80_FR_67072 80 FR 66862 - Approval and Promulgation of Implementation Plans; Idaho: Interstate Transport of Ozone

80 FR 66862 - Approval and Promulgation of Implementation Plans; Idaho: Interstate Transport of Ozone

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 210 (October 30, 2015)

Page Range66862-66865
FR Document2015-27594

The Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting emissions that will have certain adverse air quality effects in other states. On June 28, 2010, the State of Idaho made a submittal to the Environmental Protection Agency (EPA) to address these requirements. The EPA is proposing to approve the submittal as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will contribute significantly to nonattainment or interfere with maintenance of the 2008 ozone National Ambient Air Quality Standard (NAAQS) in any other state.

Federal Register, Volume 80 Issue 210 (Friday, October 30, 2015)
[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Proposed Rules]
[Pages 66862-66865]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27594]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0258; FRL-9936-31-Region 10]


Approval and Promulgation of Implementation Plans; Idaho: 
Interstate Transport of Ozone

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Clean Air Act (CAA) requires each State Implementation 
Plan (SIP) to contain adequate provisions prohibiting emissions that 
will have certain adverse air quality effects in other states. On June 
28, 2010, the State of Idaho made a submittal to the Environmental 
Protection Agency (EPA) to address these requirements. The EPA is 
proposing to approve the submittal as meeting the requirement that each 
SIP contain adequate provisions to prohibit emissions that will 
contribute significantly to nonattainment or interfere with maintenance 
of the 2008 ozone National Ambient Air Quality Standard (NAAQS) in any 
other state.

DATES: Written comments must be received on or before November 30, 
2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0258, by any of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: R10-Public_Comments@epa.gov
     Mail: Kristin Hall, EPA Region 10, Office of Air, Waste 
and Toxics (AWT-150), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101
     Hand Delivery/Courier: EPA Region 10 9th Floor Mailroom, 
1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Attention: Kristin 
Hall, Office of Air, Waste and Toxics, AWT-150. Such deliveries are 
only accepted during normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2015-0258. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means the EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an email comment directly to the EPA 
without going through http://www.regulations.gov your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit

[[Page 66863]]

an electronic comment, the EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If the EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI 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. Publicly available 
docket materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, 
Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357, 
hall.kristin@epa.gov, or 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. 
Information is organized as follows:

