81_FR_74949 81 FR 74741 - Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM2.5

81 FR 74741 - Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 208 (October 27, 2016)

Page Range74741-74750
FR Document2016-26016

Franklin County, Idaho is a rural and sparsely populated county adjacent to Cache County, Utah. In 2009, the Environmental Protection Agency (EPA) designated Cache County, along with Franklin County, as part of the multi-state Logan, Utah-Idaho fine particulate matter (PM<INF>2.5</INF>) nonattainment area (Logan UT-ID). On December 14, 2012, the Idaho Department of Environmental Quality (IDEQ) submitted a State Implementation Plan (2012 SIP submittal) to address attainment planning requirements for the Idaho portion of the Logan UT-ID nonattainment area. On December 24, 2014, the IDEQ submitted a supplement to the 2012 SIP submission that included additional analysis (2014 amendment). The EPA has evaluated the 2012 SIP submittal and 2014 amendment to determine whether the submissions meet the applicable Clean Air Act (CAA) requirements. Based on this evaluation, the EPA is proposing to approve certain provisions and disapprove other provisions of the 2012 SIP submittal and 2014 amendment.

Federal Register, Volume 81 Issue 208 (Thursday, October 27, 2016)
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Proposed Rules]
[Pages 74741-74750]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26016]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0067; FRL-9954-56-Region 10]


Partial Approval and Partial Disapproval of Attainment Plan for 
the Idaho Portion of the Logan, Utah/Idaho PM2.5 Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Franklin County, Idaho is a rural and sparsely populated 
county adjacent to Cache County, Utah. In 2009, the Environmental 
Protection Agency (EPA) designated Cache County, along with Franklin 
County, as part of the multi-state Logan, Utah-Idaho fine

[[Page 74742]]

particulate matter (PM2.5) nonattainment area (Logan UT-ID). 
On December 14, 2012, the Idaho Department of Environmental Quality 
(IDEQ) submitted a State Implementation Plan (2012 SIP submittal) to 
address attainment planning requirements for the Idaho portion of the 
Logan UT-ID nonattainment area. On December 24, 2014, the IDEQ 
submitted a supplement to the 2012 SIP submission that included 
additional analysis (2014 amendment). The EPA has evaluated the 2012 
SIP submittal and 2014 amendment to determine whether the submissions 
meet the applicable Clean Air Act (CAA) requirements. Based on this 
evaluation, the EPA is proposing to approve certain provisions and 
disapprove other provisions of the 2012 SIP submittal and 2014 
amendment.

DATES: Written comments must be received on or before November 28, 
2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0067 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office 
of Air and Waste (AWT-150), Environmental Protection Agency, Region 10, 
1200 Sixth Ave, Suite 900, Seattle, WA 98101; telephone number: (206) 
553-0256; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. Background for the EPA's Proposed Action
    A. History of the PM2.5 Standard
    B. Effect of the January 4, 2013 D.C. Circuit Decision Regarding 
PM2.5 Implementation Under Subpart 4
    C. CAA PM2.5 Nonattainment Area Requirements
II. Analysis of Idaho's Submittals
    Previously Approved Attainment Plan Elements
    A. Classifications
    B. Emissions Inventory
    C. Control Measures
    Attainment Plan Elements Proposed for Approval and Disapproval
    D. Attainment Date
    E. Attainment Demonstration and Modeling
    F. Characterization of Franklin County Air Shed
    G. Reasonably Available Control Measures/Reasonably Available 
Control Technology (RACM/RACT)
    H. Contingency Measures
    I. Reasonable Further Progress (RFP) and Quantitative Milestones
    Additional Elements
    J. Conformity Requirements
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background for the EPA's Proposed Action

A. History of the PM2.5 Standard

    On July 18, 1997, the EPA established the 1997 PM2.5 
National Ambient Air Quality Standards (NAAQS), including an annual 
standard of 15.0 [micro]g/m\3\ based on a 3-year average of annual mean 
PM2.5 concentrations, and a 24-hour (or daily) standard of 
65 [micro]g/m\3\ based on a 3-year average of the 98th percentile of 
24-hour concentrations (62 FR 38652). The EPA established the 1997 
PM2.5 NAAQS based on significant evidence and numerous 
health studies demonstrating the serious health effects associated with 
exposures to PM2.5. To provide guidance on the CAA 
requirements for state and tribal implementation plans to implement the 
1997 PM2.5 NAAQS, the EPA promulgated the ``Final Clean Air 
Fine Particle Implementation Rule'' (72 FR 20586, April 25, 2007) 
(hereinafter, the ``2007 PM2.5 Implementation Rule'').
    On October 17, 2006, the EPA strengthened the 24-hour 
PM2.5 NAAQS to 35 [micro]g/m\3\ and retained the level of 
the annual PM2.5 standard at 15.0 [micro]g/m\3\ (71 FR 
61144). Following promulgation of a new or revised NAAQS, the EPA is 
required by the CAA to promulgate designations for areas throughout the 
United States; this designation process is described in section 
107(d)(1) of the CAA. On November 13, 2009, the EPA designated areas as 
either attainment/unclassifiable or nonattainment with respect to the 
revised 2006 24-hour PM2.5 NAAQS (74 FR 58688). In that 
November 2009 action, the EPA designated Franklin County, Idaho, as 
part of the cross-state Logan UT-ID nonattainment for the 2006 24-hour 
PM2.5 NAAQS, requiring Idaho to prepare and submit an 
attainment plan to meet the revised 24-hour PM2.5 NAAQS. The 
EPA included Franklin County in the nonattainment area due to Idaho 
emission sources, particularly motor vehicle commuter patterns, 
contributing to violations of the 24-hour PM2.5 NAAQS 
recorded at the Logan, Cache County, Utah monitor, based on 2006 to 
2008 ambient air quality data.
    On March 2, 2012, the EPA issued ``Implementation Guidance for the 
2006 24-Hour Fine Particulate (PM2.5) National Ambient Air 
Quality Standards (NAAQS)'' to provide guidance on the development of 
SIPs to demonstrate attainment with the revised 24-hour standard (March 
2012 Implementation Guidance). The March 2012 Implementation Guidance 
explained that the overall framework and policy approach of the 2007 
PM2.5 Implementation Rule provided effective and appropriate 
guidance on statutory requirements for the development of SIPs to 
attain the 2006 24-hour PM2.5 NAAQS. Accordingly, the March 
2012 Implementation Guidance instructed states to rely on the 2007 
PM2.5 Implementation Rule in developing SIPs to demonstrate 
attainment with the 2006 24-hour PM2.5 NAAQS.

B. Effect of the January 4, 2013 D.C. Circuit Court Decision Regarding 
PM2.5 Implementation Under Subpart 4

    On January 4, 2013, the D.C. Circuit Court issued a decision in 
NRDC v. EPA, 706 F.3d 428, holding that the EPA erred in implementing 
the 1997 PM2.5 NAAQS pursuant only to the general 
implementation requirements of subpart 1, part D of title I of the CAA, 
rather pursuant to the implementation requirements specific to 
particulate matter (PM10) in subpart 4, part D of title I of 
the CAA (``subpart 4''). The court reasoned that the plain meaning of 
the CAA requires implementation of the 1997 p.m.2.5 NAAQS under subpart 
4 because PM2.5 particles fall within the statutory 
definition of PM10 and thus implementation of the 
PM2.5 NAAQS is subject to the same statutory requirements as 
the PM10 NAAQS. The Court did not vacate the 2007 
PM2.5 Implementation Rule but remanded the rule with 
instructions for the EPA to promulgate new implementation regulations 
for the PM2.5 NAAQS in accordance with the requirements of 
subpart 4. On June 6, 2013, consistent with the Court's remand 
decision, the

[[Page 74743]]

EPA withdrew its March 2012 Implementation Guidance which relied on the 
2007 PM2.5 Implementation Rule to provide guidance for the 
2006 24-hour PM2.5 NAAQS.
    Prior to the January 4, 2013 Court decision, states had worked 
towards meeting the air quality goals of the 2006 PM2.5 
NAAQS in accordance with the EPA regulations and guidance derived from 
subpart 1 of Part D of Title I of the CAA. The EPA considered this 
history in issuing the PM2.5 Subpart 4 Nonattainment 
Classification and Deadline Rule (2014 Classification and Deadline 
Rule) (79 FR 31566, June 2, 2014) that identified the initial 
classification under subpart 4 for areas currently designated 
nonattainment for the 1997 and/or 2006 PM2.5 standards as 
Moderate. The final rule also established December 31, 2014 as the 
deadline for the states to submit any additional SIP elements related 
to attainment. On December 24, 2014, the IDEQ supplemented the 2012 SIP 
submission to address the Court's decision.

C. CAA PM2.5 Moderate Area Nonattainment Requirements

    With respect to the requirements for attainment plans, the EPA 
notes that the general nonattainment area planning requirements are 
found in subpart 1, and the Moderate area planning requirements for 
particulate matter are found in subpart 4. The EPA has a longstanding 
general guidance document that interprets the 1990 amendments to the 
CAA commonly referred to as the ``General Preamble'' (57 FR 13498, 
April 16, 1992). The General Preamble addresses the relationship 
between subpart 1 and subpart 4 requirements and provides 
recommendations to states for meeting statutory requirements for 
particulate matter nonattainment planning. Specifically, the General 
Preamble explains that requirements applicable to Moderate area 
nonattainment SIPs are set forth in subpart 4, but such SIPs must also 
meet the general nonattainment planning provisions in subpart 1, to the 
extent these provisions ``are not otherwise subsumed by, or integrally 
related to,'' the more specific subpart 4 requirements (57 FR 13538). 
In addition, on August 24, 2016, the EPA issued a final rule 
establishing requirements applicable to nonattainment areas for current 
and future PM2.5 NAAQS in response to the vacatur of the 
2007 implementation rule. Fine Particulate Matter National Ambient Air 
Quality Standards: State Implementation Plan Requirements, 81 FR 58010 
(August 24, 2016). While that rule is not effective until October 24, 
2016, the EPA considered the guidance contained in the final rule when 
evaluating the SIP submission at issue.
    The requirements of subpart 1 for attainment plans include: (i) The 
section 172(c)(1) requirements for reasonably available control 
measures (RACM), reasonably available control technology (RACT) and 
attainment demonstrations; (ii) the section 172(c)(2) requirement to 
demonstrate reasonable further progress (RFP); (iii) the section 
172(c)(3) requirement for emissions inventories; (iv) the section 
172(c)(5) requirements for a nonattainment new source review (NSR) 
permitting program; and (v) the section 172(c)(9) requirement for 
contingency measures.
    Several subpart 4 requirements for Moderate areas are comparable 
with subpart 1 requirements and include: (i) The section 189(a)(1)(A) 
NSR permit program requirements; (ii) the section 189(a)(1)(B) 
requirements for an attainment demonstration; (iii) the section 
189(a)(1)(C) requirements for RACM; and (iv) the section 189(c) 
requirements for RFP and quantitative milestones. In addition, under 
subpart 4 the Moderate area attainment date is no later than the end of 
the 6th calendar year after designation.
    The EPA has evaluated the 2012 SIP submittal and 2014 amendment to 
determine whether they meet the applicable Clean Air Act (CAA) 
requirements. Based on this evaluation, the EPA is proposing to approve 
certain provisions and disapprove other provisions of the 2012 SIP 
submittal and 2014 amendment.

II. Analysis of Idaho's Submittals

    The attainment plan elements that the IDEQ submitted for Franklin 
County included base year and attainment year emissions inventories 
that addressed direct particulate matter emissions and all particulate 
matter precursors, an analysis of RACM and RACT, contingency measures, 
and reasonable further progress addressed through the attainment 
demonstration. The attainment plan's strategy for controlling direct 
and precursor PM2.5 emissions relied primarily on a 
mandatory episodic woodstove curtailment program, the change-out of 
uncertified woodstoves, revised road sanding practices, and expected 
direct PM2.5 and PM2.5 precursor reductions from 
the Tier 2 Federal Motor Vehicle Emission Requirements (65 FR 6698, 
February 10, 2000).

Previously Approved Attainment Plan Elements

A. Classifications
    The applicable attainment planning requirements under subpart 4 
(section 189(a) and (b)) depend on whether the nonattainment area is 
classified as Moderate or Serious. In response to the Court's decision 
in NRDC v. EPA, the EPA finalized on June 2, 2014, initial 
classifications of all current 1997 and 2006 PM2.5 
nonattainment areas as Moderate (79 FR 31566). Thus, the IDEQ's 2012 
SIP submittal and the 2014 amendment for Franklin County is evaluated 
pursuant to the Moderate area requirements of subpart 4.
B. Emissions Inventory
    On May 14, 2014, we proposed approval of the baseline emissions 
inventory included as part of Idaho's 2012 submittal (79 FR 27543). The 
emissions inventory covered direct PM2.5 and precursors to 
the formation of PM2.5 (nitrogen oxides (NOX), 
volatile organic compounds (VOCs), ammonia (NH3), and sulfur 
dioxide (SO2)) to meet the comprehensive emissions inventory 
requirement of CAA section 172(c) for the 2006 24-hour PM2.5 
NAAQS. We received no comments on our proposed rulemaking and finalized 
our approval on July 18, 2014 (79 FR 41904). We are not taking comments 
on the inventory as part of this action.
C. Control Measures
    The December 14, 2012 attainment plan submitted by the IDEQ 
included permanent and enforceable Franklin County, City of Clifton, 
City of Dayton, Franklin City, City of Oxford, City of Preston, and 
City of Weston ordinances implementing the mandatory woodstove 
curtailment and burn ban programs. The IDEQ's Air Quality Index (AQI) 
program supports the local jurisdictions by instituting mandatory burn 
bans for uncertified woodstoves when PM2.5 concentration 
levels are at or forecasted to reach 25.4 [micro]g/m\3\. Each of the 
adopted ordinances ban open burning of any kind during burn ban days, 
ban the sale or installation of non-EPA certified devices in new or 
existing buildings, and prohibit the construction of any building for 
which a solid fuel burning device is the sole source of heat. On March 
25, 2014, the EPA approved the ordinances submitted in the attainment 
plan because they provided important PM2.5 reductions in the 
nonattainment area and strengthened the Idaho SIP (79 FR 16201). By 
including these measures in the SIP, the State has made them permanent 
and enforceable. With the EPA's approval of these control

[[Page 74744]]

measures on March 25, 2014, the measures have become federally 
enforceable. The EPA already provided notice and comment on the 
proposed approval of these ordinances into the SIP on December 26, 2013 
(78 FR 78315), and we are not taking comment on those provisions.
    In our March 25, 2014 action, the EPA also approved road sanding 
agreements between the IDEQ, Franklin County Road and Bridge, and the 
Idaho Transportation Department to reduce the contribution of primary 
PM2.5 from reentrained dust on paved roads. Although the 
road sanding agreements were expected to reduce emissions of 
PM2.5, we determined that the agreements were not directly 
enforceable. However, the road sanding agreements are similar to 
agreements previously approved by the EPA as voluntary measures in the 
Idaho SIP (70 FR 29247), and consistently implemented by the relevant 
state and county governments.\1\ Accordingly, the EPA approved the road 
sanding agreements as voluntary measures in accordance with existing 
guidance.\2\ Lastly, in the 2012 SIP submittal and 2014 amendment, the 
IDEQ also quantified the emission reduction benefits from three 
woodstove change-out programs conducted in 2006-2007, 2011-2012, and 
2013-2014 that replaced a total of 212 units, with annual estimated 
emissions reductions of 8.04 tons per year (tpy) PM2.5, 0.47 
tpy NOX, and 18.57 tpy VOC. Further details on these control 
measures can be found in the docket for this action as well as in the 
proposed and final Federal Register notices approving these measures 
(78 FR 78315 and 79 FR 16201). The EPA is not taking comment on these 
approved actions.
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    \1\ In a letter dated February 26, 2016, included in the docket 
for this action, the IDEQ included an update on the continued 
implementation of the road sanding agreement with Franklin County 
Road and Bridge.
    \2\ Incorporating Emerging and Voluntary Measures in a State 
Implementation Plan (Sept. 2004).
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Attainment Plan Elements Proposed for Approval and Disapproval

