23810, June 6, 1985). On March 3, 1978, the EPA designated the Northern
Ada County CO area as nonattainment for the 1971 CO NAAQS (43 FR 8962).
Under CAA section 107(d)(1)(C), the nonattainment designation for the
Northern Ada County CO area was retained by operation of law following
enactment of the Clean Air Act Amendments of 1990 (56 FR 56818,
November 6, 1991).\1\
---------------------------------------------------------------------------
\1\ Under CAA section 107(d)(1)(C), any area that was designated
nonattainment before enactment of the Clean Air Act Amendments of
1990 was to retain the designation upon enactment by operation of
law. The CO nonattainment areas that had not violated the CO
standard in either year of the two-year period 1988-1989 were to be
designated nonattainment with the classification ``not classified.''
Accordingly, on November 6, 1991, the Boise-Northern Ada County CO
area was designated nonattainment for the CO NAAQS by the EPA with a
classification of ``not-classified'' (56 FR 56818, November 6,
1991).
---------------------------------------------------------------------------
On January 17, 2002, Idaho submitted a request to the EPA to
redesignate the Northern Ada County CO area to attainment. In
accordance with CAA section 175A(a), at the same time Idaho submitted
the redesignation request, Idaho submitted a maintenance plan to
maintain the CO NAAQS for 10 years after redesignation. The EPA
redesignated the Northern Ada County CO area to attainment for the CO
NAAQS on October 28, 2002, and approved Idaho's 10-year maintenance
plan. (See 67 FR 65713). In accordance with CAA section 175A(b), Idaho
submitted a second maintenance plan to maintain the CO NAAQS for
another 10 years following the conclusion of the first 10-year
maintenance period. On August 2, 2012, the EPA approved Idaho's
maintenance plan to maintain the CO NAAQS for a second 10-year period
in the Northern Ada County CO area (See 77 FR 45962). Accordingly,
pursuant to CAA section 175A, the 20-year maintenance period for the
Northern Ada County CO area ended on December 27, 2022. Although the
CAA section 175A 20-year maintenance period has expired, all control
measures in the maintenance plan remain in effect and must be complied
with until the state submits, and the EPA approves, a SIP revision.\2\
However, the CAA section 175A(d) requirement for contingency measures
to include all control measures contained in the SIP prior to
redesignation does not preclude the removal of control measures once
the second 10-year maintenance plan period has expired.\3\
---------------------------------------------------------------------------
\2\ See ``Transportation Conformity Guidance for Areas Reaching
the End of the Maintenance Period,'' available at: https://nepis.epa.gov/Exe/ZyPDF.cgi/P100KPP0.PDF?Dockey=P100KPP0.PDF.
\3\ See 84 FR 2109 at pg. 2111 (February 6, 2019).
---------------------------------------------------------------------------
Table 1 of this preamble lists the local ordinances that were
approved into the Idaho SIP as part of the Northern Ada County CO area
maintenance plans to implement the I/M program. In the December 29,
2022, submission, Idaho requested that the EPA remove the ordinances in
Table 1 of this preamble from the Idaho SIP.
[[Page 19031]]
Table 1--Local I/M Ordinances That Idaho Requests Be Removed From the
Northern Ada County CO SIP
------------------------------------------------------------------------
Local agency
Local agency Ordinance title approval date
------------------------------------------------------------------------
Air Quality Board.............. Motor Vehicle 1/1/2010
Emissions Control
Ordinance.
Ada County..................... The 1999 Motor Vehicle 6/15/1999
Emissions Control
Ordinance.
City of Boise.................. The 1999 Motor Vehicle 7/20/1999
Emissions Control
Ordinance.
City of Eagle.................. The 1999 Motor Vehicle 4/27/1999
Emissions Control
Ordinance.
City of Garden City............ The 1991 Vehicle 8/13/1996
Emission Control
Ordinance.
City of Meridian............... The 1999 Motor Vehicle 6/1/1999
Emissions Control
Ordinance.
------------------------------------------------------------------------
On December 29, 2022, Idaho submitted a SIP revision to the EPA
that removes the I/M program from the Northern Ada County CO area SIP.
II. Requirements of CAA Section 110(l)
CAA section 110(l) provides that ``. . . The Administrator shall
not approve a revision of a plan if the revision would interfere with
any applicable requirement concerning attainment and reasonable further
progress (as defined in [CAA section 171]) or any other applicable
requirement of [the CAA].'' 42 U.S.C. 7410(l). CAA section 110(l)
applies to all requirements of the CAA and to all areas of the country,
whether attainment, nonattainment, unclassifiable or maintenance for
one or more of the six criteria pollutants. Before the EPA can conclude
that the SIP revision is allowed under CAA section 110(l), the EPA must
first conclude that the particular plan revision meets CAA
requirements.\4\
---------------------------------------------------------------------------
\4\ Hall v. EPA, 273 F.3d 1146, 1160 (9th Cir. 2001).