Table of Contents

I. Background
II. State Submittal
III. EPA Evaluation
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background

    On March 12, 2008, the EPA revised the levels of the primary and 
secondary 8-hour ozone standards from 0.08 parts per million (ppm) to 
0.075 ppm (73 FR 16436). The CAA requires states to submit, within 
three years after promulgation of a new or revised standard, SIPs 
meeting the applicable ``infrastructure'' elements of sections 
110(a)(1) and (2). One of these applicable infrastructure elements, CAA 
section 110(a)(2)(D)(i), requires SIPs to contain ``good neighbor'' 
provisions to prohibit certain adverse air quality effects on 
neighboring states due to interstate transport of pollution. There are 
four sub-elements within CAA section 110(a)(2)(D)(i). This action 
addresses the first two sub-elements of the good neighbor provisions, 
at CAA section 110(a)(2)(D)(i)(I). These sub-elements require that each 
SIP for a new or revised standard contain adequate provisions to 
prohibit any source or other type of emissions activity within the 
state from emitting air pollutants that will ``contribute significantly 
to nonattainment'' or ``interfere with maintenance'' of the applicable 
air quality standard in any other state. We note that the EPA has 
addressed the interstate transport requirements of CAA section 
110(a)(2)(D)(i)(I) for the eastern portion of the United States in 
several past regulatory actions.\1\ We most recently promulgated the 
Cross-State Air Pollution Rule (CSAPR), which addressed CAA section 
110(a)(2)(D)(i)(I) in the eastern portion of the United States.\2\ 
CSAPR addressed multiple national ambient air quality standards, but 
did not address the 2008 8-hour ozone standard.\3\
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    \1\ NOX SIP Call, 63 FR 57371 (October 27, 1998); 
Clean Air Interstate Rule (CAIR), 70 FR 25172 (May 12, 2005); Cross-
State Air Pollution Rule (CSAPR), 76 FR 48208 (August 8, 2011).
    \2\ 76 FR 48208.
    \3\ CSAPR addressed the 1997 8-hour ozone, and the 1997 and 2006 
fine particulate matter NAAQS.
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    In CSAPR, the EPA used detailed air quality analyses to determine 
whether an eastern state's contribution to downwind air quality 
problems was at or above specific thresholds. If a state's contribution 
did not exceed the specified air quality screening threshold, the state 
was not considered ``linked'' to identified downwind nonattainment and 
maintenance receptors and was therefore not considered to significantly 
contribute to or interfere with maintenance of the standard in those 
downwind areas. If a state exceeded that threshold, the state's 
emissions were further evaluated, taking into account both air quality 
and cost considerations, to determine what, if any, emissions 
reductions might be necessary. For the reasons stated below, we believe 
it is appropriate to use the same approach we used in CSAPR to 
establish an air quality screening threshold for the evaluation of 
interstate transport requirements for the 2008 ozone standard.
    In CSAPR, the EPA proposed an air quality screening threshold of 
one percent of the applicable NAAQS and requested comment on whether 
one percent was appropriate.\4\ The EPA evaluated the comments received 
and ultimately determined that one percent was an appropriately low 
threshold because there were important, even if relatively small, 
contributions to identified nonattainment and maintenance receptors 
from multiple upwind states. In response to commenters who advocated a 
higher or lower threshold than one percent, the EPA compiled the 
contribution modeling results for CSAPR to analyze the impact of 
different possible thresholds for the eastern United States. The EPA's 
analysis showed that the one-percent threshold captures a high 
percentage of the total pollution transport affecting downwind states, 
while the use of higher thresholds would exclude increasingly larger 
percentages of total transport. For example, at a five percent 
threshold, the majority of interstate pollution transport affecting 
downwind receptors would be excluded.\5\ In addition, the EPA 
determined that it was important to use a relatively lower one-percent 
threshold because there are adverse health impacts associated with 
ambient ozone even at low levels.\6\ The EPA also determined that a 
lower threshold such as 0.5 percent would result in modest increases in 
the overall percentages of fine particulate matter and ozone pollution 