D. Attainment Date
    The CAA requirements of subpart 4 include a demonstration that a 
nonattainment area will meet applicable NAAQS within the timeframe 
provided in the statute (section 189(a)(1)(B)). For the 2006 
PM2.5 24-hour NAAQS, an attainment plan must show that a 
Moderate nonattainment area will attain the standard as expeditiously 
as practicable but no later than the end of the sixth calendar year 
after the area's designation, which in the case of Franklin County was 
December 31, 2015.
E. Attainment Demonstration and Modeling
    Section 189(a)(1)(B) requires that a Moderate area nonattainment 
plan contain either a demonstration that the plan will provide for 
attainment by the applicable attainment date, or a demonstration that 
attainment by such date is impracticable. Due to the multi-state nature 
of the shared Logan UT-ID air shed and the location of the violating 
monitor in Logan, Utah, the Utah Department of Air Quality (UDAQ) 
conducted the attainment demonstration for the entire nonattainment 
area with IDEQ's active participation. This attainment demonstration 
was included in Appendix D of IDEQ's 2012 SIP submittal. In response to 
the EPA's 2014 Classification and Deadline Rule, IDEQ again worked with 
the UDAQ to update the attainment demonstration with new modeling based 
on more recent emission inventory information. This updated modeling, 
cited in the 2014 amendment, demonstrated attainment by the subpart 4 
attainment date of December 31, 2015.
    The EPA is proposing to disapprove the attainment demonstration 
because the area did not, in fact, attain the NAAQS by December 31, 
2015.
F. Characterization of the Franklin County Air Shed
    In evaluating the 2012 SIP submission and 2014 amendment under the 
requirements of subpart 4, control of direct PM2.5 and 
precursors must be considered. According to CAA section 302(g) the term 
``air pollutant'' means any air pollution agent or combination of such 
agents, including any physical, chemical, biological, radioactive 
(including source material, special nuclear material, and by product 
material) substance or matter which is emitted into or otherwise enters 
the ambient air. Such term includes any precursors to the formation of 
any air pollutant, to the extent the Administrator has identified such 
precursor or precursors for the particular purpose for which the term 
``air pollutant'' is used. The provisions of subpart 4 do not define 
the term ``precursor'' for purposes of particulate matter, nor do they 
explicitly require the control of any specifically identified 
precursor. However, the EPA has long recognized the scientific basis 
for concluding that SO2, NOX, VOC, and ammonia 
are precursors to PM10 and to PM2.5 (81 FR 58018-
19).
    The EPA's interpretation of section 189(e) and section 172 
indicates that consideration of all precursors is necessary for 
PM2.5 attainment plans, and RACM/RACT requirements 
explicitly require the evaluation of available control measures for 
direct PM2.5 emissions and precursor emissions from 
stationary, area, and mobile sources in order to attain as 
expeditiously as practicable. Section 189(e) requires the control of 
appropriate precursors from major stationary sources, unless the 
Administrator determines that precursor emissions from such major 
stationary sources do not contribute significantly to nonattainment in 
the area.
    Subpart 4 expressly requires control of precursors from major 
stationary sources where direct PM from major sources is controlled 
unless certain conditions are met; however, other sources of precursors 
may also need to be controlled for the purposes of demonstrating 
attainment as expeditiously as practicable in a given area. Thus, the 
statute requires states with Moderate nonattainment areas to evaluate 
available control measures for all sources of direct PM2.5 
and PM2.5 precursor emissions to determine whether such 
measures are economically and technologically feasible, and to adopt 
all measures that are deemed reasonable and are necessary to 
demonstrate attainment as expeditiously as possible (e.g., all measures 
constituting RACM and RACT controls for sources located in the area). 
The EPA has interpreted subpart 4 to require control of precursors from 
all source categories in a given nonattainment area, unless there is a 
demonstration that controlling a precursor or precursors is not 
necessary for expeditious attainment of the NAAQS in the area.
    As discussed in the EPA's 1992 General Preamble, in the event that 
a state's attainment plan includes controls on major stationary sources 
for PM10 in order to achieve timely attainment in the area, 
section 189(e) requires controls of all PM10 precursors for 
major stationary sources located within the area, unless there is a 
showing that such sources do not contribute significantly to violations 
in the area (57 FR 13541). Thus, the EPA's interpretation of subpart 4 
requirements with respect to precursors in attainment plans for 
PM10 contemplates that states may develop attainment plans 
that regulate only those precursors that contribute significantly to 
nonattainment in the area in question, i.e., states may determine that 
only certain precursors need be regulated for attainment

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purposes. Id.; see also Assoc. of Irritated Residents v. EPA, et al., 
423 F.3d 989 (9th Cir. 2005). The EPA maintains that application of 
this same approach to PM2.5 precursors under subpart 4 is 
appropriate and reasonable (81 FR 58020-22).
    The General Preamble describes the assessment of precursors as 
specific to each nonattainment area, and acknowledges that the 
determination of precursor significance would likely vary based on the 
characteristics of the area-wide nonattainment problem. The General 
Preamble further provides that in making a determination regarding the 
significance of precursors, the EPA will rely on technical information 
presented in the state's submittal, including filter analysis, the 
relative contribution to overall nonattainment, the selected control 
strategies, as well as other relevant factors (57 FR 13541). The recent 
PM2.5 Implementation Rule also discusses the types of 
technical analyses that states may perform to demonstrate the 
significance or insignificance of a particular precursor. (81 FR 58020-
22); 40 CFR 51.1006.
    The IDEQ's 2012 SIP submittal contained a detailed analysis of the 
Logan UT-ID air shed (see Appendix A, Special Air Quality Studies, 
PM2.5 Saturation Studies--Utah State University). This study 
concluded that, ``the Cache Valley (Logan UT-ID) PM2.5 
nonattainment is somewhat uniquely a wintertime problem, when low 
lying, persistent radiation and subsidence inversions set up, trapping 
pollutants in the Valley for extended periods of time, thereby allowing 
photochemically-derived particulate material to become elevated. 
Chemical analysis by researchers at Utah's Division of Air Quality and 
Air Monitoring Center, as well as Utah State University, have shown 
that 50-95% of the PM2.5 collected at the Logan site is 
composed of ammonium nitrate (NH4NO3).'' This 
secondary formation of ammonium nitrate is due in large part to 
NOX and VOC emissions from onroad motor vehicles combining 
with the abundant levels of ammonia from small cattle operations, 
agricultural fields, and natural and constructed wetlands in the 
greater air shed, both within and surrounding the nonattainment area. 
The study concluded that, ``based on measurements at the Logan 
location, the Valley's wintertime formation of ammonium nitrate was 
found to be limited by the availability of nitric acid 
(HNO3). Furthermore, the report stated that the Cache Valley 
was found to be NH3-rich by a factor of approximately two. 
Comparisons of wintertime ambient NH3 concentrations between 
the Valley's urban area (Logan) and a rural location (Amalga), showed 
the rural area averaged [ap]2.5 times the NH3 of the urban 
site.'' As a result of this analysis, all scientific precursors to 
PM2.5, including VOCs and ammonia, were considered as part 
of the 2012 SIP submittal and 2014 amendment.
G. Reasonably Available Control Technology/Reasonably Available Control 
Measures (RACT/RACM)
    The general SIP planning requirements for nonattainment areas under 
subpart 1 include section 172(c)(1), which requires implementation of 
all RACM (including RACT). The CAA section 172(c) indicates that what 
constitutes RACM or RACT is related to what is necessary for attainment 
in a given area, as the provision states that nonattainment plans shall 
provide for attainment of the NAAQS in the area covered by the 
attainment plan.
    The SIP requirements under subpart 4 likewise impose upon states an 
obligation to develop attainment plans that impose RACM and RACT on 
sources within a nonattainment area. Section 189(a)(1)(C) requires that 
states with areas classified as Moderate nonattainment areas must have 
SIP provisions to assure that RACM and RACT level controls are 
implemented by no later than four years after designation of the area. 
As with subpart 1, the terms RACM and RACT are not defined within 
subpart 4. Nor do the provisions of subpart 4 specify how states are to 
meet the RACM and RACT requirements. However, the EPA's longstanding 
guidance in the General Preamble provides recommendations for 
appropriate considerations for determining what control measures 
constitute RACM and RACT for purposes of meeting the statutory 
requirements of subpart 4.
    The EPA's guidance for RACM under subpart 4 in the General Preamble 
includes: (1) A list of some potential measures for states to consider; 
(2) a statement of the EPA's expectation that the state will provide a 
reasoned explanation for a decision not to adopt a particular control 
measure; (3) recognition that some control measures might be 
unreasonable because the emissions from the affected sources in the 
area are de minimis; (4) an emphasis on state evaluation of potential 
control measures for reasonableness, considering factors such as 
technological feasibility and the cost of control; and (5) 
encouragement that states evaluating potential control measures imposed 
upon municipal or other governmental entities also include 
consideration of the impacts on such entities, and the possibility of 
partial implementation when full implementation would be infeasible 
(e.g., phased implementation of measures such as road paving). 57 FR 
13540.
    With respect to RACT requirements, the EPA's existing guidance in 
the General Preamble: (1) Noted that RACT has historically been defined 
as ``the lowest emission limit that a source is capable of meeting by 
the application of control technology that is reasonably available 
considering technological and economic feasibility;'' (2) noted that 
RACT generally applies to stationary sources, both stack and fugitive 
emissions; (3) suggested that major stationary sources be the minimum 
starting point for a state's RACT analysis; and (4) recommended that 
states evaluate RACT not only for major stationary sources, but for 
other source categories as needed for attainment and considering the 
feasibility of controls. Id. at 13541
    For both RACM and RACT, the EPA notes that an overarching principle 
is that if a given control measure is not needed to attain the relevant 
NAAQS in a given area as expeditiously as practicable, then that 
control measure would not be required as RACM or RACT because it would 
not be reasonable to impose controls that are not in fact needed for 
attainment purposes. In making recommendations for the subpart 4 RACM 
and RACT requirements, the focus is upon the process to identify 
emissions sources, to evaluate potential emissions controls, and to 
impose those control measures that are reasonable and that are 
necessary to bring the area into attainment as expeditiously as 
practicable, but by no later than the attainment date for the area. The 
only exception is if the economically and technically feasible measures 
not necessary to attain by the outermost attainment date and adopted as 
RACT/RACM will collectively advance attainment by at least a year. If 
that is the case, the additional measures must be adopted.
    The new PM2.5 Implementation Rule adopts a process 
oriented analysis similar to the approaches set forth in the General 
Preamble and the remanded 2007 PM2.5 Implementation Rule (81 FR 58035-
47); 40 CFR 51.1009.
    Consistent with EPA guidance at the time, the IDEQ evaluated which 
measures would constitute RACM and RACT in Franklin County.
    1. The IDEQ evaluated the technical and economic feasibility of 
establishing a motor vehicle inspection and

[[Page 74746]]

maintenance (I&M) program for Franklin County (Appendix C of the 2012 
SIP submittal). Modeling conducted by the UDAQ, using the EPA's Motor 
Vehicle Emission Simulator (MOVES) model, showed expected 
NOX reductions of 4.6% from implementing an I&M program 
generally. Projecting this anticipated NOX reduction to 
Franklin County's share of the overall Logan UT-ID motor vehicle fleet 
(approximately 10%) yields a potential NOX reduction benefit 
of 0.46% for the air shed. The IDEQ estimated the cost of establishing 
an I&M program for Franklin County based on an existing I&M station in 
Canyon County, Idaho (population 198,871 in 2013). The IDEQ then scaled 
the potential costs of this program to reflect the population of 
Franklin (12,854 in 2013). The IDEQ found that while some variable 
costs may be reduced, the annual fixed costs of keeping a basic I&M 
station operational remained quite high (total annual estimated cost 
would be approximately $300,000). The IDEQ calculated that dividing 
this annual cost by the expect NOX emissions reduction for 
Franklin County (15 tons per year) yields an estimated cost per ton of 
NOX reduced of at least $20,000 per ton. The IDEQ also 
calculated the cost per vehicle (approximately 8,574 vehicles) to be 
$70 per vehicle based on a two year inspection cycle. Given ongoing 
vehicle fleet turnover with newer, cleaner Tier 2 and 3 vehicles since 
the IDEQ's 2012 SIP submittal, these costs relative to expected 
NOX reductions have likely increased as the small percentage 
of pre-1996 motor vehicles most likely to fail an I&M test for 
NOX and VOC emissions are retired from the vehicle fleet. 
For these reasons, the IDEQ determined that a Franklin County I&M 
program was not a reasonable control approach based on factors 
including the cost of control and economic feasibility.
    2. As discussed above, the General Preamble suggests that major 
stationary sources be the minimum starting point for a state's RACT 
analysis and recommended that states evaluate RACT not only for major 
stationary sources, but for other source categories as needed for 
attainment and considering the feasibility of controls. In developing 
the emissions inventories underlying the 2012 SIP submittal and 2014 
amendment, the criteria of 40 CFR 51 for air emissions reporting 
requirements under the EPA's National Emissions Inventory (NEI) was 
used to establish a 100 tpy threshold for identifying stationary point 
sources. For Franklin County there are no point sources with the 
potential to emit 100 tpy of PM2.5 or any PM2.5 
plan precursor. As described in Appendix B of the IDEQ's 2012 SIP 
submittal, emissions from point sources under the EPA's NEI reporting 
threshold of 100 tpy were included in the area source base-year 
emissions inventory. For Franklin County, due to its rural nature and 
general lack of industrial base, emissions from these industrial and 
commercial source categories are generally insignificant compared to 
other source categories. For these reasons, the IDEQ considered RACT 
requirements satisfied for Franklin County.

                Table 1--Franklin County 2008 Winter Emissions Inventory in Tons per Episode Day
----------------------------------------------------------------------------------------------------------------
         Source category               PM2.5            NOX             SO2             VOC             NH3
----------------------------------------------------------------------------------------------------------------
Agriculture, crops, and                    0.008               0               0           2.763            4.65
 livestock......................
Gasoline, bulk, and stations....               0               0               0               0               0
Commercial cooking..............               0               0               0               0               0
Construction dust...............           0.014               0               0               0               0
Fuel combustion, industrial.....           0.006           0.087           0.061           0.001           0.002
Fuel combustion, commercial/               0.004            0.07           0.018           0.001               0
 institutional..................
Fuel combustion, residential non-          0.001           0.049           0.014           0.002           0.008
 wood...........................
Fuel combustion, residential                 0.1           0.009           0.002           0.138               0
 wood...........................
Miscellaneous Commercial/                  0.001           0.001               0               0           0.008
 Industrial Processes...........
Solvent, commercial and consumer               0               0               0            0.14               0
Solvent, commercial and                        0               0               0            0.26               0
 industrial.....................
Waste disposal..................               0               0               0           0.008               0
Mobile, emissions...............           0.028           0.711           0.004           0.498           0.008
Mobile, road dust...............           0.596               0               0               0               0
Nonroad mobile..................           0.035           0.428           0.009           0.636               0
Point sources...................               0               0               0               0               0
                                 -------------------------------------------------------------------------------
    Totals......................           0.793           1.355           0.108           4.447           4.676
----------------------------------------------------------------------------------------------------------------

    3. As previously discussed in the Control Measures section, the 
IDEQ submitted road sanding agreements negotiated between the IDEQ, 
Franklin County Road and Bridge, and the Idaho Department of 
Transportation to reduce PM2.5 emissions from re-entrained 
road dust. In our March 25, 2014 final approval of the road sanding 
agreements as voluntary measures, we explained that the agreements were 
not directly enforceable and could not be considered as full control 
measures, with full emission reduction credit under the attainment 
demonstration.\3\ As part of the 2014 amendment, the IDEQ submitted 
revised road sanding agreements to address the EPA's enforceability 
concerns. While these revised road sanding agreements improve on 
potential enforceability, they still do not meet our enforceability 
criteria to be approved as full control measures meeting RACM 
requirements.
---------------------------------------------------------------------------

    \3\ Incorporating Emerging and Voluntary Measures in a State 
Implementation Plan (Sept. 2004).
---------------------------------------------------------------------------

    4. As previously discussed in the Control Measures section, the EPA 
approved the permanent and enforceable Franklin County, City of 
Clifton, City of Dayton, Franklin City, City of Oxford, City of 
Preston, and City of Weston ordinances implementing the mandatory 
woodstove curtailment and burn ban program (79 FR 16201, March 25, 
2014). The EPA is now proposing to determine that these ordinances 
already approved into the Idaho SIP satisfy our criteria for RACM under 
subpart 1 and subpart 4. The EPA also notes that because the ordinances 
banned the sale or installation of non-EPA certified devices in new or 
existing buildings in Franklin County jurisdictions, the three 
woodstove change-out programs conducted in 2006-2007, 2011-2012, and 
2013-2014, that replaced 212 units, can be considered to have 
permanent,

[[Page 74747]]

enforceable, and lasting emission reductions in the nonattainment area, 
estimated to be 8.04 tpy PM2.5, 0.47 tpy NOX, and 
18.57 tpy VOC.
    The EPA is proposing to approve the woodstove curtailment, device 
restrictions and burn ban control measures discussed above, and already 
incorporated into the SIP, as meeting the requirements of RACM. We are 
proposing to approve IDEQ's determination that an I&M program for 
Franklin County is not economically feasible under RACM. We are also 
proposing to approve IDEQ's determination that RACT controls are not 
necessary given the lack of stationary sources in the county.

