81_FR_7518 81 FR 7489 - Approval and Promulgation of Implementation Plans; Idaho: Interstate Transport Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards

81 FR 7489 - Approval and Promulgation of Implementation Plans; Idaho: Interstate Transport Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 29 (February 12, 2016)

Page Range7489-7491
FR Document2016-02846

The Environmental Protection Agency (EPA) is proposing to approve a submittal by the Idaho Department of Environmental Quality (Idaho DEQ) demonstrating that the State Implementation Plan (SIP) meets certain interstate transport requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for nitrogen dioxide (NO<INF>2</INF>) on January 22, 2010. Specifically, the Idaho DEQ reviewed monitoring and modeling data to show that sources within Idaho do not significantly contribute to nonattainment, or interfere with maintenance, of the NO<INF>2</INF> NAAQS in any other state.

Federal Register, Volume 81 Issue 29 (Friday, February 12, 2016)
[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Proposed Rules]
[Pages 7489-7491]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02846]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0855; FRL-9942-14-Region 10]


Approval and Promulgation of Implementation Plans; Idaho: 
Interstate Transport Requirements for the 2010 Nitrogen Dioxide 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a submittal by the Idaho Department of Environmental Quality 
(Idaho DEQ) demonstrating that the State Implementation Plan (SIP) 
meets certain interstate transport requirements of the Clean Air Act 
(CAA) for the National Ambient Air Quality Standards (NAAQS) 
promulgated for nitrogen dioxide (NO2) on January 22, 2010. 
Specifically, the Idaho DEQ reviewed monitoring and modeling data to 
show that sources within Idaho do not significantly contribute to 
nonattainment, or interfere with maintenance, of the NO2 
NAAQS in any other state.

DATES: Comments must be received on or before March 14, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0855 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

[[Page 7490]]

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.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
that is restricted by statute from disclosure. Certain other material, 
such as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available at http://www.regulations.gov or at EPA Region 
10, Office of Air, Waste and Toxics, 1200 Sixth Avenue, Seattle, 
Washington 98101. The EPA requests that you contact the person listed 
in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information please contact John 
Chi at (206) 553-1185, or [email protected].

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

Table of Contents

I. Background
II. Evaluation
III. Proposed Action
IV. Statutory and Executive Orders Review

I. Background

    On January 22, 2010, the EPA established a primary NO2 
NAAQS at 100 parts per billion (ppb), averaged over one hour, 
supplementing the existing annual standard (75 FR 6474). Within three 
years after promulgation of a new or revised standard, states must 
submit SIPs meeting the requirements of CAA sections 110(a)(1) and (2), 
often referred to as infrastructure requirements. On December 24, 2015, 
the Idaho DEQ submitted a SIP revision to address CAA section 
110(a)(2)(D)(i)(I) requirements. The submittal included monitoring and 
modeling data analysis to demonstrate that sources within Idaho do not 
significantly contribute to nonattainment, or interfere with 
maintenance, of the 2010 NO2 and 2010 sulfur dioxide NAAQS 
in any other state. This action addresses the 2010 NO2 NAAQS 
only. We intend to address the 2010 sulfur dioxide NAAQS in a separate, 
future action.