transport captured relative to the amounts captured at the one-percent 
level. The EPA determined that a ``0.5 percent threshold could lead to 
emission reduction responsibilities in additional states that 
individually have a very small impact on those receptors--an indicator 
that emission controls in those states are likely to have a smaller air 
quality impact at the downwind receptor. We are not convinced that 
selecting a threshold below one percent is necessary or desirable.'' 
\7\
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    \4\ CSAPR proposal, 75 FR 45210, 45237 (August 2, 2010).
    \5\ See also Air Quality Modeling Final Rule Technical Support 
Document, Appendix F; Analysis of Contribution Thresholds.
    \6\ CSAPR, 76 FR 48208, 48236-37 (August 8, 2011).
    \7\ Id.
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    In the final CSAPR, the EPA determined that one percent was a 
reasonable choice considering the combined downwind impact of multiple 
upwind states in the eastern United States, the health effects of low 
levels of fine particulate matter and ozone pollution, and the EPA's 
previous use of a one-percent threshold in CAIR. The EPA used a single 
``bright line'' air quality threshold equal to one percent of the 1997 
8-hour ozone standard, or 0.08 ppm.\8\ The projected contribution from 
each state was averaged over multiple days with projected high modeled 
ozone, and then compared to the one-percent threshold. We concluded 
that this approach for setting and applying the air quality threshold 
for ozone was appropriate because it provided a robust metric, was 
consistent with the approach for fine particulate matter

[[Page 66864]]

used in CSAPR, and because it took into account, and would be 
applicable to, any future ozone standards below 0.08 ppm.\9\
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    \8\ Id.
    \9\ Id.
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II. State Submittal

    CAA sections 110(a)(1) and (2) and section 110(l) require that 
revisions to a SIP be adopted by the State after reasonable notice and 
public hearing. The EPA has promulgated specific procedural 
requirements for SIP revisions in 40 CFR part 51, subpart F. These 
requirements include publication of notices by prominent advertisement 
in the relevant geographic area, a public comment period of at least 30 
days, and an opportunity for a public hearing.
    On June 28, 2010, Idaho submitted a SIP to address the interstate 
transport requirements of CAA section 110(a)(2)(D)(i)(I) for the ozone 
NAAQS. The Idaho submittal included documentation of a public comment 
period from May 11, 2010 through June 10, 2010, and opportunity for 
public hearing. We find that the process followed by Idaho in adopting 
the submittal complies with the procedural requirements for SIP 
revisions under CAA section 110 and the EPA's implementing regulations.
    With respect to the requirements in CAA section 110(a)(2)(D)(i)(I), 
the Idaho submittal referred to applicable rules in the Idaho SIP, 
meteorological and technical characteristics of areas with ozone 
nonattainment problems in surrounding states, data on nitrogen oxides 
(NOX) and volatile organic compound (VOC) emissions from 
Idaho sources, satellite monitoring data, and the impacts of terrain 
and prevailing wind direction on the potential for transport of ozone 
precursors. The Idaho submittal concluded that given the relatively low 
amount of NOX emitted by Idaho sources, the general lack of 
substantial concentrations of VOCs in areas surrounding Idaho, the 
impacts of significant terrain features on the movement of pollutants, 
and technical information on the two areas in states bordering Idaho 
that are having ozone attainment and maintenance problems (Upper Green 
River Basin, Wyoming and Clark County, Nevada), it is reasonable to 
conclude that emissions of ozone precursors from Idaho sources will not 
significantly contribute to nonattainment or interfere with maintenance 
of the 2008 ozone NAAQS in any other state.
    The Idaho submittal provided further information to support this 
conclusion by citing major source permitting regulations approved into 
the Idaho SIP that require new sources and modifications to protect the 
ambient air quality standards, including the 2008 ozone NAAQS. With 
respect to existing sources, the Idaho submittal stated that stationary 
source operating rules in the Idaho SIP require an owner or operator to 
demonstrate that the source does not cause or contribute to a violation 
of any ambient air quality standard.