Not Possible To Advance Attainment by One Year

    Under the attainment plan requirements, an area must implement all 
reasonable control measures that are not necessary to attain by the 
outermost attainment date, if such measures would advance the date of 
attainment by an estimated one year. At the time of the IDEQ's December 
24, 2014 amendment, the State and the EPA had access to monitoring data 
showing that it would not be possible to advance attainment by one year 
(December 31, 2014) due to expected 3-year average of 24-hour 
PM2.5 concentrations of 40 [mu]g/m\3\ at the Franklin 
monitor, and 45 [mu]g/m\3\ at the Logan, Utah monitor, based on 
preliminary 2012-2014 data. Therefore, we are proposing to approve 
IDEQ's determination that it was not possible to advance the attainment 
date by one-year and that they implemented all reasonable available 
control measures identified.

Precursors Addressed

    As discussed in the ``Characterization of the Franklin County Air 
Shed'' section above, secondary formation of ammonium nitrate 
(NH4NO3) is the most dominant source of 
PM2.5 in the valley (approximately 80% of the 
PM2.5). Due to the unique topography of being surrounded by 
steep mountain ranges approximately 3,000 to 5,000 feet above the Cache 
Valley floor, this air shed is particularly susceptible to wintertime 
inversion events. During these inversion events VOCs and NOX 
emissions (primarily from on-road motor vehicles) are trapped in a 
shallow layer of air with ammonia emissions (primarily from 
agricultural operations) to form ammonium nitrate. The 2012 submittal 
included the Utah State University Special Air Quality Studies which 
determined that the air shed was ammonia rich by a factor of 
approximately two. Modeled sensitivity runs, conducted by UDAQ in 
cooperation with IDEQ, also showed that significant reductions in the 
ammonia inventories would have little to no effect on predicted 
PM2.5 concentrations.\4\ As such, one of the most 
significant control measures for the area as a whole, was Utah's 
establishment of an I&M program to reduce NOX and VOCs from 
on-road motor vehicles. As discussed above, IDEQ also assessed the 
economic feasibility of establishing an I&M program to reduce 
NOX and VOCs, but found that the estimated $20,000+ per ton 
reduction of NOX renders the cost unreasonable and thus not 
RACM. IDEQ also considered other potential NOX controls such 
as controls for home heating of natural gas or distillate oil, but 
determined it was prohibitively expensive given the tiny proportion of 
the emissions inventory for those sources (see Table 1). The potential 
for VOC and SO2 reductions from Franklin County sources was 
similarly small. While the emissions inventory shows some potential for 
reducing VOC emission from commercial, consumer, and industrial 
solvents, IDEQ noted that many of these products are purchased in the 
more populous retail center in Logan, Utah. Therefore the Utah VOC 
controls for these products would have an air shed wide impact. Lastly, 
IDEQ notes that MOVES modeling conducted as part of the 2012 submittal, 
using a 2008 base year, predicted VOC emissions reductions from on-road 
mobile sources of 37% by January 1, 2015, due to fleet turnover with 
cleaner Tier 2 vehicles. IDEQ did assess potential SO2, 
NOX, VOC, and NH3 reductions from Idaho-specific 
control measures. However, due to the sparse population and generally 
small emissions inventories, the direct PM2.5 control 
measures discussed above (woodstoves and road sanding) were deemed as 
the only viable and economically feasible measures possible to impose 
as RACM.
---------------------------------------------------------------------------

    \4\ See page 17 of Cache Valley Air Quality Studies, included as 
Appendix A of IDEQ's 2012 SIP submission.
---------------------------------------------------------------------------

Overall RACM Analysis

    IDEQ's analysis of potential control measures under RACM was 
informed by the emissions inventory for the area (see pages 23-29 of 
the 2012 submittal). As discussed above, many of the source categories 
in the Franklin County portion of the nonattainment area have 
negligible emissions due to the sparse population and rural nature of 
the county. IDEQ then analyzed the emissions inventory for 
SO2, NOX, VOC, NH3, and direct 
PM2.5, to determine possible control measures (see pages 38-
41). Pursuant to that analysis, IDEQ identified and established the 
mandatory woodstove curtailment program, burn ban, heating device 
restrictions and the woodstove change-out programs discussed above to 
satisfy the RACM requirement for the predominant emissions sources in 
the county, with estimated emission reductions greater than 0.13 tons 
per episode day. The IDEQ also determined reasonable measures beyond 
the Tier 2 Federal Motor Vehicle Emission Requirements, the diesel 
emission reduction program, the commuter bus service, and the Park-n-
Ride lots already in place for the area are not available for mobile 
emissions. The EPA has reviewed the comprehensive emissions inventory 
information, as summarized in Table 1. Based on the 2012 submittal and 
2014 amendment, the EPA proposes to find that IDEQ has satisfied the 
RACM requirement for the Idaho portion of the area.
H. Contingency Measures
    Contingency measures are additional measures to be implemented in 
the event that an area fails to attain a standard by its attainment 
date, or fails to meet Reasonable Further Progress (RFP). See CAA 
section 172(c)(9); 81 FR 58066. These measures must be fully adopted 
rules or control measures that take effect with minimal further action 
by the state or the EPA. Contingency measures should also contain 
trigger mechanisms and an implementation schedule. In addition, they 
should be measures not already included in the SIP control strategy, 
and should provide for emission reductions equivalent to one year of 
RFP.
    The EPA explained that the April 16, 1992 General Preamble provided 
the following guidance: ``States must show that their contingency 
measures can be implemented without further action on their part and 
with no additional rulemaking actions such as public hearings or 
legislative review. In general, EPA will expect all actions needed to 
affect full implementation of the measures to occur within 60 days 
after EPA notifies the State of its failure.'' (57 FR at 13512). The 
statute requires that contingency measures provide for additional 
emission reductions that are not relied on for RFP or attainment and 
that are not included in the demonstration. The purpose of contingency 
measures is to provide a cushion while the plan is being revised to 
meet the missed milestone and continue progress towards expeditious 
attainment. In other words, contingency

[[Page 74748]]

measures are intended to achieve reductions over and beyond those 
relied on in the attainment and RFP demonstrations.
    In its 2012 SIP submittal, the IDEQ relied on two sets of measures 
as contingency measures: Idaho control measures that had already been 
adopted and implemented but which were not included or accounted for in 
UDAQ's attainment demonstration modeling; and the contingency measures 
included in Utah's 2012 SIP submission. IDEQ asserted that such 
measures collectively would achieve emission reductions resulting in a 
0.2 [mu]g per year reduction, equaling one year's worth of emission 
reductions necessary to achieve RFP at the time of IDEQ's 2012 
submittal. While the IDEQ asserts that the 0.2 [mu]g per year reduction 
would occur, the reductions are not quantified in the UDAQ modeling. 
The EPA is therefore proposing to disapprove the IDEQ's contingency 
measure plan element.\5\
---------------------------------------------------------------------------

    \5\ We also note that the 9th Circuit Court of Appeals recently 
rejected EPA's interpretation of CAA section 172(c)(9) as allowing 
for early implementation of contingency measures. Bahr v. EPA, No. 
12-72327 (Sept. 12, 2016). The Court concluded that contingency 
measures must take effect at the time the area fails to make RFP or 
attain by the applicable attainment date, not before. Id.at 35-36. 
The IDEQ control measures, which have already been implemented, do 
not meet the standard for section 172(c)(9) contingency measures set 
out by the Bahr decision.
---------------------------------------------------------------------------

I. Reasonable Further Progress (RFP) and Quantitative Milestones
    For PM2.5 nonattainment areas, two statutory provisions 
apply regarding RFP and quantitative milestones. First, under subpart 
1, CAA section 172(c)(2) requires attainment plans to provide for RFP, 
which is defined in CAA section 171(l) as ``such annual incremental 
reductions in emissions of the relevant air pollutant as are required 
by [Part D of Title I] or may reasonably be required by the 
Administrator for the purpose of ensuring attainment of the applicable 
national ambient air quality standard by the applicable date.'' 
Reasonable further progress is a requirement to assure that states make 
steady, incremental progress toward attaining air quality standards, 
rather than deferring implementation of control measures and thereby 
emission reductions until sometime just before the date by which the 
standard is to be attained. Second, under subpart 4, CAA section 189(c) 
requires that attainment plan submissions have ``quantitative 
milestones which are to be achieved every 3 years until the area is 
redesignated to attainment and which demonstrate reasonable further 
progress . . . toward attainment by the applicable date.''
    The IDEQ's 2012 SIP submittal was developed to meet the subpart 1 
RFP requirements, and the 2014 amendment was intended to address the 
D.C. Circuit's determination that the subpart 4 requirements apply to 
PM2.5 NAAQS; however, the IDEQ submittals do not include 
quantitative milestones as required pursuant to section 189(c). 
Specifically, section 189(c) provides that an attainment plan must have 
quantitative milestones which are to be achieved every three years 
until the area is redesignated to attainment, and which demonstrate 
reasonable further progress toward attainment by the applicable 
attainment date.\6\ While the SIP submittals did identify one measure 
of RFP (i.e. that the area will attain by the attainment date), the SIP 
submittals do not adequately address the RFP requirement or provide 
specific quantitative milestone as required pursuant to section 189(c). 
For this reason, we propose to disapprove the SIP with respect to the 
RFP and quantitative milestones requirements.
---------------------------------------------------------------------------

    \6\ The EPA's General Preamble and Addendum provide guidance 
interpreting the RFP and quantitative milestone requirements of 
subpart 4 and were available at the time IDEQ submitted the 2014 
addendum. See General Preamble, 57 FR 13539; Addendum, 59 FR 42015-
17. The EPA's guidance recommendations with respect to section 
189(c) include several relevant features: (1) That the control 
measures comprising the RFP should be implemented and in place to 
meet the milestone requirement; (2) that it is reasonable for the 
three year periods for milestones to run from the date that the 
attainment plan submission is due; and (3) that the precise form 
quantitative milestones should take is not specified and they may 
take whatever form would allow progress to be quantified or measured 
adequately. The guidance contains a partial list of potential 
approaches, including percent implementation of control strategies, 
percent compliance with implemented control measures, and adherence 
to a compliance schedule. See Addendum, 59 FR 42016.
---------------------------------------------------------------------------

    While the specific RFP and quantitative milestones requirements 
were not satisfied in the SIP submittals, the IDEQ's attainment plan 
did contain control measures that were implemented after the area was 
designated nonattainment. For example, the woodstove curtailment and 
burn ban ordinances were adopted and in place during the summer and 
fall of 2012. In addition, the woodstove change-out programs conducted 
in 2006-2007 and 2011-2012, had already commenced and achieved 
sustained and quantifiable emission reductions of 8.04 tons per year 
(tpy) PM2.5, 0.47 tpy NOX, and 18.57 tpy VOC. The 
IDEQ calculated the emissions reductions associated with the number of 
woodstoves exchanged in each of those years. In addition, the IDEQ 
quantified the estimated reduction in PM2.5 reentrained road 
dust emissions from the road sanding agreements effective July 16, 2012 
and October 25, 2012. The control measures in the IDEQ's attainment 
plan were in place and achieving reductions within three years of 
submission. The State relied upon these control measures, in addition 
to the Utah control measures, to provide the bulk of the emissions 
reductions projected to bring the area into attainment, and those 
measures were achieving reductions during the three years from the 
subpart 4 attainment plan submission date. However, the IDEQ's SIP 
submittal did not specify whether such measures were also included for 
the purposes of RFP and quantitative milestones. If properly accounted 
for and specified in the SIP submittal, such reductions might be 
sufficient to provide the necessary demonstration of RFP for use in a 
quantitative milestones report.
J. Motor Vehicle Emissions Budget
    Section 176(c) of the CAA requires Federal actions in nonattainment 
and maintenance areas to ``conform to'' the goals of SIPs. This means 
that such actions will not cause or contribute to violations of a 
NAAQS, worsen the severity of an existing violation, or delay timely 
attainment of any NAAQS or any interim milestone. Actions involving 
Federal Highway Administration (FHWA) or Federal Transit Administration 
(FTA) funding or approval are subject to the transportation conformity 
rule (40 CFR part 93, subpart A). Under this rule, metropolitan 
planning organizations (MPOs) in nonattainment and maintenance areas 
coordinate with state air quality and transportation agencies, the EPA, 
the FHWA, and the FTA to demonstrate that their long-range 
transportation plans and transportation improvement programs (TIPs) 
conform to applicable SIPs. This demonstration is typically determined 
by showing that estimated emissions from existing and planned highway 
and transit systems are less than or equal to the motor vehicle 
emissions budgets (budgets) contained in a SIP.
    For budgets to be approvable, they must meet, at a minimum, the 
EPA's adequacy criteria (40 CFR 93.118(e)(4)). One of the adequacy 
criteria requires that motor vehicle emissions budgets when considered 
together with all other emissions sources, are consistent with the 
applicable requirements for reasonable further progress, attainment or 
maintenance (40 CFR 93.118(e)(4)((iv)). In this case the applicable 
requirement is attainment of the 2006 24-hour PM2.5 NAAQS. 
The Cache Valley NAA failed to attain the 2006 24-hour PM2.5 
NAAQS by

[[Page 74749]]

December 31, 2014.\7\ Therefore, the submitted motor vehicle emissions 
budgets do not meet the aforementioned adequacy criterion. We are 
proposing to disapprove the submitted budgets consistent with our 
proposed disapproval of the attainment demonstration for the Idaho 
portion of the area.
---------------------------------------------------------------------------

    \7\ December 31, 2014 is the attainment date associated with the 
motor vehicle emission budgets submitted as part of the 2012 
submittal. Although IDEQ did submit revised emissions and attainment 
year inventories as part of the 2014 supplement, IDEQ did not 
explicitly submit revised budgets for the Subpart 4 attainment date 
of December 31, 2015).
---------------------------------------------------------------------------

III. Consequences of a Disapproved SIP

    This section explains the consequences of a disapproval of a SIP 
under section 110(k) of the Act. The Act provides for the imposition of 
sanctions and the promulgation of a federal implementation plan (FIP) 
if a state fails to submit and the EPA approve a plan revision that 
corrects the deficiencies identified by the EPA in its disapproval.