II. Evaluation

    CAA section 110(a)(2)(D)(i)(I) requires state SIPs to contain 
adequate provisions prohibiting any source or other type of emissions 
activity within a state from contributing significantly to 
nonattainment, or interfering with maintenance of the NAAQS in any 
other state.
    In the December 24, 2015 submittal, the Idaho DEQ reviewed air 
quality monitoring data for the United States and found that all 
monitored areas in the country met the 2010 NO2 NAAQS for 
the design value period 2008 through 2010. The Idaho DEQ also reviewed 
estimated background concentrations for the 1-hour NO2 
standard for the design value period 2009 through 2011. The modeled 
design values for that period were well below the 1-hour NO2 
NAAQS of 100 ppb. The Idaho DEQ concluded that based on monitoring data 
and modeled background concentrations Idaho does not significantly 
contribute to nonattainment, or interfere with maintenance, of the 2010 
NO2 NAAQS in any other state.
    In addition to reviewing Idaho's submittal, the EPA reviewed more 
recent monitoring data for NO2 throughout the United States. 
Using previous EPA methodology,\1\ EPA evaluated specific monitors 
identified as having nonattainment and/or maintenance problems, which 
we refer to as ``receptors.'' EPA identifies nonattainment receptors as 
any monitor that has violated the NO2 NAAQS in the most 
recent three-year period. Meanwhile, EPA identifies NO2 
maintenance receptors as any monitor that violated the NO2 
NAAQS in either of the prior monitoring cycles (2010-2012 and 2011-
2013), but attained in the most recent monitoring cycle (2012-2014). 
During the three most recent design value periods of 2010 through 2012, 
2011 through 2013, and 2012 through 2014, we found no monitors 
violating the 2010 NO2 NAAQS in the United States.\2\ Using 
this methodology, the EPA found no monitors meeting the criteria as a 
nonattainment receptor and/or as a maintenance receptor. Further, we 
note that available information indicates that monitored values are 
well below the 100 ppb 1-hour NO2 NAAQS in states bordering 
Idaho. The highest design value in bordering states for the most recent 
period is 68 ppb, at Utah County, Utah, as shown in the table below.
---------------------------------------------------------------------------

    \1\ See NOX SIP Call, 63 FR 57371 (October 27, 1998); 
CAIR, 70 FR 25172 (May 12, 2005); and Transport Rule or Cross-State 
Air Pollution Rule, 76 FR 48208 (August 8, 2011).
    \2\ http://www.epa.gov/airtrends/values.html.

                        Table 1--1-Hour NO2 NAAQS Design Values in States Bordering Idaho
----------------------------------------------------------------------------------------------------------------
                                                                                                   2012-2014 DV
                     State                                   County                    Site            (ppb)
----------------------------------------------------------------------------------------------------------------
MT............................................  Rosebud.........................       300870001               7
NV............................................  Washoe..........................       320310016              54
OR............................................  Multnomah.......................       410510080              35
UT............................................  Cache...........................       490050004              49
UT............................................  Carbon..........................       490071003              31
UT............................................  Salt Lake.......................       490353006              55
UT............................................  Utah............................       490490002              68
WY............................................  Campbell........................       560050892              35
WY............................................  Fremont.........................       560130099               5
WY............................................  Sublette........................       560350101              22
WY............................................  Sweetwater......................       560370300              20
WY............................................  Uinta...........................       560410101              12
----------------------------------------------------------------------------------------------------------------


[[Page 7491]]

    The EPA also reviewed regulatory provisions to control future new 
sources of nitrogen oxide emissions in Idaho. We note that on April 17, 
2014, we approved Idaho's NO2 infrastructure SIP (79 FR 
21669). In that action, we stated that Idaho generally regulates 
emissions of nitrogen oxides through its SIP-approved new source review 
permitting programs and operating permit regulations. Idaho's new 
source review permitting rules are found at IDAPA 58.01.01.200 through 
228. These rules help ensure that no new or modified source of nitrogen 
oxides will cause or contribute to violation of the NO2 
NAAQS. In addition, Idaho's Tier II operating permit regulations at 
IDAPA 58.01.01.400 through 410 require that to obtain an operating 
permit, the applicant must demonstrate the source will not cause or 
significantly contribute to a violation of any ambient air quality 
standard. These rules state that Idaho DEQ will require a Tier II 
source operating permit if Idaho DEQ determines emission rate 
reductions are necessary to attain or maintain any ambient air quality 
standard or applicable prevention of significant deterioration 
increment.
    Based on our review of the Idaho submittal, air quality monitoring 
data, and provisions in the current Federally-approved Idaho SIP 
regulating new sources, we believe it is reasonable to conclude that 
emissions from Idaho do not significantly contribute to nonattainment 
of the 2010 NO2 NAAQS. We also do not expect the monitors in 
states bordering Idaho, identified in Table 1 above, to have difficulty 
maintaining the 2010 NO2 NAAQS. We believe it is reasonable 
to conclude that emissions from Idaho do not interfere with maintenance 
of the 2010 NO2 NAAQS in any other state.