---------------------------------------------------------------------------
The EPA interprets CAA section 110(l) as applying to all NAAQS that
are in effect, including those for which SIP submissions have not been
made, therefore the EPA considers the impact of the SIP revision on
emissions and/or ambient concentrations of any pollutant. Additionally,
in certain circumstances a state may demonstrate non-interference with
CAA applicable requirements by substituting equivalent emissions
reductions to compensate for any change to a plan to ensure actual
emissions to the air are not increased and thus preserve status quo air
quality.\5\
---------------------------------------------------------------------------
\5\ See Hall v. EPA, 273 F.2d at 1160 n. 11; 1161 n. 12
(reasoning that the ``no relaxation'' test would clearly be
appropriate in areas attaining the NAAQS).
---------------------------------------------------------------------------
III. Evaluation of Submission
A. Monitoring Values and Event Data
Idaho evaluated air quality design values in the Northern Ada
County CO area for CO, NO2, O3, SO2,
PM2.5 and PM10.6 7 8 The design values
included in Idaho's submission were based on the latest available data
when the SIP revision was developed and submitted.
---------------------------------------------------------------------------
\6\ For a review of the National Ambient Air Quality Standards,
averaging time, and form, please visit https://www.epa.gov/criteria-air-pollutants/naaqs-table.
\7\ A design value is a statistic that describes the air quality
status of a given location relative to the level of the National
Ambient Air Quality Standards (NAAQS). See https://www.epa.gov/air-
trends/air-quality-design-values#:~:text=Design%20Value%20Reports-
,What%20is%20a%20Design%20Value%3F,in%2040%20CFR%20Part%2050%20.
\8\ See the EPA's September 14, 2022, approval of Idaho's Annual
Monitoring Network Plan, included in the docket for this action.
---------------------------------------------------------------------------
Idaho operates two CO monitoring sites in the Northern Ada County
CO area and provided CO design values from 2017 to 2021. As shown in
Table 2 of this preamble, the 8-hour CO design values ranged from 0.7
parts per million (ppm) to 4.1 ppm and were well below the 9 ppm 8-hour
CO NAAQS.\9\ The 1-hour CO design values, shown in Table 3 of this
preamble, were also well below the 35 ppm 1-hour CO NAAQS, ranging from
1.0 ppm to 15.9 ppm during the same time period.
---------------------------------------------------------------------------
\9\ 40 CFR 50.8.
Table 2--2017-2021 CO 1-Hour Design Values
[ppm]
----------------------------------------------------------------------------------------------------------------
Site name AQS ID 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
----------------------------------------------------------------------------------------------------------------
Meridian St. Luke's............... 160010010 1.4 1.0 1.0 1.09 1.0
Boise Eastman..................... 160010014 15.9 15.9 4.6 2.5 2.5
----------------------------------------------------------------------------------------------------------------
Table 3--2017-2021 CO 8-Hour Design Values
[ppm]
----------------------------------------------------------------------------------------------------------------
Site name AQS ID 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
----------------------------------------------------------------------------------------------------------------
Meridian St. Luke's............... 160010010 4.1 4.1 1.6 0.9 0.9
Boise Eastman..................... 160010014 0.9 0.7 1.6 1.5 1.5
----------------------------------------------------------------------------------------------------------------
In the second quarter of 2019, Idaho began reporting year-round
monitoring data for NO2 for the Northern Ada County CO area
(AQS ID 160010010). The 1-hour NO2 design value is the 3-
year average of the 98th percentile of the 1-hour daily maximum, and
the NO2 NAAQS is 100 parts per billion (ppb).\10\ Because
there is not complete NO2 monitoring data for the first
quarter of 2019, we do not have a valid NO2 design value for
the area. However, Idaho provided the 98th percentiles for 2019, for
quarters 2 through 4 (40.8 ppb), and for all quarters of 2020 (43.1
ppb) and 2021 (45.1 ppb). Based on this data, Idaho calculated the 3-
year average of 98th percentile of 43 ppb, which is below the 100 ppb
NO2 NAAQS. The annual NO2 NAAQS is calculated as
the annual mean. The annual NO2 mean for
[[Page 19032]]
the Northern Ada County CO area was 9.84 ppb in 2021 and 9.59 ppb in
2020. These values are well below the 53 ppb annual NO2
NAAQS.
---------------------------------------------------------------------------
\10\ 40 CFR 50.11.