The Act's Provisions for Sanctions

    If the EPA finalizes disapproval of a required SIP submission, such 
as an attainment plan submission, or a portion thereof, section 179(a) 
provides for the imposition of sanctions unless the deficiency is 
corrected within 18 months of the final rulemaking of disapproval. The 
first sanction would apply 18 months after the EPA disapproves the SIP. 
Under EPA's sanctions regulations, 40 CFR 52.31, the first sanction 
imposed at 18 months following a disapproval is 2:1 offsets for sources 
subject to the new source review requirements under section 173 of the 
Act. If the deficiency remains uncorrected at 24 months after the 
disapproval a second sanction is imposed consisting of a prohibition on 
the approval or funding of certain highway projects.\8\ The EPA also 
has authority under section 110(m) to impose sanctions on a broader 
area, but is not proposing to take such action in today's rulemaking. 
The imposition of sanctions is avoided or stopped by a final EPA 
rulemaking action finding that the state corrected the SIP deficiencies 
resulting in the disapproval.
---------------------------------------------------------------------------

    \8\ On April 1, 1996 the US Department of Transportation 
published a notice in the Federal Register describing the criteria 
to be used to determine which highway projects can be funded or 
approved during the time that the highway sanction is imposed in an 
area. (See 61 FR 14363)
---------------------------------------------------------------------------

Federal Implementation Plan Provisions That Apply if a State Fails To 
Submit an Approvable Plan

    In addition to sanctions, if the EPA finds that a state failed to 
submit the required SIP revision or finalizes disapproval of the 
required SIP revision, or a portion thereof, the EPA must promulgate a 
FIP no later than 2 years from the date of the finding if the 
deficiency has not been corrected within that time period.

Ramifications Regarding Conformity

    One consequence if EPA finalizes disapproval of a control strategy 
SIP submission is a conformity freeze.\9\ If we finalize the 
disapproval of the attainment demonstration SIP without a protective 
finding, a conformity freeze will be in place as of the effective date 
of the disapproval (40 CFR 93.120(a)(2)). The Idaho portion of the 
Cache Valley NAA is a ``donut area'' as defined in the transportation 
conformity rule (40 CFR 93.101).\10\ As such, the Idaho portion of the 
area does not have a metropolitan planning organization (MPO) and there 
is no long range transportation plan or TIP that would be subject to a 
freeze. However, the freeze does mean that no new projects in the Idaho 
portion of the Cache Valley NAA may be found to conform until another 
attainment demonstration SIP is submitted and the motor vehicle 
emissions budgets are found adequate or the attainment demonstration is 
approved.
---------------------------------------------------------------------------

    \9\ Control strategy SIP revisions as defined in the 
transportation conformity include reasonable further progress plans 
and attainment demonstrations (40 CFR 93.101).
    \10\ The Cache Metropolitan Planning Organization is responsible 
for transportation planning in a portion of Cache County, UT which 
is part of this nonattainment area.
---------------------------------------------------------------------------

IV. Proposed Action

    The EPA is proposing to approve the woodstove curtailment 
ordinances, burn ban, heating device restrictions and woodstove change-
out programs as meeting RACM requirements. However, for the reasons set 
forth above and because the area failed to attain by the December 31, 
2015 attainment date, we are proposing to determine that the IDEQ has 
not satisfied the attainment demonstration, the contingency measures, 
the RFP and quantitative milestone, and the motor vehicle emission 
budget requirements for the Franklin County portion of the Logan UT-ID 
area. As such, we are proposing to disapprove these elements.

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 Act 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 Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply on any Indian reservation land 
in Idaho or any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.


[[Page 74750]]


    Dated: October 18, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2016-26016 Filed 10-26-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                        Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules                                              74741

                                                  properties for consolidated burning at                  approve the November 15, 2004,                           • Is not an economically significant
                                                  the designated site, records to include                 submittal that revises 30 TAC Section                 regulatory action based on health or
                                                  the site description of a platted                       111.209. We are proposing to approve                  safety risks subject to Executive Order
                                                  subdivision, to ensure that all waste was               the July 18, 2006, submittal that adopted             13045 (62 FR 19885, April 23, 1997);
                                                  generated at specific residential                       amendments to 30 TAC Section 111.203                     • Is not a significant regulatory action
                                                  properties for which the site is                        and 30 TAC Section 111.209 that revises               subject to Executive Order 13211 (66 FR
                                                  designated, and ensure that all burning                 30 TAC Subchapter B ‘‘Emissions                       28355, May 22, 2001);
                                                  at the designated site is directly                      Limits.’’ We are also proposing to                       • Is not subject to requirements of
                                                  supervised by an employee of a fire                     approve the March 3, 2014, submittal                  section 12(d) of the National
                                                  department who is part of the fire                      that adopted amendments to 30 TAC                     Technology Transfer and Advancement
                                                  protection personnel, as defined by                     Section 111.211 with revisions to                     Act of 1995 (15 U.S.C. 272 note) because
                                                  Texas Government Code, Section                          Subchapter B.                                         application of those requirements would
                                                  419.021, and is acting in the scope of                                                                        be inconsistent with the CAA; and
                                                                                                          IV. Incorporation by Reference
                                                  the person’s employment, where the fire                                                                          • Does not provide EPA with the
                                                  department employee shall notify the                      In this action, we are proposing to                 discretionary authority to address, as
                                                  appropriate TCEQ regional office with a                 include in a final rule regulatory text               appropriate, disproportionate human
                                                  telephone or electronic facsimile notice                that includes incorporation by                        health or environmental effects, using
                                                  24 hours in advance of any scheduled                    reference. In accordance with the                     practicable and legally permissible
                                                  supervised burn, and other advisory                     requirements of 1 CFR 51.5, we are                    methods, under Executive Order 12898
                                                  requirements including that TCEQ                        proposing to incorporate by reference                 (59 FR 7629, February 16, 1994).
                                                  approval is not required.                               revisions to the Texas regulations as                    In addition, the SIP is not approved
                                                     The March 3, 2014 SIP submittal                      described in the Proposed Action                      to apply on any Indian reservation land
                                                  revises 30 TAC Section 111.211 to allow                 section above. We have made, and will                 or in any other area where EPA or an
                                                  prescribed burns for the purpose of                     continue to make, these documents                     Indian tribe has demonstrated that a
                                                  wildfire hazard mitigation. The                         generally available electronically                    tribe has jurisdiction. In those areas of
                                                  submitted revision allows prescribed                    through www.regulations.gov and/or in                 Indian country, the proposed rule does
                                                  burning in other areas, such as where                   hard copy at the EPA Region 6 office.                 not have tribal implications and will not
                                                  rural areas interface with urban areas,                                                                       impose substantial direct costs on tribal
                                                  for the purpose of wildfire hazard                      V. Statutory and Executive Order
                                                                                                                                                                governments or preempt tribal law as
                                                  mitigation in order to reduce the                       Reviews
                                                                                                                                                                specified by Executive Order 13175 (65
                                                  incidence, intensity, and spread of                        Under the CAA, the Administrator is                FR 67249, November 9, 2000).
                                                  wildfires. The EPA submitted comments                   required to approve a SIP submission
                                                  to the TCEQ during the State’s public                   that complies with the provisions of the              List of Subjects in 40 CFR Part 52
                                                  comment period. The State responded                     CAA and applicable Federal regulations.                 Environmental protection, Air
                                                  to our comments and those were                          42 U.S.C. 7410(k); 40 CFR 52.02(a).                   pollution control, Incorporation by
                                                  included as part of the SIP submittal.                  Thus, in reviewing SIP submissions, the               reference, Particulate matter, Reporting
                                                  We have reviewed the State’s evaluation                 EPA’s role is to approve state choices,               and recordkeeping requirements.
                                                  of our comments and agree that the                      provided that they meet the criteria of
                                                  revision is not allowing an additional                                                                          Authority: 42 U.S.C. 7401 et seq.
                                                                                                          the CAA. Accordingly, this action
                                                  activity with the addition of wildfire                  merely proposes to approve state law as                 Dated: October 21, 2016.
                                                  hazard mitigation, since the TCEQ                       meeting Federal requirements and does                 Ron Curry,
                                                  already has the ability to allow                        not impose additional requirements                    Regional Administrator, Region 6.
                                                  prescribed burns for wildfire hazard                    beyond those imposed by state law. For                [FR Doc. 2016–25983 Filed 10–26–16; 8:45 am]
                                                  mitigation purposes on a case by case                   that reason, this action:                             BILLING CODE 6560–50–P
                                                  basis. The purpose of the revision is to
                                                                                                             • Is not a ‘‘significant regulatory
                                                  better facilitate the process of allowing
                                                                                                          action’’ subject to review by the Office
                                                  prescribed burns for wildfire hazard                                                                          ENVIRONMENTAL PROTECTION
                                                                                                          of Management and Budget under
                                                  mitigation and thereby reduce the                                                                             AGENCY
                                                                                                          Executive Orders 12866 (58 FR 51735,
                                                  chance of emissions of pollutants that
                                                                                                          October 4, 1993) and 13563 (76 FR 3821,
                                                  could be emitted in an uncontrolled                                                                           40 CFR Part 52
                                                                                                          January 21, 2011);
                                                  wildfire. Our analysis, available in our
                                                  TSD in the rulemaking docket, finds                        • Does not impose an information                   [EPA–R10–OAR–2015–0067; FRL–9954–56–
                                                                                                          collection burden under the provisions                Region 10]
                                                  that the revisions to 30 TAC Section
                                                  111.211 are not significant, are                        of the Paperwork Reduction Act (44
                                                                                                          U.S.C. 3501 et seq.);                                 Partial Approval and Partial
                                                  approvable and would not interfere with                                                                       Disapproval of Attainment Plan for the
                                                  attainment of the NAAQS or prevent                         • Is certified as not having a
                                                                                                          significant economic impact on a                      Idaho Portion of the Logan, Utah/Idaho
                                                  any reasonable further progress in                                                                            PM2.5 Nonattainment Area
                                                  obtaining the NAAQS or any other                        substantial number of small entities
                                                  applicable requirement of the CAA.                      under the Regulatory Flexibility Act (5               AGENCY:  Environmental Protection
                                                                                                          U.S.C. 601 et seq.);                                  Agency (EPA).
                                                  III. Proposed Action                                       • Does not contain any unfunded
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                                                                                                                                                                ACTION: Proposed rule.
                                                     We are proposing to approve the                      mandate or significantly or uniquely
                                                  Texas SIP revisions dated from 1989,                    affect small governments, as described                SUMMARY:   Franklin County, Idaho is a
                                                  2004, 2006 and 2014. Specifically, we                   in the Unfunded Mandates Reform Act                   rural and sparsely populated county
                                                  are proposing to approve the August 21,                 of 1995 (Pub. L. 104–4);                              adjacent to Cache County, Utah. In
                                                  1989 and the June 9, 2006 submittals                       • Does not have Federalism                         2009, the Environmental Protection
                                                  that repealed the Rule 105.2                            implications as specified in Executive                Agency (EPA) designated Cache County,
                                                  (subsequently renumbered 30 TAC                         Order 13132 (64 FR 43255, August 10,                  along with Franklin County, as part of
                                                  Section 111.155). We are proposing to                   1999);                                                the multi-state Logan, Utah-Idaho fine


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                                                  74742                 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules

                                                  particulate matter (PM2.5) nonattainment                Table of Contents                                     PM2.5 NAAQS (74 FR 58688). In that
                                                  area (Logan UT–ID). On December 14,                     I. Background for the EPA’s Proposed Action           November 2009 action, the EPA
                                                  2012, the Idaho Department of                              A. History of the PM2.5 Standard                   designated Franklin County, Idaho, as
                                                  Environmental Quality (IDEQ)                               B. Effect of the January 4, 2013 D.C. Circuit      part of the cross-state Logan UT–ID
                                                  submitted a State Implementation Plan                         Decision Regarding PM2.5                        nonattainment for the 2006 24-hour
                                                  (2012 SIP submittal) to address                               Implementation Under Subpart 4                  PM2.5 NAAQS, requiring Idaho to
                                                  attainment planning requirements for                       C. CAA PM2.5 Nonattainment Area                    prepare and submit an attainment plan
                                                  the Idaho portion of the Logan UT–ID                          Requirements                                    to meet the revised 24-hour PM2.5
                                                                                                          II. Analysis of Idaho’s Submittals                    NAAQS. The EPA included Franklin
                                                  nonattainment area. On December 24,                        Previously Approved Attainment Plan
                                                  2014, the IDEQ submitted a supplement                         Elements                                        County in the nonattainment area due to
                                                  to the 2012 SIP submission that                            A. Classifications                                 Idaho emission sources, particularly
                                                  included additional analysis (2014                         B. Emissions Inventory                             motor vehicle commuter patterns,
                                                  amendment). The EPA has evaluated the                      C. Control Measures                                contributing to violations of the 24-hour
                                                  2012 SIP submittal and 2014                                Attainment Plan Elements Proposed for              PM2.5 NAAQS recorded at the Logan,
                                                  amendment to determine whether the                            Approval and Disapproval                        Cache County, Utah monitor, based on
                                                                                                             D. Attainment Date                                 2006 to 2008 ambient air quality data.
                                                  submissions meet the applicable Clean
                                                                                                             E. Attainment Demonstration and                       On March 2, 2012, the EPA issued
                                                  Air Act (CAA) requirements. Based on                          Modeling
                                                  this evaluation, the EPA is proposing to                                                                      ‘‘Implementation Guidance for the 2006
                                                                                                             F. Characterization of Franklin County Air
                                                  approve certain provisions and                                Shed                                            24-Hour Fine Particulate (PM2.5)
                                                  disapprove other provisions of the 2012                    G. Reasonably Available Control Measures/          National Ambient Air Quality Standards
                                                  SIP submittal and 2014 amendment.                             Reasonably Available Control                    (NAAQS)’’ to provide guidance on the
                                                                                                                Technology (RACM/RACT)                          development of SIPs to demonstrate
                                                  DATES: Written comments must be                            H. Contingency Measures                            attainment with the revised 24-hour
                                                  received on or before November 28,                         I. Reasonable Further Progress (RFP) and           standard (March 2012 Implementation
                                                  2016.                                                         Quantitative Milestones                         Guidance). The March 2012
                                                                                                             Additional Elements                                Implementation Guidance explained
                                                  ADDRESSES:   Submit your comments,                         J. Conformity Requirements
                                                                                                          III. Proposed Action
                                                                                                                                                                that the overall framework and policy
                                                  identified by Docket ID No. EPA–R10–
                                                                                                          IV. Statutory and Executive Order Reviews             approach of the 2007 PM2.5
                                                  OAR–2015–0067 at http://
                                                                                                                                                                Implementation Rule provided effective
                                                  www.regulations.gov. Follow the online                  I. Background for the EPA’s Proposed                  and appropriate guidance on statutory
                                                  instructions for submitting comments.                   Action                                                requirements for the development of
                                                  Once submitted, comments cannot be                                                                            SIPs to attain the 2006 24-hour PM2.5
                                                  edited or removed from Regulations.gov.                 A. History of the PM2.5 Standard
                                                                                                                                                                NAAQS. Accordingly, the March 2012
                                                  The EPA may publish any comment                            On July 18, 1997, the EPA established              Implementation Guidance instructed
                                                  received to its public docket. Do not                   the 1997 PM2.5 National Ambient Air                   states to rely on the 2007 PM2.5
                                                  submit electronically any information                   Quality Standards (NAAQS), including                  Implementation Rule in developing SIPs
                                                  you consider to be Confidential                         an annual standard of 15.0 mg/m3 based                to demonstrate attainment with the 2006
                                                  Business Information (CBI) or other                     on a 3-year average of annual mean                    24-hour PM2.5 NAAQS.
                                                  information whose disclosure is                         PM2.5 concentrations, and a 24-hour (or
                                                  restricted by statute. Multimedia                       daily) standard of 65 mg/m3 based on a                B. Effect of the January 4, 2013 D.C.
                                                  submissions (audio, video, etc.) must be                3-year average of the 98th percentile of              Circuit Court Decision Regarding PM2.5
                                                  accompanied by a written comment.                       24-hour concentrations (62 FR 38652).                 Implementation Under Subpart 4
                                                  The written comment is considered the                   The EPA established the 1997 PM2.5                       On January 4, 2013, the D.C. Circuit
                                                  official comment and should include                     NAAQS based on significant evidence                   Court issued a decision in NRDC v. EPA,
                                                  discussion of all points you wish to                    and numerous health studies                           706 F.3d 428, holding that the EPA
                                                  make. The EPA will generally not                        demonstrating the serious health effects              erred in implementing the 1997 PM2.5
                                                  consider comments or comment                            associated with exposures to PM2.5. To                NAAQS pursuant only to the general
                                                  contents located outside of the primary                 provide guidance on the CAA                           implementation requirements of subpart
                                                  submission (i.e. on the web, cloud, or                  requirements for state and tribal                     1, part D of title I of the CAA, rather
                                                  other file sharing system). For                         implementation plans to implement the                 pursuant to the implementation
                                                  additional submission methods, the full                 1997 PM2.5 NAAQS, the EPA                             requirements specific to particulate
                                                  EPA public comment policy,                              promulgated the ‘‘Final Clean Air Fine                matter (PM10) in subpart 4, part D of title
                                                  information about CBI or multimedia                     Particle Implementation Rule’’ (72 FR                 I of the CAA (‘‘subpart 4’’). The court
                                                  submissions, and general guidance on                    20586, April 25, 2007) (hereinafter, the              reasoned that the plain meaning of the
                                                  making effective comments, please visit                 ‘‘2007 PM2.5 Implementation Rule’’).                  CAA requires implementation of the
                                                  http://www2.epa.gov/dockets/                               On October 17, 2006, the EPA                       1997 p.m.2.5 NAAQS under subpart 4
                                                  commenting-epa-dockets.                                 strengthened the 24-hour PM2.5 NAAQS                  because PM2.5 particles fall within the
                                                                                                          to 35 mg/m3 and retained the level of the             statutory definition of PM10 and thus
                                                  FOR FURTHER INFORMATION CONTACT:    Jeff
                                                                                                          annual PM2.5 standard at 15.0 mg/m3 (71               implementation of the PM2.5 NAAQS is
                                                  Hunt, Air Planning Unit, Office of Air
                                                                                                          FR 61144). Following promulgation of a                subject to the same statutory
                                                  and Waste (AWT–150), Environmental
                                                                                                          new or revised NAAQS, the EPA is                      requirements as the PM10 NAAQS. The
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                                                  Protection Agency, Region 10, 1200
                                                                                                          required by the CAA to promulgate                     Court did not vacate the 2007 PM2.5
                                                  Sixth Ave, Suite 900, Seattle, WA
                                                                                                          designations for areas throughout the                 Implementation Rule but remanded the
                                                  98101; telephone number: (206) 553–
                                                                                                          United States; this designation process               rule with instructions for the EPA to
                                                  0256; email address: hunt.jeff@epa.gov.
                                                                                                          is described in section 107(d)(1) of the              promulgate new implementation
                                                  SUPPLEMENTARY INFORMATION:                              CAA. On November 13, 2009, the EPA                    regulations for the PM2.5 NAAQS in
                                                  Throughout this document, wherever                      designated areas as either attainment/                accordance with the requirements of
                                                  ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is               unclassifiable or nonattainment with                  subpart 4. On June 6, 2013, consistent
                                                  intended to refer to the EPA.                           respect to the revised 2006 24-hour                   with the Court’s remand decision, the