III. Proposed Action

    The EPA has reviewed the December 24, 2015 submittal from the Idaho 
DEQ demonstrating that sources in Idaho do not significantly contribute 
to nonattainment, or interfere with maintenance, of the NO2 
NAAQS in any other state. We have also reviewed recent monitoring data 
and regulatory provisions in the Federally-approved Idaho SIP. Based on 
our review, we are proposing to find that the Idaho SIP meets the CAA 
section 110(a)(2)(D)(i)(I) interstate transport requirements for the 
2010 NO2 NAAQS.

IV. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because this action does not involve technical standards; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian Tribe 
has demonstrated that a Tribe has jurisdiction. In those areas of 
Indian country, the rule does not have Tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Dated: January 27, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2016-02846 Filed 2-11-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                               Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules                                               7489

                                                      List of Subjects in 40 CFR Part 52                      electronically any information you                      Dated: February 2, 2016.
                                                        Environmental protection, Air                         consider to be Confidential Business                  Jared Blumenfeld,
                                                      pollution control, Carbon monoxide,                     Information (CBI) or other information                Regional Administrator, Region IX.
                                                      Incorporation by reference,                             whose disclosure is restricted by statute.            [FR Doc. 2016–02845 Filed 2–11–16; 8:45 am]
                                                      Intergovernmental relations, Lead,                      Multimedia submissions (audio, video,                 BILLING CODE 6560–50–P
                                                      Nitrogen dioxide, Ozone, Particulate                    etc.) must be accompanied by a written
                                                      matter, Reporting and recordkeeping                     comment. The written comment is
                                                      requirements, Sulfur oxides, Volatile                   considered the official comment and                   ENVIRONMENTAL PROTECTION
                                                      organic compounds.                                      should include discussion of all points               AGENCY
                                                         Authority: 42 U.S.C. 7401 et seq.                    you wish to make. The EPA will
                                                                                                                                                                    40 CFR Part 52
                                                                                                              generally not consider comments or
                                                        Dated: January 28, 2016.                                                                                    [EPA–R10–OAR–2015–0855; FRL–9942–14–
                                                                                                              comment contents located outside of the
                                                      Heather McTeer Toney,                                   primary submission (i.e. on the web,                  Region 10]
                                                      Regional Administrator, Region 4.                       cloud, or other file sharing system). For
                                                      [FR Doc. 2016–02844 Filed 2–11–16; 8:45 am]
                                                                                                                                                                    Approval and Promulgation of
                                                                                                              additional submission methods, please                 Implementation Plans; Idaho:
                                                      BILLING CODE 6560–50–P                                  contact the person identified in the FOR              Interstate Transport Requirements for
                                                                                                              FURTHER INFORMATION CONTACT section.                  the 2010 Nitrogen Dioxide National
                                                                                                              For the full EPA public comment policy,               Ambient Air Quality Standards
                                                      ENVIRONMENTAL PROTECTION
                                                                                                              information about CBI or multimedia
                                                      AGENCY                                                                                                        AGENCY:  Environmental Protection
                                                                                                              submissions, and general guidance on
                                                                                                              making effective comments, please visit               Agency (EPA).
                                                      40 CFR Part 52
                                                                                                              http://www2.epa.gov/dockets/                          ACTION: Proposed rule.
                                                      [EPA–R09–OAR–2015–0751; FRL–9942–06–                    commenting-epa-dockets.
                                                      Region 9]                                                                                                     SUMMARY:    The Environmental Protection
                                                                                                              FOR FURTHER INFORMATION CONTACT:                      Agency (EPA) is proposing to approve a
                                                      Revisions to the California State                       Nicole Law, EPA Region IX, (415) 947–                 submittal by the Idaho Department of
                                                      Implementation Plan, San Joaquin                        4126, Law.Nicole@epa.gov.                             Environmental Quality (Idaho DEQ)
                                                      Valley Unified Air Pollution Control                                                                          demonstrating that the State
                                                      District                                                SUPPLEMENTARY INFORMATION:     This                   Implementation Plan (SIP) meets certain
                                                                                                              document reopens the public comment                   interstate transport requirements of the
                                                      AGENCY:  Environmental Protection                       period established in the proposed rule               Clean Air Act (CAA) for the National
                                                      Agency (EPA).                                           published in the Federal Register on                  Ambient Air Quality Standards
                                                      ACTION: Proposed rule; reopening of                     December 2, 2015 (80 FR 75442) (FRL–                  (NAAQS) promulgated for nitrogen
                                                      comment period.                                         9939–64–Region 9). In that document,                  dioxide (NO2) on January 22, 2010.