III. EPA Evaluation

    On August 4, 2015, the EPA issued a Notice of Data Availability 
(NODA) containing air quality modeling data that applies the CSAPR 
approach to contribution projections for the year 2017 for the 2008 8-
hour ozone NAAQS.\10\ The moderate area attainment date for the 2008 
ozone standard is July 11, 2018. In order to demonstrate attainment by 
this attainment deadline, states will use 2015 through 2017 ambient 
ozone data. Therefore, 2017 is an appropriate future year to model for 
the purpose of examining interstate transport for the 2008 ozone NAAQS. 
The EPA used photochemical air quality modeling to project ozone 
concentrations at air quality monitoring sites to 2017 and estimated 
state-by-state ozone contributions to those 2017 concentrations. This 
modeling used the Comprehensive Air Quality Model with Extensions (CAMx 
version 6.11) to model the 2011 base year, and the 2017 future base 
case emissions scenarios to identify projected nonattainment and 
maintenance sites with respect to the 2008 ozone NAAQS in 2017. The EPA 
used nationwide state-level ozone source apportionment modeling (CAMx 
Ozone Source Apportionment Technology/Anthropogenic Precursor 
Culpability Analysis technique) to quantify the contribution of 2017 
base case NOX and volatile VOC emissions from all sources in 
each state to the 2017 projected receptors. The air quality model runs 
were performed for a modeling domain that covers the 48 contiguous 
United States and adjacent portions of Canada and Mexico. The NODA and 
the supporting technical documents have been included in the docket for 
this action.
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    \10\ See 80 FR 46271 (August 4, 2015) (Notice of Availability of 
the Environmental Protection Agency's Updated Ozone Transport 
Modeling Data for the 2008 Ozone National Ambient Air Quality 
Standard (NAAQS)).
---------------------------------------------------------------------------

    The modeling data released in the NODA on July 23, 2015, is the 
most up-to-date information the EPA has developed to inform our 
analysis of upwind state linkages to downwind air quality problems. For 
purposes of evaluating Idaho's interstate transport SIP submittal with 
respect to the 2008 8-hour ozone standard, the EPA is proposing that 
states whose contributions are less than one percent to downwind 
nonattainment and maintenance receptors are considered non-significant. 
The modeling indicates that Idaho's largest contribution to any 
projected downwind nonattainment site is 0.23 ppb and Idaho's largest 
contribution to any projected downwind maintenance-only site is 0.35 
ppb.\11\ These values are below the one percent screening threshold of 
0.75 ppb, and therefore there are no identified linkages between Idaho 
and 2017 downwind projected nonattainment and maintenance sites. Note 
that the EPA has not done an assessment to determine the applicability 
for the use of the one percent screening threshold for western states 
that contribute above the one percent threshold. There may be 
additional considerations that may impact regulatory decisions 
regarding ``potential'' linkages in the west identified by the 
modeling.
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    \11\ 80 FR 46271 at page 46276, Table 3.
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IV. Proposed Action

    As discussed in Section II, Idaho concluded based on its own 
technical analysis that emissions from the State do not significantly 
contribute to nonattainment or interfere with maintenance of the 2008 
ozone standard in any other state. The EPA's modeling, discussed in 
Section III, confirms this finding. Based on the modeling data and the 
information and analysis provided in Idaho's June 28, 2010 submittal, 
we are proposing to approve the submittal for purposes of meeting the 
CAA section 110(a)(2)(D)(i)(I) requirements for the 2008 ozone 
standard. The EPA's modeling confirms the results of the State's 
analysis: Idaho does not significantly contribute to nonattainment or 
interfere with maintenance of the 2008 ozone standard in any other 
state.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:

[[Page 66865]]

     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
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 it 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), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 15, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2015-27594 Filed 10-29-15; 8:45 am]
BILLING CODE 6560-50-P



                                                66862                   Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Proposed Rules