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                                                                        Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules                                        74743

                                                  EPA withdrew its March 2012                             rule is not effective until October 24,               Previously Approved Attainment Plan
                                                  Implementation Guidance which relied                    2016, the EPA considered the guidance                 Elements
                                                  on the 2007 PM2.5 Implementation Rule                   contained in the final rule when                      A. Classifications
                                                  to provide guidance for the 2006 24-                    evaluating the SIP submission at issue.
                                                  hour PM2.5 NAAQS.                                                                                               The applicable attainment planning
                                                     Prior to the January 4, 2013 Court                      The requirements of subpart 1 for                  requirements under subpart 4 (section
                                                  decision, states had worked towards                     attainment plans include: (i) The section             189(a) and (b)) depend on whether the
                                                  meeting the air quality goals of the 2006               172(c)(1) requirements for reasonably                 nonattainment area is classified as
                                                  PM2.5 NAAQS in accordance with the                      available control measures (RACM),                    Moderate or Serious. In response to the
                                                  EPA regulations and guidance derived                    reasonably available control technology               Court’s decision in NRDC v. EPA, the
                                                  from subpart 1 of Part D of Title I of the              (RACT) and attainment demonstrations;                 EPA finalized on June 2, 2014, initial
                                                  CAA. The EPA considered this history                    (ii) the section 172(c)(2) requirement to             classifications of all current 1997 and
                                                  in issuing the PM2.5 Subpart 4                          demonstrate reasonable further progress               2006 PM2.5 nonattainment areas as
                                                  Nonattainment Classification and                        (RFP); (iii) the section 172(c)(3)                    Moderate (79 FR 31566). Thus, the
                                                  Deadline Rule (2014 Classification and                  requirement for emissions inventories;                IDEQ’s 2012 SIP submittal and the 2014
                                                  Deadline Rule) (79 FR 31566, June 2,                    (iv) the section 172(c)(5) requirements               amendment for Franklin County is
                                                  2014) that identified the initial                       for a nonattainment new source review                 evaluated pursuant to the Moderate area
                                                  classification under subpart 4 for areas                (NSR) permitting program; and (v) the                 requirements of subpart 4.
                                                  currently designated nonattainment for                  section 172(c)(9) requirement for                     B. Emissions Inventory
                                                  the 1997 and/or 2006 PM2.5 standards as                 contingency measures.
                                                  Moderate. The final rule also                                                                                   On May 14, 2014, we proposed
                                                  established December 31, 2014 as the                       Several subpart 4 requirements for                 approval of the baseline emissions
                                                  deadline for the states to submit any                   Moderate areas are comparable with                    inventory included as part of Idaho’s
                                                  additional SIP elements related to                      subpart 1 requirements and include: (i)               2012 submittal (79 FR 27543). The
                                                  attainment. On December 24, 2014, the                   The section 189(a)(1)(A) NSR permit                   emissions inventory covered direct
                                                  IDEQ supplemented the 2012 SIP                          program requirements; (ii) the section                PM2.5 and precursors to the formation of
                                                  submission to address the Court’s                       189(a)(1)(B) requirements for an                      PM2.5 (nitrogen oxides (NOX), volatile
                                                  decision.                                               attainment demonstration; (iii) the                   organic compounds (VOCs), ammonia
                                                                                                          section 189(a)(1)(C) requirements for                 (NH3), and sulfur dioxide (SO2)) to meet
                                                  C. CAA PM2.5 Moderate Area                              RACM; and (iv) the section 189(c)                     the comprehensive emissions inventory
                                                  Nonattainment Requirements                                                                                    requirement of CAA section 172(c) for
                                                                                                          requirements for RFP and quantitative
                                                     With respect to the requirements for                 milestones. In addition, under subpart 4              the 2006 24-hour PM2.5 NAAQS. We
                                                  attainment plans, the EPA notes that the                the Moderate area attainment date is no               received no comments on our proposed
                                                  general nonattainment area planning                     later than the end of the 6th calendar                rulemaking and finalized our approval
                                                  requirements are found in subpart 1,                    year after designation.                               on July 18, 2014 (79 FR 41904). We are
                                                  and the Moderate area planning                                                                                not taking comments on the inventory
                                                  requirements for particulate matter are                    The EPA has evaluated the 2012 SIP                 as part of this action.
                                                  found in subpart 4. The EPA has a                       submittal and 2014 amendment to
                                                                                                          determine whether they meet the                       C. Control Measures
                                                  longstanding general guidance
                                                  document that interprets the 1990                       applicable Clean Air Act (CAA)                          The December 14, 2012 attainment
                                                  amendments to the CAA commonly                          requirements. Based on this evaluation,               plan submitted by the IDEQ included
                                                  referred to as the ‘‘General Preamble’’                 the EPA is proposing to approve certain               permanent and enforceable Franklin
                                                  (57 FR 13498, April 16, 1992). The                      provisions and disapprove other                       County, City of Clifton, City of Dayton,
                                                  General Preamble addresses the                          provisions of the 2012 SIP submittal and              Franklin City, City of Oxford, City of
                                                  relationship between subpart 1 and                      2014 amendment.                                       Preston, and City of Weston ordinances
                                                  subpart 4 requirements and provides                                                                           implementing the mandatory woodstove
                                                  recommendations to states for meeting                   II. Analysis of Idaho’s Submittals                    curtailment and burn ban programs. The
                                                  statutory requirements for particulate                     The attainment plan elements that the              IDEQ’s Air Quality Index (AQI) program
                                                  matter nonattainment planning.                          IDEQ submitted for Franklin County                    supports the local jurisdictions by
                                                  Specifically, the General Preamble                      included base year and attainment year                instituting mandatory burn bans for
                                                  explains that requirements applicable to                                                                      uncertified woodstoves when PM2.5
                                                                                                          emissions inventories that addressed
                                                  Moderate area nonattainment SIPs are                                                                          concentration levels are at or forecasted
                                                                                                          direct particulate matter emissions and
                                                  set forth in subpart 4, but such SIPs                                                                         to reach 25.4 mg/m3. Each of the adopted
                                                                                                          all particulate matter precursors, an
                                                  must also meet the general                                                                                    ordinances ban open burning of any
                                                                                                          analysis of RACM and RACT,                            kind during burn ban days, ban the sale
                                                  nonattainment planning provisions in
                                                  subpart 1, to the extent these provisions               contingency measures, and reasonable                  or installation of non-EPA certified
                                                  ‘‘are not otherwise subsumed by, or                     further progress addressed through the                devices in new or existing buildings,
                                                  integrally related to,’’ the more specific              attainment demonstration. The                         and prohibit the construction of any
                                                  subpart 4 requirements (57 FR 13538).                   attainment plan’s strategy for                        building for which a solid fuel burning
                                                  In addition, on August 24, 2016, the                    controlling direct and precursor PM2.5                device is the sole source of heat. On
                                                  EPA issued a final rule establishing                    emissions relied primarily on a                       March 25, 2014, the EPA approved the
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                                                  requirements applicable to                              mandatory episodic woodstove                          ordinances submitted in the attainment
                                                  nonattainment areas for current and                     curtailment program, the change-out of                plan because they provided important
                                                  future PM2.5 NAAQS in response to the                   uncertified woodstoves, revised road                  PM2.5 reductions in the nonattainment
                                                  vacatur of the 2007 implementation                      sanding practices, and expected direct                area and strengthened the Idaho SIP (79
                                                  rule. Fine Particulate Matter National                  PM2.5 and PM2.5 precursor reductions                  FR 16201). By including these measures
                                                  Ambient Air Quality Standards: State                    from the Tier 2 Federal Motor Vehicle                 in the SIP, the State has made them
                                                  Implementation Plan Requirements, 81                    Emission Requirements (65 FR 6698,                    permanent and enforceable. With the
                                                  FR 58010 (August 24, 2016). While that                  February 10, 2000).                                   EPA’s approval of these control


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                                                  74744                 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules

                                                  measures on March 25, 2014, the                         designation, which in the case of                        The EPA’s interpretation of section
                                                  measures have become federally                          Franklin County was December 31,                      189(e) and section 172 indicates that
                                                  enforceable. The EPA already provided                   2015.                                                 consideration of all precursors is
                                                  notice and comment on the proposed                                                                            necessary for PM2.5 attainment plans,
                                                                                                          E. Attainment Demonstration and
                                                  approval of these ordinances into the                                                                         and RACM/RACT requirements
                                                                                                          Modeling
                                                  SIP on December 26, 2013 (78 FR                                                                               explicitly require the evaluation of
                                                  78315), and we are not taking comment                     Section 189(a)(1)(B) requires that a                available control measures for direct
                                                  on those provisions.                                    Moderate area nonattainment plan                      PM2.5 emissions and precursor
                                                    In our March 25, 2014 action, the EPA                 contain either a demonstration that the               emissions from stationary, area, and
                                                  also approved road sanding agreements                   plan will provide for attainment by the               mobile sources in order to attain as
                                                  between the IDEQ, Franklin County                       applicable attainment date, or a                      expeditiously as practicable. Section
                                                  Road and Bridge, and the Idaho                          demonstration that attainment by such                 189(e) requires the control of
                                                  Transportation Department to reduce                     date is impracticable. Due to the multi-              appropriate precursors from major
                                                  the contribution of primary PM2.5 from                  state nature of the shared Logan UT–ID                stationary sources, unless the
                                                  reentrained dust on paved roads.                        air shed and the location of the violating            Administrator determines that precursor
                                                  Although the road sanding agreements                    monitor in Logan, Utah, the Utah                      emissions from such major stationary
                                                  were expected to reduce emissions of                    Department of Air Quality (UDAQ)                      sources do not contribute significantly
                                                  PM2.5, we determined that the                           conducted the attainment                              to nonattainment in the area.
                                                  agreements were not directly                            demonstration for the entire                             Subpart 4 expressly requires control
                                                  enforceable. However, the road sanding                  nonattainment area with IDEQ’s active                 of precursors from major stationary
                                                  agreements are similar to agreements                    participation. This attainment                        sources where direct PM from major
                                                  previously approved by the EPA as                       demonstration was included in                         sources is controlled unless certain
                                                  voluntary measures in the Idaho SIP (70                 Appendix D of IDEQ’s 2012 SIP                         conditions are met; however, other
                                                  FR 29247), and consistently                             submittal. In response to the EPA’s 2014              sources of precursors may also need to
                                                  implemented by the relevant state and                   Classification and Deadline Rule, IDEQ                be controlled for the purposes of
                                                  county governments.1 Accordingly, the                   again worked with the UDAQ to update                  demonstrating attainment as
                                                  EPA approved the road sanding                           the attainment demonstration with new                 expeditiously as practicable in a given
                                                  agreements as voluntary measures in                     modeling based on more recent                         area. Thus, the statute requires states
                                                                                                          emission inventory information. This                  with Moderate nonattainment areas to
                                                  accordance with existing guidance.2
                                                                                                          updated modeling, cited in the 2014                   evaluate available control measures for
                                                  Lastly, in the 2012 SIP submittal and
                                                                                                          amendment, demonstrated attainment                    all sources of direct PM2.5 and PM2.5
                                                  2014 amendment, the IDEQ also
                                                                                                          by the subpart 4 attainment date of                   precursor emissions to determine
                                                  quantified the emission reduction
                                                                                                          December 31, 2015.                                    whether such measures are
                                                  benefits from three woodstove change-                     The EPA is proposing to disapprove
                                                  out programs conducted in 2006–2007,                                                                          economically and technologically
                                                                                                          the attainment demonstration because                  feasible, and to adopt all measures that
                                                  2011–2012, and 2013–2014 that                           the area did not, in fact, attain the
                                                  replaced a total of 212 units, with                                                                           are deemed reasonable and are
                                                                                                          NAAQS by December 31, 2015.                           necessary to demonstrate attainment as
                                                  annual estimated emissions reductions
                                                  of 8.04 tons per year (tpy) PM2.5, 0.47                 F. Characterization of the Franklin                   expeditiously as possible (e.g., all
                                                  tpy NOX, and 18.57 tpy VOC. Further                     County Air Shed                                       measures constituting RACM and RACT
                                                                                                                                                                controls for sources located in the area).
                                                  details on these control measures can be                   In evaluating the 2012 SIP submission              The EPA has interpreted subpart 4 to
                                                  found in the docket for this action as                  and 2014 amendment under the                          require control of precursors from all
                                                  well as in the proposed and final                       requirements of subpart 4, control of                 source categories in a given
                                                  Federal Register notices approving                      direct PM2.5 and precursors must be                   nonattainment area, unless there is a
                                                  these measures (78 FR 78315 and 79 FR                   considered. According to CAA section                  demonstration that controlling a
                                                  16201). The EPA is not taking comment                   302(g) the term ‘‘air pollutant’’ means               precursor or precursors is not necessary
                                                  on these approved actions.                              any air pollution agent or combination                for expeditious attainment of the
                                                  Attainment Plan Elements Proposed for                   of such agents, including any physical,               NAAQS in the area.
                                                  Approval and Disapproval                                chemical, biological, radioactive                        As discussed in the EPA’s 1992
                                                                                                          (including source material, special                   General Preamble, in the event that a
                                                  D. Attainment Date                                      nuclear material, and by product                      state’s attainment plan includes controls
                                                     The CAA requirements of subpart 4                    material) substance or matter which is                on major stationary sources for PM10 in
                                                  include a demonstration that a                          emitted into or otherwise enters the                  order to achieve timely attainment in
                                                  nonattainment area will meet applicable                 ambient air. Such term includes any                   the area, section 189(e) requires controls
                                                  NAAQS within the timeframe provided                     precursors to the formation of any air                of all PM10 precursors for major
                                                  in the statute (section 189(a)(1)(B)). For              pollutant, to the extent the                          stationary sources located within the
                                                  the 2006 PM2.5 24-hour NAAQS, an                        Administrator has identified such                     area, unless there is a showing that such
                                                  attainment plan must show that a                        precursor or precursors for the                       sources do not contribute significantly
                                                  Moderate nonattainment area will attain                 particular purpose for which the term                 to violations in the area (57 FR 13541).
                                                  the standard as expeditiously as                        ‘‘air pollutant’’ is used. The provisions             Thus, the EPA’s interpretation of
                                                                                                          of subpart 4 do not define the term                   subpart 4 requirements with respect to
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                                                  practicable but no later than the end of
                                                  the sixth calendar year after the area’s                ‘‘precursor’’ for purposes of particulate             precursors in attainment plans for PM10
                                                                                                          matter, nor do they explicitly require                contemplates that states may develop
                                                    1 In a letter dated February 26, 2016, included in    the control of any specifically identified            attainment plans that regulate only
                                                  the docket for this action, the IDEQ included an        precursor. However, the EPA has long                  those precursors that contribute
                                                  update on the continued implementation of the           recognized the scientific basis for                   significantly to nonattainment in the
                                                  road sanding agreement with Franklin County Road
                                                  and Bridge.                                             concluding that SO2, NOX, VOC, and                    area in question, i.e., states may
                                                    2 Incorporating Emerging and Voluntary Measures       ammonia are precursors to PM10 and to                 determine that only certain precursors
                                                  in a State Implementation Plan (Sept. 2004).            PM2.5 (81 FR 58018–19).                               need be regulated for attainment