                                                                                                              EPA solicited comments on a proposed                  Specifically, the Idaho DEQ reviewed
                                                      SUMMARY:   The Environmental Protection                                                                       monitoring and modeling data to show
                                                                                                              rule to approve revisions to the
                                                      Agency (EPA) issued a proposed rule in                                                                        that sources within Idaho do not
                                                                                                              SJVUAPCD’s Rule 4702 (Internal
                                                      the Federal Register on December 2,                                                                           significantly contribute to
                                                      2015, proposing to approve a revision to                Combustion Engines) and referenced a
                                                                                                              technical support document (TSD)                      nonattainment, or interfere with
                                                      the San Joaquin Valley Unified Air                                                                            maintenance, of the NO2 NAAQS in any
                                                      Pollution Control District (SJVUAPCD)                   containing further information about the
                                                                                                                                                                    other state.
                                                      portion of the California State                         rule. Due to an administrative error, the
                                                                                                                                                                    DATES: Comments must be received on
                                                      Implementation Plan (SIP). The                          TSD was not available on
                                                                                                                                                                    or before March 14, 2016.
                                                      December 2, 2015 proposal provided for                  www.regulations.gov until after the
                                                                                                                                                                    ADDRESSES: Submit your comments,
                                                      a 30-day public comment period ending                   close of the comment period on January
                                                                                                              4, 2016. Although EPA did not receive                 identified by Docket ID No. EPA–R10–
                                                      January 4, 2016. One document in the                                                                          OAR–2015–0855 at http://
                                                      docket for this proposal was not listed                 any public comments on this proposal
                                                                                                                                                                    www.regulations.gov. Follow the online
                                                      at www.regulations.gov until after the                  or any requests for the TSD, EPA is
                                                                                                                                                                    instructions for submitting comments.
                                                      comment period had closed. EPA is                       reopening the comment period for                      Once submitted, comments cannot be
                                                      reopening the comment period for 15                     another 15 days to ensure that the                    edited or removed from Regulations.gov.
                                                      days to ensure the public has an                        public has an opportunity to review and               The EPA may publish any comment
                                                      opportunity to review and comment on                    comment on all material in the docket.                received to its public docket. Do not
                                                      all material in the docket.                             Accordingly, any comments on this                     submit electronically any information
                                                      DATES: Any comments must arrive by                      proposed rule must be received on or                  you consider to be Confidential
                                                      February 29, 2016.                                      before February 29, 2016.                             Business Information (CBI) or other
                                                      ADDRESSES: Submit your comments,
                                                                                                              List of Subjects in 40 CFR Part 52                    information whose disclosure is
                                                      identified by Docket ID No. EPA–R09–                                                                          restricted by statute. Multimedia
                                                      OAR–2015–0751 at                                          Environmental protection, Air                       submissions (audio, video, etc.) must be
                                                      www.regulations.gov, or via email to                    pollution control, Carbon monoxide,                   accompanied by a written comment.
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                      steckel.andrew@epa.gov.                                 Incorporation by reference,                           The written comment is considered the
                                                         For comments submitted at                            Intergovernmental relations, Nitrogen                 official comment and should include
                                                      Regulations.gov, follow the online                      dioxide, Ozone, Particulate matter,                   discussion of all points you wish to
                                                      instructions for submitting comments.                   Reporting and recordkeeping                           make. The EPA will generally not
                                                      Once submitted, comments cannot be                      requirements, Volatile organic                        consider comments or comment
                                                      edited or removed from Regulations.gov.                 compounds.                                            contents located outside of the primary
                                                      For either manner of submission, the                                                                          submission (i.e. on the Web, cloud, or
                                                      EPA may publish any comment received                      Authority: 42 U.S.C. 7401 et seq.                   other file sharing system). For
                                                      to its public docket. Do not submit                                                                           additional submission methods, the full