                                                promote healthy lifestyles and/or                       member who is covered by the                          prohibiting emissions that will have
                                                require individuals to meet particular                  employer’s group health plan and is                   certain adverse air quality effects in
                                                health goals, the employer must make                    completing a health risk assessment on                other states. On June 28, 2010, the State
                                                reasonable accommodations to the                        a voluntary basis in connection with the              of Idaho made a submittal to the
                                                extent required by the ADA; that is, the                family member’s receipt of health or                  Environmental Protection Agency (EPA)
                                                employer must make ‘‘modifications or                   genetic services (including health or                 to address these requirements. The EPA
                                                adjustments that enable a covered                       genetic services provided as part of a                is proposing to approve the submittal as
                                                entity’s employee with a disability to                  wellness program) offered by the                      meeting the requirement that each SIP
                                                enjoy equal benefits and privileges of                  employer in compliance with paragraph                 contain adequate provisions to prohibit
                                                employment as are enjoyed by its other                  (b)(2) of this section.                               emissions that will contribute
                                                similarly situated employees without                    *     *      *     *      *                           significantly to nonattainment or
                                                disabilities’’ unless ‘‘such covered entity             ■ 3. In § 1635.11, revise paragraphs                  interfere with maintenance of the 2008
                                                can demonstrate that the                                (b)(1)(iii) and (iv) to read as follows:              ozone National Ambient Air Quality
                                                accommodation would impose an                                                                                 Standard (NAAQS) in any other state.
                                                undue hardship on the operation of its                  § 1635.11    Construction.
                                                                                                                                                              DATES: Written comments must be
                                                business.’’ 29 CFR 1630.2(o)(1)(iii); 29                *      *     *    *     *                             received on or before November 30,
                                                CFR 1630.9(a). In addition, if the                        (b) * * *                                           2015.
                                                employer’s wellness program provides                      (1) * * *
                                                                                                          (iii) Section 702(a)(1)(F) of ERISA (29             ADDRESSES: Submit your comments,
                                                (directly, through reimbursement, or
                                                                                                        U.S.C. 1182(a)(1)(F)), section 2705(a)(6)             identified by Docket ID No. EPA–R10–
                                                otherwise) medical care (including
                                                                                                        of the Public Health Service Act                      OAR–2015–0258, by any of the
                                                genetic counseling), the program may
                                                                                                        (PHSA), as amended by section 1201 of                 following methods:
                                                constitute a group health plan and must                                                                          • http://www.regulations.gov: Follow
                                                comply with the special requirements                    the Affordable Care Act and section
                                                                                                        9802(a)(1)(F) of the Internal Revenue                 the on-line instructions for submitting
                                                for wellness programs that condition                                                                          comments.
                                                rewards on an individual satisfying a                   Code (26 U.S.C. 9802(a)(1)(F)), which
                                                                                                        prohibit a group health plan or a health                 • Email: R10-Public_Comments@
                                                standard related to a health factor,                                                                          epa.gov
                                                including the requirement to provide an                 insurance issuer in the group or
                                                                                                        individual market from discriminating                    • Mail: Kristin Hall, EPA Region 10,
                                                individual with a ‘‘reasonable                                                                                Office of Air, Waste and Toxics (AWT–
                                                alternative (or waiver of the otherwise                 against individuals in eligibility and
                                                                                                        continued eligibility for benefits based              150), 1200 Sixth Avenue, Suite 900,
                                                applicable standard)’’ under HIPAA,                                                                           Seattle, WA 98101
                                                when ‘‘it is unreasonably difficult due                 on genetic information; or
                                                                                                          (iv) Section 702(b)(1) of ERISA (29                    • Hand Delivery/Courier: EPA Region
                                                to a medical condition to satisfy’’ or                                                                        10 9th Floor Mailroom, 1200 Sixth
                                                ‘‘medically inadvisable to attempt to                   U.S.C. 1182(b)(1)), section 2705(b)(1) of
                                                                                                        the PHSA, as amended by section 1201                  Avenue, Suite 900, Seattle, WA 98101.
                                                satisfy’’ the otherwise applicable                                                                            Attention: Kristin Hall, Office of Air,
                                                standard. See section 9802 of the                       of the Affordable Care Act and section
                                                                                                        9802(b)(1) of the Internal Revenue Code               Waste and Toxics, AWT–150. Such
                                                Internal Revenue Code (26 U.S.C. 9802,                                                                        deliveries are only accepted during
                                                26 CFR 54.9802–1 and 54.9802–3T),                       (26 U.S.C. 9802(b)(1)), as such sections
                                                                                                        apply with respect to genetic                         normal hours of operation, and special
                                                section 702 of the Employee Retirement                                                                        arrangements should be made for
                                                Income Security Act of 1974 (ERISA)                     information as a health status-related
                                                                                                        factor, which prohibit a group health                 deliveries of boxed information.
                                                (29 U.S.C. 1182, 29 CFR 2590.702 and                                                                             Instructions: Direct your comments to
                                                2590.702–1), and section 2705 of the                    plan or a health insurance issuer in the
                                                                                                        group or individual market from                       Docket ID No. EPA–R10–OAR–2015–
                                                PHSA (45 CFR 146.121 and 146.122), as                                                                         0258. The EPA’s policy is that all
                                                amended by section 1201 of the                          discriminating against individuals in
                                                                                                        premium or contribution rates under the               comments received will be included in
                                                Affordable Care Act.                                                                                          the public docket without change and
                                                                                                        plan or coverage based on genetic
                                                *      *     *    *      *                                                                                    may be made available online at http://
                                                                                                        information.
                                                   (c) * * *                                                                                                  www.regulations.gov, including any
                                                   (2) A covered entity does not violate                *      *     *    *     *                             personal information provided, unless
                                                                                                        [FR Doc. 2015–27734 Filed 10–29–15; 8:45 am]
                                                this section when, consistent with                                                                            the comment includes information
                                                                                                        BILLING CODE P
                                                paragraph (b)(2) of this section, it                                                                          claimed to be Confidential Business
                                                requests, requires, or purchases genetic                                                                      Information (CBI) or other information
                                                information or information about the                                                                          whose disclosure is restricted by statute.
                                                manifestation of a disease, disorder, or                ENVIRONMENTAL PROTECTION                              Do not submit information that you
                                                pathological condition of an                            AGENCY                                                consider to be CBI or otherwise
                                                individual’s family member who is                                                                             protected through http://
                                                                                                        40 CFR Part 52
                                                receiving health or genetic services on a                                                                     www.regulations.gov or email. The
                                                voluntary basis. For example, an                        [EPA–R10–OAR–2015–0258; FRL–9936–31–                  http://www.regulations.gov Web site is
                                                employer does not unlawfully acquire                    Region 10]                                            an ‘‘anonymous access’’ system, which
                                                genetic information about an employee                                                                         means the EPA will not know your
                                                when it asks the employee’s family                      Approval and Promulgation of                          identity or contact information unless
                                                member who is receiving health services                 Implementation Plans; Idaho:                          you provide it in the body of your
                                                                                                        Interstate Transport of Ozone
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                from the employer if her diabetes is                                                                          comment. If you send an email
                                                under control. Nor does an employer                     AGENCY:  Environmental Protection                     comment directly to the EPA without
                                                unlawfully acquire genetic information                  Agency.                                               going through http://
                                                about an employee when it seeks                         ACTION: Proposed rule.                                www.regulations.gov your email address
                                                information—through a medical                                                                                 will be automatically captured and
                                                questionnaire, a medical examination,                   SUMMARY:   The Clean Air Act (CAA)                    included as part of the comment that is
                                                or both—about the current or past                       requires each State Implementation Plan               placed in the public docket and made
                                                health status of the employee’s family                  (SIP) to contain adequate provisions                  available on the Internet. If you submit