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                                                                        Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules                                         74745

                                                  purposes. Id.; see also Assoc. of Irritated             the Valley’s urban area (Logan) and a                 consideration of the impacts on such
                                                  Residents v. EPA, et al., 423 F.3d 989                  rural location (Amalga), showed the                   entities, and the possibility of partial
                                                  (9th Cir. 2005). The EPA maintains that                 rural area averaged ≈2.5 times the NH3                implementation when full
                                                  application of this same approach to                    of the urban site.’’ As a result of this              implementation would be infeasible
                                                  PM2.5 precursors under subpart 4 is                     analysis, all scientific precursors to                (e.g., phased implementation of
                                                  appropriate and reasonable (81 FR                       PM2.5, including VOCs and ammonia,                    measures such as road paving). 57 FR
                                                  58020–22).                                              were considered as part of the 2012 SIP               13540.
                                                     The General Preamble describes the                   submittal and 2014 amendment.                            With respect to RACT requirements,
                                                  assessment of precursors as specific to                                                                       the EPA’s existing guidance in the
                                                  each nonattainment area, and                            G. Reasonably Available Control                       General Preamble: (1) Noted that RACT
                                                  acknowledges that the determination of                  Technology/Reasonably Available                       has historically been defined as ‘‘the
                                                  precursor significance would likely vary                Control Measures (RACT/RACM)                          lowest emission limit that a source is
                                                  based on the characteristics of the area-                  The general SIP planning                           capable of meeting by the application of
                                                  wide nonattainment problem. The                         requirements for nonattainment areas                  control technology that is reasonably
                                                  General Preamble further provides that                  under subpart 1 include section                       available considering technological and
                                                  in making a determination regarding the                 172(c)(1), which requires                             economic feasibility;’’ (2) noted that
                                                  significance of precursors, the EPA will                implementation of all RACM (including                 RACT generally applies to stationary
                                                  rely on technical information presented                 RACT). The CAA section 172(c)                         sources, both stack and fugitive
                                                  in the state’s submittal, including filter              indicates that what constitutes RACM or               emissions; (3) suggested that major
                                                  analysis, the relative contribution to                  RACT is related to what is necessary for              stationary sources be the minimum
                                                  overall nonattainment, the selected                     attainment in a given area, as the                    starting point for a state’s RACT
                                                  control strategies, as well as other                    provision states that nonattainment                   analysis; and (4) recommended that
                                                  relevant factors (57 FR 13541). The                     plans shall provide for attainment of the             states evaluate RACT not only for major
                                                  recent PM2.5 Implementation Rule also                   NAAQS in the area covered by the                      stationary sources, but for other source
                                                  discusses the types of technical analyses               attainment plan.                                      categories as needed for attainment and
                                                  that states may perform to demonstrate                     The SIP requirements under subpart 4               considering the feasibility of controls.
                                                  the significance or insignificance of a                 likewise impose upon states an                        Id. at 13541
                                                  particular precursor. (81 FR 58020–22);                 obligation to develop attainment plans                   For both RACM and RACT, the EPA
                                                  40 CFR 51.1006.                                         that impose RACM and RACT on                          notes that an overarching principle is
                                                     The IDEQ’s 2012 SIP submittal                        sources within a nonattainment area.                  that if a given control measure is not
                                                  contained a detailed analysis of the                    Section 189(a)(1)(C) requires that states             needed to attain the relevant NAAQS in
                                                  Logan UT–ID air shed (see Appendix A,                   with areas classified as Moderate                     a given area as expeditiously as
                                                  Special Air Quality Studies, PM2.5                      nonattainment areas must have SIP                     practicable, then that control measure
                                                  Saturation Studies—Utah State                           provisions to assure that RACM and                    would not be required as RACM or
                                                  University). This study concluded that,                 RACT level controls are implemented                   RACT because it would not be
                                                  ‘‘the Cache Valley (Logan UT–ID) PM2.5                  by no later than four years after                     reasonable to impose controls that are
                                                  nonattainment is somewhat uniquely a                    designation of the area. As with subpart              not in fact needed for attainment
                                                  wintertime problem, when low lying,                     1, the terms RACM and RACT are not                    purposes. In making recommendations
                                                  persistent radiation and subsidence                     defined within subpart 4. Nor do the                  for the subpart 4 RACM and RACT
                                                  inversions set up, trapping pollutants in               provisions of subpart 4 specify how                   requirements, the focus is upon the
                                                  the Valley for extended periods of time,                states are to meet the RACM and RACT                  process to identify emissions sources, to
                                                  thereby allowing photochemically-                       requirements. However, the EPA’s                      evaluate potential emissions controls,
                                                  derived particulate material to become                  longstanding guidance in the General                  and to impose those control measures
                                                  elevated. Chemical analysis by                          Preamble provides recommendations for                 that are reasonable and that are
                                                  researchers at Utah’s Division of Air                   appropriate considerations for                        necessary to bring the area into
                                                  Quality and Air Monitoring Center, as                   determining what control measures                     attainment as expeditiously as
                                                  well as Utah State University, have                     constitute RACM and RACT for                          practicable, but by no later than the
                                                  shown that 50–95% of the PM2.5                          purposes of meeting the statutory                     attainment date for the area. The only
                                                  collected at the Logan site is composed                 requirements of subpart 4.                            exception is if the economically and
                                                  of ammonium nitrate (NH4NO3).’’ This                       The EPA’s guidance for RACM under                  technically feasible measures not
                                                  secondary formation of ammonium                         subpart 4 in the General Preamble                     necessary to attain by the outermost
                                                  nitrate is due in large part to NOX and                 includes: (1) A list of some potential                attainment date and adopted as RACT/
                                                  VOC emissions from onroad motor                         measures for states to consider; (2) a                RACM will collectively advance
                                                  vehicles combining with the abundant                    statement of the EPA’s expectation that               attainment by at least a year. If that is
                                                  levels of ammonia from small cattle                     the state will provide a reasoned                     the case, the additional measures must
                                                  operations, agricultural fields, and                    explanation for a decision not to adopt               be adopted.
                                                  natural and constructed wetlands in the                 a particular control measure; (3)                        The new PM2.5 Implementation Rule
                                                  greater air shed, both within and                       recognition that some control measures                adopts a process oriented analysis
                                                  surrounding the nonattainment area.                     might be unreasonable because the                     similar to the approaches set forth in the
                                                  The study concluded that, ‘‘based on                    emissions from the affected sources in                General Preamble and the remanded
                                                  measurements at the Logan location, the                 the area are de minimis; (4) an emphasis              2007 PM2.5 Implementation Rule (81
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                                                  Valley’s wintertime formation of                        on state evaluation of potential control              FR 58035–47); 40 CFR 51.1009.
                                                  ammonium nitrate was found to be                        measures for reasonableness,                             Consistent with EPA guidance at the
                                                  limited by the availability of nitric acid              considering factors such as                           time, the IDEQ evaluated which
                                                  (HNO3). Furthermore, the report stated                  technological feasibility and the cost of             measures would constitute RACM and
                                                  that the Cache Valley was found to be                   control; and (5) encouragement that                   RACT in Franklin County.
                                                  NH3-rich by a factor of approximately                   states evaluating potential control                      1. The IDEQ evaluated the technical
                                                  two. Comparisons of wintertime                          measures imposed upon municipal or                    and economic feasibility of establishing
                                                  ambient NH3 concentrations between                      other governmental entities also include              a motor vehicle inspection and


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                                                  74746                        Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules

                                                  maintenance (I&M) program for Franklin                                    NOX emissions reduction for Franklin                   for attainment and considering the
                                                  County (Appendix C of the 2012 SIP                                        County (15 tons per year) yields an                    feasibility of controls. In developing the
                                                  submittal). Modeling conducted by the                                     estimated cost per ton of NOX reduced                  emissions inventories underlying the
                                                  UDAQ, using the EPA’s Motor Vehicle                                       of at least $20,000 per ton. The IDEQ                  2012 SIP submittal and 2014
                                                  Emission Simulator (MOVES) model,                                         also calculated the cost per vehicle                   amendment, the criteria of 40 CFR 51
                                                  showed expected NOX reductions of                                         (approximately 8,574 vehicles) to be $70               for air emissions reporting requirements
                                                  4.6% from implementing an I&M                                             per vehicle based on a two year                        under the EPA’s National Emissions
                                                  program generally. Projecting this                                        inspection cycle. Given ongoing vehicle                Inventory (NEI) was used to establish a
                                                  anticipated NOX reduction to Franklin                                     fleet turnover with newer, cleaner Tier                100 tpy threshold for identifying
                                                  County’s share of the overall Logan UT–                                   2 and 3 vehicles since the IDEQ’s 2012                 stationary point sources. For Franklin
                                                  ID motor vehicle fleet (approximately                                     SIP submittal, these costs relative to                 County there are no point sources with
                                                  10%) yields a potential NOX reduction                                     expected NOX reductions have likely
                                                                                                                                                                                   the potential to emit 100 tpy of PM2.5 or
                                                  benefit of 0.46% for the air shed. The                                    increased as the small percentage of pre-
                                                                                                                                                                                   any PM2.5 plan precursor. As described
                                                  IDEQ estimated the cost of establishing                                   1996 motor vehicles most likely to fail
                                                                                                                                                                                   in Appendix B of the IDEQ’s 2012 SIP
                                                  an I&M program for Franklin County                                        an I&M test for NOX and VOC emissions
                                                  based on an existing I&M station in                                       are retired from the vehicle fleet. For                submittal, emissions from point sources
                                                  Canyon County, Idaho (population                                          these reasons, the IDEQ determined that                under the EPA’s NEI reporting threshold
                                                  198,871 in 2013). The IDEQ then scaled                                    a Franklin County I&M program was not                  of 100 tpy were included in the area
                                                  the potential costs of this program to                                    a reasonable control approach based on                 source base-year emissions inventory.
                                                  reflect the population of Franklin                                        factors including the cost of control and              For Franklin County, due to its rural
                                                  (12,854 in 2013). The IDEQ found that                                     economic feasibility.                                  nature and general lack of industrial
                                                  while some variable costs may be                                             2. As discussed above, the General                  base, emissions from these industrial
                                                  reduced, the annual fixed costs of                                        Preamble suggests that major stationary                and commercial source categories are
                                                  keeping a basic I&M station operational                                   sources be the minimum starting point                  generally insignificant compared to
                                                  remained quite high (total annual                                         for a state’s RACT analysis and                        other source categories. For these
                                                  estimated cost would be approximately                                     recommended that states evaluate RACT                  reasons, the IDEQ considered RACT
                                                  $300,000). The IDEQ calculated that                                       not only for major stationary sources,                 requirements satisfied for Franklin
                                                  dividing this annual cost by the expect                                   but for other source categories as needed              County.

                                                                         TABLE 1—FRANKLIN COUNTY 2008 WINTER EMISSIONS INVENTORY IN TONS PER EPISODE DAY
                                                                                 Source category                                                PM2.5                 NOX             SO2            VOC            NH3

                                                  Agriculture, crops, and livestock ..........................................                       0.008                   0                  0       2.763            4.65
                                                  Gasoline, bulk, and stations ................................................                           0                  0                  0           0               0
                                                  Commercial cooking ............................................................                         0                  0                  0           0               0
                                                  Construction dust .................................................................                0.014                   0                  0           0               0
                                                  Fuel combustion, industrial ..................................................                     0.006               0.087              0.061       0.001           0.002
                                                  Fuel combustion, commercial/institutional ...........................                              0.004                0.07              0.018       0.001               0
                                                  Fuel combustion, residential non-wood ...............................                              0.001               0.049              0.014       0.002           0.008
                                                  Fuel combustion, residential wood ......................................                              0.1              0.009              0.002       0.138               0
                                                  Miscellaneous Commercial/Industrial Processes ................                                     0.001               0.001                  0           0           0.008
                                                  Solvent, commercial and consumer ....................................                                   0                  0                  0        0.14               0
                                                  Solvent, commercial and industrial ......................................                               0                  0                  0        0.26               0
                                                  Waste disposal .....................................................................                    0                  0                  0       0.008               0
                                                  Mobile, emissions ................................................................                 0.028               0.711              0.004       0.498           0.008
                                                  Mobile, road dust .................................................................                0.596                   0                  0           0               0
                                                  Nonroad mobile ....................................................................                0.035               0.428              0.009       0.636               0
                                                  Point sources .......................................................................                   0                  0                  0           0               0

                                                        Totals ............................................................................          0.793               1.355              0.108       4.447           4.676



                                                    3. As previously discussed in the                                       attainment demonstration.3 As part of                  City of Oxford, City of Preston, and City
                                                  Control Measures section, the IDEQ                                        the 2014 amendment, the IDEQ                           of Weston ordinances implementing the
                                                  submitted road sanding agreements                                         submitted revised road sanding                         mandatory woodstove curtailment and
                                                  negotiated between the IDEQ, Franklin                                     agreements to address the EPA’s                        burn ban program (79 FR 16201, March
                                                  County Road and Bridge, and the Idaho                                     enforceability concerns. While these                   25, 2014). The EPA is now proposing to
                                                  Department of Transportation to reduce                                    revised road sanding agreements                        determine that these ordinances already
                                                  PM2.5 emissions from re-entrained road                                    improve on potential enforceability,                   approved into the Idaho SIP satisfy our
                                                  dust. In our March 25, 2014 final                                         they still do not meet our enforceability              criteria for RACM under subpart 1 and
                                                  approval of the road sanding agreements                                   criteria to be approved as full control                subpart 4. The EPA also notes that
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                                                                                                                            measures meeting RACM requirements.                    because the ordinances banned the sale
                                                  as voluntary measures, we explained
                                                                                                                              4. As previously discussed in the
                                                  that the agreements were not directly                                                                                            or installation of non-EPA certified
                                                                                                                            Control Measures section, the EPA
                                                  enforceable and could not be considered                                                                                          devices in new or existing buildings in
                                                                                                                            approved the permanent and
                                                  as full control measures, with full                                       enforceable Franklin County, City of                   Franklin County jurisdictions, the three
                                                  emission reduction credit under the                                       Clifton, City of Dayton, Franklin City,                woodstove change-out programs
                                                                                                                                                                                   conducted in 2006–2007, 2011–2012,
                                                                                                                              3 Incorporating Emerging and Voluntary Measures      and 2013–2014, that replaced 212 units,
                                                                                                                            in a State Implementation Plan (Sept. 2004).           can be considered to have permanent,