---------------------------------------------------------------------------
Idaho provided design values for the two ozone monitoring sites in
the Northern Ada County CO area. The 2019-2021 ozone design values were
0.065 ppm (AQS ID 160010010) and 0.063 ppm (AQS ID 160010017). These
design values are below the 2015 8-hour ozone NAAQS of 0.070 ppm.\11\
---------------------------------------------------------------------------
\11\ 40 CFR 50.19.
---------------------------------------------------------------------------
Idaho also provided the 2019-2021 1-hour SO2 design
value for the Northern Ada County CO area. The 2 ppb design value (AQS
ID 160010010) is well below the 75 ppb 1-hour SO2 NAAQS.
Idaho operates two PM2.5 monitors in the Northern Ada
County CO area. The 2019-2021 24-hour PM2.5 design value at
the Meridian St. Luke's monitoring site is 30 micrograms per cubic
meter ([mu]g/m\3\) (AQS ID 160010010). This is below the 35 [mu]g/m\3\
24-hour PM2.5 NAAQS. The 2019-2021 annual PM2.5
design value at this site is 7.3 [mu]g/m\3\. This is also below the
annual 12.0 [mu]g/m\3\ PM2.5 NAAQS.\12\
---------------------------------------------------------------------------
\12\ 40 CFR 50.18.
---------------------------------------------------------------------------
Idaho operates two PM10 monitors in the Northern Ada
County CO area. The 2019-2021 24-hour PM10 design value at
the Boise Fire Station #5 monitoring site is 0.0 (the number of
expected exceedances). Because of incomplete data, Idaho does not have
valid PM2.5 or PM10 2019-2021 design values for
the Nampa Fire Station monitoring site (AQS ID 160270002).\13\
---------------------------------------------------------------------------
\13\ Because of incomplete data, Idaho does not have valid PM
2019-2021 design values for the Nampa Fire Station monitoring site
(AQS ID 160270002), however, Idaho calculated estimated design
values at that location using the available data. The estimated 24-
hour PM2.5 design value is 35 [mu]g/m\3\, and the
estimated annual PM2.5 design value is 8.9 [mu]g/m\3\.
The estimated PM10 design value is 0.0.
---------------------------------------------------------------------------
B. Vehicle Emission Trends in Idaho
In the December 29, 2022, SIP submission seeking removal of the I/M
program, Idaho provided an evaluation of projected changes in on-road
mobile source emissions through 2040. Idaho's submission shows that
vehicle miles traveled (VMT) are projected to increase through 2040.
However, older cars continue to be replaced with newer, cleaner models
that have more stringent emissions controls and higher fuel
efficiencies. Idaho explained that this fleet turnover has led to the
I/M program achieving fewer emissions reductions each year in the
Northern Ada County CO area. Idaho used the EPA's MOVES3 \14\ model to
assess emissions for years 2015, 2020, 2022, 2025, 2030, 2035, and
2040. Idaho's analysis focused on carbon monoxide (CO), nitrogen oxides
(NOX), volatile organic compounds (VOCs), and fine
particulate matter (PM2.5) emissions.\15\
---------------------------------------------------------------------------
\14\ The EPA's MOtor Vehicle Emission Simulator (MOVES) is a
state-of-the-science emission modeling system that estimates
emissions for mobile sources at the national, county, and project
level for criteria air pollutants, greenhouse gases, and air toxics.
See https://www.epa.gov/moves/latest-version-motor-vehicle-emission-simulator-moves.
\15\ NOX and VOCs are precursors to ozone. Ozone is a
criteria pollutant that is formed in photochemical reactions in the
atmosphere involving NOX and VOCs. Onroad vehicles are
not a significant source of Pb or PM10 emissions.
Therefore, removal of the I/M program is not expected to interfere
with attainment or maintenance of the Pb or PM10 NAAQS.
---------------------------------------------------------------------------
Idaho analyzed projected on-road mobile source emissions for CO,
NOX, and VOCs in the Northern Ada County CO area and
determined that the area will continue to see emissions decrease
through 2040, both with and without the I/M program in effect. These
reductions are primarily expected from fleet turnover and
implementation of more stringent Federal motor vehicle emission
standards in newer vehicles. Based on Idaho's projections, through
2040, the I/M program accounts for an 11%-12% reduction in total annual
onroad CO emissions, 2%-3% reduction in total annual onroad NOx
emissions, and a 5% reduction in total annual VOC emissions. Based on
these projections, even without the I/M program in place, Ada County
CO, NOx and VOC emissions will continue to decrease.