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                                                      7490                            Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules

                                                      EPA public comment policy,                                                I. Background                                                                2009 through 2011. The modeled design
                                                      information about CBI or multimedia                                          On January 22, 2010, the EPA                                              values for that period were well below
                                                      submissions, and general guidance on                                      established a primary NO2 NAAQS at                                           the 1-hour NO2 NAAQS of 100 ppb. The
                                                      making effective comments, please visit                                   100 parts per billion (ppb), averaged                                        Idaho DEQ concluded that based on
                                                      http://www2.epa.gov/dockets/                                              over one hour, supplementing the                                             monitoring data and modeled
                                                      commenting-epa-dockets.                                                   existing annual standard (75 FR 6474).                                       background concentrations Idaho does
                                                                                                                                Within three years after promulgation of                                     not significantly contribute to
                                                         Docket: All documents in the
                                                                                                                                a new or revised standard, states must                                       nonattainment, or interfere with
                                                      electronic docket are listed in the                                                                                                                    maintenance, of the 2010 NO2 NAAQS
                                                      http://www.regulations.gov index.                                         submit SIPs meeting the requirements of
                                                                                                                                CAA sections 110(a)(1) and (2), often                                        in any other state.
                                                      Although listed in the index, some
                                                                                                                                referred to as infrastructure                                                  In addition to reviewing Idaho’s
                                                      information is not publicly available,                                                                                                                 submittal, the EPA reviewed more
                                                      i.e., CBI or other information that is                                    requirements. On December 24, 2015,
                                                                                                                                the Idaho DEQ submitted a SIP revision                                       recent monitoring data for NO2
                                                      restricted by statute from disclosure.                                                                                                                 throughout the United States. Using
                                                                                                                                to address CAA section 110(a)(2)(D)(i)(I)
                                                      Certain other material, such as                                                                                                                        previous EPA methodology,1 EPA
                                                                                                                                requirements. The submittal included
                                                      copyrighted material, is not placed on                                                                                                                 evaluated specific monitors identified as
                                                                                                                                monitoring and modeling data analysis
                                                      the Internet and will be publicly                                         to demonstrate that sources within                                           having nonattainment and/or
                                                      available only in hard copy form.                                         Idaho do not significantly contribute to                                     maintenance problems, which we refer
                                                      Publicly available docket materials are                                   nonattainment, or interfere with                                             to as ‘‘receptors.’’ EPA identifies
                                                      available at http://www.regulations.gov                                   maintenance, of the 2010 NO2 and 2010                                        nonattainment receptors as any monitor
                                                      or at EPA Region 10, Office of Air,                                       sulfur dioxide NAAQS in any other                                            that has violated the NO2 NAAQS in the
                                                      Waste and Toxics, 1200 Sixth Avenue,                                      state. This action addresses the 2010                                        most recent three-year period.
                                                      Seattle, Washington 98101. The EPA                                        NO2 NAAQS only. We intend to address                                         Meanwhile, EPA identifies NO2
                                                      requests that you contact the person                                      the 2010 sulfur dioxide NAAQS in a                                           maintenance receptors as any monitor
                                                      listed in the FOR FURTHER INFORMATION                                     separate, future action.                                                     that violated the NO2 NAAQS in either
                                                      CONTACT section to schedule your                                                                                                                       of the prior monitoring cycles (2010–
                                                                                                                                II. Evaluation                                                               2012 and 2011–2013), but attained in
                                                      inspection. The Regional Office’s
                                                      official hours of business are Monday                                        CAA section 110(a)(2)(D)(i)(I) requires                                   the most recent monitoring cycle (2012–
                                                      through Friday, 8:30 to 4:30, excluding                                   state SIPs to contain adequate                                               2014). During the three most recent
                                                      Federal holidays.                                                         provisions prohibiting any source or                                         design value periods of 2010 through
                                                                                                                                other type of emissions activity within                                      2012, 2011 through 2013, and 2012
                                                      FOR FURTHER INFORMATION CONTACT:   For                                    a state from contributing significantly to                                   through 2014, we found no monitors
                                                      information please contact John Chi at                                    nonattainment, or interfering with                                           violating the 2010 NO2 NAAQS in the
                                                      (206) 553–1185, or chi.john@epa.gov.                                      maintenance of the NAAQS in any other                                        United States.2 Using this methodology,
                                                      SUPPLEMENTARY INFORMATION:                                                state.                                                                       the EPA found no monitors meeting the
                                                                                                                                   In the December 24, 2015 submittal,                                       criteria as a nonattainment receptor
                                                      Throughout this document wherever
                                                                                                                                the Idaho DEQ reviewed air quality                                           and/or as a maintenance receptor.
                                                      ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
                                                                                                                                monitoring data for the United States                                        Further, we note that available
                                                      intended to refer to the EPA.
                                                                                                                                and found that all monitored areas in                                        information indicates that monitored
                                                      Table of Contents                                                         the country met the 2010 NO2 NAAQS                                           values are well below the 100 ppb
                                                                                                                                for the design value period 2008                                             1-hour NO2 NAAQS in states bordering
                                                      I. Background                                                             through 2010. The Idaho DEQ also                                             Idaho. The highest design value in
                                                      II. Evaluation
                                                                                                                                reviewed estimated background                                                bordering states for the most recent
                                                      III. Proposed Action
                                                                                                                                concentrations for the 1-hour NO2                                            period is 68 ppb, at Utah County, Utah,
                                                      IV. Statutory and Executive Orders Review
                                                                                                                                standard for the design value period                                         as shown in the table below.