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                                                                        Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules                                           74747

                                                  enforceable, and lasting emission                       runs, conducted by UDAQ in                             NH3, and direct PM2.5, to determine
                                                  reductions in the nonattainment area,                   cooperation with IDEQ, also showed                     possible control measures (see pages
                                                  estimated to be 8.04 tpy PM2.5, 0.47 tpy                that significant reductions in the                     38–41). Pursuant to that analysis, IDEQ
                                                  NOX, and 18.57 tpy VOC.                                 ammonia inventories would have little                  identified and established the
                                                    The EPA is proposing to approve the                   to no effect on predicted PM2.5                        mandatory woodstove curtailment
                                                  woodstove curtailment, device                           concentrations.4 As such, one of the                   program, burn ban, heating device
                                                  restrictions and burn ban control                       most significant control measures for                  restrictions and the woodstove change-
                                                  measures discussed above, and already                   the area as a whole, was Utah’s                        out programs discussed above to satisfy
                                                  incorporated into the SIP, as meeting                   establishment of an I&M program to                     the RACM requirement for the
                                                  the requirements of RACM. We are                        reduce NOX and VOCs from on-road                       predominant emissions sources in the
                                                  proposing to approve IDEQ’s                             motor vehicles. As discussed above,                    county, with estimated emission
                                                  determination that an I&M program for                   IDEQ also assessed the economic                        reductions greater than 0.13 tons per
                                                  Franklin County is not economically                     feasibility of establishing an I&M                     episode day. The IDEQ also determined
                                                  feasible under RACM. We are also                        program to reduce NOX and VOCs, but                    reasonable measures beyond the Tier 2
                                                  proposing to approve IDEQ’s                             found that the estimated $20,000+ per                  Federal Motor Vehicle Emission
                                                  determination that RACT controls are                    ton reduction of NOX renders the cost                  Requirements, the diesel emission
                                                  not necessary given the lack of                         unreasonable and thus not RACM. IDEQ                   reduction program, the commuter bus
                                                  stationary sources in the county.                       also considered other potential NOX                    service, and the Park-n-Ride lots already
                                                  Not Possible To Advance Attainment by                   controls such as controls for home                     in place for the area are not available for
                                                  One Year                                                heating of natural gas or distillate oil,              mobile emissions. The EPA has
                                                                                                          but determined it was prohibitively                    reviewed the comprehensive emissions
                                                     Under the attainment plan                            expensive given the tiny proportion of                 inventory information, as summarized
                                                  requirements, an area must implement                    the emissions inventory for those                      in Table 1. Based on the 2012 submittal
                                                  all reasonable control measures that are                sources (see Table 1). The potential for               and 2014 amendment, the EPA proposes
                                                  not necessary to attain by the outermost                VOC and SO2 reductions from Franklin                   to find that IDEQ has satisfied the
                                                  attainment date, if such measures would                 County sources was similarly small.                    RACM requirement for the Idaho
                                                  advance the date of attainment by an                    While the emissions inventory shows                    portion of the area.
                                                  estimated one year. At the time of the                  some potential for reducing VOC
                                                  IDEQ’s December 24, 2014 amendment,                                                                            H. Contingency Measures
                                                                                                          emission from commercial, consumer,
                                                  the State and the EPA had access to                     and industrial solvents, IDEQ noted that                 Contingency measures are additional
                                                  monitoring data showing that it would                   many of these products are purchased in                measures to be implemented in the
                                                  not be possible to advance attainment                   the more populous retail center in                     event that an area fails to attain a
                                                  by one year (December 31, 2014) due to                  Logan, Utah. Therefore the Utah VOC                    standard by its attainment date, or fails
                                                  expected 3-year average of 24-hour                      controls for these products would have                 to meet Reasonable Further Progress
                                                  PM2.5 concentrations of 40 mg/m3 at the                 an air shed wide impact. Lastly, IDEQ                  (RFP). See CAA section 172(c)(9); 81 FR
                                                  Franklin monitor, and 45 mg/m3 at the                   notes that MOVES modeling conducted                    58066. These measures must be fully
                                                  Logan, Utah monitor, based on                           as part of the 2012 submittal, using a                 adopted rules or control measures that
                                                  preliminary 2012–2014 data. Therefore,                  2008 base year, predicted VOC                          take effect with minimal further action
                                                  we are proposing to approve IDEQ’s                      emissions reductions from on-road                      by the state or the EPA. Contingency
                                                  determination that it was not possible to               mobile sources of 37% by January 1,                    measures should also contain trigger
                                                  advance the attainment date by one-year                 2015, due to fleet turnover with cleaner               mechanisms and an implementation
                                                  and that they implemented all                           Tier 2 vehicles. IDEQ did assess                       schedule. In addition, they should be
                                                  reasonable available control measures                   potential SO2, NOX, VOC, and NH3                       measures not already included in the
                                                  identified.                                                                                                    SIP control strategy, and should provide
                                                                                                          reductions from Idaho-specific control
                                                                                                                                                                 for emission reductions equivalent to
                                                  Precursors Addressed                                    measures. However, due to the sparse
                                                                                                                                                                 one year of RFP.
                                                     As discussed in the ‘‘Characterization               population and generally small
                                                                                                                                                                    The EPA explained that the April 16,
                                                  of the Franklin County Air Shed’’                       emissions inventories, the direct PM2.5                1992 General Preamble provided the
                                                  section above, secondary formation of                   control measures discussed above                       following guidance: ‘‘States must show
                                                  ammonium nitrate (NH4NO3) is the most                   (woodstoves and road sanding) were                     that their contingency measures can be
                                                  dominant source of PM2.5 in the valley                  deemed as the only viable and                          implemented without further action on
                                                  (approximately 80% of the PM2.5). Due                   economically feasible measures possible                their part and with no additional
                                                  to the unique topography of being                       to impose as RACM.                                     rulemaking actions such as public
                                                  surrounded by steep mountain ranges                     Overall RACM Analysis                                  hearings or legislative review. In
                                                  approximately 3,000 to 5,000 feet above                   IDEQ’s analysis of potential control                 general, EPA will expect all actions
                                                  the Cache Valley floor, this air shed is                measures under RACM was informed by                    needed to affect full implementation of
                                                  particularly susceptible to wintertime                  the emissions inventory for the area (see              the measures to occur within 60 days
                                                  inversion events. During these inversion                pages 23–29 of the 2012 submittal). As                 after EPA notifies the State of its
                                                  events VOCs and NOX emissions                           discussed above, many of the source                    failure.’’ (57 FR at 13512). The statute
                                                  (primarily from on-road motor vehicles)                 categories in the Franklin County                      requires that contingency measures
                                                  are trapped in a shallow layer of air                                                                          provide for additional emission
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                                                                                                          portion of the nonattainment area have
                                                  with ammonia emissions (primarily                       negligible emissions due to the sparse                 reductions that are not relied on for RFP
                                                  from agricultural operations) to form                   population and rural nature of the                     or attainment and that are not included
                                                  ammonium nitrate. The 2012 submittal                    county. IDEQ then analyzed the                         in the demonstration. The purpose of
                                                  included the Utah State University                      emissions inventory for SO2, NOX, VOC,                 contingency measures is to provide a
                                                  Special Air Quality Studies which                                                                              cushion while the plan is being revised
                                                  determined that the air shed was                          4 See page 17 of Cache Valley Air Quality Studies,   to meet the missed milestone and
                                                  ammonia rich by a factor of                             included as Appendix A of IDEQ’s 2012 SIP              continue progress towards expeditious
                                                  approximately two. Modeled sensitivity                  submission.                                            attainment. In other words, contingency


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                                                  74748                  Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules

                                                  measures are intended to achieve                             The IDEQ’s 2012 SIP submittal was                     agreements effective July 16, 2012 and
                                                  reductions over and beyond those relied                   developed to meet the subpart 1 RFP                      October 25, 2012. The control measures
                                                  on in the attainment and RFP                              requirements, and the 2014 amendment                     in the IDEQ’s attainment plan were in
                                                  demonstrations.                                           was intended to address the D.C.                         place and achieving reductions within
                                                     In its 2012 SIP submittal, the IDEQ                    Circuit’s determination that the subpart                 three years of submission. The State
                                                  relied on two sets of measures as                         4 requirements apply to PM2.5 NAAQS;                     relied upon these control measures, in
                                                  contingency measures: Idaho control                       however, the IDEQ submittals do not                      addition to the Utah control measures,
                                                  measures that had already been adopted                    include quantitative milestones as                       to provide the bulk of the emissions
                                                  and implemented but which were not                        required pursuant to section 189(c).                     reductions projected to bring the area
                                                  included or accounted for in UDAQ’s                       Specifically, section 189(c) provides                    into attainment, and those measures
                                                  attainment demonstration modeling;                        that an attainment plan must have                        were achieving reductions during the
                                                  and the contingency measures included                     quantitative milestones which are to be                  three years from the subpart 4
                                                  in Utah’s 2012 SIP submission. IDEQ                       achieved every three years until the area                attainment plan submission date.
                                                  asserted that such measures collectively                  is redesignated to attainment, and                       However, the IDEQ’s SIP submittal did
                                                  would achieve emission reductions                         which demonstrate reasonable further                     not specify whether such measures were
                                                  resulting in a 0.2 mg per year reduction,                 progress toward attainment by the                        also included for the purposes of RFP
                                                  equaling one year’s worth of emission                     applicable attainment date.6 While the                   and quantitative milestones. If properly
                                                  reductions necessary to achieve RFP at                    SIP submittals did identify one measure                  accounted for and specified in the SIP
                                                  the time of IDEQ’s 2012 submittal.                        of RFP (i.e. that the area will attain by                submittal, such reductions might be
                                                  While the IDEQ asserts that the 0.2 mg                    the attainment date), the SIP submittals                 sufficient to provide the necessary
                                                  per year reduction would occur, the                       do not adequately address the RFP                        demonstration of RFP for use in a
                                                  reductions are not quantified in the                      requirement or provide specific                          quantitative milestones report.
                                                  UDAQ modeling. The EPA is therefore                       quantitative milestone as required
                                                  proposing to disapprove the IDEQ’s                                                                                 J. Motor Vehicle Emissions Budget
                                                                                                            pursuant to section 189(c). For this
                                                  contingency measure plan element.5                        reason, we propose to disapprove the                        Section 176(c) of the CAA requires
                                                                                                            SIP with respect to the RFP and                          Federal actions in nonattainment and
                                                  I. Reasonable Further Progress (RFP)                                                                               maintenance areas to ‘‘conform to’’ the
                                                  and Quantitative Milestones                               quantitative milestones requirements.
                                                                                                               While the specific RFP and                            goals of SIPs. This means that such
                                                     For PM2.5 nonattainment areas, two                     quantitative milestones requirements                     actions will not cause or contribute to
                                                  statutory provisions apply regarding                      were not satisfied in the SIP submittals,                violations of a NAAQS, worsen the
                                                  RFP and quantitative milestones. First,                   the IDEQ’s attainment plan did contain                   severity of an existing violation, or
                                                  under subpart 1, CAA section 172(c)(2)                    control measures that were                               delay timely attainment of any NAAQS
                                                  requires attainment plans to provide for                  implemented after the area was                           or any interim milestone. Actions
                                                  RFP, which is defined in CAA section                      designated nonattainment. For example,                   involving Federal Highway
                                                  171(l) as ‘‘such annual incremental                       the woodstove curtailment and burn ban                   Administration (FHWA) or Federal
                                                  reductions in emissions of the relevant                   ordinances were adopted and in place                     Transit Administration (FTA) funding
                                                  air pollutant as are required by [Part D                  during the summer and fall of 2012. In                   or approval are subject to the
                                                  of Title I] or may reasonably be required                 addition, the woodstove change-out                       transportation conformity rule (40 CFR
                                                  by the Administrator for the purpose of                   programs conducted in 2006–2007 and                      part 93, subpart A). Under this rule,
                                                  ensuring attainment of the applicable                     2011–2012, had already commenced                         metropolitan planning organizations
                                                  national ambient air quality standard by                  and achieved sustained and quantifiable                  (MPOs) in nonattainment and
                                                  the applicable date.’’ Reasonable further                 emission reductions of 8.04 tons per                     maintenance areas coordinate with state
                                                  progress is a requirement to assure that                  year (tpy) PM2.5, 0.47 tpy NOX, and                      air quality and transportation agencies,
                                                  states make steady, incremental progress                  18.57 tpy VOC. The IDEQ calculated the                   the EPA, the FHWA, and the FTA to
                                                  toward attaining air quality standards,                   emissions reductions associated with                     demonstrate that their long-range
                                                  rather than deferring implementation of                   the number of woodstoves exchanged in                    transportation plans and transportation
                                                  control measures and thereby emission                     each of those years. In addition, the                    improvement programs (TIPs) conform
                                                  reductions until sometime just before                     IDEQ quantified the estimated reduction                  to applicable SIPs. This demonstration
                                                  the date by which the standard is to be                   in PM2.5 reentrained road dust                           is typically determined by showing that
                                                  attained. Second, under subpart 4, CAA                    emissions from the road sanding                          estimated emissions from existing and
                                                  section 189(c) requires that attainment                                                                            planned highway and transit systems
                                                  plan submissions have ‘‘quantitative                        6 The EPA’s General Preamble and Addendum              are less than or equal to the motor
                                                  milestones which are to be achieved                       provide guidance interpreting the RFP and                vehicle emissions budgets (budgets)
                                                                                                            quantitative milestone requirements of subpart 4         contained in a SIP.
                                                  every 3 years until the area is                           and were available at the time IDEQ submitted the
                                                  redesignated to attainment and which                      2014 addendum. See General Preamble, 57 FR
                                                                                                                                                                        For budgets to be approvable, they
                                                  demonstrate reasonable further progress                   13539; Addendum, 59 FR 42015–17. The EPA’s               must meet, at a minimum, the EPA’s
                                                  . . . toward attainment by the                            guidance recommendations with respect to section         adequacy criteria (40 CFR 93.118(e)(4)).
                                                                                                            189(c) include several relevant features: (1) That the   One of the adequacy criteria requires
                                                  applicable date.’’                                        control measures comprising the RFP should be
                                                                                                            implemented and in place to meet the milestone
                                                                                                                                                                     that motor vehicle emissions budgets
                                                     5 We also note that the 9th Circuit Court of           requirement; (2) that it is reasonable for the three     when considered together with all other
                                                  Appeals recently rejected EPA’s interpretation of         year periods for milestones to run from the date that    emissions sources, are consistent with
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                                                  CAA section 172(c)(9) as allowing for early               the attainment plan submission is due; and (3) that      the applicable requirements for
                                                  implementation of contingency measures. Bahr v.           the precise form quantitative milestones should
                                                  EPA, No. 12–72327 (Sept. 12, 2016). The Court             take is not specified and they may take whatever
                                                                                                                                                                     reasonable further progress, attainment
                                                  concluded that contingency measures must take             form would allow progress to be quantified or            or maintenance (40 CFR
                                                  effect at the time the area fails to make RFP or attain   measured adequately. The guidance contains a             93.118(e)(4)((iv)). In this case the
                                                  by the applicable attainment date, not before. Id.at      partial list of potential approaches, including          applicable requirement is attainment of
                                                  35–36. The IDEQ control measures, which have              percent implementation of control strategies,
                                                  already been implemented, do not meet the                 percent compliance with implemented control
                                                                                                                                                                     the 2006 24-hour PM2.5 NAAQS. The
                                                  standard for section 172(c)(9) contingency measures       measures, and adherence to a compliance schedule.        Cache Valley NAA failed to attain the
                                                  set out by the Bahr decision.                             See Addendum, 59 FR 42016.                               2006 24-hour PM2.5 NAAQS by


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                                                                        Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules                                           74749