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                                                                        Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Proposed Rules                                               66863

                                                an electronic comment, the EPA                          elements require that each SIP for a new              upwind states. In response to
                                                recommends that you include your                        or revised standard contain adequate                  commenters who advocated a higher or
                                                name and other contact information in                   provisions to prohibit any source or                  lower threshold than one percent, the
                                                the body of your comment and with any                   other type of emissions activity within               EPA compiled the contribution
                                                disk or CD–ROM you submit. If the EPA                   the state from emitting air pollutants                modeling results for CSAPR to analyze
                                                cannot read your comment due to                         that will ‘‘contribute significantly to               the impact of different possible
                                                technical difficulties and cannot contact               nonattainment’’ or ‘‘interfere with                   thresholds for the eastern United States.
                                                you for clarification, the EPA may not                  maintenance’’ of the applicable air                   The EPA’s analysis showed that the one-
                                                be able to consider your comment.                       quality standard in any other state. We               percent threshold captures a high
                                                Electronic files should avoid the use of                note that the EPA has addressed the                   percentage of the total pollution
                                                special characters, any form of                         interstate transport requirements of                  transport affecting downwind states,
                                                encryption, and be free of any defects or               CAA section 110(a)(2)(D)(i)(I) for the                while the use of higher thresholds
                                                viruses.                                                eastern portion of the United States in               would exclude increasingly larger
                                                   Docket: All documents in the docket                  several past regulatory actions.1 We                  percentages of total transport. For
                                                are listed in the http://                               most recently promulgated the Cross-                  example, at a five percent threshold, the
                                                www.regulations.gov index. Although                     State Air Pollution Rule (CSAPR),                     majority of interstate pollution transport
                                                listed in the index, some information is                which addressed CAA section                           affecting downwind receptors would be
                                                not publicly available, e.g., CBI or other              110(a)(2)(D)(i)(I) in the eastern portion             excluded.5 In addition, the EPA
                                                information the disclosure of which is                  of the United States.2 CSAPR addressed                determined that it was important to use
                                                restricted by statute. Certain other                    multiple national ambient air quality                 a relatively lower one-percent threshold
                                                material, such as copyrighted material,                 standards, but did not address the 2008               because there are adverse health
                                                is not placed on the Internet and will be               8-hour ozone standard.3                               impacts associated with ambient ozone
                                                publicly available only in hard copy.                      In CSAPR, the EPA used detailed air                even at low levels.6 The EPA also
                                                Publicly available docket materials are                 quality analyses to determine whether                 determined that a lower threshold such
                                                available either electronically in http://              an eastern state’s contribution to                    as 0.5 percent would result in modest
                                                www.regulations.gov or in hard copy                     downwind air quality problems was at                  increases in the overall percentages of
                                                during normal business hours at the                     or above specific thresholds. If a state’s            fine particulate matter and ozone
                                                Office of Air, Waste and Toxics, EPA                    contribution did not exceed the                       pollution transport captured relative to
                                                Region 10, 1200 Sixth Avenue, Seattle,                  specified air quality screening                       the amounts captured at the one-percent
                                                WA 98101.                                               threshold, the state was not considered               level. The EPA determined that a ‘‘0.5
                                                FOR FURTHER INFORMATION CONTACT:                        ‘‘linked’’ to identified downwind                     percent threshold could lead to
                                                Kristin Hall at (206) 553–6357,                         nonattainment and maintenance                         emission reduction responsibilities in
                                                hall.kristin@epa.gov, or the above EPA,                 receptors and was therefore not                       additional states that individually have
                                                Region 10 address.                                      considered to significantly contribute to             a very small impact on those receptors—
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        or interfere with maintenance of the                  an indicator that emission controls in
                                                Throughout this document wherever                       standard in those downwind areas. If a                those states are likely to have a smaller
                                                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is               state exceeded that threshold, the state’s            air quality impact at the downwind
                                                intended to refer to the EPA.                           emissions were further evaluated, taking              receptor. We are not convinced that
                                                Information is organized as follows:                    into account both air quality and cost                selecting a threshold below one percent
                                                                                                        considerations, to determine what, if                 is necessary or desirable.’’ 7
                                                Table of Contents                                       any, emissions reductions might be                       In the final CSAPR, the EPA
                                                I. Background                                           necessary. For the reasons stated below,              determined that one percent was a
                                                II. State Submittal                                     we believe it is appropriate to use the               reasonable choice considering the
                                                III. EPA Evaluation                                     same approach we used in CSAPR to                     combined downwind impact of multiple
                                                IV. Proposed Action                                     establish an air quality screening                    upwind states in the eastern United
                                                V. Statutory and Executive Order Reviews                threshold for the evaluation of interstate            States, the health effects of low levels of
                                                I. Background                                           transport requirements for the 2008                   fine particulate matter and ozone
                                                                                                        ozone standard.                                       pollution, and the EPA’s previous use of
                                                   On March 12, 2008, the EPA revised                      In CSAPR, the EPA proposed an air                  a one-percent threshold in CAIR. The
                                                the levels of the primary and secondary                 quality screening threshold of one                    EPA used a single ‘‘bright line’’ air
                                                8-hour ozone standards from 0.08 parts                  percent of the applicable NAAQS and                   quality threshold equal to one percent of
                                                per million (ppm) to 0.075 ppm (73 FR                   requested comment on whether one                      the 1997 8-hour ozone standard, or 0.08
                                                16436). The CAA requires states to                      percent was appropriate.4 The EPA                     ppm.8 The projected contribution from
                                                submit, within three years after                        evaluated the comments received and                   each state was averaged over multiple
                                                promulgation of a new or revised                        ultimately determined that one percent                days with projected high modeled
                                                standard, SIPs meeting the applicable                   was an appropriately low threshold                    ozone, and then compared to the one-
                                                ‘‘infrastructure’’ elements of sections                 because there were important, even if                 percent threshold. We concluded that
                                                110(a)(1) and (2). One of these                         relatively small, contributions to                    this approach for setting and applying
                                                applicable infrastructure elements, CAA                 identified nonattainment and                          the air quality threshold for ozone was
                                                section 110(a)(2)(D)(i), requires SIPs to               maintenance receptors from multiple                   appropriate because it provided a robust
                                                contain ‘‘good neighbor’’ provisions to                                                                       metric, was consistent with the
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                                                prohibit certain adverse air quality                       1 NO SIP Call, 63 FR 57371 (October 27, 1998);
                                                                                                                X
                                                                                                                                                              approach for fine particulate matter
                                                effects on neighboring states due to                    Clean Air Interstate Rule (CAIR), 70 FR 25172 (May
                                                interstate transport of pollution. There                12, 2005); Cross-State Air Pollution Rule (CSAPR),      5 See also Air Quality Modeling Final Rule

                                                are four sub-elements within CAA                        76 FR 48208 (August 8, 2011).                         Technical Support Document, Appendix F;
                                                                                                           2 76 FR 48208.                                     Analysis of Contribution Thresholds.
                                                section 110(a)(2)(D)(i). This action                       3 CSAPR addressed the 1997 8-hour ozone, and         6 CSAPR, 76 FR 48208, 48236–37 (August 8,
                                                addresses the first two sub-elements of                 the 1997 and 2006 fine particulate matter NAAQS.      2011).
                                                the good neighbor provisions, at CAA                       4 CSAPR proposal, 75 FR 45210, 45237 (August         7 Id.

                                                section 110(a)(2)(D)(i)(I). These sub-                  2, 2010).                                               8 Id.




