80 FR 21181 - Approval and Promulgation of Implementation Plans; Idaho: Interstate Transport of Fine Particulate Matter
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 74 (April 17, 2015)
Federal Register Volume 80, Issue 74 (April 17, 2015)
| Page Range | 21181-21183 | |
| FR Document | 2015-08893 |
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)] [Rules and Regulations] [Pages 21181-21183] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08893] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2013-0581; FRL-9926-52-Region 10] Approval and Promulgation of Implementation Plans; Idaho: Interstate Transport of Fine Particulate Matter AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On June 28, 2010, the State of Idaho submitted a State Implementation Plan (SIP) revision to the Environmental Protection Agency (EPA) to address certain interstate transport requirements of the Clean Air Act (CAA). The EPA finds that the Idaho SIP meets the CAA interstate transport requirements that the SIP contain adequate provisions prohibiting air emissions that will contribute significantly to nonattainment or interfere with maintenance of the 2006 24-hour PM2.5 NAAQS in any other state. DATES: This final rule is effective on May 18, 2015. ADDRESSES: The EPA has established a docket for this action under Docket Identification No. EPA-R10-OAR-2013-0581. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., 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 either electronically through http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air, Waste, and Toxics, AWT-150, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are [[Page 21182]] Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357, [email protected], or by using the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us'' or ``our'' is used, it is intended to refer to the EPA. Table of Contents I. Background II. Final Action III. Statutory and Executive Order Reviews I. Background In a notice of proposed rulemaking published on February 23, 2015 (80 FR 9423), the EPA proposed to find that the Idaho SIP adequately addressed the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 24-hour PM2.5 NAAQS. Please see our February 23, 2015, proposed rulemaking for further explanation and the basis for our finding. The public comment period for the proposed rule ended on March 25, 2015. No comments were received on the proposal. II. Final Action The EPA finds that the Idaho SIP meets the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 24-hour PM2.5 NAAQS. This action is being taken under section 110 of the CAA. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 this action does not involve technical standards; and does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 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 June 16, 2015. 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)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: April 6, 2015. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart N--Idaho 0 2. In Sec. 52.670, the table in paragraph (e) is amended by adding an entry at the end of the table for ``Interstate Transport Requirements for the 2006 24-hour PM 2.5 NAAQS'' to read as follows: Sec. 52.670 Identification of plan. * * * * * (e) * * * [[Page 21183]] EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable geographic Name of SIP provision or non-attainment State EPA Approval date Comments area submittal date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Interstate Transport Requirements State-wide........... 6/28/2010 4/17/2015............................. This action addresses the following for the 2006 24-hour PM2.5 NAAQS. [Insert Federal Register citation].... CAA elements: 110(a)(2)(D)(i)(I). -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-08893 Filed 4-16-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 21181
NOX), equipment list, equipment recurrence, and any CEMS repairs or requirements if the appropriate
arrangement, and a summary of kiln adjustments. performance or compliance test had
characteristics that were relied upon as (vii) The owner/operator shall submit been performed can be used to establish
the design basis for the SNCR system. results of all CEMS performance tests whether or not the owner/operator has
(ii) By October 3, 2017, the owner/ required by 40 CFR part 60, Appendix violated or is in violation of any
operator shall submit to EPA a summary F, Procedure 1 (Relative Accuracy Test standard or applicable emission limit in
of any process improvement or Audits, Relative Accuracy Audits, and the plan.
debugging activities that were Cylinder Gas Audits). [FR Doc. 2015–08883 Filed 4–16–15; 8:45 am]
performed on the SNCR system. (viiii) When no excess emissions have BILLING CODE 6560–50–P
Elements of this summary report shall occurred or the CEMS has not been
include: a description of each process inoperative, repaired, or adjusted during
adjustment performed on the SNCR the reporting period, the owner/operator ENVIRONMENTAL PROTECTION
system, a discussion of whether the shall state such information in the AGENCY
adjustment affected NOX emission rate semiannual report.
(including CEMS data that may have (9) Notifications. All notifications 40 CFR Part 52
been recorded while the adjustment was required under this section shall be [EPA–R10–OAR–2013–0581; FRL–9926–52–
in progress), a description of the range submitted by the owner/operator to the Region 10]
(if applicable) over which the Director, Enforcement Division (Mail
adjustment was examined, and a Code ENF–2–1), U.S. Environmental Approval and Promulgation of
discussion of how the adjustment will Protection Agency, Region 9, 75 Implementation Plans; Idaho:
be reflected or accounted for in kiln Hawthorne Street, San Francisco, Interstate Transport of Fine Particulate
operating practices. In addition, to the California 94105–3901. Matter
extent that the owner/operator evaluates (i) The owner/operator shall submit
notification of commencement of AGENCY: Environmental Protection
the impact of varying reagent injection
construction of any equipment which is Agency.