                                                                                           TABLE 1—1-HOUR NO2 NAAQS DESIGN VALUES IN STATES BORDERING IDAHO
                                                                                                                                                                                                                                                2012–2014 DV
                                                                             State                                                                                County                                                            Site            (ppb)

                                                      MT ....................................................   Rosebud ....................................................................................................       300870001                   7
                                                      NV ....................................................   Washoe .....................................................................................................       320310016                  54
                                                      OR ....................................................   Multnomah .................................................................................................        410510080                  35
                                                      UT ....................................................   Cache ........................................................................................................     490050004                  49
                                                      UT ....................................................   Carbon .......................................................................................................     490071003                  31
                                                      UT ....................................................   Salt Lake ...................................................................................................      490353006                  55
                                                      UT ....................................................   Utah ...........................................................................................................   490490002                  68
                                                      WY ...................................................    Campbell ...................................................................................................       560050892                  35
                                                      WY ...................................................    Fremont .....................................................................................................      560130099                   5
                                                      WY ...................................................    Sublette .....................................................................................................     560350101                  22
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                      WY ...................................................    Sweetwater ................................................................................................        560370300                  20
                                                      WY ...................................................    Uinta ..........................................................................................................   560410101                  12




                                                        1 See NO SIP Call, 63 FR 57371 (October 27,                             Transport Rule or Cross-State Air Pollution Rule, 76                            2 http://www.epa.gov/airtrends/values.html.
                                                                X
                                                      1998); CAIR, 70 FR 25172 (May 12, 2005); and                              FR 48208 (August 8, 2011).