                                                  December 31, 2014.7 Therefore, the                      required SIP revision or finalizes                     EPA’s role is to approve state choices,
                                                  submitted motor vehicle emissions                       disapproval of the required SIP revision,              provided that they meet the criteria of
                                                  budgets do not meet the aforementioned                  or a portion thereof, the EPA must                     the CAA. Accordingly, this action
                                                  adequacy criterion. We are proposing to                 promulgate a FIP no later than 2 years                 merely approves state law as meeting
                                                  disapprove the submitted budgets                        from the date of the finding if the                    Federal requirements and does not
                                                  consistent with our proposed                            deficiency has not been corrected                      impose additional requirements beyond
                                                  disapproval of the attainment                           within that time period.                               those imposed by state law. For that
                                                  demonstration for the Idaho portion of                                                                         reason, this action:
                                                  the area.                                               Ramifications Regarding Conformity                        • Is not a ‘‘significant regulatory
                                                                                                             One consequence if EPA finalizes                    action’’ subject to review by the Office
                                                  III. Consequences of a Disapproved SIP
                                                                                                          disapproval of a control strategy SIP                  of Management and Budget under
                                                     This section explains the                            submission is a conformity freeze.9 If we              Executive Order 12866 (58 FR 51735,
                                                  consequences of a disapproval of a SIP                  finalize the disapproval of the                        October 4, 1993);
                                                  under section 110(k) of the Act. The Act                attainment demonstration SIP without a                    • Does not impose an information
                                                  provides for the imposition of sanctions                protective finding, a conformity freeze                collection burden under the provisions
                                                  and the promulgation of a federal                       will be in place as of the effective date              of the Paperwork Reduction Act (44
                                                  implementation plan (FIP) if a state fails              of the disapproval (40 CFR 93.120(a)(2)).              U.S.C. 3501 et seq.);
                                                  to submit and the EPA approve a plan                    The Idaho portion of the Cache Valley                     • Is certified as not having a
                                                  revision that corrects the deficiencies                 NAA is a ‘‘donut area’’ as defined in the              significant economic impact on a
                                                  identified by the EPA in its disapproval.               transportation conformity rule (40 CFR                 substantial number of small entities
                                                  The Act’s Provisions for Sanctions                      93.101).10 As such, the Idaho portion of               under the Regulatory Flexibility Act (5
                                                                                                          the area does not have a metropolitan                  U.S.C. 601 et seq.);
                                                     If the EPA finalizes disapproval of a                planning organization (MPO) and there                     • Does not contain any unfunded
                                                  required SIP submission, such as an                     is no long range transportation plan or                mandate or significantly or uniquely
                                                  attainment plan submission, or a                        TIP that would be subject to a freeze.                 affect small governments, as described
                                                  portion thereof, section 179(a) provides                However, the freeze does mean that no                  in the Unfunded Mandates Reform Act
                                                  for the imposition of sanctions unless                  new projects in the Idaho portion of the               of 1995 (Pub. L. 104–4);
                                                  the deficiency is corrected within 18                                                                             • Does not have Federalism
                                                                                                          Cache Valley NAA may be found to
                                                  months of the final rulemaking of                                                                              implications as specified in Executive
                                                                                                          conform until another attainment
                                                  disapproval. The first sanction would                                                                          Order 13132 (64 FR 43255, August 10,
                                                                                                          demonstration SIP is submitted and the
                                                  apply 18 months after the EPA                                                                                  1999);
                                                                                                          motor vehicle emissions budgets are
                                                  disapproves the SIP. Under EPA’s                                                                                  • Is not an economically significant
                                                                                                          found adequate or the attainment
                                                  sanctions regulations, 40 CFR 52.31, the                                                                       regulatory action based on health or
                                                                                                          demonstration is approved.
                                                  first sanction imposed at 18 months                                                                            safety risks subject to Executive Order
                                                  following a disapproval is 2:1 offsets for              IV. Proposed Action                                    13045 (62 FR 19885, April 23, 1997);
                                                  sources subject to the new source                         The EPA is proposing to approve the                     • Is not a significant regulatory action
                                                  review requirements under section 173                   woodstove curtailment ordinances, burn                 subject to Executive Order 13211 (66 FR
                                                  of the Act. If the deficiency remains                   ban, heating device restrictions and                   28355, May 22, 2001);
                                                  uncorrected at 24 months after the                      woodstove change-out programs as                          • Is not subject to requirements of
                                                  disapproval a second sanction is                        meeting RACM requirements. However,                    section 12(d) of the National
                                                  imposed consisting of a prohibition on                  for the reasons set forth above and                    Technology Transfer and Advancement
                                                  the approval or funding of certain                      because the area failed to attain by the               Act of 1995 (15 U.S.C. 272 note) because
                                                  highway projects.8 The EPA also has                                                                            application of those requirements would
                                                                                                          December 31, 2015 attainment date, we
                                                  authority under section 110(m) to                                                                              be inconsistent with the Clean Air Act;
                                                                                                          are proposing to determine that the
                                                  impose sanctions on a broader area, but                                                                        and
                                                                                                          IDEQ has not satisfied the attainment
                                                  is not proposing to take such action in
                                                                                                          demonstration, the contingency                            • Does not provide the EPA with the
                                                  today’s rulemaking. The imposition of                                                                          discretionary authority to address, as
                                                                                                          measures, the RFP and quantitative
                                                  sanctions is avoided or stopped by a                                                                           appropriate, disproportionate human
                                                                                                          milestone, and the motor vehicle
                                                  final EPA rulemaking action finding that                                                                       health or environmental effects, using
                                                                                                          emission budget requirements for the
                                                  the state corrected the SIP deficiencies                                                                       practicable and legally permissible
                                                                                                          Franklin County portion of the Logan
                                                  resulting in the disapproval.                                                                                  methods, under Executive Order 12898
                                                                                                          UT–ID area. As such, we are proposing
                                                  Federal Implementation Plan Provisions                  to disapprove these elements.                          (59 FR 7629, February 16, 1994).
                                                  That Apply if a State Fails To Submit                                                                             In addition, this rule does not have
                                                  an Approvable Plan                                      V. Statutory and Executive Order                       tribal implications as specified by
                                                                                                          Reviews                                                Executive Order 13175 (65 FR 67249,
                                                     In addition to sanctions, if the EPA                                                                        November 9, 2000), because the SIP is
                                                  finds that a state failed to submit the                   Under the CAA, the Administrator is
                                                                                                          required to approve a SIP submission                   not approved to apply on any Indian
                                                    7 December 31, 2014 is the attainment date            that complies with the provisions of the               reservation land in Idaho or any other
                                                  associated with the motor vehicle emission budgets      Act and applicable Federal regulations.                area where the EPA or an Indian tribe
                                                  submitted as part of the 2012 submittal. Although       42 U.S.C. 7410(k); 40 CFR 52.02(a).                    has demonstrated that a tribe has
                                                  IDEQ did submit revised emissions and attainment                                                               jurisdiction.
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                                                  year inventories as part of the 2014 supplement,
                                                                                                          Thus, in reviewing SIP submissions, the
                                                  IDEQ did not explicitly submit revised budgets for                                                             List of Subjects in 40 CFR Part 52
                                                                                                            9 Control strategy SIP revisions as defined in the
                                                  the Subpart 4 attainment date of December 31,
                                                  2015).                                                  transportation conformity include reasonable             Environmental protection, Air
                                                    8 On April 1, 1996 the US Department of               further progress plans and attainment                  pollution control, Incorporation by
                                                  Transportation published a notice in the Federal        demonstrations (40 CFR 93.101).                        reference, Nitrogen dioxide, Ozone,
                                                  Register describing the criteria to be used to             10 The Cache Metropolitan Planning Organization

                                                  determine which highway projects can be funded          is responsible for transportation planning in a
                                                                                                                                                                 Particulate matter, Reporting and
                                                  or approved during the time that the highway            portion of Cache County, UT which is part of this      recordkeeping requirements, Sulfur
                                                  sanction is imposed in an area. (See 61 FR 14363)       nonattainment area.                                    oxides, Volatile organic compounds.


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                                                  74750                 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules

                                                    Dated: October 18, 2016.                              discussion of all points you wish to                    (July 1, 1999); see also 70 FR 39104 (July
                                                  Dennis J. McLerran,                                     make. The EPA will generally not                        6, 2005) and 71 FR 60612 (October 13,
                                                  Regional Administrator, Region 10.                      consider comments or comment                            2006).
                                                  [FR Doc. 2016–26016 Filed 10–26–16; 8:45 am]            contents located outside of the primary                    Regional haze is impairment of visual
                                                  BILLING CODE 6560–50–P
                                                                                                          submission (i.e. on the Web, cloud, or                  range or colorization caused by air
                                                                                                          other file sharing system). For                         pollution, principally fine particulate,
                                                                                                          additional submission methods, please                   produced by numerous sources and
                                                  ENVIRONMENTAL PROTECTION                                contact Jennifer Huser, 214–665–7347,                   activities, located across a broad
                                                  AGENCY                                                  huser.jennifer@epa.gov. For the full EPA                regional area. The sources include but
                                                                                                          public comment policy, information                      are not limited to, major and minor
                                                  40 CFR Part 52                                          about CBI or multimedia submissions,                    stationary sources, mobile sources, and
                                                                                                          and general guidance on making                          area sources including non-
                                                  [EPA–R06–OAR–2016–0520; FRL–9952–65–
                                                                                                          effective comments, please visit http://                anthropogenic sources. These sources
                                                  Region 6]
                                                                                                          www2.epa.gov/dockets/commenting-                        and activities may emit fine particles
                                                  Approval and Promulgation of                            epa-dockets.                                            (PM 2.5) (e.g., sulfates, nitrates, organic
                                                  Implementation Plans; Louisiana;                           Docket: The index to the docket for                  carbon, elemental carbon, and soil dust),
                                                  Regional Haze State Implementation                      this action is available electronically at              and their precursors (e.g., sulfur dioxide
                                                  Plan                                                    www.regulations.gov and in hard copy                    (SO2), nitrogen oxides (NOX), and in
                                                                                                          at the EPA Region 6, 1445 Ross Avenue,                  some cases, ammonia and volatile
                                                  AGENCY:  Environmental Protection                       Suite 700, Dallas, Texas. While all                     organic compounds). Fine particulate
                                                  Agency (EPA).                                           documents in the docket are listed in                   can also cause serious health effects and
                                                  ACTION: Proposed rule.                                  the index, some information may be                      mortality in humans, and contributes to
                                                                                                          publicly available only at the hard copy                environmental effects such as acid
                                                  SUMMARY:   The Environmental Protection                 location (e.g., copyrighted material), and              deposition and eutrophication. See 64
                                                  Agency (EPA) is proposing to approve a                  some may not be publicly available at                   FR at 35715. Data from the existing
                                                  revision to the Louisiana State                         either location (e.g., CBI).                            visibility monitoring network, the
                                                  Implementation Plan (SIP) submitted by                                                                          ‘‘Interagency Monitoring of Protected
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  the State of Louisiana through the                                                                              Visual Environments’’ (IMPROVE)
                                                                                                          Jennifer Huser, 214–665–7347,
                                                  Louisiana Department of Environmental                                                                           monitoring network, show that visibility
                                                                                                          huser.jennifer@epa.gov. To inspect the
                                                  Quality (LDEQ) on August 11, 2016 that                                                                          impairment caused by air pollution
                                                                                                          hard copy materials, please schedule an
                                                  addresses regional haze (RH) for the first                                                                      occurs virtually all the time in most
                                                                                                          appointment with Jennifer Huser or Mr.
                                                  planning period. This revision was                                                                              national parks and wilderness areas.
                                                                                                          Bill Deese at 214–665–7253.
                                                  submitted to address deficiencies                                                                               The average visual range in many Class
                                                  identified in a previous action regarding               SUPPLEMENTARY INFORMATION:                              I areas in the western United States is
                                                  requirements of the Federal Clean Air                   Throughout this document wherever                       100–150 kilometers, or about one-half to
                                                  Act (CAA or Act) and the EPA’s rules                    ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             two-thirds the visual range that would
                                                  that require states to prevent any future               the EPA.                                                exist without manmade air pollution.2
                                                  and remedy any existing man-made                        I. Background                                           Visibility impairment also varies day-to-
                                                  impairment of visibility in mandatory                                                                           day and by season depending on
                                                  Class I areas caused by emissions of air                A. The Regional Haze Program                            variations in meteorology and emission
                                                  pollutants from numerous sources                          In the Clean Air Act (CAA)                            rates. The deciview (dv) is the metric by
                                                  located over a wide geographic area                     Amendments of 1977, Congress                            which visibility is measured in the
                                                  (also referred to as the ‘‘regional haze                established a program to protect and                    regional haze program. A change of 1 dv
                                                  program’’). This action concerns Best                   improve visibility in the Nation’s                      is generally considered the change in
                                                  Available Retrofit Technology for                       national parks and wilderness areas. See                visual range that the human eye can
                                                  certain sources.                                        CAA section 169A. Congress amended                      perceive.
                                                  DATES: Written comments must be                         the visibility provisions in the CAA in                 B. Best Available Retrofit Technology
                                                  received on or before November 28,                      1990 to focus attention on the problem
                                                                                                          of regional haze. See CAA section 169B.                   Section 169A of the CAA directs
                                                  2016.
                                                                                                          The EPA promulgated regional haze                       states to evaluate the use of retrofit
                                                  ADDRESSES:   Submit your comments,                                                                              controls at certain larger, often
                                                                                                          regulations in 1999 to implement
                                                  identified by Docket No. EPA–R06–                                                                               uncontrolled, older stationary sources
                                                                                                          sections 169A and 169B of the CAA.
                                                  OAR–2016–0520, at http://                                                                                       with the potential to emit greater than
                                                                                                          These regulations require states to
                                                  www.regulations.gov or via email to                                                                             250 tons per year (tpy) or more of any
                                                                                                          develop and implement plans to ensure
                                                  huser.jennifer@epa.gov. Follow the                                                                              visibility impairing pollutant in order to
                                                                                                          reasonable progress toward improving
                                                  online instructions for submitting                                                                              address visibility impacts from these
                                                                                                          visibility in mandatory Class I Federal
                                                  comments. Once submitted, comments                                                                              sources. Specifically, section
                                                                                                          areas 1 (Class I areas). See 64 FR 35714
                                                  cannot be edited or removed from                                                                                169A(b)(2)(A) of the Act requires states
                                                  Regulations.gov. The EPA may publish                      1 Areas designated as mandatory Class I Federal
                                                                                                                                                                  to revise their SIPs to contain such
                                                  any comment received to its public                      areas consist of national parks exceeding 6,000         measures as may be necessary to make
                                                  docket. Do not submit electronically any                acres, wilderness areas and national memorial parks
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                                                  information you consider to be                          exceeding 5,000 acres, and all international parks      as Class I additional areas which they consider to
                                                                                                          that were in existence on August 7, 1977. 42 U.S.C.     have visibility as an important value, the
                                                  Confidential Business Information (CBI)                 7472(a). In accordance with section 169A of the         requirements of the visibility program set forth in
                                                  or other information whose disclosure is                CAA, the EPA, in consultation with the Department       section 169A of the CAA apply only to ‘‘mandatory
                                                  restricted by statute. Multimedia                       of Interior, promulgated a list of 156 areas where      Class I Federal areas.’’ Each mandatory Class I
                                                  submissions (audio, video, etc.) must be                visibility is identified as an important value. 44 FR   Federal area is the responsibility of a ‘‘Federal Land
                                                                                                          69122 (November 30, 1979). The extent of a              Manager.’’ 42 U.S.C. 7602(i). When we use the term
                                                  accompanied by a written comment.                       mandatory Class I area includes subsequent changes      ‘‘Class I area’’ in this action, we mean a ‘‘mandatory
                                                  The written comment is considered the                   in boundaries, such as park expansions. 42 U.S.C.       Class I Federal area.’’
                                                  official comment and should include                     7472(a). Although states and tribes may designate          2 64 FR at 35715.




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Document Created: 2016-10-27 01:52:45
Document Modified: 2016-10-27 01:52:45
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 28, 2016.
ContactJeff Hunt, Air Planning Unit, Office of Air and Waste (AWT-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave, Suite 900, Seattle, WA 98101; telephone number: (206)
FR Citation81 FR 74741 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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