rate on NOX emissions, the owner/
operator shall include the following being constructed to comply with the ACTION: Final rule.
information: the range of reagent NOX emission limits in paragraph (i)(3) SUMMARY: On June 28, 2010, the State of
injection rates evaluated (expressed as a of this section. Idaho submitted a State Implementation
molar ratio of reagent to average NOX (ii) The owner/operator shall submit Plan (SIP) revision to the Environmental
concentration), reagent injection rate, semiannual progress reports on Protection Agency (EPA) to address
average NOX concentration, lime construction of any such equipment. certain interstate transport requirements
production rate, kiln flue gas (iii) The owner/operator shall submit
of the Clean Air Act (CAA). The EPA
temperature, and the presence of any notification of initial startup of any such
finds that the Idaho SIP meets the CAA
detached plumes from the kiln exhaust. equipment.
(10) Equipment operations. (i) At all interstate transport requirements that
(iii) The owner/operator shall submit the SIP contain adequate provisions
a report that lists the daily rolling 30- times, including periods of startup,
shutdown, and malfunction, the owner/ prohibiting air emissions that will
kiln operating day emission rates for
operator shall, to the extent practicable, contribute significantly to
NOX and SO2, calculated in accordance
maintain and operate the kilns, nonattainment or interfere with
with paragraphs (i)(6)(iii) and (iv) of this
including associated air pollution maintenance of the 2006 24-hour PM2.5
section.
(iv) The owner/operator shall submit control equipment, in a manner NAAQS in any other state.
a report that lists the monthly rolling consistent with good air pollution DATES: This final rule is effective on
12-month emission rates for NOX and control practices for minimizing May 18, 2015.
SO2, calculated in accordance with emissions. Pollution control equipment ADDRESSES: The EPA has established a
paragraphs (i)(6)(v) and (vi) of this shall be designed and capable of docket for this action under Docket
section. operating properly to minimize Identification No. EPA–R10–OAR–
(v) The owner/operator shall submit emissions during all expected operating 2013–0581. All documents in the docket
excess emissions reports for NOX and conditions. Determination of whether are listed on the http://
SO2 limits. Excess emissions means acceptable operating and maintenance www.regulations.gov Web site. Although
emissions that exceed any of the procedures are being used will be based listed in the index, some information
emissions limits specified in paragraph on information available to the Regional may not be publicly available, i.e.,
(i)(3) of this section. The reports shall Administrator, which may include, but Confidential Business Information or
include the magnitude, date(s), and is not limited to, monitoring results, other information the disclosure of
duration of each period of excess review of operating and maintenance which is restricted by statute. Certain
emissions; specific identification of procedures, and inspection of the kilns. other material, such as copyrighted
each period of excess emissions that (ii) After completion of installation of material, is not placed on the Internet
occurs during startups, shutdowns, and ammonia injection on a kiln, the owner/ and will be publicly available only in
malfunctions of the kiln; the nature and operator shall inject sufficient ammonia hard copy form. Publicly available
cause of any malfunction (if known); to achieve compliance with the NOX docket materials are available either
and the corrective action taken or emission limits from paragraph (i)(3) of electronically through http://
preventative measures adopted. this section for that kiln while www.regulations.gov or in hard copy at
asabaliauskas on DSK5VPTVN1PROD with RULES
(vi) The owner/operator shall submit preventing excessive ammonia EPA Region 10, Office of Air, Waste,
a summary of CEMS operation, to emissions. and Toxics, AWT–150, 1200 Sixth
include dates and duration of each (11) Enforcement. Notwithstanding Avenue, Seattle, Washington 98101. The
period during which the CEMS was any other provision in this EPA requests that you contact the
inoperative (except for zero and span implementation plan, any credible person listed in the FOR FURTHER
adjustments and calibration checks), evidence or information relevant as to INFORMATION CONTACT section to
reason(s) why the CEMS was whether the kiln would have been in schedule your inspection. The Regional
inoperative and steps taken to prevent compliance with applicable Office’s official hours of business are
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EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable geographic State
Name of SIP provision or EPA Approval date Comments
submittal date
non-attainment area
* * * * * * *
Interstate Transport Requirements for the State-wide ................. 6/28/2010 4/17/2015 .......................... This action addresses the
2006 24-hour PM2.5 NAAQS. [Insert Federal Register following CAA elements:
citation]. 110(a)(2)(D)(i)(I).
[FR Doc. 2015–08893 Filed 4–16–15; 8:45 am] Protection Agency, 77 West Jackson Docket: All documents in the docket
BILLING CODE 6560–50–P Boulevard, Chicago, Illinois 60604. are listed in the www.regulations.gov
5. Hand Delivery: Pamela Blakley, index. Although listed in the index,
Chief, Control Strategies Section, Air some information is not publicly
ENVIRONMENTAL PROTECTION Programs Branch (AR–18J), U.S. available, e.g. CBI or other information
AGENCY Environmental Protection Agency, 77 whose disclosure is restricted by statute.