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                                                                              Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules                                                7491

                                                        The EPA also reviewed regulatory                      CAA and applicable Federal regulations.               Nitrogen dioxide, Reporting and
                                                      provisions to control future new sources                42 U.S.C. 7410(k); 40 CFR 52.02(a).                   recordkeeping requirements.
                                                      of nitrogen oxide emissions in Idaho.                   Thus, in reviewing SIP submissions, the                 Dated: January 27, 2016.
                                                      We note that on April 17, 2014, we                      EPA’s role is to approve state choices,               Dennis J. McLerran,
                                                      approved Idaho’s NO2 infrastructure SIP                 provided that they meet the criteria of
                                                                                                                                                                    Regional Administrator, Region 10.
                                                      (79 FR 21669). In that action, we stated                the CAA. Accordingly, this action
                                                      that Idaho generally regulates emissions                                                                      [FR Doc. 2016–02846 Filed 2–11–16; 8:45 am]
                                                                                                              merely approves state law as meeting
                                                      of nitrogen oxides through its SIP-                     Federal requirements and does not                     BILLING CODE 6560–50–P

                                                      approved new source review permitting                   impose additional requirements beyond
                                                      programs and operating permit                           those imposed by state law. For that
                                                      regulations. Idaho’s new source review                  reason, this action:                                  FEDERAL COMMUNICATIONS
                                                      permitting rules are found at IDAPA                        • Is not a ‘‘significant regulatory                COMMISSION
                                                      58.01.01.200 through 228. These rules                   action’’ subject to review by the Office
                                                      help ensure that no new or modified                     of Management and Budget under                        47 CFR Parts 15 and 74
                                                      source of nitrogen oxides will cause or                 Executive Orders 12866 (58 FR 51735,                  [OET Docket Nos. 14–165, 14–166 and 12–
                                                      contribute to violation of the NO2                      October 4, 1993) and 13563 (76 FR 3821,               268; Report No. 3037]
                                                      NAAQS. In addition, Idaho’s Tier II                     January 21, 2011);
                                                      operating permit regulations at IDAPA                      • does not impose an information                   Petitions for Reconsideration of Action
                                                      58.01.01.400 through 410 require that to                collection burden under the provisions                in a Rulemaking Proceeding
                                                      obtain an operating permit, the                         of the Paperwork Reduction Act (44
                                                      applicant must demonstrate the source                   U.S.C. 3501 et seq.);                                 AGENCY:  Federal Communications
                                                      will not cause or significantly contribute                 • is certified as not having a                     Commission.
                                                      to a violation of any ambient air quality               significant economic impact on a                      ACTION: Petition for reconsideration.
                                                      standard. These rules state that Idaho                  substantial number of small entities
                                                      DEQ will require a Tier II source                       under the Regulatory Flexibility Act (5               SUMMARY:   Petitions for Reconsideration
                                                      operating permit if Idaho DEQ                           U.S.C. 601 et seq.);                                  (Petitions) have been filed in the
                                                      determines emission rate reductions are                    • does not contain any unfunded                    Commission’s Rulemaking proceeding
                                                      necessary to attain or maintain any                     mandate or significantly or uniquely                  by Howard S. Shapiro, on behalf of
                                                      ambient air quality standard or                         affect small governments, as described                Audio-Technica U.S., Inc., Laura
                                                      applicable prevention of significant                    in the Unfunded Mandates Reform Act                   Stefani, on behalf of Sennheiser
                                                      deterioration increment.                                of 1995 (Pub. L. 104–4);                              Electronic Corp., Paul Margie, on behalf
                                                        Based on our review of the Idaho                         • does not have Federalism                         of Google Inc., Paula Boyd, on behalf of
                                                      submittal, air quality monitoring data,                 implications as specified in Executive                Microsoft Corporation, Stephen E.
                                                      and provisions in the current Federally-                Order 13132 (64 FR 43255, August 10,                  Coran, on behalf of Wireless Internet
                                                      approved Idaho SIP regulating new                       1999);                                                Service Providers Association, Rick
                                                      sources, we believe it is reasonable to                    • is not an economically significant               Kaplan, on behalf of National