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                                                66864                   Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Proposed Rules

                                                used in CSAPR, and because it took into                 that require new sources and                          SIP submittal with respect to the 2008
                                                account, and would be applicable to,                    modifications to protect the ambient air              8-hour ozone standard, the EPA is
                                                any future ozone standards below 0.08                   quality standards, including the 2008                 proposing that states whose
                                                ppm.9                                                   ozone NAAQS. With respect to existing                 contributions are less than one percent
                                                                                                        sources, the Idaho submittal stated that              to downwind nonattainment and
                                                II. State Submittal
                                                                                                        stationary source operating rules in the              maintenance receptors are considered
                                                   CAA sections 110(a)(1) and (2) and                   Idaho SIP require an owner or operator                non-significant. The modeling indicates
                                                section 110(l) require that revisions to a              to demonstrate that the source does not               that Idaho’s largest contribution to any
                                                SIP be adopted by the State after                       cause or contribute to a violation of any             projected downwind nonattainment site
                                                reasonable notice and public hearing.                   ambient air quality standard.                         is 0.23 ppb and Idaho’s largest
                                                The EPA has promulgated specific                                                                              contribution to any projected downwind
                                                procedural requirements for SIP                         III. EPA Evaluation
                                                                                                                                                              maintenance-only site is 0.35 ppb.11
                                                revisions in 40 CFR part 51, subpart F.                    On August 4, 2015, the EPA issued a                These values are below the one percent
                                                These requirements include publication                  Notice of Data Availability (NODA)                    screening threshold of 0.75 ppb, and
                                                of notices by prominent advertisement                   containing air quality modeling data                  therefore there are no identified linkages
                                                in the relevant geographic area, a public               that applies the CSAPR approach to                    between Idaho and 2017 downwind
                                                comment period of at least 30 days, and                 contribution projections for the year                 projected nonattainment and
                                                an opportunity for a public hearing.                    2017 for the 2008 8-hour ozone                        maintenance sites. Note that the EPA
                                                   On June 28, 2010, Idaho submitted a                  NAAQS.10 The moderate area                            has not done an assessment to
                                                SIP to address the interstate transport                 attainment date for the 2008 ozone                    determine the applicability for the use
                                                requirements of CAA section                             standard is July 11, 2018. In order to                of the one percent screening threshold
                                                110(a)(2)(D)(i)(I) for the ozone NAAQS.                 demonstrate attainment by this                        for western states that contribute above
                                                The Idaho submittal included                            attainment deadline, states will use                  the one percent threshold. There may be
                                                documentation of a public comment                       2015 through 2017 ambient ozone data.                 additional considerations that may
                                                period from May 11, 2010 through June                   Therefore, 2017 is an appropriate future              impact regulatory decisions regarding
                                                10, 2010, and opportunity for public                    year to model for the purpose of                      ‘‘potential’’ linkages in the west
                                                hearing. We find that the process                       examining interstate transport for the                identified by the modeling.
                                                followed by Idaho in adopting the                       2008 ozone NAAQS. The EPA used
                                                submittal complies with the procedural                  photochemical air quality modeling to                 IV. Proposed Action
                                                requirements for SIP revisions under                    project ozone concentrations at air                      As discussed in Section II, Idaho
                                                CAA section 110 and the EPA’s                           quality monitoring sites to 2017 and                  concluded based on its own technical
                                                implementing regulations.                               estimated state-by-state ozone                        analysis that emissions from the State
                                                   With respect to the requirements in                  contributions to those 2017                           do not significantly contribute to
                                                CAA section 110(a)(2)(D)(i)(I), the Idaho               concentrations. This modeling used the                nonattainment or interfere with
                                                submittal referred to applicable rules in               Comprehensive Air Quality Model with                  maintenance of the 2008 ozone standard
                                                the Idaho SIP, meteorological and                       Extensions (CAMx version 6.11) to                     in any other state. The EPA’s modeling,
                                                technical characteristics of areas with                 model the 2011 base year, and the 2017                discussed in Section III, confirms this
                                                ozone nonattainment problems in                         future base case emissions scenarios to               finding. Based on the modeling data and
                                                surrounding states, data on nitrogen                    identify projected nonattainment and                  the information and analysis provided
                                                oxides (NOX) and volatile organic                       maintenance sites with respect to the                 in Idaho’s June 28, 2010 submittal, we
                                                compound (VOC) emissions from Idaho                     2008 ozone NAAQS in 2017. The EPA                     are proposing to approve the submittal
                                                sources, satellite monitoring data, and                 used nationwide state-level ozone                     for purposes of meeting the CAA section
                                                the impacts of terrain and prevailing                   source apportionment modeling (CAMx                   110(a)(2)(D)(i)(I) requirements for the
                                                wind direction on the potential for                     Ozone Source Apportionment                            2008 ozone standard. The EPA’s
                                                transport of ozone precursors. The Idaho                Technology/Anthropogenic Precursor                    modeling confirms the results of the
                                                submittal concluded that given the                      Culpability Analysis technique) to                    State’s analysis: Idaho does not
                                                relatively low amount of NOX emitted                    quantify the contribution of 2017 base                significantly contribute to
                                                by Idaho sources, the general lack of                   case NOX and volatile VOC emissions                   nonattainment or interfere with
                                                substantial concentrations of VOCs in                   from all sources in each state to the                 maintenance of the 2008 ozone standard
                                                areas surrounding Idaho, the impacts of                 2017 projected receptors. The air quality             in any other state.
                                                significant terrain features on the                     model runs were performed for a
                                                movement of pollutants, and technical                   modeling domain that covers the 48                    V. Statutory and Executive Order
                                                information on the two areas in states                  contiguous United States and adjacent                 Reviews
                                                bordering Idaho that are having ozone                   portions of Canada and Mexico. The                      Under the CAA, the Administrator is
                                                attainment and maintenance problems                     NODA and the supporting technical                     required to approve a SIP submission
                                                (Upper Green River Basin, Wyoming                       documents have been included in the                   that complies with the provisions of the
                                                and Clark County, Nevada), it is                        docket for this action.                               CAA and applicable Federal regulations.
                                                reasonable to conclude that emissions of                   The modeling data released in the                  42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                ozone precursors from Idaho sources                     NODA on July 23, 2015, is the most up-                Thus, in reviewing SIP submissions, the
                                                will not significantly contribute to                    to-date information the EPA has                       EPA’s role is to approve state choices,
                                                nonattainment or interfere with                         developed to inform our analysis of                   provided that they meet the criteria of
                                                                                                        upwind state linkages to downwind air
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                                                maintenance of the 2008 ozone NAAQS                                                                           the CAA. Accordingly, this action
                                                in any other state.                                     quality problems. For purposes of                     merely proposes to approve state law as
                                                   The Idaho submittal provided further                 evaluating Idaho’s interstate transport               meeting Federal requirements and does
                                                information to support this conclusion                                                                        not impose additional requirements
                                                                                                          10 See 80 FR 46271 (August 4, 2015) (Notice of
                                                by citing major source permitting                                                                             beyond those imposed by state law. For
                                                                                                        Availability of the Environmental Protection
                                                regulations approved into the Idaho SIP                 Agency’s Updated Ozone Transport Modeling Data
                                                                                                                                                              that reason, this action:
                                                                                                        for the 2008 Ozone National Ambient Air Quality
                                                  9 Id.                                                 Standard (NAAQS)).                                      11 80   FR 46271 at page 46276, Table 3.