West Jackson Boulevard, Chicago, Certain other material, such as
40 CFR Part 52 Illinois 60604. Such deliveries are only copyrighted material, will be publicly
[EPA–R05–OAR–2014–0188; FRL–9926–31– accepted during the Regional Office available only in hard copy. Publicly
Region 5] normal hours of operation, and special available docket materials are available
arrangements should be made for either electronically in
Approval and Promulgation of Air deliveries of boxed information. The www.regulations.gov or in hard copy at
Quality Implementation Plans; Regional Office official hours of the Environmental Protection Agency,
Michigan; SO2 Rules business are Monday through Friday, Region 5, Air and Radiation Division, 77
AGENCY: Environmental Protection 8:30 a.m. to 4:30 p.m., excluding West Jackson Boulevard, Chicago,
Federal holidays. Illinois 60604. This facility is open from
Agency.
Instructions: Direct your comments to 8:30 a.m. to 4:30 p.m., Monday through
ACTION: Direct final rule.
Docket ID No. EPA–R05–OAR–2014– Friday, excluding Federal holidays. We
SUMMARY: The Environmental Protection 0188. EPA’s policy is that all comments recommend that you telephone Charles
Agency (EPA) is approving a request by received will be included in the public Hatten, Environmental Engineer, (312)
the Michigan Department of docket without change and may be 886–6031 before visiting the Region 5
Environmental Quality (MDEQ) made available online at office.
submitted on February 14, 2014, and www.regulations.gov, including any FOR FURTHER INFORMATION CONTACT:
supplemented on October 27, 2014, to personal information provided, unless Charles Hatten, Environmental
revise the Michigan state the comment includes information Engineer, Control Strategies Section, Air
implementation plan (SIP) to claimed to be Confidential Business Programs Branch (AR–18J),
incorporate sulfur dioxide (SO2) limits Information (CBI) or other information Environmental Protection Agency,
found in Michigan’s Air Pollution whose disclosure is restricted by statute. Region 5, 77 West Jackson Boulevard,
Control Rules at Chapter 336, Part 4, Do not submit information that you Chicago, Illinois 60604, (312) 886–6031,
‘‘Emissions Limitations and consider to be CBI or otherwise hatten.charles@epa.gov.
Prohibitions—Sulfur Bearing protected through www.regulations.gov SUPPLEMENTARY INFORMATION:
Compounds.’’ EPA will take no action or email. The www.regulations.gov Web Throughout this document whenever
on the provisions pertaining to the site is an ‘‘anonymous access’’ system, ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Federal Clean Air Interstate Rule (CAIR) which means EPA will not know your EPA. This supplementary information
SO2 trading program because CAIR is no identity or contact information unless section is arranged as follows:
longer in effect. you provide it in the body of your I. What is the background for this action?
DATES: This direct final rule will be comment. If you send an email II. What did Michigan submit?
effective June 16, 2015, unless EPA comment directly to EPA without going III. What action is EPA taking?
receives adverse comments by May 18, through www.regulations.gov your email IV. Incorporation by Reference
2015. If adverse comments are received, address will be automatically captured V. Statutory and Executive Orders Reviews
EPA will publish a timely withdrawal of and included as part of the comment
the direct final rule in the Federal that is placed in the public docket and I. What is the background for this
Register informing the public that the made available on the Internet. If you action?
rule will not take effect. submit an electronic comment, EPA On February 14, 2014, and October
ADDRESSES: Submit your comments, recommends that you include your 27, 2014, MDEQ submitted a request to
identified by Docket ID No. EPA–R05– name and other contact information in incorporate revisions to the Part 4 rule
OAR–2014–0188, by one of the the body of your comment and with any in Michigan’s SO2 SIP. Specifically, the
following methods: disk or CD–ROM you submit. If EPA revisions to the Part 4 rule includes the
asabaliauskas on DSK5VPTVN1PROD with RULES
1. www.regulations.gov: Follow the cannot read your comment due to removal of obsolete rule language,
on-line instructions for submitting technical difficulties and cannot contact added definitions, and the consolidation
comments. you for clarification, EPA may not be of certain provisions for sources located
2. Email: blakley.pamela@epa.gov. able to consider your comment. in Wayne County.
3. Fax: (312) 692–2450. Electronic files should avoid the use of MDEQ published a Notice of Public
4. Mail: Pamela Blakley, Chief, special characters, any form of Information in several newspapers and
Control Strategies Section, Air Programs encryption, and be free of any defects or provided a 30-day public comment
Branch (AR–18J), U.S. Environmental viruses. period on September 30, 2012, October
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Document Created: 2015-12-18 11:20:42
Document Modified: 2015-12-18 11:20:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on May 18, 2015. | |
| Contact | Kristin Hall at (206) 553-6357, | |
| FR Citation | 80 FR 21181 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements |
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