                                                      conclude that emissions from Idaho do                   regulatory action based on health or                  Association of Broadcasters, Lawrence J.
                                                      not significantly contribute to                         safety risks subject to Executive Order               Movshin, on behalf of WMTS Coalition,
                                                      nonattainment of the 2010 NO2 NAAQS.                    13045 (62 FR 19885, April 23, 1997);                  Catherine Wang, on behalf of Shure
                                                      We also do not expect the monitors in                      • is not a significant regulatory action           Incorporated, Ari Q. Fitzgerald, on
                                                      states bordering Idaho, identified in                   subject to Executive Order 13211 (66 FR               behalf GE Healthcare, Gordon Moore, on
                                                      Table 1 above, to have difficulty                       28355, May 22, 2001);                                 behalf of Lectrosonics, Inc. and
                                                      maintaining the 2010 NO2 NAAQS. We                         • is not subject to requirements of                Telecommunications Law Professionals
                                                      believe it is reasonable to conclude that               Section 12(d) of the National                         PLLC, on behalf of Carlson Wireless
                                                      emissions from Idaho do not interfere                   Technology Transfer and Advancement                   Technologies, Inc. and Cal.net, Inc.
                                                      with maintenance of the 2010 NO2                        Act of 1995 (15 U.S.C. 272 note) because              DATES: Oppositions to the Petitions
                                                      NAAQS in any other state.                               this action does not involve technical                must be filed on or before February 29,
                                                                                                              standards; and                                        2016. Replies to an opposition must be
                                                      III. Proposed Action                                       • does not provide the EPA with the                filed on or before March 25, 2016.
                                                         The EPA has reviewed the December                    discretionary authority to address, as                ADDRESSES: Federal Communications
                                                      24, 2015 submittal from the Idaho DEQ                   appropriate, disproportionate human                   Commission, 445 12th Street SW.,
                                                      demonstrating that sources in Idaho do                  health or environmental effects, using                Washington, DC 20554.
                                                      not significantly contribute to                         practicable and legally permissible
                                                                                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                      nonattainment, or interfere with                        methods, under Executive Order 12898
                                                      maintenance, of the NO2 NAAQS in any                    (59 FR 7629, February 16, 1994).                      Hugh Van Tuyl, Policy and Rules
                                                      other state. We have also reviewed                         In addition, the SIP is not approved               Division, Office of Engineering and
                                                      recent monitoring data and regulatory                   to apply on any Indian reservation land               Technology, (202) 418–7506, email:
                                                      provisions in the Federally-approved                    or in any other area where the EPA or                 Hugh.VanTuyl@fcc.gov. Paul Murray,
                                                      Idaho SIP. Based on our review, we are                  an Indian Tribe has demonstrated that a               Policy and Rules Division, Offiice of
                                                      proposing to find that the Idaho SIP                    Tribe has jurisdiction. In those areas of             Engineering and Technology, (202) 418–
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                      meets the CAA section 110(a)(2)(D)(i)(I)                Indian country, the rule does not have                0688, email: Paul.Murray@fcc.gov.
                                                      interstate transport requirements for the               Tribal implications as specified by                   SUPPLEMENTARY INFORMATION: This is a
                                                      2010 NO2 NAAQS.                                         Executive Order 13175 (65 FR 67249,                   summary of Commission’s document,
                                                                                                              November 9, 2000).                                    Report No. 3037, released January 12,
                                                      IV. Statutory and Executive Orders                                                                            2016. The full text of the Petitions is
                                                      Review                                                  List of Subjects in 40 CFR Part 52                    available for viewing and copying in
                                                        Under the CAA, the Administrator is                     Environmental protection, Air                       Room CY–B402, 445 12th Street SW.,
                                                      required to approve a SIP submission                    pollution control, Incorporation by                   Washington, DC or may be accessed
                                                      that complies with the provisions of the                reference, Intergovernmental relations,               online via the Commission’s Electronic


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Document Created: 2016-02-12 01:24:25
Document Modified: 2016-02-12 01:24:25
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.
DatesComments must be received on or before March 14, 2016.
ContactFor information please contact John Chi at (206) 553-1185, or [email protected]
FR Citation81 FR 7489 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide and Reporting and Recordkeeping Requirements

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