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                                                                        Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Proposed Rules                                              66865

                                                   • Is not a ‘‘significant regulatory                  Order 13132 (64 FR 43255, August 10,                  or in any other area where the EPA or
                                                action’’ subject to review by the Office                1999);                                                an Indian tribe has demonstrated that a
                                                of Management and Budget under                             • Is not an economically significant               tribe has jurisdiction. In those areas of
                                                Executive Order 12866 (58 FR 51735,                     regulatory action based on health or                  Indian country, the rule does not have
                                                October 4, 1993) and 13563 (76 FR 3821,                 safety risks subject to Executive Order               tribal implications as specified by
                                                January 21, 2011);                                      13045 (62 FR 19885, April 23, 1997);                  Executive Order 13175 (65 FR 67249,
                                                                                                           • Is not a significant regulatory action           November 9, 2000), nor will it impose
                                                   • Does not impose an information                     subject to Executive Order 13211 (66 FR
                                                collection burden under the provisions                                                                        substantial direct costs on tribal
                                                                                                        28355, May 22, 2001);                                 governments or preempt tribal law.
                                                of the Paperwork Reduction Act (44                         • Is not subject to requirements of
                                                U.S.C. 3501 et seq.);                                   Section 12(d) of the National                         List of Subjects in 40 CFR Part 52
                                                   • Is certified as not having a                       Technology Transfer and Advancement
                                                                                                        Act of 1995 (15 U.S.C. 272 note) because                Environmental protection, Air
                                                significant economic impact on a
                                                                                                        it does not involve technical standards;              pollution control, Incorporation by
                                                substantial number of small entities
                                                                                                        and                                                   reference, Intergovernmental relations,
                                                under the Regulatory Flexibility Act (5
                                                                                                           • Does not provide the EPA with the                Ozone, Reporting and recordkeeping
                                                U.S.C. 601 et seq.);
                                                                                                        discretionary authority to address, as                requirements.
                                                   • Does not contain any unfunded                      appropriate, disproportionate human                     Authority: 42 U.S.C. 7401 et seq.
                                                mandate or significantly or uniquely                    health or environmental effects, using
                                                affect small governments, as described                                                                          Dated: October 15, 2015.
                                                                                                        practicable and legally permissible
                                                in the Unfunded Mandates Reform Act                     methods, under Executive Order 12898
                                                                                                                                                              Dennis J. McLerran,
                                                of 1995 (Pub. L. 104–4);                                (59 FR 7629, February 16, 1994).                      Regional Administrator, Region 10.
                                                   • Does not have Federalism                              In addition, the SIP is not approved               [FR Doc. 2015–27594 Filed 10–29–15; 8:45 am]
                                                implications as specified in Executive                  to apply on any Indian reservation land               BILLING CODE 6560–50–P
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Document Created: 2015-12-14 15:29:54
Document Modified: 2015-12-14 15:29:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before November 30, 2015.
ContactKristin Hall at (206) 553-6357,
FR Citation80 FR 66862 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Reporting and Recordkeeping Requirements

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