Idaho also estimated long-term emission reductions. Idaho used
MOVES modeling to project emissions to an outlying year of 2040. Table
4 of this preamble shows seasonal projected percent reductions in total
emissions in the Northern Ada County CO area without the I/M program in
place from 2015 to 2040 and from 2022, the last year of the I/M
program, to 2040. For total CO and NOX emissions, Idaho
analyzed summer season (June through August), winter season (December
through February), and ozone season (April through September) total
emissions. For total VOC emissions, Idaho analyzed summer and ozone
season emissions. For PM2.5, Idaho analyzed winter season
emissions. Idaho selected the seasons for each pollutant according to
when emissions from motor vehicles are expected to have the highest
concentrations. Ozone season was selected for NOX and VOCs
because they are precursors to ozone. In the winter, multiday air
stagnation events are common in the area and result in elevated
concentrations for all pollutants.
Table 4--Percent Reduction in Total Emissions by Selected Seasons in the Northern Ada County CO Area Without the
I/M Program From 2015 to 2040 and From 2022 to 2040
----------------------------------------------------------------------------------------------------------------
2015-2040 2022-2040
Pollutant Season (%) (%)
----------------------------------------------------------------------------------------------------------------
CO............................................ Summer................................ 62 46
Winter................................ 53 40
Ozone Season.......................... 63 45
NOX........................................... Summer................................ 72 48
Winter................................ 69 47
Ozone Season.......................... 72 46
VOC........................................... Summer................................ 60 36
Ozone Season.......................... 59 34
PM2.5......................................... Winter................................ 45 17
----------------------------------------------------------------------------------------------------------------
Idaho attributes the long-term emissions reductions in the area,
without the I/M program, to more stringent Federal motor vehicle
emissions standards in newer vehicles and continuing fleet turnover.
Idaho notes that on-road winter PM2.5 emissions increase
slightly starting in 2040 when projected increases in
[[Page 19033]]
population growth, vehicle population, and VMT begin to outweigh the
emissions benefits from stricter Federal motor vehicle emissions
standards. Idaho also notes that the MOVES3 model does not calculate
on-road PM2.5 emissions benefits from the I/M program.
The EPA reviewed the on-road modeling performed by Idaho. The
emission trends analysis shows that any changes in emissions associated
with the removal of the I/M program are expected to be relatively minor
compared to the emission reductions associated with the turnover of
older, higher-emitting vehicles for newer, lower-emitting vehicles.
In summary, emissions in the Northern Ada County CO area are
projected to decrease even if the I/M program is discontinued. This
continued projected decrease in emissions, despite projected increases
in VMT, is expected due to fleet turnover and more stringent Federal
vehicle standards.
C. Conclusion
The Northern Ada County CO area is attaining the NAAQS with current
on-road emission levels. On-road emissions will continue to decrease as
older vehicles are replaced with newer, lower-emitting vehicles and
these decreases are projected to continue despite population growth due
to Federal motor vehicle emissions standards even if this SIP revision
is approved.
The emission trends analysis in the SIP revision, shows that on-
road emissions in the Northern Ada County CO area will generally
continue to decrease even if the proposed SIP revision is approved.
Based on our evaluation of the analysis submitted by the state of
Idaho, the EPA concludes that the removal of the I/M program will not
interfere with attainment or maintenance of the NAAQS.
IV. What action is the EPA proposing?
The EPA is proposing to approve the Idaho SIP revision requesting
to remove the Northern Ada County I/M program from the Idaho SIP.
Specifically, the EPA is proposing to revise the Northern Ada County
Air Quality Maintenance Area Second 10-year Carbon Monoxide Limited
Maintenance Plan in 40 CFR 52.670(e) and remove the following local
ordinances from incorporation by reference in 40 CFR 52.670(c):
------------------------------------------------------------------------
State
State citation Title/subject effective date
------------------------------------------------------------------------
Ada County Ordinance.............. The 1999 Motor 6/15/1999
Vehicle Emissions
Control Ordinance.
City of Boise Ordinance........... The 1999 Motor 7/20/1999
Vehicle Emissions
Control Ordinance.
City of Eagle Ordinance........... The 1999 Motor 4/27/1999
Vehicle Emissions
Control Ordinance.
City of Garden City Ordinance..... The 1991 Vehicle 8/13/1996
Emission Control
Ordinance.
City of Meridian Ordinance........ The 1999 Motor 6/1/1999
Vehicle Emissions
Control Ordinance.
------------------------------------------------------------------------
The EPA believes that Idaho's demonstration that removal of the I/M
program will not interfere with any applicable requirement concerning
attainment and RFP, or any other applicable requirement of the CAA
meets CAA section 110(l) requirements. The EPA is requesting comments
on the proposed approval.
V. Incorporation by Reference
In this document, the EPA is proposing to remove, in a final EPA
rule, regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
remove the local ordinances identified in section IV of this preamble.
The EPA has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region 10
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the CAA, the EPA Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those already imposed by
state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and record keeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
[[Page 19034]]
Dated: March 23, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-06461 Filed 3-29-23; 8:45 am]
BILLING CODE 6560-50-P
